POESTENKILL, NY AS A CASE STUDY IN ENDEMIC PUBLIC CORRUPTION

thelivyjr
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Re: POESTENKILL, NY AS A CASE STUDY IN ENDEMIC PUBLIC CORRUPTION

Post by thelivyjr » Sun Feb 21, 2021 1:40 p

POSTED BY PERMISSION OF SENDER wrote: 22 OCTOBER 2020

Hon. Thomas Slavin, Jr.
Town Justice
Town Of Poestenkill
38 Davis Drive
PO Box 210
Poestenkill,NY12140-0210

RE: Continued Intentional Mental Torture of Disabled Veteran

Your Honor:

Once again, as if to prove to me that they have nothing to fear from the Town of PoestenkilI and that I am their virtual prisoner who they can torture at their leisure with impunity as a result of their "protected person" status in the Town of Poestenkill granted to them by your predecessor in office as Poestenkill Town Justice to cover over a retaliatory vehicular assault on myself on 29 December 1989, today 22 October 2020, not only did, Gary and Dianne Horton of Beagle Run Way in Poestenkill have their concentration camp guard dog barking in a frenzied manner to inflict mental torture on me and to disturb my rest and to deprive me of the peace of my home while I try to protect my health from declining due to COVID, but they were joined by the German Shepard guard dog that patrols my boundary line at the yellow house just to the west of me on Liberty Lane, which again takes us back to fact of that on-going mental torture being sanctioned by the Town of Poestenkill, which in turn brings us back to the animus towards myself and vituperation aimed directly at myself in a letter Supervisor Hammond posted as a Poestenkill Town Councilman in the Sand Lake Advertiser @ p.17 of the 11 December 1995 edition, where the following malicious libels posted by then-Town Councilman Hammond serve as stark proof of the discriminatory policies of the Town of Poestenkill towards myself as a disabled veteran which discriminatory policies promote this on-going mental torture by Hortons and the residents of the yellow house as well who believe the falsehoods Poestenkill Supervisor Hammond posted are instead the truth, to wit:

Unfortunately, not everyone who reads your articles realizes, as I do, that you are mentally disturbed, a condition that causes your inability to effectively function in society.

That is why you are forced to live on public assistance.

Mr. Plante, I do not have a criminal record and I have never been arrested for harassment or fired from a job because I could not get along with my fellow workers.

These are things that have forced you to live in the manor in which you do.

The next time you feel the urge to pick up a pen and attack one of your neighbors, why don't you instead pick up a job application or at the very least, dial the number of a local hospital with a psychiatric ward.

It is obvious to all around that you are in desperate need of help.

Keith Hammond

Poestenkill Town Councilman

end quotes

It is that disgusting hate mail from the Town Supervisor coupled with the unlawful issuance of an Order of Protection by your predecessor to Dianne Horton that fuels this hate campaign against me in this town, and once again, I am requesting that you use your authority as Town Justice to repair the damage done to my reputation by Poestenkill Town Court allowing Gary Horton to file false criminal charges against myself to cover over his 29 December 1989 vehicular assault of myself in which false criminal charges Horton stated under oath to your predecessor that because I am disabled with PTSD, that I am "mentally ill" and irrational without a shred of proof being needed by your predecessor, who was quoted in the news as saying, quite correctly, that I would not get a fair trial in Poestenkill, a hate-filled little town that retaliated against me for having performed my duties as Rensselaer County Associate Public Health Engineer by the book, as opposed to being corrupt as was demanded of me.

As to Supervisor Hammond's malicious, ignorant and very public lie that "It is obvious to all around that you are in desperate need of help," a review of the following sworn testimony by an eminent psychiatrist who knows far more about these matters than does Supervisor Hammond, who brags openly of not even being able to read, readily demonstrates just how untrue and intentionally malicious his statement was, to wit:

UNITED STATES DISTRICT COURT - NORTHERN DISTRICT OF NEW YORK

OCTOBER 20, 1992 - EXAMINATION OF DR. LAWRENCE C. KOLB, M.D. by RENSSELAER COUNTY ATTORNEY ROBERT A. SMITH, ESQUIRE

SMITH: I believe at one point in your testimony, you characterized Paul Plante as a man of high principles and I believe you also said in words or substance that he was accepting of directions and orders.

Is that a fair statement?

KOLB: It was my estimation of the man's personal make-up!

SMITH: And what was the basis for your estimate of that personal make-up?

KOLB: Well, I had taken his history, I had taken a developed mental history on both his early life and his life at home and the way he was raised .....

The way doctors get a general idea of personality ...

SMITH: And when did you form that particular conclusion that he was accepting of direction of others?

KOLB: I formed it when I first saw him and again when I listened to his account of how he did his work ...

SMITH: So it was his account of how he did his work and his appearance before you that led to that conclusion?

KOLB: Yes ...

SMITH: There wasn't any independent confirmation of that?

KOLB: No, it was a psychological opinion, personality assessment ...

end quotes

As to my "work status," which again the Supervisor intentionally misrepresented in his efforts to smear and libel me to destroy my reputation and make me an object of contempt and derision in this hate-filled town, we have this sworn testimony, to wit:

UNITED STATES DISTRICT COURT - NORTHERN DISTRICT OF NEW YORK

EXAMINATION OF REPUBLICAN RENSSELAER COUNTY EXECUTIVE JOHN L. BUONO, BY ORDER, HELD AT THE CONFERENCE ROOM A, RENSSELAER COUNTY OFFICE BUILDING, TROY, NEW YORK

SEPTEMBER 27, 1994

Q: Did there come a time in May 1993 when you were consulted about a Worker's Compensation proceeding that Paul Plante had initiated?

BUONO: Yes.

Q: Are you aware that on or about July 18, 1993 that the County had entered into a stipulation that Plaintiff (Paul R. Plante) had suffered a partial disability as a result of a work-related illness that was generated during the time he was employed as the engineer for the Health Department?

BUONO: I'm aware of that, yes!

Q: And ultimately, prior to the time that the stipulation was entered into, did you consent to it?

BUONO: Yes ....

end quotes

And in point of fact, that Worker's Compensation decision referenced in that sworn testimony was a landmark case in New York State based on disability due to intentional infliction of emotional distress by the Rensselaer County Department of Health by creating a hostile work environment for me, including threats of bodily harm by people like Gary Horton of Poestenkill who subsequently acted out on 29 December 1989 by running me down on Liberty Lane in the Town of Poestenkill.

As to that Worker's Compensation decision, the Appeals Board in New York City found as follows:

August 14, 1991 Memorandum of Decision of the New York State Workers’ Compensation Board:

Claimant, an engineer, claimed that he suffered a deterioration of his health due to undue pressure at his employment, including threats of bodily harm, causing him to stop work on October 12, 1988.

Claimant cited one specific incident of July 29, 1988, when he twisted his neck to avoid getting struck by a swinging back-hoe bucket, an incident which he also claimed exacerbated a prior neck wound sustained in 1969 while serving in the Army in Viet Nam.

Dr. Kolb reported on April 20, 1990 that in addition to the combat wound he received a history from claimant in October 1988 of a series of harassing events connected with his employment.

In an affidavit dated September 27, 1990, Dr. Kolb stated that claimant was also suffering from severe headaches, neck pain and numbness in his right arm and hand, caused in part by the aggravation previously stated in his report of April 20, 1990, and that a Dr. Loudon had confirmed that claimant had been subjected to an escalating series of harassing incidents beginning in late 1987 during his course of employment.

****

In C-4/C-48 dated December 3, 1990, Dr. Sheremeta indicated that he has been treating claimant since August 13, 1990 for a cervical dorsal strain causally related to an injury of July 26, 1988, when claimant twisted his upper back getting out of the way of a back-hoe.

Upon review of the entire record, the Board panel finds that the reports of Dr. Kolb and Dr. Sheremeta, when considered together with claimant’s C-3’s, do constitute prima facie medical evidence.

end quote

Now, as a result of that, I am in chronic pain that requires me to have to exercise on a daily basis to maintain my health.

Because of that damage caused by that back-hoe assault, which exacerbated the head wound I received in combat in Viet Nam in 1969, which again was exacerbated when Gary Horton ran me down on 29 December 1989, I have trouble breathing, which makes me susceptible to COVID along with my age, so that this on-going harassment is causing a decline in my physical health and is therefore putting my very life in jeopardy, by intent.

As I have stated previously, I want all of that on the record as this mental torture continues unabated, so that in the case of a further decline in my health as a result of this mental torture, my family will have a basis for a cause of action against the Town for abject failure to give me equal protection of law in Poestenkill.

And once again, given the responsibility Poestenkill Town Court bears for making my life a living hell in Poestenkill with its protection of Horton, I am requesting that this Court undo the mess of my life Poestenkill Town Court made of it after 29 December 1989 when it aided and abetted Gary Horton in covering over a vehicular assault on myself in the Town of Poestenkill by allowing Horton to bring false criminal charges against myself, which false charges continue to make my life a living hell to this day.

Respectfully, submitted,

Paul R. Plante, NYSPE

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Re: POESTENKILL, NY AS A CASE STUDY IN ENDEMIC PUBLIC CORRUPTION

Post by thelivyjr » Mon Feb 22, 2021 1:40 p

POSTED BY PERMISSION OF SENDER wrote: 21 February 2021

U.S. Congressman Antonio Delgado
1007 Longworth HOB
Washington, DC 20515

Dear Congressman:

Getting back to your confirmation in a May 22, 2020 e-mail to me from your regional representative Madison Wellman the fact that with respect to my civil and human rights being stripped from me by the Town of Poestenkill in your Congressional District in retaliation for my having given evidence of endemic corruption in Poestenkill to the Federal Bureau of Investigation, there will be no aid or comfort coming my way from the federal government, that raises the question of exactly what my personal relationship is to the federal government that you say has no aid or comfort for me, a question easily answered by referencing an official 8 August 1996 communication to me from the United States Department of Veterans' Affairs New York Regional Office, 245 West Houston St., New York, N.Y. 10014, which was copied to the New York State Division of Veteran's Affairs as follows concerning myself, to wit:

We made a decision on your claim for increased compensation.

We found that your disability has increased in severity.

STATEMENT OF EVIDENCE

Statement from Dr. Lawrence C. Kolb diagnosed the veteran as suffering from the adverse effects of long-term stress on his general well-being that manifested as nausea, insomnia, severe depression, and anxiety.

In addition, the veteran was suffering from severe headaches, neck pain and numbness in his right arm and hand, caused in part by the aggravation of combat-induced PTSD by the intense emotional turmoil associated with the veteran's recent work-related experiences.

Dr. Kolb advised that the veteran's medical condition precluded him from carrying on with his duties as Director of Environmental Health for the Rensselaer County Health Department for an indeterminate period of time.

end quotes

Quite clearly, Mr. Congressman, which you will appreciate as a graduate of Harvard Law School, according to the official version of events backed up by credible evidence, which should be binding on the federal government if there were truly justice in this country, as well as the State of New York, which would include the county of Rensselaer and the town of Poestenkill, I was harmed by my service as the Rensselaer County Associate Public Health Engineer.

That is the official version.

Now, compare that official version of events with the contents of a letter the present Supervisor of the Town of Poestenkill, Keith Hammond, posted as a Poestenkill Town Councilman in the Sand Lake Advertiser @ p.17 of the 11 December 1995 edition, eight months before the Veterans Administration released its official findings on 8 August 1996, where the following malicious libels posted by then-Town Councilman Hammond will serve as stark proof of the discriminatory policies of the Town of Poestenkill towards myself as a disabled veteran which discriminatory policies promote this on-going mental torture I have written to about, to wit:

Unfortunately, not everyone who reads your articles realizes, as I do, that you are mentally disturbed, a condition that causes your inability to effectively function in society.

That is why you are forced to live on public assistance.

Mr. Plante, I do not have a criminal record and I have never been arrested for harassment or fired from a job because I could not get along with my fellow workers.

These are things that have forced you to live in the manor in which you do.

The next time you feel the urge to pick up a pen and attack one of your neighbors, why don't you instead pick up a job application or at the very least, dial the number of a local hospital with a psychiatric ward.

It is obvious to all around that you are in desperate need of help.

Keith Hammond

Poestenkill Town Councilman

end quotes

Then we have a correspondence from myself to Poestenkill Town Supervisor Thomas Slavin, now the town justice, on 20 June 2005, to wit:

Dear Mr. Supervisor:

Annexed hereto, Mr. Slavin, is a copy of an October 3, 2002 decision of Hon. James B. Canfield, J.S.C., in Plante v. Planning Board, Renss. Co. Index No. 204938 (Oct. 3, 2002), which I hand-delivered to you personally, in your office in Poestenkill Town Hall, at the time that you personally had hired Ms. Sue A. Proulx to be secretary to the Planning and Zoning Boards of the Town of Poestenkill, as your "eyes and ears", I recall you saying to me, when you personally brought Ms. Proulx into your office and pointed me out to her, with words to the effect, to me, as I understood them, that as your personal representative, Ms. Proulx was to make damn sure that I never, ever again was able to file an Article 78 against the Town of Poestenkill, as I had just done in Plante v. Planning Board, supra.

That was the first time that I served this Court document on you in your capacity as Supervisor of the Town of Poestenkill.

The second time that I served this same document on you, it was at a regularly-scheduled meeting of the duly-constituted Poestenkill Town Board, of which you are the presiding officer.

At that meeting, in full view of yourself, Poestenkill Town Councilperson Keith Hammond spoke for yourself and the Board, denigrating that Court decision, and calling me a "RETARD", which was on the record in an official Poestenkill Town Board meeting, where you presided, and where you let stand, without objection, that highly discriminatory position as an official response of the Town of Poestenkill, to myself, that in the opinion of the Town of Poestenkill, I was a "retard" or mentally-ill person, when the Town of Poestenkill and yourself are completely without evidence to support such a position.

end quotes

All of which brings us back to your suggestion that I try working with the Town of Poestenkill for a solution.

When it is obviously the Town of Poestenkill that is engaged in retaliation against me to make my life a living hell, I would submit to you based on this evidence alone that any efforts on my part at this time to work anything out with the Town of Poestenkill, short of allowing myself to be run out of town, is quite impossible.

Respectfully,

Paul R. Plante, NYSPE


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Re: POESTENKILL, NY AS A CASE STUDY IN ENDEMIC PUBLIC CORRUPTION

Post by thelivyjr » Fri Mar 12, 2021 1:40 p

POSTED BY PERMISSION OF SENDER wrote: 12 March 2021

TO: Poestenkill Town Clerk

RE: Continuing Harassing Light Trespass, KKK/Nazi intimidation tactics, Intentional Infliction of Emotional Distress

For the Town Records:

This is to confirm for the Town record that at 5:05 A.M. this morning, 12 March 2021, the concentration camp floodlights, spotlights and searchlights on the brick house compound of Dave Gittins on the west end of Liberty Lane were turned on to illuminate my property and my home to induce fear in me and to again make sure that I know that I am totally helpless to stop him from slowly murdering me and torturing me and intimidating me and stealing my health and well-being, which is crippling me, and destroying my health so that being in Poestenkill makes me nauseous and gives me chest pains.

This is to further confirm that at about 7:37 P.M. on the evening of 10 March 2021, I left a message at Town Hall concerning the light trespass not only from the brick house but from spotlights in the north gable end of the yellow house, as well.

In New York, trespassing on other people’s land is a tort.

The tort of trespass to land protects people’s right to exclude others from their property.

My right to exclude others from my property is one of the most important rights I have as a property owner.

A defendant’s argument that they did not intend to enter a plaintiff’s property is not a defense.

The types of actionable entries include, but are not limited to the defendant shining bright lights on the plaintiff’s land.

When a defendant is wanton, malicious, or has reckless disregard for the plaintiff’s rights, as is the case here, a plaintiff can recover punitive damages.

As to Intentional harm, according to "A Concise Restatement of Torts, Third Edition," which work applies to engineers and Code Enforcement Officers in New York, states in clear and unequivocal language that a person acts with intent to cause a consequence if:

(a) the person acts with the purpose of producing that consequence; or

(b) the person acts knowing that the consequence is substantially certain to result.

end quotes

In this case, the owner of the brick house is acting with intent to not only trespass, but to trespass for the purpose of causing physical and emotional harm.

As to emotional harm, according to "A Concise Restatement of Torts, Third Edition," it is defined as "the impairment or injury to a person's emotional tranquillity.

According to the Restatement, "emotional harm" covers a variety of mental states, including fright, fear, sadness, sorrow, despondency, anxiety, humiliation, depression, and a host of other detrimental mental conditions.

Armed with the knowledge that he is causing me emotional harm which in turn is causing physical harm in terms of the deterioration of my physical state, the owner of the brick house, who has vowed to drive me off my property because he covets it and believes that it is his, despite my possession of a deed and a valid survey map showing all border line trees, and fence posts, simply keeps going on with the light trespass.

This of course raises the question of what role the Town Code Enforcement Officer plays here.

The Code Enforcement officer is not a mere town employee to do the bidding of the Poestenkill town supervisor who with intent to cause harm, another tort, defamed me in the Sand Lake Advertiser @ p.17 of the 11 December 1995 edition, to wit:

Unfortunately, not everyone who reads your articles realizes, as I do, that you are mentally disturbed, a condition that causes your inability to effectively function in society.

That is why you are forced to live on public assistance.

Mr. Plante, I do not have a criminal record and I have never been arrested for harassment or fired from a job because I could not get along with my fellow workers.

These are things that have forced you to live in the manor in which you do.

The next time you feel the urge to pick up a pen and attack one of your neighbors, why don't you instead pick up a job application or at the very least, dial the number of a local hospital with a psychiatric ward.

It is obvious to all around that you are in desperate need of help.

Keith Hammond, Poestenkill Town Councilman

end quotes

There, well stated by the Town Supervisor who controls the Code Enforcer Officer and who encourages these continual assaults against myself by his prior defamation is the malicious background underlying these assaults on myself in the Town of Poestenkill in retaliation for commencing legal actions challenging criminal conduct by the Town of Poestenkill in connection with approvals given, as well as having given evidence of endemic corruption in Poestenkill to the Federal Bureau of Investigation, as can be further seen in a correspondence from myself to Poestenkill Town Supervisor Thomas Slavin, now the town justice, on 20 June 2005, to wit:

Dear Mr. Supervisor:

Annexed hereto, Mr. Slavin, is a copy of an October 3, 2002 decision of Hon. James B. Canfield, J.S.C., in Plante v. Planning Board, Renss. Co. Index No. 204938 (Oct. 3, 2002), which I hand-delivered to you personally, in your office in Poestenkill Town Hall, at the time that you personally had hired Ms. Sue A. Proulx to be secretary to the Planning and Zoning Boards of the Town of Poestenkill, as your "eyes and ears", I recall you saying to me, when you personally brought Ms. Proulx into your office and pointed me out to her, with words to the effect, to me, as I understood them, that as your personal representative, Ms. Proulx was to make damn sure that I never, ever again was able to file an Article 78 against the Town of Poestenkill, as I had just done in Plante v. Planning Board, supra.

That was the first time that I served this Court document on you in your capacity as Supervisor of the Town of Poestenkill.

The second time that I served this same document on you, it was at a regularly-scheduled meeting of the duly-constituted Poestenkill Town Board, of which you are the presiding officer.

At that meeting, in full view of yourself, Poestenkill Town Councilperson Keith Hammond spoke for yourself and the Board, denigrating that Court decision, and calling me a "RETARD", which was on the record in an official Poestenkill Town Board meeting, where you presided, and where you let stand, without objection, that highly discriminatory position as an official response of the Town of Poestenkill, to myself, that in the opinion of the Town of Poestenkill, I was a "retard" or mentally-ill person, when the Town of Poestenkill and yourself are completely without evidence to support such a position.

end quotes

A question to be raised in further legal proceedings connected with this tortious conduct by these tortfeasors will be the extent to which this defamation colors the views of the Town Code Enforcer Officer Church, who is considered an officer who must take an oath of office, which gives him separate liability, as he has sworn not to obey Keith Hammond and whatever Keith Hammond tells him to do, but to uphold the Constitution of the United States and the Constitution of the State of New York, which brings us to the New York Human Rights Law, wherein is stated in § 290, "Purposes of article," as follows:

1. This article shall be known as the "Human Rights Law".

2. It shall be deemed an exercise of the police power of the state for the protection of the public welfare, health and peace of the people of this state, and in fulfillment of the provisions of the constitution of this state concerning civil rights.

3. The legislature hereby finds and declares that the state has the responsibility to act to assure that every individual within this state is afforded an equal opportunity to enjoy a full and productive life and that the failure to provide such equal opportunity, whether because of discrimination, prejudice, intolerance or inadequate education, training, housing or health care not only threatens the rights and proper privileges of its inhabitants but menaces the institutions and foundation of a free democratic state and threatens the peace, order, health, safety and general welfare of the state and its inhabitants.

end quotes

That raises a further legal question that in future litigation will have to be decided - the degree to which Code Enforcer Officer Church, who separate and apart from Town Supervisor Hammond has animus towards me because I would not sell him my engineering stamp to approve shoddy construction on his part that was rejected by the town building inspector, has responsibility for creating a very hostile environment for me in Poestenkill so that I am not afforded an equal opportunity to enjoy a full and productive life in this Town because of blatant discrimination, prejudice, and intolerance that not only threatens the rights and proper privileges of nyself, but menaces the institutions and foundation of a free democratic state and threatens the peace, order, health, safety and general welfare of the state and its inhabitants.

Paul Plante


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