BUSH APPOINTEE in Northern District of New York, Deals Right to Dissent a Death Blow! Options

[Livyjr]

Now, 1986 is a significant year in connection with this case of ours, for a lot of reasons, and it is interesting, in retrospect, to look at the juxtaposition of these various "events", to see how they lead us right up to this present moment in time, where we now are, here in this tiny bit of OUR America that is the County of Rensselaer in the alleged corrupt EMPIRE STATE of New York!

Consider for a moment, if you will, in forming your own thoughts about the contents of this thread, these words of the then-Governor of the State of New York in 1986 concerning New York State's "HISTORY" of corruption as it stood right exactly then:

"TEN YEARS AGO, a study by the Joint House-Senate Subcommittee on Investigations estimated the costs of white-collar crime at MORE THAN forty-four BILLION dollars".

"The incidence of white-collar crime has not abated in the last decade; instead, it has spiraled ever-upward as economic crime has become increasingly profitable and sophisticated!"

"The effects of major economic crime can be devastating: THE WHOLE SOCIETY suffers as crimes against business become crimes against consumers."

"GREEDY, WHITE-COLLAR PROFITEERS WILL NOT BE STOPPED until we adopt strong measures to stop them!"

- Governor's Approval memorandum, New York State Legislative Annual -1986, p.236

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

During the time that these hearings were proceeding, the New York State Department of Health produced a report which was predicated on a request by [DELETED BY FBI CENSORS] to investigate allegations of "misfeasance and malfeasance made by PLAINTIFF against the Rensselaer County Department of Health."

This REPORT, dated March 15, 1989, advised that, "the investigation found significant deficiencies in the Rensselaer County residential subdivision program and individual sewage program."

"We conclude that there has been inadequate oversight by the county Board of Health, inadequate supervision by the county Director of Public Health, insufficient support by the County Executive Office (the position of Environmental Health Director was vacant for four years) and FAILURES OF PREVIOUS ENVIRONMENTAL HEALTH DIRECTORS TO ENFORCE AND FOLLOW THE COUNTY SANITARY CODE DURING THE TIME PERIOD STUDIED."

******

Under the "FINDINGS" section of this report, the report stated "whenever documentation could be founmd, PLAINTIFF was found to be accurate in his statements of inappropriate code reviews."

- EXCERPT from page 203 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

MARCH 15, 1989

DIRECT EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG BY REPUBLICAN DEPUTY RENSSELAER COUNTY ATTORNEY GORDON MAYO, ESQUIRE, BEFORE THE "EYES AND EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO AS TO WHY THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER HAD BEEN LOCKED OUT OF THE RENSSELAER COUNTY OFFICE BUILDING ON OCTOBER 12, 1988 .....

MAYO: Are you currently or have you in the past been involved in massive land fraud schemes or illegal activity while serving in your present position?

VAN PRAAG: Not to my knowledge .....

EXCERPTS FROM MARCH 15, 1989 REPORT OF INVESTIGATION OF NEW YORK STATE HEALTH COMMISSIONER DR. DAVID AXELROD CONFIRMING PLAINTIFF'S ALLEGATIONS OF MISFEASANCE AND MALFEASANCE IN THE MANAGEMENT OF THE RENSSELAER COUNTY DEPARTMENT OF HEALTH

In some cases, plans were improperly approved/signed by the Public Health Director (REPUBLICAN Kenneth Van Praag) without input from a Professional Engineer.

Time extensions for approval of plans were also approved by the Public Health Director without input from a Professional Engineer.

*****

Consultants may also have evaded the realty subdivision regulations.

An apparent inappropriate alteration of County Health Department approval for part of Algonquin Estates, Poestenkill (T), occurred recently.

The State Department of Health has referred this matter this matter to both the N.Y.S. Education Department and the Rensselaer County District Attorney.

- Taken from page 93 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

[Livyjr]

October 9, 1990

Hon. Raymond J. Elliott, III
North Greenbush Town Court
2 Douglas St.
Wynantskill, N.Y. 12198

Dear Judge Elliott,

Enclosed herewith, please find a copy of the People's Notice of Appeal from a dismissal in the North Greenbush Town Court on Tuesday, October 2, 1990.

Mr. Jones (one of the defendants in the Federal Civil Rights lawsuit) contacted this office and requested this course of action.

By way of judicial economy, I hereby move to reargue the Motion to Dismiss in order to afford the People an opportunity to be heard on this matter.

The complainant in this case feels that there has been an injustice, and has sought the assistance of this office.

We have agreed to accept the responsibility to represent the People in this case.

My understanding of the events which took place in your court on October 2, 1990 clearly demonstrate that Mr. Jones is not familiar with the criminal justice system!"

Mrs. Jones, while her actions were, without a doubt, inappropriate and arguably contemptuous, I do not believe such actions warrant or give rise to a dismissal.

Furthermore, as PLAINTIFF'S familiarity with the law has been demonstrated in another action pending in your court, I sincerely believe adequate representation of the People's position should be provided by this office!

By copy of this letter to PLAINTIFF, I am making this motion returnable on October 30, 1990, the same date that PLAINTIFF has another motion returnable.

Respectfully submitted, Richard J. McNally, Jr.
Assistant Rensselaer County District Attorney

- O'CONNOR "BIBLE" SUBMITTED TO THE FEDERAL SECOND CIRCUIT COURT OF APPEALS ON BEHALF OF THE RENSSELAER COUNTY DEFENDANTS, pp. 118-119

EXCERPTS FROM MARCH 15, 1989 REPORT OF INVESTIGATION OF NEW YORK STATE HEALTH COMMISSIONER DR. DAVID AXELROD CONFIRMING PLAINTIFF'S ALLEGATIONS OF MISFEASANCE AND MALFEASANCE IN THE MANAGEMENT OF THE RENSSELAER COUNTY DEPARTMENT OF HEALTH

Consultants may also have evaded the realty subdivision regulations.

An apparent inappropriate alteration of County Health Department approval for part of Algonquin Estates, Poestenkill (T), occurred recently.

The State Department of Health has referred this matter this matter to both the N.Y.S. Education Department and the Rensselaer County District Attorney.

- Taken from page 93 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

And so that the point is properly made .....

These "violations" are violations of law .....

Which makes them crimes .....

In the case of this "inappropriate alteration of County Health Department approval" ....

A felony in the State of New York .....

As was each instance in which REPUBLICAN Rensselaer County Public Health Director Kenneth Van Praag signed off on a set of subdivision plans as a licensed professional engineer .....

And in answer to a question concerning the outcome of this referral to the Office of Professional Discipline of the New York State Department of Education ...

And the Rensselaer County District Attorney's Office .....

The answer is ...

That the investigation was buried .....

And the Associate Public Health Engineer .....

Was prosecuted instead .....

By the Office of the Rensselaer County District Attorny .....

After being run down on Liberty Lane in the Town of Poestenkill ....

On December 29, 1989 .....

And so .....

[Livyjr]

EXCERPTS FROM MARCH 15, 1989 REPORT OF INVESTIGATION OF NEW YORK STATE HEALTH COMMISSIONER DR. DAVID AXELROD CONFIRMING PLAINTIFF'S ALLEGATIONS OF MISFEASANCE AND MALFEASANCE IN THE MANAGEMENT OF THE RENSSELAER COUNTY DEPARTMENT OF HEALTH

In some cases, plans were improperly approved/signed by the Public Health Director (REPUBLICAN Kenneth Van Praag) without input from a Professional Engineer.

Time extensions for approval of plans were also approved by the Public Health Director without input from a Professional Engineer.

*****

Consultants may also have evaded the realty subdivision regulations.

An apparent inappropriate alteration of County Health Department approval for part of Algonquin Estates, Poestenkill (T), occurred recently.

The State Department of Health has referred this matter this matter to both the N.Y.S. Education Department and the Rensselaer County District Attorney.

- From page 93 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

And in answer to a question concerning the outcome of this referral to the Office of Professional Discipline of the New York State Department of Education ...

And the Rensselaer County District Attorney's Office .....

The answer is ...

That the investigation was buried .....

And the Associate Public Health Engineer .....

Was prosecuted instead .....

By the Office of the Rensselaer County District Attorny .....

After being run down on Liberty Lane in the Town of Poestenkill ....

On December 29, 1989 .....

And so .....

RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER

This is a professional position involving responsibility for the planning, direction and supervision of the environmental health program of the Rensselaer County Department of Health.

The work involves providing advice and guidance to local officials and the general public in regard to environmental health problems and the measures necessary for improvements and compliance with legal requirements.

An incumbent provides leadership in the promotion of public health through application of environmental practices.

In addition, an employee is responsible for the enforcement of the provisions of the Public Health Law and local and State Sanitary Codes in relation to environmental matters.

TYPICAL WORK ACTIVITIES

Makes environmental health investigations of outbreaks of disease;

Represents the Department of Health on ALL matters and problems related to environmental health;

Prepares technical reports including recommendations;

Formulates public health engineering and environmental policies.

Approved Civil Service Commission, December 13, 1979

RENSSELAER COUNTY EXHIBIT #13

DATE: October 11, 1988

TO: John Buono, Rensselaer County Executive

FROM: Associate Public Health Engineer, Rensselaer County Health District

SUBJECT: Integrity of Environmental Health Programs

As the Director of the Environmental Health Division, it is my responsibility to certify on behalf of Rensselaer County the integrity of the Code Enforcement Programs to the State of New York for the purpose of payment of our State operating funds.

I have reached a juncture where such certification by myself is no longer feasible.

My certification of our operations is as a licensed professional.

My conduct is governed in large part by Part 29 of the Codes of the Education Department which sets forth the actions deemed to constitute unprofessional conduct on the part of licensed individuals.

Section 29.1(B)(6) defines unprofessional conduct as "willfully making or filing a false report, or failing to file a report required by law or by the Education Department, or willfully impeding or obstructing such filing, or inducing another person to do so."

I can no longer vouch for the integrity of our programs and will not place my professional standing in jeopardy.

It is my professional opinion stated in writing to yourself that the programs I am responsible for have been very seriously undermined and compromised.

As my internal investigation proceeds, the probability of actions for damages against the Department increases, due to errors of omission and commission of former engineers and the Public Health Director.

As the Public Health Law requires me to conduct investigations into incidents involving public health nuisance or hazard, I find myself in the course of such investigation returning to our own files with consistent violation of code on the part of County staff.

APRIL 11, 1989

THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER, UNDER OATH IN A PUBLIC SETTING PRESIDED OVER BY THE "EYES-AND-EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO, STANDS BEFORE THE CANDID WORLD, TO INCLUDE THE FBI, AND THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK, TO ANSWER THE FALSE AND SPECIOUS CHARGES THAT RENSSELAER COUNTY HAS LODGED AGAINST HIM IN THE PERFORMANCE OF HIS DUTIES AS RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER BETWEEN JUNE OF 1986 and OCTOBER OF 1988 ......

ENGINEER: I said to Mr. Buono ....

That as the Division Director ....

And as the person responsible ....

For the Codes of the State of New York ....

And the county ...

It was my responsibility ....

I was hired to enforce those codes ....

And I felt ....

That by this date ...

Such performance ....

On my part ...

Was no longer possible ....

I think ....

That I made it clear ...

To many individuals ....

To include Mr. Buono ....

THAT I WOULD NOT PARTICIPATE ....

IN ACTIVITIES .....

THAT I FELT ...

TO BE OUTSIDE ....

THE BOUNDS ....

OF MY PROFESSIONAL CONDUCT .....

And I made it clear ....

Many times ...

That I would not ....

Accept advice ...

From unlicensed individuals ....

As to what was proper ....

For myself ...

To do ....

To be continued ....

This post has been edited by Livyjr: Mar 26 2006, 08:05 AM

[Livyjr]

And in response to a question ....

As to what happened ...

To all of this sworn testimony ...

It was buried ....

Along with the PLAINTIFF .....

Which is to say ...

It was essentially .....

Tossed in the trash ....

By the Town of Poestenkill ...

The County of Rensselaer ....

The State of New York ...

And the Office of the United States Attorney ...

For the Northern District of New York ....

Because there was no way anyone up here ....

Was going to stop that from happening ...

And so ...

It did ....

Evidence and testimony were simply shrugged off ....

And dismissed ....

Out of hand ....

Especially the findings of misfeasance and malfeasance ....

In the Rensselaer County Department of Health ....

By New York State Health Commissioner Dr. David Axelrod ....

On March 15, 1989 ....

That document especially ....

Was made a mockery of ....

And so ....

What went down ...

Went down ...

And the "after-effects" ....

On the lives of the people in a community ...

In the State of New York ....

Of one man saying no ....

Continue to this day ...

And so ....

[Livyjr]

APRIL 11, 1989

THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER, UNDER OATH IN A PUBLIC SETTING PRESIDED OVER BY REPUBLICAN LAWYER, PHILIP LANCE, ESQUIRE, THE "EYES-AND-EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO, STANDS BEFORE THE CANDID WORLD, TO INCLUDE THE FBI, AND THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK, TO ANSWER THE FALSE AND SPECIOUS CHARGES THAT RENSSELAER COUNTY HAS LODGED AGAINST HIM IN THE PERFORMANCE OF HIS DUTIES AS RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER BETWEEN JUNE OF 1986 and OCTOBER OF 1988 ......

ENGINEER: And I made it clear ....

Many times ...

That I would not ....

Accept advice ...

From unlicensed individuals ....

As to what was proper ....

For myself ...

To do ....

To be continued ....

ENGINEER: I felt that then ....

And ...

I still feel ...

That my conduct ...

As an engineer ...

IS MY RESPONSIBILITY ....

And I feel that at any time ....

Anybody calls into question ....

My conduct as an engineer ...

They have the right ...

To immediate investigation ....

By the Office of Professional Discipline (of the New York State Department of Education) ....

The Office of Professional Discipline ...

Has conducted an investigation ...

Into certain of my activities ....

And I feel in the future ...

If my activities are in fact questionable ....

The Office of Professional Discipline ...

Will come back ....

So ...

I feel that my adhering ...

To a set of guidelines ....

Is not an action ...

On my part ....

That is unilateral ....

SINCE THE RIGHT TO CHALLENGE .....

ALWAYS DOES EXIST ....

First ...

Through the Education Department ....

Then ...

Through the courts ....

To be continued ....

[Livyjr]

OFFICE OF THE PROFESSIONS - NEW YORK STATE DEPARTMENT OF EDUCATION

http://www.op.nysed.gov

About OP - Professional Regulation in New York State

In 1891, medicine became the first profession licensed by the New York State Board of Regents.

New York's unique system of professional regulation, recognized as a model for public protection, has grown to encompass approximately 700,000 practitioners and over 30,000 professional practice business entities in forty-seven professions.

Guided by the Regents, a citizen body, the professions are within New York State's unified system of education - The University of the State of New York.

This recognizes the key role education plays in both preparing licensed professionals and in ensuring their continuous development.

The State Education Department, under Regents direction, administers professional regulation through its Office of the Professions, assisted by the twenty-nine State Boards for the Professions.

Deputy Commissioner Johanna Duncan-Poitier leads the Office.

Licensing, registration, and related fees are the sole means of support for professional regulation in New York State.

These fees support comprehensive services to the public and the professions.

The Office of the Professions provides a number of services to the public and the professions, including the following:

Licensure and Registration

Reviews over 3,300 programs that prepare students for professional licensure
Designs and administers licensing examinations

Processes applications, reviews qualifications, and issues credentials

Evaluates educational credentials of candidates from over 100 countries

Registers entities such as professional corporations, pharmacies, continuing education providers, providers of courses in infection control and the identification and reporting of child abuse, and others

Professional Discipline

Investigates and prosecutes professional misconduct and unlicensed practice throughout New York State

Maintains a hotline for reporting professional misconduct and unlicensed practice

Assists professionals who have substance abuse problems

Public and Professional Education and Information

Advises the public on professional services through the consumer brochures on the professions, the Consumer's Bill of Rights, and more

Assists professionals in staying current with regulatory developments and emerging issues through advisories, publications, and events

Verifies and archives licensure and professional disciplinary actions

Maintains this website, offering information and services for licensure applicants, licensed professionals, and the general public - 24 hours a day, 7 days a week

These are among the many services offered by the Office of the Professions to protect the public and the integrity of the professions.

For more information, contact the Office of the Professions by phone at 518-474-3817 or by e-mail to op4info@mail.nysed.gov.

[Livyjr]

EXCERPTS FROM MARCH 15, 1989 REPORT OF INVESTIGATION OF NEW YORK STATE HEALTH COMMISSIONER DR. DAVID AXELROD CONFIRMING PLAINTIFF'S ALLEGATIONS OF MISFEASANCE AND MALFEASANCE IN THE MANAGEMENT OF THE RENSSELAER COUNTY DEPARTMENT OF HEALTH

In some cases, plans were improperly approved/signed by the Public Health Director (REPUBLICAN Kenneth Van Praag) without input from a Professional Engineer.

Time extensions for approval of plans were also approved by the Public Health Director without input from a Professional Engineer.

- Taken from page 93 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

And so that the point is properly made .....

These "violations" are violations of law .....

Which makes them crimes .....

In the case of this "inappropriate alteration of County Health Department  approval" ....

A felony in the State of New York .....

As was each instance in which REPUBLICAN Rensselaer County Public Health Director Kenneth Van Praag signed off on a set of subdivision plans as a licensed professional engineer .....

And in answer to a question concerning the outcome of this referral to the Office of Professional Discipline of the New York State Department of Education ...

And the Rensselaer County District Attorney's Office .....

The answer is ...

That the investigation was buried .....

And the Associate Public Health Engineer .....

Was prosecuted instead .....

By the Office of the Rensselaer County District Attorny .....

After being run down on Liberty Lane in the Town of Poestenkill ....

On December 29, 1989 .....

And so .....

APRIL 11, 1989

THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER, UNDER OATH IN A PUBLIC SETTING PRESIDED OVER BY THE "EYES-AND-EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO, STANDS BEFORE THE CANDID WORLD, TO INCLUDE THE FBI, AND THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK, TO ANSWER THE FALSE AND SPECIOUS CHARGES THAT RENSSELAER COUNTY HAS LODGED AGAINST HIM IN THE PERFORMANCE OF HIS DUTIES AS RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER BETWEEN JUNE OF 1986 and OCTOBER OF 1988 ......

ENGINEER: I think ....

That I made it clear ...

To many individuals ....

To include Mr. Buono ....

THAT I WOULD NOT PARTICIPATE ....

IN ACTIVITIES .....

THAT I FELT ...

TO BE OUTSIDE ....

THE BOUNDS ....

OF MY PROFESSIONAL CONDUCT .....

OFFICE OF THE PROFESSIONS - NEW YORK STATE DEPARTMENT OF EDUCATION

http://www.op.nysed.gov

Deputy Commissioner Johanna Duncan-Poitier leads the Office.

Professional Discipline

Investigates and prosecutes professional misconduct and unlicensed practice throughout New York State

Maintains a hotline for reporting professional misconduct and unlicensed practice

These are among the many services offered by the Office of the Professions to protect the public and the integrity of the professions.

For more information, contact the Office of the Professions by phone at 518-474-3817 or by e-mail to op4info@mail.nysed.gov.

FEDERAL BUREAU OF INVESTIGATION FD-302

Date of transcription 3/27/89

In addition to these violations, [DELETED BY FBI CENSORS] advised that Kenneth Van Praag, who is not an engineer, approved plans, which is in violation of state and county regulations.

Specifically, Van Praag approved 14 lots in the White Silo development.

The plans for this development were dated January 5, 1979, and were signed by [DELETED BY FBI CENSORS] on April 7, 1981.

On April 7, 1986, Van Praag signed another set of plans for the same development, although he is not qualified to do so.

According to [DELETED BY FBI CENSORS], these are violations of laws promulgated by the New York State Education Department, which licenses engineers and surveyors.

- From page 192 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

[Livyjr]

ENGINEER: And I feel that at any time ....

Anybody calls into question ....

My conduct as an engineer ...

They have the right ...

To immediate investigation ....

By the Office of Professional Discipline (of the New York State Department of Education) ....

The Office of Professional Discipline ...

Has conducted an investigation ...

Into certain of my activities ....

And I feel in the future ...

If my activities are in fact questionable ....

The Office of Professional Discipline ...

Will come back ....

So ...

UNITED STATES DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

MEMORANDUM

DATE: 2/22/89

TO: SAC, ALBANY

SUBJECT: ALLEGATIONS OF CORRUPTION IN RENSSELAER COUNTY GOVERNMENT RELATING TO LAND DEVELOPMENT

On December 28, 1987, PLAINTIFF was called to a meeting [DELETED BY FBI CENSORS] which was held in the Legislative Conference Room on the third floor of the County Office Building at 5:00 p.m.

At this meeting were Rensselaer County Legislators [DELETED BY FBI CENSORS] ....

PLAINTIFF advised that there then followed from 5:00 p.m. till 7:00 p.m. a "kangaroo court" of which PLAINTIFF was the subject or victim.

PLAINTIFF was accused of "creating a huge mess in Rensselaer County by jamming up development".

PLAINTIFF advised that [DELETED BY FBI CENSORS} gave testimony during this meeting which PLAINTIFF described as "total fabrication" which implied that PLAINTIFF was trying to "entrap" [DELETED BY FBI CENSORS].

Legislators [DELETED BY FBI CENSORS] that they wanted "this" resolved within the week and told Rensselaer County Public Health Director Kenneth Van Praag to get PLAINTIFF "under control".

PLAINTIFF's position was that land being sold by AVMH was not recorded and further that the land was "swamp land".

PLAINTIFF advised that the land was "under water" and "not developable".

PLAINTIFF advised that it was his opinion that the AVMH Development Corporation project in Spruce Run Subdivision was a "scam" and advised those present in this "kangaroo court" of that opinion.

According to PLAINTIFF, he "represented" that the County Health Department would not approve or certify AVMH's land for development or resale.

PLAINTIFF advised that AVMH does not build houses, it merely sells land.

NEXT, ACCORDING TO PLAINTIFF, [DELETED BY FBI CENSORS] MADE A COMPLAINT TO THE NEW YORK STATE HEALTH DEPARTMENT CONCERNING PLAINTIFF AND ALSO MADE A COMPLAINT TO THE OFFICE OF PROFESSIONAL DISCIPLINE, NEW YORK STATE EDUCATION DEPARTMENT CLAIMING THAT PLAINTIFF HAD EXTORTED HIM [DELETED BY FBI CENSORS] ....

According to PLAINTIFF, the State Health Department launched an investigation during which PLAINTIFF took a State Health Department Investigator out into the field and showed him [DELETED BY FBI CENSORS] land.

ALSO, AN INVESTIGATOR FROM THE STATE EDUCATION DEPARTMENT CAME OVER TO RENSSELAER COUNTY AND REVIEWED PLAINTIFF'S FILES.

According to PLAINTIFF, he was totally exonerated and the state agencies investigating him condemned the county's "previous way of doing business."

- From pages 150,151 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

[Livyjr]

UNITED STATES DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

MEMORANDUM

DATE: 2/22/89

TO: SAC, ALBANY

SUBJECT: ALLEGATIONS OF CORRUPTION IN RENSSELAER COUNTY GOVERNMENT RELATING TO LAND DEVELOPMENT

NEXT, ACCORDING TO PLAINTIFF, [DELETED BY FBI CENSORS] MADE A COMPLAINT TO THE NEW YORK STATE HEALTH DEPARTMENT CONCERNING PLAINTIFF AND ALSO MADE A COMPLAINT TO THE OFFICE OF PROFESSIONAL DISCIPLINE, NEW YORK STATE EDUCATION DEPARTMENT CLAIMING THAT PLAINTIFF HAD EXTORTED HIM [DELETED BY FBI CENSORS] ....

According to PLAINTIFF, the State Health Department launched an investigation during which PLAINTIFF took a State Health Department Investigator out into the field and showed him [DELETED BY FBI CENSORS] land.

ALSO, AN INVESTIGATOR FROM THE STATE EDUCATION DEPARTMENT CAME OVER TO RENSSELAER COUNTY AND REVIEWED PLAINTIFF'S FILES.

According to PLAINTIFF, he was totally exonerated and the state agencies investigating him condemned the county's "previous way of doing business."

- From pages 150,151 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

And for anyone just stopping by for the first time .....

Wondering what we are talking about in here .....

What I would say ....

Is that we are looking at ...

The ANATOMY of a COVER-UP .....

Of on-going corruption .....

In the County of Rensselaer ...

In the State of New York ....

Where one man ...

An engineer ....

Was crushed ....

Because he would not bow ....

To those "forces of corruption" .....

That his licensing as a professional engineer ...

In the State of New York ...

Required him ...

To not only resist ...

But further ...

To report to the Office of Professional Discipline ...

Of the New York State Department of Education ...

Pursuant to § 29.3 of the Rules of the New York State Board of Regents as those rules apply specifically to the "design professions" in the State of New York, to include engineers and land surveyors ....

Unprofessional conduct shall also include, in the professions of architecture and landscape architecture, engineering and land surveying, being associated in a professional capacity with any project or practice known to the licensee to be fraudulent or dishonest in character, or not reporting knowledge of such fraudulence or dishonesty to the Education Department ....

When the PLAINTIFF in this case attempted to comply with this regulation governing his conduct as a licensed professional engineer in the State of New York back in 1988 ....

He was "chopped down" ....

And hard ...

And the Office of Professional Discipline ....

Of the New York State Department of Education ....

Simply turned its back on PLAINTIFF ...

And ignored the evidence forwarded to it by Dr. David Axelrod, the New York State Health Commissioner ....

Evidence of wilful violation of the New York State Education law ...

And Rules of the Board of Regents as well ....

Because of POLITICS ....

And PROTECTION ....

For the Office of Professional Discipline ....

Of the New York State Department of Education ....

Is first and foremost .....

A "politically-controlled" agency ....

And so ...

It knows to not bite the hand that feeds it ....

And so ....

When evidence of corruption in the REPUBLICAN-controlled Rensselaer County Department of Health was brought before it in 1989 ....

As a "FAVOR" to the REPUBLICAN PARTY ...

The Office of Professional Discipline ....

Buried that evidence .....

And when the PLAINTIFF attempted once more in 2001 to come forward with evidence of an ON-GOING COURSE OF CONDUCT in Rensselaer County involving licensed professionals ....

PLAINTIFF was once again "CHOPPED DOWN" .....

Only this time ...

Harder than before ....

With the "PSYCHIATRIC TAKEDOWN" ....

Where a false report by a CORPORATE MEDICAL DOCTOR, in violation of the Rules of the Board of Regents, caused PLAINTIFF to become "LISTED" in the State of New York, and the United States as well ....

As an alleged dangerous mental patient ....

Despite there not being one shred of evidence ...

To support this blatant falsehood ....

And despite the fact ....

That the CORPORATE DOCTOR, John Christian Braaten of Northeast Health, Inc. ...

And Samaritan Hospital ...

In Troy, New York ...

Never once laid eyes on PLAINTIFF before making and filing this false report ....

Nor did Braaten ever examine PLAINTIFF ...

As the laws of the State of New York require ...

And so ...

§ 29.1 General provisions.

a. Unprofessional conduct shall be the conduct prohibited by this section. The provisions of these rules applicable to a particular profession may define additional acts or omissions as unprofessional conduct and may establish exceptions to these general prohibitions.

b. Unprofessional conduct in the practice of any profession licensed, certified or registered pursuant to title VIII of the Education Law, except for cases involving those professions licensed, certified or registered pursuant to the provisions of Article 131 or 131-B of such law in which a statement of charges of professional misconduct was not served on or before July 26, 1991, the effective date of Chapter 606 of the Laws of 1991, shall include:

1. willful or grossly negligent failure to comply with substantial provisions of Federal, State or local laws, rules or regulations governing the practice of the profession;

5. conduct in the practice of a profession which evidences moral unfitness to practice the profession;

6. willfully making or filing a false report, or failing to file a report required by law or by the Education Department, or willfully impeding or obstructing such filing, or inducing another person to do so;

10. delegating professional responsibilities to a person when the licensee delegating such responsibilities knows or has reason to know that such person is not qualified, by training, by experience or by licensure, to perform them;

§ 29.2 General provisions for health professions.

Unprofessional conduct shall also include, in the professions of medicine, except for cases involving those professions licensed, certified or registered pursuant to the provisions of Article 131 or 131-B of the Education Law in which a statement of charges of professional misconduct was not served on or before July 26, 1991, the effective date of Chapter 606 of the Laws of 1991:

3. failing to maintain a record for each patient which accurately reflects the evaluation and treatment of the patient. Unless otherwise provided by law, all patient records must be retained for at least six years. Obstetrical records and records of minor patients must be retained for at least six years, and until one year after the minor patient reaches the age of 21 years;

7. ordering of excessive tests, treatment, or use of treatment facilities not warranted by the condition of the patient .....

[Livyjr]

The story is how did Chris Kapostacey-Jansing get REPUBLICAN Rensselaer County Executive John L. Buono to openly discuss what was in reality a BRIBE offered to him by a group of land developers in Rensselaer County in early-1988 .....

And that answer brings us to one of the more interesting documents in the lengthy FBI file concerning this matter back in 1989 .....

And that document is a transcript of the MINUTES of a CONFERENCE between the RENSSELAER COUNTY DEVELOPMENT COUNCIL and the NEW YORK STATE DEPARTMENT OF HEALTH, DIVISION OF ENVIRONMENTAL PROTECTION, held at the offices of the Department, 2 University Place, Albany, New York, on Tuesday, March 1, 1988, commencing at 1 PM and stenographically reported by Mary Lomonoco, Shorthand Reporter and Notary Public in and for the State of New York.

In attendance at this meeting, according to this document in the FBI files, were as follows:

Dr. Leo Hetling, Director, and James "Mr. Jimmy D." Decker of the Division of Environmental Protection of the New York State Department of Health; Steven Anderson and Fred Nero of Mountain Meadow Properties; Rod Michael of the Eastern New York Society of Land Surveyors; Kevin Brady of the Rensselaer County Regional Chamber of Commerce; Douglas Clark of Clark Engineering; George Duggan of Best Building; Richard Melius of the Rensselaer County Development Council, and Victor Gush and Jack Leonard, land developers.

And how this TRANSCRIPT came to be in the possession of the FBI is as follows:

This TRANSCRIPT was "made public" in a matter of speaking by this RENSSELAER COUNTY DEVELOPMENT COUNCIL at a "closed door meeting" on the fifth floor of the Rensselaer County Office Building shortly after that CONFERENCE was held, and an "AGREEMENT OF SORTS" was reached with the New York State Department of Health concerning "OVERSIGHT" of the Rensselaer County Department of Health .....

And that agreement was that the New York State Department of Health would turn its back ...

IF the RENSSELAER COUNTY DEVELOPMENT COUNCIL could get Buono to "GET RID OF" the Rensselaer County Associate Public Health Engineer ......

So as to "unplug" their "pipeline" into the Rensselaer County Department of Health for rapid "approvals" of their "subdivisions" so they could then sell lots as "HEALTH-DEPARTMENT APPROVED" ...

When in fact, that was anything but the case .....

A FRAUD, in fact, that was being perpetrated on the public in Rensselaer County on a regular basis ......

But who cares about them, eh?

CAVEAT EMPTOR ......

As the lawyers like "Big BOB" Smith like to say ...

And so .....

The "State Health Department" agreed to turn its back ....

BUT ...

"Big BOB"" Smith, the REPUBLICAN lawyer for Rensselaer County ...

HE WANTED PROOF ......

IF, in his words as I recall them, Rensselaer County was going to be putting itself out on a limb with respect to violating the law, it wanted proof positive that the STATE was not going to come back around afterwards and chop it off ......

And so .....

The TRANSCRIPT ......

Signed by a NOTARY PUBLIC and certified as accurate ......

Placed in "Big BOB's"  hands .....

By the RENSSELAER COUNTY DEVELOPMENT COUNCIL .....

As PROOF that the CONFERENCE with the State Health Department had in fact taken place ...

And so ....

The State Health Department was "in their pocket" .....

And as proof of that besides the TRANSCRIPT .....

They also had at that meeting with Buono and Smith, "Mr. Jimmy D." himself .....

Representing the "interests" of the New York State Department of Health at that meeting between the developers and Buono and Smith .....

Where the $80,000 BRIBE was openly offered to Buono .....

If he would "get rid of" the Rensselaer County Associate Public Health Engineer .....

And it was just a matter of logistics, after that .....

MAY 25, 1989

"I cannot in good conscience condone the conduct of an employee who consistently stated that he worked for the State of New York, rather than Rensselaer County ....."

- REPUBLICAN Rensselaer County Executive John L. Buono, explaining to the candid world why the Rensselaer County Associate Public Health Engineer could no longer practice as a New York State licensed professional engineer in Rensselaer County in the State of New York

What I would say ....

Is that we are looking at ...

The ANATOMY of a COVER-UP .....

Of on-going corruption .....

In the County of Rensselaer ...

In the State of New York ....

Where one man ...

An engineer ....

Was crushed ....

Because he would not bow ....

To those "forces of corruption" .....

That his licensing as a professional engineer ...

In the State of New York ...

Required him ...

To not only resist ...

But further ...

To report to the Office of Professional Discipline ...

Of the New York State Department of Education ...

Pursuant to § 29.3 of the Rules of the New York State Board of Regents as those rules apply specifically to the "design professions" in the State of New York, to include engineers and land surveyors ....

Unprofessional conduct shall also include, in the professions of architecture and landscape architecture, engineering and land surveying, being associated in a professional capacity with any project or practice known to the licensee to be fraudulent or dishonest in character, or not reporting knowledge of such fraudulence or dishonesty to the Education Department ....

APRIL 11, 1989

THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER, UNDER OATH IN A PUBLIC SETTING PRESIDED OVER BY REPUBLICAN LAWYER, PHILIP LANCE, ESQUIRE, THE "EYES-AND-EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO, STANDS BEFORE THE CANDID WORLD, TO INCLUDE THE FBI, AND THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK, TO ANSWER THE FALSE AND SPECIOUS CHARGES THAT RENSSELAER COUNTY HAS LODGED AGAINST HIM IN THE PERFORMANCE OF HIS DUTIES AS RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER BETWEEN JUNE OF 1986 and OCTOBER OF 1988 ......

ENGINEER: I told Mr. Buono that specifically .....

The ISSUE ....

And I went into ....

I said that my conduct overall is governed by Part 29 ....

Of the Codes of the Education Department ....

But the issue here specifcally ....

Had to do with Section 29.(b)(6) ....

And that is willfully making or filing a false report ....

Or ...

Failing to file a report required by law ....

Or required by the Education Department ....

In my duties as the Environmental Health Director for Rensselaer County ....

I serve at least two masters ....

I certainly was administratively responsible to the ...

I guess you would call them ...

The civil authorities of the County of Rensselaer ....

I also had a responsibility .....

Because of the Public Health Law ....

To a Mr. James Decker, professional engineer ....

Who served as the regional engineer ....

And he answered to Dr. Ian Loudon ....

And Dr. Ian Loudon answered to Dr. David Axelrod .....

[Livyjr]

U.S. DEPARTMENT OF JUSTICE - FEDERAL BUREAU OF INVESTIGATION

JUNE 30, 1989

PLAINTIFF stated that he was told by Rensselaer County Public Health Director Kenneth Van Praag on October 12, 1988 that he, (PLAINTIFF) had "upset some of the most powerful men in Rensselaer County" and that Van Praag could no longer "protect" PLAINTIFF.

- EXCERPT from pages 202,203 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

MARCH 15, 1989

DIRECT EXAMINATION OF REPUBLICAN RENSSELAER COUNTY PUBLIC HEALTH DIRECTOR KENNETH VAN PRAAG BY REPUBLICAN DEPUTY RENSSELAER COUNTY ATTORNEY GORDON MAYO, ESQUIRE, BEFORE THE "EYES AND EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO AS TO WHY THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER HAD BEEN LOCKED OUT OF THE RENSSELAER COUNTY OFFICE BUILDING ON OCTOBER 12, 1988 .....

MAYO: WHAT FINALLY CAUSED YOU TO INSTIGATE THIS DISCIPLINARY PROCEEDING AGAINST PLAINTIFF?

VAN PRAAG: Well .....

I had been supportive of PLAINTIFF .....

Before many people ...

Many times ....

And it was the October 6 meeting of the Ad Hoc Committee of Engineers ....

That triggered my going to the County Executive .....

And saying that I could not ....

Support him any more ....

In his position .....

MAYO: DO YOU THINK IT WOULD BE POSSIBLE TO WORK WITH PLAINTIFF, IF IN FACT, HE CAME BACK TO WORK FOR THE RENSSELAER COUNTY HEALTH DEPARTMENT?

VAN PRAAG: I DO NOT ...

And for anyone just stopping by for the first time .....

Wondering what we are talking about in here .....

What I would say ....

Is that we are looking at ...

The ANATOMY of a COVER-UP .....

And so ...

APRIL 11, 1989

THE RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER, UNDER OATH IN A PUBLIC SETTING PRESIDED OVER BY REPUBLICAN LAWYER, PHILIP LANCE, ESQUIRE, THE "EYES-AND-EARS" OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO, STANDS BEFORE THE CANDID WORLD, TO INCLUDE THE FBI, AND THE OFFICE OF THE UNITED STATES ATTORNEY FOR THE NORTHERN DISTRICT OF NEW YORK, TO ANSWER THE FALSE AND SPECIOUS CHARGES THAT RENSSELAER COUNTY HAS LODGED AGAINST HIM IN THE PERFORMANCE OF HIS DUTIES AS RENSSELAER COUNTY ASSOCIATE PUBLIC HEALTH ENGINEER BETWEEN JUNE OF 1986 and OCTOBER OF 1988 ......

ENGINEER: I also had a responsibility .....

Because of the Public Health Law ....

To a Mr. James Decker, professional engineer ....

Who served as the regional engineer ....

And he answered to Dr. Ian Loudon ....

And Dr. Ian Loudon answered to Dr. David Axelrod .....

October 13, 1988

Dr. Ian T. Loudon, M.D.
Regional Health Director
State of New York Department of Health
Albany Regional Office
Building 7A
State Office Building Campus
Albany, New York 12226

Dear Dr. Loudon,

As of October 13, 1988, our Director of Environmental Health/Associate Public Health Engineer has been placed on a paid leave of absence status for thirty working days.

A copy of my memorandum to the County Executive on this matter, which cites contributing factors, is attached hereto.

Although there are other options available for dealing with this issue, I HAVE HOPES THAT THE LEAST PAINFUL AND MOST HUMANITARIAN APPROACH HAS BEEN INITIALLY TAKEN.

WHETHER PLAINTIFF SEES IT THAT WAY OR NOT, I CAN'T SAY.

Kenneth Van Praag
Rensselaer County Public Health Director

[Livyjr]

October 13, 1988

Dr. Ian T. Loudon, M.D.
Regional Health Director
State of New York Department of Health
Albany Regional Office
Building 7A
State Office Building Campus
Albany, New York 12226

Dear Dr. Loudon,

Although there are other options available for dealing with this issue .....

I HAVE HOPES ....

THAT THE LEAST PAINFUL .....

AND MOST HUMANITARIAN APPROACH .....

HAS BEEN INITIALLY TAKEN.

WHETHER PLAINTIFF SEES IT THAT WAY OR NOT, I CAN'T SAY.

Kenneth Van Praag
Rensselaer County Public Health Director

And what we are really talking about in here ...

Is that thing called "Constitutional Protection" ....

"Due process of law" .....

Which ...

IS A FARCE .....

At least up here in the corrupt State of New York, anyway ....

Where a public health director in a county health department in Rensselaer County in the State of New York ....

Can openly inform a medical doctor ....

Who is also the REGIONAL HEALTH DIRECTOR for that area of the State of New York which includes Rensselaer County ....

AND ITS RESIDENTS, who are us .....

THAT TO RESTORE CORRUPTION IN THE RENSSELAER COUNTY DEPARTMENT OF HEALTH ...

After PLAINTIFF'S futile efforts to eradicate it ...

That PLAINTIFF was going to be hurt ....

And perhaps seriously so ....

If he would not immediately resign ....

And leave Rensselaer County .....

After first turning over all of his evidence of corruption in Rensselaer County ....

To Robert A. "Big BOB" Smith, the REPUBLICAN Rensselaer County Attorney ....

So that evidence could be properly destroyed .....

"EVERYBODY HAS A PRICE, AND EVERYONE HAS A LIMIT ...."

"If we can't agree on the first, we'll take you to the second, and so ...."

That is the essence of the "negotiations" that took place here between the PLAINTIFF and the County of Rensselaer in this matter ...

Back in 1988 .....

And despite the fact that it happened right out in plain sight ....

As is evidenced by this October 13, 1988 letter from REPUBLICAN Rensselaer County Public Health Director Kenneth Van Praag to New York State Regional Public Health Director Dr. Ian Loudon .....

Not a peep was raised .....

By the New York State Department of Health ....

Which was controlled by the REPUBLICAN PARTY through its Office of Counsel .....

Or the Office of Professional Discipline .....

Of the New York State Department of Education ...

Or the Office of the New York State Attorney General .....

Or the Federal Bureau of Investigation ...

Of the United States Department of alleged Justice ...

For somebody, perhaps ...

But surely not the honest folks of the State of New York ...

Who just happen to reside in the County of Rensselaer ...

Who wish for integrity in OUR government ....

In accordance with the provisions ...

Of OUR state Constitution ....

And to make the point clear ....

The person who Kenneth Van Praag is discussing in that October 13, 1988 letter to Dr. Ian Loudon of the New York State Department of Health ....

Is the same individual ....

Who was the victim of the "PSYCHIATRIC TAKEDOWN" on August 22, 2001 .....

When he went back to the Rensselaer County Department of Health ...

AS THE LAW REQUIRES ....

With documentary evidence ....

Of a continuing pattern ....

Of the same type of corruption ....

That was so successfully covered over ...

By Rensselaer County, the State of New York, and the Office of the U.S. Attorney for the Northern District of New York ...

Back in 1989 .....

And so ....

Is the story over?

As for me, I would like to say ....

Not by a long shot ....

BUT ....

The reality is ...

That since these federal court decisions have come out ...

CONDEMNING THE PLAINTIFF AND ANYONE WHO IS SEEN OPENLY ASSOCIATING WITH HIM TO A LIFE OF HARDSHIP AND DURESS WITH NO HOPE OF PROTECTION COMING FROM "THE GOVERNMENT", OR THE COURTS .......

That in essence, DISSENT is really quite dead up here ...

With respect to people standing up against further government corruption ....

And so ....

[Livyjr]

And as we close in ...

On the rapidly approaching first anniversary ....

Of this latest episiode ....

In this on-going travesty of justice .....

In the County of Rensselaer ....

In the State of New York ....

We have come full circle, literally ....

Back to the original "DIAGNOSIS" of alleged "mental illness" on the part of PLAINTIFF in this matter ....

Which is contained in this official letter above here on October 13, 1988 .....

From REPUBLICAN Rensselaer County Public Health Director Kenneth Van Praag .....

To Dr. Ian Loudon, M.D., the Regional Public Health Director for the Albany Regional Office of the New York State Department of Health ...

To whom PLAINTIFF was answerable to ....

As regards enforcement of the New York State Public Health Law and New York State Sanitary Code ...

In the Rensselaer County Health District ...

Where PLAINTIFF was the associate level public health engineer ....

Responsible for Public Health Law enforcement in Rensselaer County ....

In that October 13, 1988 letter above ...

Van Praag was in fact notifying Dr. Loudon, a medical doctor licensed in the State of New York, that he, Van Praag, had in fact diagnosed PLAINTIFF as suffering from Post Viet Nam Syndrome, which is a totally made-up affliction .....

And that was why PLAINTIFF could no longer serve as associate public health engineer in Rensselaer County ....

And Dr. Loudon never said boo about it ....

To what is considered to be his eternal shame ...

Here in Rensselaer County, anyway ....

Although to be fair to Dr. Loudon ....

He was as powerless to do a thing about what was happening to PLAINTIFF ...

As PLAINTIFF was powerless to stop it from happening ...

And so ...

And in fact ...

If memory serves ...

Dr. Loudon himself was given the "nudge" shortly after this all went down, himself ....

And so ....

As Regional Public Health Director ...

Dr. Loudon was a figure-head ....

Because the real POWER at the New York State Department of Health ...

Was not its Commissioner ....

Nor its Regional Public Health Director ....

But its counsel .....

Who was a REPUBLICAN lawyer ....

From Rensselaer County ....

And so .....

Regardless of what its Regional Public Health Director might have thought about what was happening to PLAINTIFF in Rensselaer County ...

The "DEPARTMENT" ....

Which is to say ....

The COUNSEL for the New York State Department of Health ....

Simply "rubber-stamped" Van Praag's "DIAGNOSIS" of alleged mental illness ....

And PLAINTIFF's name was removed from the rolls of associate level public health engineers certified to practice as such in the State of New York ...

And that was that ...

And a "FALSE PERSONA" for PLAINTIFF in the matter was born ....

Right there in that official record of the New York State Department of Health .....

Where Van Praag notified the New York State Department of Health that falsely and maliciously branding the PLAINTIFF as being mentally ill and dangerous ....

WAS THE LEAST PAINFUL .....

AND MOST HUMANITARIAN APPROACH .....

THAT RENSSELAER COUNTY HAD INITIALLY TAKEN .....

To crush an investigation by PLAINTIFF into misfeasance and malfeasance in the Rensselaer County Department of Health ...

And so ....

Full circle we have come in this matter ....

Where on August 22, 2001 ....

Rensselaer County simply revived Van Praag's bogus diagnosis of POST-VIET NAM SYNDROME .....

And based upon nothing more .....

Dr. John Christian Braaten, A CORPORATE DOCTOR with Northeast Health, Inc., in Troy, New York .....

Unlawfully issued the bogus New York State Mental Hygiene Law 9.45 order at issue herein ...

Wherein Braaten falsely certified to the Office of the United States Attorney for the Northern District of New York that he had conducted an examination of PLAINTIFF ....

And had found PLAINTIFF to be mentally ill and dangerous ...

So that PLAINTIFF could then be taken into custody at the Stratton VA Hospital in Albany, New York .....

For transport back to the secure mental health facility of Northeast Health, Inc. at the Samaritan Hospital in Troy, New York ....

Where PLAINTIFF was to be incarcerated and medicated against his will ...

Despite having nothing wrong with him to merit such treatment ....

And so .....

The story has now been told ....

From its start ....

To where it is now ...

For it is not yet finished ...

Not by a long-shot .....

And so ....

[Livyjr]

"Hey, Counselor, why the long face?"

"Ah, I drew 'TEN GRAND TOMMY' Spargo for my client's case, and he don't have the TEN GRAND to pony up for Tommy's 'till', so it looks like I'm going to lose this one, big time!"

"Well, you're still getting your fee, right?"

"Hey, yeah, that's right; thanks for getting me to look at the bright side here, say, got time for a drink?"

"State takes look at judge - Claims against Albany County Surrogate Cathryn Doyle appear to stem from case of state Supreme Court justice accused of shaking down lawyers" 
 
By MICHELE MORGAN BOLTON, Staff writer, Albany, New York Times Union
First published: Friday, August 12, 2005

ALBANY -- The state Commission on Judicial Conduct is investigating Albany County Surrogate's Court Judge Cathryn Doyle, according to a lawyer who has been subpoenaed to testify in the secret probe.

Although specifics of the allegations against Doyle are unclear, the charges apparently arose from an ongoing proceeding the commission is conducting against state Supreme Court Justice Thomas Spargo.

Spargo, the former Berne town justice, is accused of shaking down a number of Ulster County attorneys with cases pending before him to contribute $10,000 each to his defense fund.

The commission has been looking into five other claims that accuse Spargo, an outspoken Republican jurist, of violating the state judicial code of conduct both on the bench and while campaigning for it in 1999 and 2001.

Doyle, a Democrat, was named in previous court papers as having attended at least one luncheon in 2003 where Spargo is accused of trying to hit the lawyers up for money.

Court papers have described Doyle as a "close, personal friend" of Spargo.

Doyle, who is president-elect of the Albany County Bar Association, was elected to the bench that handles adoptions, wills and probate in 2001, after serving for two decades as chief clerk to former Albany County Surrogate Raymond A. Marinelli.

She is paid $119,800 annually.

And as we close in ...

On the rapidly approaching first anniversary ....

Of this latest episiode ....

In this on-going travesty of justice .....

In the County of Rensselaer ....

In the State of New York ....

We have come full circle, literally ....

Some things, however ...

Do end well ....

As this following story demonstrates ....

"Spargo loses fight for job - Outspoken Republican judge isn't expected to challenge decision recommending his removal; misconduct includes soliciting lawyers for money"

By MICHELE MORGAN BOLTON, Staff writer, Albany, New York Times Union

First published: Saturday, April 1, 2006

ALBANY -- Justice Thomas J. Spargo was hearing cases Friday when his secretary entered the courtroom with a note.

The state Supreme Court justice read it and adjourned the proceedings.

"I've just been removed from the bench," he said.

"I have to go."

The state Commission on Judicial Conduct decided that Spargo, 63, should be removed from his $136,700 office, saying the drastic sanction is employed in only the most egregious circumstances to "remove a stain on the judiciary."

"By engaging in a series of acts that conveyed an appearance of 'exploiting his judicial office for personal benefit,' the respondent diminished public confidence in the integrity of the judiciary as a whole and has irretrievably damaged his usefulness on the bench."

The watchdog panel criticized Spargo for handing out $2,000 in coupons for gas and coffee and buying drinks for voters in his successful Republican campaign for Berne town justice in 1999.

Until then, Spargo was best known as one of the state's leading election law experts who handled major Republican ballot controversies.

It was allegations of misconduct in the local judgeship race that triggered the commission's probe.

The panel also found he paid a Rensselaer County Independence Party head and an Albany County Democrat $5,000 to cross-endorse him at the 2001 Supreme Court nominating conventions.

Robert Tembeckjian, the commission's administrator, linked Spargo's removal, primarily, to his pressuring lawyers with cases before him to contribute $10,000 in 2003 to his defense fund.

He needed the money after running up $140,000 in bills with Albany attorney David Kunz.

"Ironically, the judge's misconduct that grew out of his effort to solicit money for his lawyers was far more serious than the original complaint against him," Tembeckjian said.

Seeking money for personal benefit "is as egregious an act of misconduct as there is," he said.

"That really goes to the essence of the impartiality and independence of the judiciary."

Allegations of impropriety involving Spargo's participation in a GOP demonstration in 2000 during the Bush/Gore vote recount in Florida were dropped.

Spargo declined to comment on his removal.

He has until April 14 to appeal, "but at this point he isn't leaning that way," said E. Stewart Jones, his attorney.

Without an appeal, the Court of Appeals, New York's highest court, will officially remove him after 30 days.

The commission's proceedings are closed unless judges under investigation waive the rule, but the panel's report is made public when there are sanctions.

Spargo took his case to federal court in 2004.

He had a fleeting victory when U.S. District Judge David N. Hurd said several state rules at the basis of the commission's charges restricted his First Amendment right to free speech.

But the 2nd U.S. Circuit Court of Appeals in Manhattan overruled Hurd.

This was not the first time Spargo came under a state commission's scrutiny.

In 1990, he appeared before the Commission on Government Integrity, accused of funneling $750,000 into a Poughkeepsie Town Board race to elect candidates who would support a mall the Pyramid Co. wanted to build in the 1980s.

Spargo invoked his Fifth Amendment right against self-incrimination 19 times.

He denied wrongdoing, and the probe was closed after he resigned as counsel to the state GOP.

This time, the judicial commission voted 10-0 to strip him of his office.

A colleague in the Third Judicial Department who also serves on the commission, Appellate Division Justice Karen Peters, did not vote.

Another member, Manhattan lawyer Richard D. Emery, wrote an opinion concurring with the removal decision but criticizing the system by which New York's Supreme Court judges are elected.

Albany attorney Stephen R. Coffey, a member, agreed.

The rules regulating judicial campaigns "a patchwork of compromises and ad hoc judgments which fail to address the central causes of the unseemliness of judicial campaigns: party control and the candidate's need to raise money," Emery wrote.

"We allow our judicial elective system to metastasize the appearance of judgeships for sale and judgeships under party control by obliviously punishing penny ante partisan and financial campaign activities."

Reform is in the offing, he said, pointing to a recent state report suggesting broad changes to the process.

Spargo's lesser infractions warranted no more than a slap on the wrist, Emery said.

But, he wrote, "His tragic over zealousness can only be characterized as a self-inflicted wound."

During a Feb. 2 oral argument before the commission, Spargo himself said, "I'm trusting that you don't find that I solicited money," according to the report.

"Frankly, if you find that, you must remove me."

Jones said Spargo is a great and considerate judge, who also is the state's best election lawyer, and, "He won't allow this to limit him."

"It's not how he will be remembered."

Ulster County lawyer Bruce Blatchly was one of several attorneys who told the commission that Spargo personally pressured him for cash in three separate incidents in 2003.

He asked for the money from lawyers in his Ulster County chambers or at La Canard, a Kingston restaurant, during two months of fund-raising, according to court papers previously made public.

Blatchly, who also is a Gardiner town justice, had about 20 adoption cases in Spargo's court.

On Dec. 19, 2003, he was meeting with Spargo when he commented that Albany County Surrogate's Court Judge Cathryn Doyle had been reassigned to handle the lawyer's pending personal divorce case.

Blatchly said that comment was a not-so-subtle push to write a large check.

But he didn't.

On Friday, Blatchly said he reported Spargo because "We all have to answer to our parents, our children and ourselves."

Last summer, Blatchly said he was questioned by the commission about Doyle, a Democrat, for her alleged role in the lawyer shakedown.

Court papers in the commission's inquiry of Spargo described her as a "close personal friend" of his who attended at least one luncheon in 2003 where the embattled judge made his pitch for money.

As he left the courthouse with Doyle for a regular Friday lunch at Lombardo's, Spargo was chipper.

"I am going to have a great afternoon," he said, over his shoulder, as he loped down Eagle Street.

"Everything is going to work out.

[Livyjr]

October 13, 1988

Dr. Ian T. Loudon, M.D.
Regional Health Director
State of New York Department of Health
Albany Regional Office
Building 7A
State Office Building Campus
Albany, New York 12226

Dear Dr. Loudon,

As of October 13, 1988, our Director of Environmental Health/Associate Public Health Engineer has been placed on a paid leave of absence status for thirty working days.

A copy of my memorandum to the County Executive on this matter, which cites contributing factors, is attached hereto.

Although there are other options available for dealing with this issue ....

I HAVE HOPES ...

THAT THE LEAST PAINFUL AND MOST HUMANITARIAN APPROACH .....

HAS BEEN INITIALLY TAKEN.

WHETHER PLAINTIFF SEES IT THAT WAY OR NOT, I CAN'T SAY.

Kenneth Van Praag
Rensselaer County Public Health Director

And of course ...

These statements above here by Rensselaer County Public Health Director Kenneth Van Praag to New York State Regional Health Director Dr. Ian Loudon, M.D. about the "least painful and most humanitarian approach" Rensselaer County took towards the PLAINTIFF on October 12, 1988 .....

Beg the obvious question ...

As to what some of the MORE PAINFUL AND LESS HUMANITARIAN APPROACHES Rensselaer County has in its "ARSENAL OF INTIMIDATION" just might be ....

And whether Van Praag and Dr. Loudon, or Dr. David Axelrod, the New York State Health Commissioner at that time, might have discussed those MORE PAINFUL AND LESS HUMANITARIAN APPROACHES in any detail at all ....

As Van Praag, REPUBLICAN Rensselaer County Executive John L. Buono and REPUBLICAN Rensselaer County Attorney Robert A. "Big BOB" Smith discussed them ...

Before Buono elected to go on TV Channel 13 out of Menands, New York on October 12, 1988 ...

With what Van Praag informed the New York State Department of Health was Rensselaer County's LEAST PAINFUL AND MOST HUMANITARIAN APPROACH of falsely and maliciously branding the PLAINTIFF, a New York State licensed professional engineer ....

As being mentally ill ...

And dangerous ....

Which of course ....

Destroyed PLAINTIFF's career .....

For what value does a mentally ill licensed professional engineer have in OUR society today?

And how does someone falsely branded in such a public manner defend themselves?

Especially when access to the media is so completely one-sided as it was in this case .....

Where TV Channel 13 used footage of the PLAINTIFF in a "splice job" intended to give Buono a segue into his televised assault on PLAINTIFF's character and professional reputation ....

And then would not allow PLAINTIFF any time to clarify or rebut Buono's false assertions .....

And what we have been discussing in here ...

Over this last year ....

Is one of the MORE PAINFUL AND DEFINITELY LESS HUMANITARIAN APPROACHES ......

That Rensselaer County in the State of New York has in its federally-sanctioned ARSENAL OF INTIMIDATION ....

The "PSYCHIATRIC TAKEDOWN" it is called ....

Where Rensselaer County escalates the level of intimidation ....

By having a CORPORATE DOCTOR issue a psychiatric arrest warrant

That results in the New York State Police taking the VICTIM into custody ...

At gun-point ....

In FOUR-POINT RESTRAINTS .....

For transport to the secure mental health facility of Samaritan Hospital in Troy, New York ....

And had Rensselaer County been successful on August 22, 2001 .....

Likely, there wouldn't have been a story to tell in here ....

Because by the time he got out of the secure mental health facility at Samaritan Hospital in Troy, New York ...

The PLAINTIFF would have been lucky ...

To be only cross-eyed and drooling ...

And so .....

The MUCH MORE PAINFUL ...

And MUCH LESS HUMANITARIAN APPROACH .....

Of Rensselaer County in the State of New York emerges ....

For all the candid world to see ....

And so ....

[Livyjr]

October 13, 1988

Dr. Ian T. Loudon, M.D.
Regional Health Director
State of New York Department of Health
Albany Regional Office
Building 7A
State Office Building Campus
Albany, New York 12226

Dear Dr. Loudon,

I HAVE HOPES THAT THE LEAST PAINFUL AND MOST HUMANITARIAN APPROACH HAS BEEN INITIALLY TAKEN.

WHETHER PLAINTIFF SEES IT THAT WAY OR NOT, I CAN'T SAY.

Kenneth Van Praag
Rensselaer County Public Health Director

And here a question has come in concerning this statement above here by Mr. Van Praag to Dr. Loudon of the New York State Department of Health ....

As to "WHETHER PLAINTIFF SEES IT THAT WAY OR NOT, I CAN'T SAY" ......

What this reader wishes to know ......

Is whether Van Praag had any conversations with the PLAINTIFF about what some of the more painful and less humanitarian approaches that Rensselaer County had in its ARSENAL OF INTIMIDATION to use against PLAINTIFF might have been ....

And that answer is YES .....

Van Praag most certainly did ....

And there is testimony in the record before the REPUBLICAN "EYES-AND-EARS" of REPUBLICAN Rensselaer County Executive John L. Buono from PLAINTIFF as to that conversation ....

Which took place ...

According to official records ...

At about 4:45 P.M. on the afternoon of October 12, 1988 ...

Just about an hour before Buono went on the Christine Kapostacey Jansing Show ...

On TV Channel 13 ....

Broadcasting out of Menands, New York ...

In a premptive strike .....

To announce that ......

PLAINTIFF was mentally ill ...

And dangerous ...

When such was not the case at all ....

Which Buono well knew ...

When he went onto Kapostacey-Jansing's TV show ....

To make his false and slanderous statements .....

About the alleged state of PLAINTIFF's mental capacity ....

To the candid world ....

And the New York State Department of Health ...

And the New York State Attorney General ....

And the Federal Bureau of Investigation ...

Of the United States Department of Justice ....

Which agency had a Special Agent at the specific hearing in Rensselaer County where PLAINTIFF testified as to what Van Praag described to him as some of the MORE PAINFUL AND LESS HUMANITARIAN APPROACHES might be ....

And so ....

[Livyjr]

The POWER of a government to crush dissent .....

That is what we have been exploring in here ...

This last year ....

Since a Bush-appointee federal district court judge in the federal Northern District of New York approved the assault and intimidation of a licensed professional engineer in the County of Rensselaer in the State of New York ...

To prevent that engineer from coming forward with evidence of a continuing course of conduct in the Rensselaer County Department of Health in 2001 ....

That was deemed to be "misfeasance and malfeasance" by the New York State Health Commissioner back in 1989 .....

A "finding" that was the "death blow" to the professional career of the New York State licensed professional engineer ...

Who had originally uncovered evidence of the rampant corruption in the Rensselaer County Department of Health going back to 1979 or so ....

And who had painstakingly documented the course of that corruption ...

For presentation to the PROPER AUTHORITIES .....

And a GRAND JURY ...

Pursuant to the provisions of the New York State Constitution ....

Which should be the organic law of the State of New York ...

But has instead been rendered into a largely meaningless document ....

Or scrap of paper .....

By the federal court decision of March 31, 2005 that we have been discussing in here ....

And so ....

When I started this thread ....

It was with the thought initially ...

Of making this incredible decision known ...

Here in OUR America ...

Since outside of this thread ...

There has not been one peep in any of the news media about what is happening up here ..

And so ....

WHAT WE ALL DON'T KNOW ABOUT ....

WE CAN'T COMMENT ON ...

And so ...

We have the NEWS BLACK-OUT ...

Which serves to keep us all UNINFORMED ....

And so ....

UNINFORMED and TOTALLY IGNORANT are twin brothers ....

Which is inimical to a DEMOCRATIC SOCIETY ....

And so ....

My cure for that ...

In this case ...

Has been this thread ....

And here, the question does come up .....

Has running this thread for the last year done us common citizens any good up here in Rensselaer County?

Or more specifically, has running this thread for the last year done any good at all for the PLAINTIFF in this matter, who like me, is a real, living, breathing human being?

And I would say that there are no real OBJECTIVE ways right now of answering any of that ....

Because while the federal court decision in question in here was issued a little over a year ago now .....

As things legal go .....

That is but the blink of an eye ...

And so .....

It is too early to say ...

What the impact of this thread has been ...

And so .....

On the other hand ...

It was never intended, when I started this thread ...

That some tangible benefit accrue to us up here ...

Because I don't really believe that life operates quite so simply ...

And so ....

The purpose of the thread was really to just inform the rest of the nation ...

And the candid world to be truthful ...

As to what had transpired up here .....

And then ...

As it developed ...

This thread has given me an opportunity ...

To develop the necessary background ...

Or context ...

In which to view this one case .....

And so .....

Where we are right now ...

Just a little over a year later ....

Is at the QUESTION .....

Of just what a "GOVERNMENT" is allowed to do .....

By the federal courts here in OUR America ....

To crush dissent ....

And to punish integrity ....

So as to be able to continue to shield corruption ....

Which benefits the incumbents holding power, here in OUR America ....

As well as providing INCOME to the coffers of the dominant POLITICAL PARTY ....

Which provides America with its federal judges ....

And so .....

WHAT LEVEL OF PAIN SHOULD A LOCAL GOVERNMENT HERE IN OUR AMERICA BE ABLE TO INFLICT UPON A CITIZEN WHO WISHES TO HAVE A GOVERNMENT HERE IN OUR AMERICA THAT IS NOT CORRUPT, SO AS TO INTIMIDATE THAT CITIZEN INTO SUBMISSION, AND THEREBY EXTORT HIS OR HER SILENCE?

AND WHAT ARE SOME OF THE LESS HUMANITARIAN APPROACHES THAT THE FEDERAL COURTS HERE IN OUR AMERICA WILL ALLOW GOVERNMENTAL BODIES LIKE THE STATE OF NEW YORK AND THE COUNTY OF RENSSELAER IN THE STATE OF NEW YORK TO EMPLOY IN CRUSHING DISSENT IN THE BODY POLITIC OF THE STATE?

When I first started this thread ...

I had no real idea of where it was going ...

And I did not know how long interest in the topic would be maintained ...

And so ....

A year ago ...

I did not ....

And could not know ...

That a year later ...

We would still be having this dialogue in here ...

And so .....

What my thoughts right now are ...

Is to keep this discussion alive in here on a day-to-day basis ....

And to see what happens from there ...

And so ...

To all of those people out there in the world who have kept this thread alive through YOUR continued interest ...

I personally would like to thank you for your time ...

And so ....

To me ...

An older American ...

This is the real American DEMOCRACY in action ....

Citizen talking directly to citizen ...

About matters of importance ...

To US, the citizens of OUR America ....

Without the filter of GOVERNMENT PROPAGANDA being imposed upon the communications ...

To skew them away from the facts ....

Or the truth ....

And so ...

[Livyjr]

And so .....

WHAT LEVEL OF PAIN SHOULD A LOCAL GOVERNMENT HERE IN OUR AMERICA BE ABLE TO INFLICT UPON A CITIZEN WHO WISHES TO HAVE A GOVERNMENT HERE IN OUR AMERICA THAT IS NOT CORRUPT, SO AS TO INTIMIDATE THAT CITIZEN INTO SUBMISSION, AND THEREBY EXTORT HIS OR HER SILENCE?

AND WHAT ARE SOME OF THE LESS HUMANITARIAN APPROACHES THAT THE FEDERAL COURTS HERE IN OUR AMERICA WILL ALLOW GOVERNMENTAL BODIES LIKE THE STATE OF NEW YORK AND THE COUNTY OF RENSSELAER IN THE STATE OF NEW YORK TO EMPLOY IN CRUSHING DISSENT IN THE BODY POLITIC OF THE STATE?

If you are someone like me ...

Someone who believes that laws are actually what the words in a book called "law" say they are ....

Then like me ...

You would read section 7201 of the New York State Education Law governing the practice of the profession of engineering in the State of New York as follows:

§7201. Definition of practice of engineering.

The practice of the profession of engineering is defined as performing professional service such as consultation, investigation, evaluation, planning, design or supervision of construction or operation in connection with any utilities, structures, buildings, machines, equipment, processes, works, or projects wherein the safeguarding of life, health and property is concerned, when such service or work requires the application of engineering principles and data.

Now ....

To me ....

This is an uncomplicated piece of legislation to read and comprehend ....

In the State of New York ...

According to this law, at least .....

When it comes to the safeguarding of life, health and property in the State of New York ...

Where engineering principles and data are required to be applied ....

ONLY New York State licensed professional engineers shall perform certain functions .....

Such as consultation, investigation, evaluation and planning in connection with projects such as sewage disposal and public water supply ....

And that should be that .....

But ...

It is not .....

Because professional politicians in the State of New York are threatened by that .....

By the independence that a New York State licensed professional engineer is supposed to have as a matter of law ....

In the State of New York ...

So as to be able to fulfill his or her role in society ....

As that role is clearly defined in section 7201 of the New York State Education Law above here .....

As I read that section of law ...

It comes to me that the only practice of a New York State licensed professional engineer that can be deemed to be other than "UNPROFESSIONAL" ....

Is practice that at all times can be clearly demonstrated to be safeguarding life, health and property ....

And so ...

When that standard is applied to the PLAINTIFF in here ....

It can readily be seen ...

By a review of all of the available evidence ....

Including personal commendations from New York State Health Commissioner Dr. David Axelrod himself .....

That at all times in question ......

The PLAINTIFF was indeed practicing the profession in a PROFESSIONAL manner ...

Which is to say ...

All of PLAINTIFF's actions can be shown to be for no other purpose than safeguarding life, health and property ....

And so ...

You would think ...

Based on that ...

That we would not be having this discussion in here ...

In the first place ...

Because what would there be to discuss?

A New York State licensed professional engineer acting in a PROFESSIONAL manner should really have been a NON-ISSUE ....

And certainly not something to be the subject of a thread in an internet forum such as this one is .....

Where issues of importance to ALL Americans are raised and discussed in a professional manner ...

By the members of this forum .....

BUT .....

Something went wrong in the State of New York .........

And for acting in a PROFESSIONAL manner at all times ....

This engineer ...

Was crushed ....

By the State of New York ....

And so .....

As the saying goes ....

A horse of a different color ....

And so ....

[Livyjr]

LIVING IN FEAR, HERE IN AMERICA .......

That, of course, could be the title for this thread, as well as the one it was originally given .....

Fear of assault ...

Fear of violence ....

Compounded by the KNOWLEDGE ....

That for us, the doors of the federal district court for the Northern District of New York are closed in our faces ....

"YOUR KIND NOT ALLOWED ...."

"KEEP OUT!"

By ORDER of the UNITED STATES OF AMERICA .....

Because we chose to challenge, rather than accept, a corrupt status quo ....

That the federal district court for the Northern District of New York is the protector of ....

Along with those who would do violence to us .....

As was done to the PLAINTIFF in this matter .....

By defendant Jeffrey Pelletier ...

In early-August of 2001 ......

Just before the August 22, 2001 "PSYCHIATRIC TAKEDOWN" went down ...

In Rensselaer County ...

In the corrupt State of New York ....

Where the federal Northern District of New York is to be found ...

A "hand-in-a-glove" is how we see it .....

We wonder ...

As we go through all of these thousands of pages of documents that we have in our possession up here detailing and documenting over twenty years of an on-going course of corrupt conduct up here in the State of New York ....

How many other public health directors there are out there in OUR America informing Regional Public Health Directors for other state health departments than the corrupt one here in New York State .....

Of the various methods they have of inflicting pain on those employees of theirs who refuse to countenance the corruption that these health departments exist to propagate in this land of ours ....

Or how many "LESS HUMANITARIAN" techniques they might have in their ARSENALS OF INTIMIDATION ...

To break those deemed "threats" to the continuation of that corruption ...

Which feeds the coffers of the REPUBLICAN PARTY ...

Here in the State of New York .....

We wonder how rampant this corruption is ...

At the state level here in OUR America ....

For we have no doubts anymore about the federal government ....

At least here in New York State ...

Because a federal appeals court in New York City has convinced us ....

That at least in New York ...

CORRUPTION IS THE STATUS QUO ....

Not to be violated .....

And so ....

[Livyjr]

DEMAND FOR JURY TRIAL PURSUANT TO FED.R.CIV.P.38(b)!

Those words, of course, were clearly legible on the face of the Amended Complaint in this matter, the one that was dismissed WITH PREJUDICE by BUSH-appointee Gary L. Sharpe in this matter under discussion in here, on March 31, 2005!

DEMAND FOR JURY TRIAL PURSUANT TO FED.R.CIV.P.38:

(a) RIGHT PRESERVED: The right of trial by jury as declared by the Seventh Amendment to the Constitution or as given by a statute of the United States SHALL BE PRESERVED TO THE PARTIES INVIOLATE!

end quotes

EXCEPT ..........

It's clearly not so, at least up here in the Northern District of New York where a Federal District Court Judge has just thrown out a COMPLAINT filed by a disabled veteran, acting on his own behalf, alleging civil rights violations by Samaritan Hospital in Troy, New York and alleged con-conspirators, a COMPLAINT that was clearly marked on its face with a "JURY DEMAND" as is required by RULE 38(b) of the Federal Civil Practice Rules, wherein is stated as follows:

"ANY party MAY DEMAND a trial by jury of any issue triable of right by a jury ........!

In this case, we, the PEOPLE, those who are really affected by the outcome of this case, although we are largely invisible, WANT THIS CASE BEFORE A JURY, in a federal district court, because we want that jury, and not a BUSH-judge, or a Clinton-judge, or a democrat judge, or a republican judge!

WE WANT A JURY, and WE, the PEOPLE had that RIGHT in the Northern District of New York in 2002, when Judge Hurd decided Ruhlmann, which is the importance of Ruhlmann to this case, and to all Americans as well, since Ruhlmann is the one clear case that we have found in OUR researches as citizens into law pertaining to OUR Constitution, WHICH REALLY DEALS WITH AN AGGRIEVED CITIZEN'S CONSTITUTIONAL RIGHT TO GIVE HIS OR HER EVIDENCE DIRECTLY TO A JURY, as the EXCLUSIVE TRIERS OF FACT in the matter!

AND, not have some politically-appointed judge VIOLATE that right by dismissing the COMPLAINT on grounds that the judge could not understand what was being said in there!

In this case, BY THE LAW, all that was needed to start this ball rolling on the way to a jury was one document, which was a copy of a fraudulent New York State Mental Hygiene Law 9.45 "psychiatric arrest order" that was placed in plaintiff's VA medical records on FALSE PRETENSES by Rensselaer County and New York State public officials, and an alleged CORPORATE nurse, who allegedly falsely testified to VA Police that she was an alleged "psychiatric nurse" in charge of PLAINTIFF, and that she allegedly deemed PLAINTIFF to be little more than a wild, dangerous animal who must be incarcerated in a secure mental facility to protect a land developer in Rensselaer County named Jeffrey Pelletier of Poestenkill, New York!

WE, the PEOPLE, want to hear the doctor who signed that "arrest order" and thereby smeared and destroyed the reputation and standing of an honorably discharged disabled combat veteran in OUR community, EXPLAIN why he did what he did that day!

WHY?

We want to hear this doctor have to answer that one question!

What on earth ever possessed you to do such a thing as this to another living human being, and especially a disabled American veteran in good standing in his community BEFORE this despicable and cowardly act was perpetrated against him on 8/22/01?

WHAT?

Yes, America, when a JURY DEMAND is made by a DISABLED AMERICAN VETERAN in defense of HIS Constitutional Rights, it is OUR belief that the last place he should have been thwarted in that effort was in Federal District Court for the Northern District of New York, and so, we are doing all we can now to see this appeal gets heard, SO THAT OUR CITIZEN's RIGHT TO HAVE A JURY HEAR OUR PLEAS FOR REDRESS IS RESTORED TO US, as opposed to OUR rights being subject to the whims of some politically-appointed judge who may well be operating from some agenda inimical to OUR civil liberties, here in OUR America! 

Hence, this thread!

To discuss why that is, OUR stance, I mean!

Brief Description of Nature of Action, and Result Below:

CIVIL RIGHTS COMPLAINT PURSUANT TO 42 USCS 1983 which has as its origins a physical and verbal assault on the PLAINTIFF herein, on videotape, by defendant Jeffrey Pelletier of Poestenkill, on August 7, 2001. 

In that videotape, which is at the heart of the matter, herein, defendant Jeffrey Pelletier can clearly be seen in digital quality running towards PLAINTIFF on a public thoroughfare in the Town of Poestenkill, County of Rensselaer, State of New York, which is in the Northern District of New York, and assaulting him.

Afterwards, defendant Jeffrey Pelletier, still on tape, can be heard to say "Looka him shake", meaning the PLAINTIFF, who he had just seriously injured, and then, defendant Jeffrey Pelletier is heard to call PLAINTIFF, a 55-year old disabled veteran, a "F***ING RETARD"!

Defendant Jeffrrey Pelletier taunts the PLAINTIFF in that videotape:

"Who you going to show that videotape to?"

"Nobody cares!"

Defendant Jeffrey Pelletier further informed PLAINTIFF as defendant Pelletier assaulted him on August 7, 2001 that defendant Pelletier purposefully intended to seriously harm PLAINTIFF in his person and property to deny PLAINTIFF rights, privileges and immunities guaranteed to him by the United States Constitution and 18 USCS 1512(b) & 1513(b) of the laws of the United States, and that he could do so with impunity, in the Town of Poestenkill, County of Rensselaer, State of New York, because he was a protected person.

Thereafter, it is alleged that on or about the afternoon of August 17, 2001, defendant RENSSELAER COUNTY EXECUTIVE Kathleen Jimino called PLAINTIFF at his home in Poestenkill, Rensselaer County, and told PLAINTIFF that defendant Jeffrey Pelletier's interests would be protected by Rensselaer County if PLAINTIFF attempted to bring a legal action against Jeffrey Pelletier for alleged Public Health Law and Sanitary Code violations in the Town of Poestenkill involving alleged falsification of test data by licensed professionals in Rensselaer County.

It is then alleged that on August 21, 2001, when PLAINTIFF made it clear to defendant RENSSELAER COUNTY ENVIRONMENTAL HEALTH DIRECTOR Roy Champagne that PLAINTIFF was instituting a legal action against the Rensselaer County Department of Health for alleged negligence, that defendant Kathleen Jimino, cloaked in the authority of Rensselaer County Executive and acting under color of New York law, did conspire with defendant Joseph Cybulski, who was cloaked in the authority of Rensselaer County Director of Community Services, for the express purpose of having defendant Cybulski, under color of New York State Mental Hygiene Law 41.03(8), 41.05©, 41.07(a), 41.09 and 9.37(b), obtain for defendant Jimino from defendant Samaritan Hospital a fraudulent New York State Mental Hygiene Law 9.45 involuntary commitment order so that defendant Jimino could have PLAINTIFF involuntarily incarcerated as a mental patient to intentionally harm PLAINTIFF in his person and property for seeking equal protection of law in Rensselaer County and for petitioning for redress of grievance.

Thereafter, on August 22, 2001, despite never having been seen, or examined in any way by CORPORATE DEFENDANTS herein, specifically Dr. John Braaten, Carol Fiorino, Bernadette Hallam and Andrea Gallerie, PLAINTIFF was taken into custody at the Albany, New York VA Hospital and was held against his will, and therefore stripped of his liberty and dignity as a human being, based upon NOTHING MORE than a fraud, a New York State Mental Hygiene Law 9.45 "psychiatric arrest order", signed by defendants John Christian Braaten and Carol Fiorino, falsely attesting therein that they had physically examined PLAINTIFF, and had thereby determined that he was a person suffering from a mental disease who was dangerous and needed immediate incarceration in a secure mental health facility run by defendant Northeast Health, Inc., in the City of Troy, New York.

Were it not for the efforts of an Albany, New York Police Officer, who demonstrated to federal VA officials holding PLAINTIFF that the 9.45 order was based on a fraud, and so secured PLAINTIFF's release, PLAINTIFF would have remained in forced captivity, like a deranged animal, based on nothing but outright false statements transmitted allegedly from the Rensselaer County Office Building to Northeast Health, for the issuance of the 9.45 order, and then back to the Rensselaer County Office Building for transmittal across jurisdictional boundaries from the County of Rensselaer, to the State of New York, and thus, to the Office of the U.S. Attorney for the Northern District of New York, and the VA POLICE in Albany, New York.

The affidavit containing that sworn record was ordered left off of the COMPLAINT by the Court below.

The Court Below then dismissed the Amended Complaint where these issues were framed with prejudice as being unintelligible.

A MOTION FOR INJUNCTIVE RELIEF to enjoin this practice was denied as moot by the Court below.

Issues Proposed to be Raised on Appeal:

* The twenty-page limit on the maximum length that a pro se Civil Rights Complaint can be in the Northern District of New York, which is extremely prejudicial to the rights of the pro se PLAINTIFF who is a disabled person in the Northern District of New York;

* The central issue, of the appeal, however, is the legality and  Constitutionality of what transpired when PLAINTIFF walked into the Albany New York VA Hospital on the morning of 22 August 2001, and was immediately taken into custody on orders of the VA Police upon identifying himself to VA personnel in the hospital as a disabled veteran seeking sanctuary in the VA Hospital, for fear of his life if he were to return to Rensselaer County, and his home.

In the Court below, PLAINTIFF requested permission of the Court to challenge affirmative defenses of absolute or qualified immunity, and collateral estoppel and res judicata raised in their Answers by several non-moving defendants to include defendants Kathleen Jimino, Joseph Cybulski, Timothy Holt, Denise M. Ayers, NYSRPN 453486, Roy Champagne, Robert Reiter, and Kevin Joseph McGrath, NYSLS 049508, which request was granted by the Court on November 24, 2003.

In the Court below, the central issue to be argued in this appeal is as follows:

Where the Amended Complaint in the action 03-CV-0753, commenced by Summons and Amended Complaint on September 17, 2003 in the Northern District of New York, asserts a cognizable Federal claim of violation of plaintiff's rights pursuant to the Constitution and laws of the United States pursuant to this Court's holdings in Ruhlmann v. Ulster County Dept. of Social Services, 234 F.Supp.2d 140 (N.D.N.Y. 2002), and alleges uncontroverted facts that support such claim, the Motions to Dismiss of defendants Northeast Health, Inc., Samaritan Hospital of Troy, New York, Adrian Anthony Morris, NYSMD 166342, John Christian Braaten, NYSMD 138415, Carol Fiorino, NYSRPN 230870, Bernadette Rotter Hallam, NYSRPN 331662, Andrea J. Gallerie, NYSRPN 444291, Carl Richard Aiken, NYSPE 067805, William Shea, Eugene Bechard and David Gebhardt to dismiss on the pleadings in the within action pursuant to F.R.Civ.P. Rules 9(b), 12(b)(6) and 12© must be denied in the sound exercise of this Court's discretion. 

Where the Motions to Dismiss of various defendants rely upon matters outside of the pleadings, the motions are properly denominated as motions for summary judgment pursuant to F.R.Civ.P Rule 56, wherefore plaintiff herein is entitled to discovery prior to replying to such motions. 

Where a more artfully drawn complaint might state the cognizable claims for relief as against defendants above in a more definitive manner, the Court should treat the Rule 9(b) and Rule 12 motions of defendants as motions for a more definite statement pursuant to Rule 12(e) and thereby grant leave to amend, rather than order the Amended Complaint dismissed. 

Finally, pursuant to this Court's holdings in Ruhlmann v. Ulster County Dept. of Social Services, 234 F.Supp.2d 140 (N.D.N.Y.2002), defendants are not entitled to either absolute or qualified immunity in this above matter.

A year ago ...

When I started this thread ....

It was, as I have said before, with an intent ....

To make public, here in OUR America ....

Something that was very shocking ...

To my sense of fair play ....

And that was this Bush-appointee Federal District Court Judge's decision to deny protection of law to the PLAINTIFF herein ....

A disabled Viet Nam veteran who rehabilitated himself after Viet Nam ....

And became a licensed professional engineer in the State of New York ...

As a means of not only supporting himself financially ...

So as to not be a burden on the public ....

But so that PLAINTIFF could also devote the remainder of his life to PUBLIC SERVICE .....

And specifically, the protection and safeguarding of life, health and property in the State of New York .....

For which PUBLIC SERVICE ...

PLAINTIFF was commended by Dr. David Axelrod, the then-Commissioner of Health ..

Of the State of New York ....

And while this Bush-appointee was denying the PLAINTIFF access to a jury ....

He was at the same time ....

Wrapping the protection of the federal district court in Albany, New York ....

Firmly around Jeffrey Pelletier of Poestenkill, New York ....

A politically-connected PLAYER in Rensselaer County ......

Who bragged of having this federal judge in his pocket .....

And who was also featured in a videotape assaulting the PLAINTIFF herein on a public thoroughfare on the Town of Poestenkill, New York in August of 2001 ....

In order to not only harm the PLAINTIFF physically ....

But also, to deter the PLAINTIFF from coming forward with further evidence of corrupt conduct in the County of Rensselaer in the State of New York ....

Which happens to be a federal crime .....

That Jeffrey Pelletier NEVER DENIED COMMITTING ....

When specifically so charged .....

And so .....

WHY WAS THE ARM OF THE FEDERAL DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK PUT AROUND A MAN WHO OPENLY ADMITTED, YEA, EVEN BRAGGED ABOUT VIOLATING A FEDERAL STATUTE BY ASSAULTING THE PLAINTIFF IN AUGUST OF 2001?

What's the deal here, is what was on my mind back then ....

BUT ....

That was not enough ....

To start a thread in here, I mean ....

WAS THIS A MATTER OF PUBLIC IMPORTANCE ....

Is the question that I addressed myself to ...

Before creating or opening up this thread ....

And since the thread is now in existence .....

Apparently ....

It was .....

Since a year has gone by ...

And the discussion is still going on .....

People wonder .....

What if this internet forum had existed back then ...

Back in the 1980's ....

When all of this started in Rensselaer County in the State of New York .....

When PLAINTIFF told REPUBLICAN Rensselaer County Attorney Robert A. "Big BOB" Smith, ESQUIRE AT LAW ....

That he was not going to aid Smith .....

In perpetrating frauds .....

On unsuspecting people wishing to buy property in Rensselaer County ....

So that prominent REPUBLICANS .....

Could reap a big profit .....

Selling worthless land ...

To unsuspecting people ...

As being "HEALTH DEPARTMENT APPROVED" .....

When such was not the case at all .....

WOULD THIS FORUM BACK THEN HAVE MADE A DIFFERENCE IN THE OUTCOME OF THAT CONFRONTATION BETWEEN A POLITICALLY-POWERFUL REPUBLICAN LAWYER IN RENSSELAER COUNTY, AND A NEW YORK STATE LICENSED PROFESSIONAL ENGINEER WHO REFUSED TO PRACTICE OUTSIDE THE BOUNDS OF THE LAW, AS THE POWERFUL REPUBLICAN LAWYER WAS ORDERING HIM TO DO?

And my response ...

Is that there is no way of assessing that ...

Since back then ...

There simply was no means of direct citizen-to-citizen communications such as exist today with this forum ...

And so ...

Why speculate?

What is more important to me ...

Since this forum does now exist ....

Is to try and maintain as intelligent and professional a dialogue in here as is possible ...

Without making this totally impossible to understand ...

And so ...

That has been my challenge this last year ...

And to be truthful ....

I have enjoyed it ...

The challenge that is ...

For without challenge in life ...

It is impossible to grow ...

And so .....

Having given this matter some further thought ...

It is my intention today ...

As I said the other day ...

To continue with the background of this case ...

By continuing to "read" from the public record in this matter ...

As it is a very vivid example of why INTEGRITY in government is so very hard to find ...

While the Tommy DeLay's seem to be a dime a dozen .....

And so ....

To be continued .......