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TO DOGE Ey . arte ‘hase san Atomeys at Law Bane Set Janet M. Izzo, of Counsel ‘Syracuse, NY 13210 (31S) 472-3434 Mer September 13, 2016 CERTIFIED MAIL / RETURN RECEIPT REQUESTED Suzanne Sinclair Frederick Westphal ES County Administrator County Attorney a County Office Building, 6th Floor County Office Building, 6th Floor 3 160 Genesee Street 160 Genesee Street I Auburn NY, 13021 ‘Auburn NY, 13021 s 2 Michael T. Russell Susan M. Dwyer a Homan Resources Administrator County Clerk County Office Building, 2nd Floor County Office Building, Ist Floor 160 Genesee Street 160 Genesee Street ‘Aubum NY, 13021 Auburn NY, 13021 Jon B. Budelmann District Attorney 95 Genesee Street ‘Auburn NY, 13021 RE: Jeffrey A. Domachowski Dear Sir/Madam: Bnclosed please find Jeffrey A. Domachoviski‘s Notice of Claim arising out of wrongful termination, Si Robert E, Labm RELtlad Enc. iS ee * Best Lawyers In America 4 Adimited in New York and Pennsytvania web site: www.lahmlaw.com ¢ mail: ria @lahnte ‘711 East Genesee Street Syracuse, NY 13210 (918) 472.9494 = Robert E LAEHM STATE OF NEW YORK SUPREME COURT. JEFFREY A. DOMACHOWSKI, v ‘THE COUNTY OF CAYUGA, Suzanne Sinclair County Administrator County Office Building, 6th Floor 160 Genesee Street Auburn NY, 13021 Michael T. Russell Human Resources Administrator County Office Building, 2nd Floor 160 Genesee Street Auburn NY, 13021 Jon E. Budelmann District Attorney 95 Genesee Street Auburn NY, 13021 COUNTY OF CAYUGA VED NOTICE OF CLAIM Respondent. Frederick Westphal County Attorney County Office Building, 6th Floor 160 Genesee Street Auburn NY, 13021 Susan M, Dwyer County Clerk County Office Building, Ist Floor 160 Genesee Street Auburn NY, 13021 PLEASE TAKE NOTICE that the Claimant, pursuant to General Municipal Law {§50-e hereby files claim against the County of Cayuga for causing loss of employment, ost eamings, lost pension benefits, lost health insurance benefits, impairment of future earnings and other damages. In support thereof, the Claimant states as follows: 1 ‘The Claimant’s home address is 7787 Main St,, Fabius, New York 13063 (815) 472-3494, 711 East Genesee Street Syracuse, NY 12210 = Robert © Laren 2, Attomey for the Claimant is Robert E. Lahm, PLLC, 711 East Genesee Street, Syracuse, New York 13210. 3.» The time and place where the claim arose is as follows: On June 17, 2016 at or about 9:00 a.m., Claimant was involuntarily terminated from employment as a Cayuga County Assistant District Attomey by District Attomey Budelmann in violation of New York State Civil Service Law §75-b and New York State Labor Law §740, 4. The claim arose in the following manner: On June 15, 2016, at about pam,, District Attorney Budelmann engaged in adverse and retaliatory personnel action against Claimant by directing Claimant to resign his position as a Cayuga County Assistant District Attomey. This adverse and retaliatory personnel action on the part of District Attomey Budelmann occurred when Claimant advised District Attorney Budelmann that Claimant reported improper goverrimental action on the part of District Attomey Budelmann to the New York State Unified Court System, 4" Department Appellate Division Grievance Committee and the New York State Attomey General’s Office, District Attorney Budelmann immediately told Claimant to resign. When Claimant reported to work at the District Attorney’s Office June 17", 2016; his intention ‘was to resign as he was instructed but could not do so as he was locked out. Claimant entered the office by the front door where he was met by DA Investigator Whitsett, who advised Claimant he had to make arrangements with DA Investigator Bender to clear out Claimant's office of personal belongings and took possession of Claimant's electric key fob and office keys. 711 East Genesee Street Syracuse, NY 13210 (315) 472:9494, = Robert LAEM 5. The nature of the claim is as follows: Early in the year 2015 after being assigned responsibility for drug ease prosecutions in Cayuga County, Claimant discovered legal issues regarding exculpatory “Brady” material in several existing cases, which must be disclosed to defendants and defendants’ counsel, Claimant discussed these issues directly with District Attorney Budelmann and was directed by District Attorney Budelmann that the issues discussed were not exculpatory and as such were not “Brady” ‘material, As Claimant continued to prosecute drug cases, Claimant continuously discovered such “Brady” material and continued the discussion of the legal and ethical disclosure obligations of such material with District Attomey Budelmann, The District ‘Attomey repeatedly and adamantly directed Claimant that such material was not “Brady” material and I was ordered not to disolose to defendants, defense counsel or Grand Jury. In the Fall of 2015, Claimant and District Attorney Budelmann became engaged in a heated discussion of the “Brady” issues and District Attorney Budetmann moved the discussion to the Chief Assistant District Attomey’s Office for continued discussions, During this joint discussion, Claimant was directed by both District Attorney Budelmann and Chief Assistant District Attomey Valdina to not disclose exculpatory defense ‘material to the Cayuga County Grand Jury. Claimant found himself in an ethical dilemma as well as a hostile work environment and reported to the New York State Unified Court System 4" Dept. Appellate Division grievance committee for opinion and guidance, Prior to being directed to resign by District Attorney Budelmann, Claimant had also reported this improper governmental action on the part of district Attorney Budelmann to the New York State Attorney General's Office, the Cayuga County legislature, both County Court (215) 472.9494 ‘711 East Genesee Street Syracuse, NY 19210 a Robert 2 LAIN Judges in Cayuga County and the New York State District Attomey’s Association ethies committee. 6. Asaresult of District Attorney Budelmann’s malfeasance, coercion and retaliatory personnel action, the Claimant has sustained the following damages: Loss of employment, lost earings, lost pension benefits and lost health insurance benefits as well as emotional anguish and distress. 7. This notice of claim is filed within ninety (90) days of the date of the occurrence pursuant to §50-e of the State of New York General Municipal Law. PLEASE TAKE NOTICE that if the County of Cayuga defaults and fails to pay damages to the Claimant for his claim for unlawful termination, negligence, loss of employment, lost earnings, lost pension benefits, lost health insurance benefits within thirty (0) days, the time limited by statute for compliance with this demand, the Claimant intends to and will commence an action against Defendants to recover the damages. PLEASE TAKE FURTHER NOTICE that money damages have not been alleged pursuant to the provisions of General Municipal Law §50-e. Dated: September 13, 2016 Robert E, Lahm Robert E, Lahm, PLLC. Attorneys for Claimant 711 Bast Genesee Street Syracuse, NY 13210 315) 472-3434 | i | STATE OF NEW YORK _) COUNTY OF ONONDAGA ) ss.: Jeffrey A. Domachowski, being duly swom deposes and states that I am the Claimant in the within action; that I have read the foregoing Notice of Claim and know the contents thereof; that the same is true to my own knowledge, except as to those & matters therein stated to be alleged on information and belief, and as to those matters deponent believes them to be true. an that deponent is the Plaintiff in the within action, that deponent has read the foregoing = Complaint and knows the contents thereof, that the same is true to deponent’s own knowledge except as to the matters therein stated to be alleged on information and belief and that as to those matters deponent believes it to be true, jesee Street Syracuse, NY 15210 2 é Z § 3 E East Be day of September, 2016 LUANN DEROSE O ‘Notary Public, State of New York ‘aed Onna Cay eg. No. 4801 eee ‘My Commission Exes Oct 20). " 7 SS Robert © LAnIM ‘SYRACUSE, NEW YORK 13210 7OLL 1150 o000 1332 7329 Jon E, Budelmann, DA ‘95 Geneswee Street Auburn, NY 13021. PLLC, ancorneys at law original CcCopy 711 East Genesee Stoo Syracuse, NY 18210

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