THE TALK-1300 REPORT

thelivyjr
Site Admin
Posts: 74463
Joined: Thu Aug 30, 2018 1:40 p

Re: THE TALK-1300 REPORT

Post by thelivyjr »

TALK RADIO 1300 on April 14, 2016 at 4:24 pm:

And staying with this theme, for the moment, of state-sponsored discrimination in NYS based on creed and the politics of division and exclusion existing in this state as a matter of policy, notwithstanding Andy Cuomo’'s empty blather to the contrary, all leading in an unbroken line to the recent Hoosick Falls groundwater contamination fiasco, with discrimination being defined as the unjust or prejudicial treatment of different categories of people, how many people out there remember back to October of 1988, when then-Rensselaer County Executive John L. “"Jack”" Buono was heard talking about “"EIGHTY-THOUSAND BIG ONE$, Chris"” on the “Chris Kapostacy Show” on TV Channel 13 out of Albany by several millions of souls from Boston to Buffalo and New York City to Montreal tuned into Channel 13 that evening to follow to its apparent climax a long running saga in Rensselaer County that began in January of 1988 when the Times Union ran a story entitled "“DEVELOPERS SEE A ZEALOT IN NEW COUNTY HEALTH OFFICER”" by Laurie Anderson wherein was stated that the Rensselaer County Associate Public Health Engineer was involved in several fierce feuds with developers, the most public of which involved Stephen Anderson, who was attempting to rally the county legislature, Buono, and the state Health Department to make the Associate Public Health Engineer “more compliant?”

Did anyone wonder back then how Chris Kapostacey-Jansing, now a major-league, national media attraction on NBC television, got Rensselaer County Executive John L. Buono to openly discuss on TV what was in reality a BRIBE offered to him by a group of land developers in Rensselaer County in early-1988?

The answer to that pertinent question brings us to one of the more interesting documents in a lengthy FBI file concerning public corruption in Rensselaer County being investigated by the FBI back in 1989, an investigation that, incidentally, was turned off like a lightbulb on May 1, 1989 by then-Assistant United States Attorney BARBARA COTTRELL in the Office of the U.S Attorney for the Northern District of New York, with the FBI being ordered out of Rensselaer County after evidence surfaced of a powerful politician from Rensselaer County being found to have been involved in fraudulent land sales in Rensselaer County.

For those who are interested, like me, in the details, that document was 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 that was 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;

* 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.

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” with John Buono on the fifth floor of the Rensselaer County Office Building shortly after that NYSDOH conference was held, and an agreement 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, who was refusing to be compliant for Buono, the Rensselaer County legislature and the NYSDOH.

According to 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, Stephen Anderson, who two months earlier, according to Times Union, was attempting to rally the county legislature, Buono, and the state Health Department to make the Associate Public Health Engineer “more compliant,” opened the meeting and thus set in motion the unbroken chain of events which would lead to the Hoosick Falls groundwater contamination fiasco twenty-eight (28) years later, by stating to Dr. Leo Hetling, Director, and James “"Mr. Jimmy D.”" Decker of the Division of Environmental Protection of the New York State Department of Health, as follows:

MR. ANDERSON: We feel we'’ve got a situation in Rensselaer County.

We'’re not operating totally in the dark, but we really don’'t know where things are headed and which direction we should go in.

So we decided to start at the logical place, with the State and County people, and then meet with local Town officials, because we think that the development process is in a state of chaos in Rensselaer County right now.

end quotes

For those just joining in, this statement to Dr. Leo Hetling, Director, and James "“Mr. Jimmy D."” Decker of the Division of Environmental Protection of the New York State Department of Health on March 1, 1988 by Steven Anderson as to a “state of chaos in Rensselaer County right now” refers back to a January 13, 1988 letter entitled “Proposed Realty Subdivision, Spruce Run Section III, East Greenbush (T), Rensselaer County” from the same NYS Dept. of Health engineer James Decker to Rensselaer County Public Health Director Kenneth Van Praag on New York State Department of Health -– Office of Public Health stationary wherein was stated as follows with respect to that “state of chaos,” to wit:

A PREVIOUS PRACTICE OF REVIEWING AND APPROVING REALTY SUBDIVISIONS UTILIZING SUB-SURFACE SEWAGE DISPOSAL WHEN THE LAND DOES NOT CONFORM TO COUNTY HEALTH DEPARTMENT REGULATIONS HAS BEEN DISCONTINUED BY MR. PLANTE.

SAID ACTION IS IN ACCORD WITH THE REGULATIONS AND WITH ENSURING PROTECTION OF PUBLIC HEALTH.

THE PRESENT PROCESS IS IN ACCORD WITH THAT IN ABUTTING LOCAL HEALTH UNITS.

MR. PLANTE IS COMMENDED FOR THE PROGRAM IMPROVEMENT.

YOUR ANTICIPATED COOPERATION IN CONTINUING TO IMPLEMENT ENVIRONMENTAL HEALTH PROGRAMS REMAINS APPRECIATED.


Very truly yours,

James D. Decker, P.E., Regional Director of Environmental Health

CC: Ian T. Loudon, M.D., Regional Health Director-ARD, NYSDOH

William F. Leavy, Executive Deputy Director-Office of Public health, NYSDOH

Paul R. Plante, P.E., Rensselaer County Health Department

Richard Svenson, P.E. – Bureau of Community Sanitation and Food Protection, NYSDOH

Donald Davidoff, Director-Field Operations Management Group, NYSDOH

Since it was obvious to all concerned by March of 1988 that all efforts by the NYSDOH and John Buono and the Rensselaer County legislature had failed miserably to make the Rensselaer County Associate Public Health Engineer “more compliant,” which means make him into a political whore, the State Health Department under Andy Cuomo’'s dad, Mario, agreed to turn its back so that Buono could get rid of the engineer, but always cautious, Bob Smith, the then-Rensselaer County attorney wanted proof from the NYSDOH, in his words as I recall them, that if Rensselaer County was going to be putting itself out on a limb with respect to violating the law, it wanted proof positive that the NYSDOH was not going to come back around afterwards and chop it off, which the NYSDOH under Andy’'s dad, Mario Cuomo, thought was a reasonable request.

So the transcript, signed by a Notary Public and certified as accurate, a copy of which subsequently ended in the official files of the FBI in Albany, was placed in Bob Smith’'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 under Andy Cuomo’'s dad, Mario, was “in their pocket.”

As proof of that besides the transcript, the RENSSELAER COUNTY DEVELOPMENT COUNCIL also had at that 1988 meeting with Buono and Smith, "“Mr. Jimmy D."” himself of the NYSDOH 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.

As to how the transcript became public, on October 11, 1988, when Kapostacey-Jansing was preparing her “splice job” in her assigned role of “political assassin” on behalf of Buono, the Rensselaer County Associate Public Health Engineer presented her with a copy of the transcript, along with the full story of how and why the transcript had come into being, along with the $80,000 bribe offer to Buono.

Upon hearing that news, and becoming possessed of a copy of the transcript herself, Kapostacy-Jansing confronted Buono about the bribe offer.

And nothing more was ever heard of the matter after that.

Subsequently, when the FBI brought the Rensselaer County Associate Public Health Engineer into their already on-going HOBBS ACT investigation of Public Corruption in Rensselaer County, the Rensselaer County Associate Public Health Engineer gave them a copy of the transcript along with the full story of how and why the transcript had come into being, along with the $80,000 BRIBE offer to Buono.

And again, nothing more was ever heard of the matter after that.

Funny how it goes, isn’'t it.

What was set in motion when Andy Cuomo’'s dad Mario was in office as governor has come back around to bite his son Andy right in the ***, that being the Hoosick Falls groundwater contamination fiasco.

And how do I know about the “EIGHTY-THOUSAND BIG ONE$?”

Good question.

I was there in the room that day, listening to John Buono negotiating my fate as Rensselaer County Associate Public Health Engineer when the RENSSELAER COUNTY DEVELOPMENT COUNCIL made John Buono the offer, is how.

Paul Plante, NYSPE

http://www.talk1300report.com/2016/04/c ... ment-14451
thelivyjr
Site Admin
Posts: 74463
Joined: Thu Aug 30, 2018 1:40 p

Re: THE TALK-1300 REPORT

Post by thelivyjr »

TALK RADIO 1300 on April 22, 2016 at 6:01 am:

There is an interesting postscript to this Kinder Morgan story as follows concerning a “law” which was passed by the Rensselaer County legislature and signed by Kathleen Jimino as a Christmas gift to Kinder Morgan at the expense of the rights of the residents of Rensselaer County under the county charter, which has proved to be a totally worthless document for the majority of us here in Rensselaer County.

Simply stated, Jimino and the county legislature sold us out to benefit Kinder Morgan.

The details are these:

A fraud was perpetrated on each and every one of us in Rensselaer County by Rensselaer County government on December 2, 2015, when Rensselaer County Executive Kathleen Jimino signed into law in Rensselaer County a discriminatory and exclusionary, arbitrary, capricious and punitive “law” entitled “Drinking Water Protection Law” which served to strip ALL residents of Rensselaer County, regardless of where they reside in the county, of rights presently afforded us by law in the Rensselaer County Health District, where by law, and by County Charter, Kathleen Jimino has no authority or jurisidiction.

Jimino’s approval on December 2, 2015 of this so-called “Drinking Water Protection Law” was in violation of lawful procedure, and in excess of her jurisdiction.

The “Drinking Water Protection Law,” known as “The BIG BAMBOOZLE,” was a scam, a snookering of the people of Rensselaer County, which included falsehoods and outright fabrications or lies at p.6 of the December 3, 2015 Advertiser in the story entitled “Legis. Approves County Version Of Drinking Water Bill.”

That story started out “The Rensselaer County Legislature adopted a new and strengthened version of a county Drinking Water Protection at a special meeting on November 23.”

That, however, was patently false.

I personally was aware of two different versions of that bill floating around in cyberspace, and I had in hand a hard copy of the version actually signed into “law” by Jimino, and that final version gutted the prior versions and handed Kinder Morgan exemption from the law.

In other words, as said above, a flim-flam and bamboozle was pulled here by Rennsselaer County government that was harming all the residents of Rensselaer County.

The third sentence of the above-mentioned Advertiser article stated “The new law adopted November 23 offers a new level of protection to property owners and the county to ensure water resources are maintained for current and future generations.”

In reality, the new law signed by Jimino stripped ALL residents of Rensselaer County of existing protections of law, and thus, the “new” level of “protection” was considerably lower than it formerly was, to the point of being nonexistent.

In the Advertiser article, Rensselaer County legislator Judith Breselor, who represents Sand Lake, was quoted as saying, “This is an effective and flexible law that is at least as effective as any other drinking water law in upstate.”

As an engineer, I challenged that statement on behalf of the residents of Rensselaer County as being false and misleading statement in a letter to the editor in the Advertiser entitled “FOR KINDER MORGAN, CHRISTMAS CAME EARLY THIS YEAR!” wherein was stated as follows:

Thanks to the business-friendly Rensselaer County Legislature whose members, Democrat and Republican, would never okay legislation that would harm a business with a lot of money, and Rensselaer County Executive Kathleen Jimino, and most especially those Rensselaer County residents who cheered her on on December 2, 2015 as she signed away their rights, right in front of them, for giant pipeline company Kinder Morgan, Christmas came early this year, with this gift on December 2, 2015 called the “Rensselaer County Drinking Water Protection Law,” which exempts Kinder Morgan from having to comply with it, in Section 10 A(iii), which section exempts blasting done pursuant to a state or federal permit, which Kinder Morgan will have.

Section 10 A(iv) also allows exemptions in municipalities that decide to opt out of allowing the law to apply in their town, which I am sure Sand Lake will do out of deference to Troy Sand & Gravel, whose blasting is also exempted from having to comply with this bogus law, which is a piece of Swiss cheese that could not be kinder to Kinder Morgan if they had written it themselves.

Section 10B further allows the Rensselaer County Health Department to suspend or modify any part of the law they wish, which is another beautiful loophole for Kinder Morgan built into this early Christmas gift from the Rensselaer County Legislature, County Executive Kathy Jimino, and the residents of Sand Lake living near Burden Lake.

And speaking of beautiful loopholes for Kinder Morgan, Section 3(g) strips the citizens of Rensselaer County of their right to have someone completely independent of mining and blasting interests in this county do their well testing by forcing them instead to have to take someone on a list approved by the Rensselaer County Department of Health, which, like the New York State Department of Environmental Conservation, holds to the position that blasting does not harm groundwater wells, a point which was made in spades at a February 6, 2003 public hearing at Algonquin Middle School by the New York State Department of Environmental Conservation, concerning blasting at the TS&G mine in West Sand Lake.

So, all in all, looking at this “law” which is now binding, not on Kinder Morgan, but on the residents of Rensselaer County who demanded the Legislature approve this early Christmas gift for Kinder Morgan, and that Kathy Jimino sign this law, the only conclusion I can come to is that Santa Claus really loves Kinder Morgan, and wanted to make sure they got no coal in their stocking this Christmas season, and so it went.

Sincerely,

Paul Plante, NYSPE

http://www.talk1300report.com/2016/04/k ... ment-14505
thelivyjr
Site Admin
Posts: 74463
Joined: Thu Aug 30, 2018 1:40 p

Re: THE TALK-1300 REPORT

Post by thelivyjr »

TALK RADIO 1300 on April 23, 2016 at 4:51 pm:

Staying with the “BIG BAMBOOZLE” for one more moment, or “Rensselaer County Drinking Water Protection Law,” also known as “Jimino’s Flim-Flam,” a scam, a snookering of the people of Rensselaer County that was signed into “law” on December 2, 2015 by Rensselaer County Executive Kathleen Jimino as an early-Christmas present for Kinder Morgan at the expense of the people of Rensselaer County, who Jimino so slickly sold out, one of the more curious and indeed ironic documents to come into wide public circulation during that citizen’s campaign in Rensselaer County against the pipeline through the internet, one of the first instances in my experience of citizenship where the medium was used so effectively in a contest over local issues, was something from a group called Stop NY Fracked Gas Pipeline in Troy, New York, whoever they may have been, and truly affiliated with, dated November 12, 2015 at 9:35am and entitled “Victory: Nov.10 ‘Drinking Water Protection’ Bill for Rensselaer County, NY.”

That public announcement on November 12, 2015, twenty (20) days before “Jimino’s Flim-Flam,” or “BIG BAMBOOZLE” on December 2, 2015 where Jimino sold out the people of Rensselaer County to Kinder Morgan, informed the reader that “More than 400 citizens came out on the rainy night of November 10 and filled the Rensselaer County, NY legislative room to overflowing.”

It went on by stating, “They called on the Rensselaer County, NY legislators to bring forth a law that provided residents of Rensselaer County the same, if not more, protection from blasting than was given to residents of Albany County.”

“A petition, which garnered 3689 signatures (and counting) in less than one week, and which requested a strong Drinking Water Protection Bill was presented to these Rensselaer County, NY Legislators on Nov. 10 by leaders of Rensselaer County citizens’ groups.”

“In response to the wishes of several thousands of Rensselaer County citizens, and to determined negotiations behind the scenes, the Legislature ultimately proposed a bill even stronger than the bill passed earlier this year in Albany County.”

“Terry Nord of 'Save Burden Lake,' Sandy Nathan of 'Stop NY Fracked Gas Pipeline,' and Charlie Sullivan, a retired DEC environmental lawyer, publicly praised the legislators for listening to its citizens and encouraged a fast and unanimous approval of a new Drinking Water Protection Bill by the Rensselaer County, NY Legislators.”

“In response, the legislature announced that they will vote on the new proposed Drinking Water Protection Bill at a special session on November 23, 2015.”

“If this new bill is passed, the Rensselaer County Executive, Kathleen M. Jimino, will hold a public hearing on this new proposed law soon afterwards.”

“This new bill would provide:

* protection for wells one mile from the site of the blast

* provide additional protection for wells within 2 miles of a Federal Superfund site (Dewey Loefell Landsite)

* remove the sunset clause

* provide for pre and post blast testing

* make the blasting entity responsible for damages

“A cry of three cheers was loudly sounded by the completely filled legislative room after this announcement was made by the Rensselaer County legislators.”

“A member of the Rensselaer County Legislature remarked afterwards that the sheer amount and quality of the Drinking Water Protection Bill petitions collected in less than one week duly impressed his fellow legislators.”

“Furthermore, he noted, the persistent and respectful approach of activist groups like Stop NY Fracked Gas Pipeline and Save Burden Lake was a key factor in winning the legislators’ approval.”

written by Bob Connors Nov.12, 2015

end quote

That was November 12, 2015, twenty (20) days before “Jimino’s Flim-Flam,” or “BIG BAMBOOZLE” on December 2, 2015 where Jimino sold out the people of Rensselaer County to Kinder Morgan, and already the snookering or bamboozling of those several thousands of Rensselaer County citizens had begun, this time by the Rensselaer County Legislature, big surprise, and from all appearances by at least one of their own supposed “leaders” who fed them a bill of goods as to what they were getting from the Rensselaer County Legislature, and thereby enabled the Rensselaer County Legislature and Jimino to pull off the “Jimino Flim-Flam” without a hitch, as the gullible and trusting souls she was snookering with her “BIG BAMBOOZLE” cheered her on.

This, of course is where Jimino’s flim-flam, or major league snookering, comes in, as on December 2, 2015, and right under these people’s noses, Jimino signed into “law” a totally different version of the “Water Protection Law” from that which was under discussion at the November 10, 2015 Legislature meeting and was being cheered in the Legislature meeting by Terry Nord of “Save Burden Lake”, Sandy Nathan of “Stop NY Fracked Gas Pipeline”, and Charlie Sullivan, a retired DEC environmental lawyer, a version which exempted Kinder Morgan from the law, and then bound those cheering people into either having to accept that they had been screwed by Jimino, and likely at least one of their “leaders,” or they would have to challenge in court that which they were previously cheering Jimino for signing on December 2, 2015, which would make them look like the ultimate fools if they tried to take that case to court.

And that brings me back to this phrase from that public notice on November, 12, 2015, to wit: “determined negotiations behind the scenes.”

In my experience with Rensselaer County government, and it is considerable with regard to “determined negotiations behind the scenes,” the phrase “determined negotiations behind the scenes” is a euphemism for bribes offered and/or extortion demanded, or actually, it is a bit of both in reality, but democratically done, so the one side, for it to be fair in those “determined negotiations behind the scenes,” is always given the opportunity to outbid the other side.

That, of course, is fair in theory, because in practice, one side usually is going to have more, often much more, to bring to the negotiating table in these “determined negotiations behind the scenes” in Rensselaer County than the other, and from the ultimate outcome here, the citizens were outbid in the end in these “determined negotiations behind the scenes” that resulted in the “BIG BAMBOOZLE” or “Jimino’s Flim-Flam” on December 2, 2015 as an early Christmas present from Kathleen Jimino to Kinder Morgan, while the people of Rensselaer County got coal in their stocking.

In Rensselaer County, for the trusting, the unwitting, the unwary, the easy to gull and fool, and they seem to be many, that is the way it is, and the way it goes, and so it did, to our detriment, for while the beneficiary of the “BIG BAMBOOZLE,” Kinder Morgan may be gone from the scene, the fact is that the “BIG BAMBOOZLE” remains on the law books in Rensselaer County and is still very much alive to harm us if Kinder Morgan comes back, or another project comes along with industrial blasting, like all the hardrock mines the DEC is approving for Rensselaer County.

“Jimino’s Flim-Flam” exempts them from having to act to protect groundwater used for drinking water in Rensselaer County, just as Troy Sand and Gravel in WSL is presently exempted and excluded, which gives them license to deplete groundwater resources in Rensselaer County with no repercussions thanks to the “BIG BAMBOOZLE.”

Paul Plante, NYSPE

http://www.talk1300report.com/2016/04/k ... ment-14519
thelivyjr
Site Admin
Posts: 74463
Joined: Thu Aug 30, 2018 1:40 p

Re: THE TALK-1300 REPORT

Post by thelivyjr »

TALK RADIO 1300 on April 24, 2016 at 9:48 am:

And thanks to TALK RADIO 1300, with this dissection of the “BIG BAMBOOZLE,” or “Jimino’s Flim-Flam” as the “Rensselaer County Drinking Water Protection Law” that was signed into “law” on December 2, 2015 by Rensselaer County Executive Kathleen Jimino as an early-Christmas present for Kinder Morgan is known in Rensselaer County, we have the template for the Hoosick Falls groundwater contamination fiasco sitting there right in front of us, for all the world to see, not that it really matters all that much, since unlike Flint, Michigan, where three people have been brought up on criminal charges, as should be the case here, as well, no heads are going to roll in either Rensselaer County, or the state of New York, because unlike Flint, Michigan, here we have “protected people” who are quite literally immune from the law, so that they need not fear prosecution, no matter how egregious their wrongdoing in government office might be.

Twenty-seven (27) years ago, in a March 27, 1989 Report of the Federal Bureau of Investigation (FBI) concerning a federal Hobbs Act investigation of endemic corruption in the Rensselaer County DOH that was suppressed by the U.S Attorney for the Northern District of New York, and the Attorney General for the State of New York, it was stated in clear and unambiguous language that “(Name deleted) advised that he would not expect to find a worse county in the region (the Capital District region which comprises 17 counties)” and “In the case of Rensselaer County, it appears that the Rensselaer County Health Department was in business to facilitate developers and development rather than to protect the public.”

Twenty-six (26) years later, in November and December of 2015, we see the exact same thing happening, only more blatantly and in the open this time, with the “BIG BAMBOOZLE,” or “Jimino’s Flim-Flam,” the “Rensselaer County Drinking Water Protection Law” that was signed into “law” on December 2, 2015 by Rensselaer County Executive Kathleen Jimino as an early-Christmas present for Kinder Morgan to “facilitate developers and development rather than to protect the public” in Rensselaer County

And people wonder how the Hoosick Falls groundwater contamination fiasco could have happened.

What fools we are in this county.

We pay exorbitant taxes for services we don’t get from the corrupt Rensselaer County Health Department, which is still in business to facilitate developers and development rather than to protect the public, and never say boo about it, accepting it as our lot that we are really second-class citizens here in Rensselaer County, which we are in the minds of Rensselaer County Executive Kathleen Jimino and the Rensselaer County legislature because we are so accepting of that status in our own minds.

We even go to public meetings where the Rensselaer County legislature and Kathleen Jimino are snookering us, right before our eyes, and flim-flamming us, and bamboozling us, and screwing us to the wall, while rewarding developers with free passes from the operation of law in Rensselaer County, and not only do we accept it as our lot, but we give them three cheers as they are doing it.

So no wonder we had the Hoosick Falls groundwater contamination fiasco which has been very well covered over by Jimino acting in concert with the young Andy Cuomo regime, unlike Michigan, where heads have rolled and criminal charges have been filed, as they should have been here.

Because we are too stupid to care.

And what a legacy that is, that we are leaving to our grandchildren – the world you are going to inherit is a stinking, polluted mess because we really were too lazy to care, so suck it up, and if you beg pretty enough, maybe Andy Cuomo will come to town and drop off $TEN MILLION to shut you up like he did in Hoosick Falls with the Superfund money his lackey Basil Seggos got for Andy by unlocking the Superfund kitty, no questions asked.

Hey, it is their money to spend, afterall, so why should we care or question what they do?

And anyway, in Rensselaer County, and in New York state, it is far safer to keep your mouth firmly shut, lest by speaking out, you get yourself declared “mentally ill and dangerous,” and locked up in a cage in a secure mental facility as I was on 8/22/01 for daring to question why under Kathy Jimino, one would still not expect to find a worse county in the region than Rensselaer County, and why, in the case of Rensselaer County, the Rensselaer County Health Department was still in business to facilitate developers and development rather than to protect the public.

And such it is and such it goes, because people in Rensselaer County accept that that is the way it is supposed to be, and then teach their children that exact same thing – if you want protection of law in Rensselaer County, be sure you have plenty of money to buy it with, or like most of us, and especially me, you will find yourself, like the Burden Lake suckers who Jimino so slickly sold out in December of 2015 to benefit Kinder Morgan, with none at all.

Paul Plante, NYSPE

http://www.talk1300report.com/2016/04/k ... ment-14522
thelivyjr
Site Admin
Posts: 74463
Joined: Thu Aug 30, 2018 1:40 p

Re: THE TALK-1300 REPORT

Post by thelivyjr »

TALK RADIO 1300 on May 4, 2016 at 5:56 pm:

With respect to this now-famous Rensselaer County “protected persons” federal case discussed above, which allows the Rensselaer County District Attorney to dole out immunity from the law for “protected persons” in Rensselaer County like "“Boss"” Christ and Marty Reid, in the petitioner'’s brief to Sonia Sotomayor of the United States Court of Appeals for the Second Circuit, it was stated as follows:

With these simple facts well-settled, and agreed to among the parties herein, this appeal presents this Court, then, with a simple question of law, that being the objective reasonableness of Braaten'’s (doctor at Samaritan Hospital in Troy, New York) actions on August 22, 2001, where Timothy Holt, the alleged “reliable source” Braaten relied upon in determining appellant was an alleged dangerous mental patient is the head of custodial and janitorial services for the Rensselaer County Office Building in Troy, New York.

There is not one scrap or shred of evidence in the voluminous (603 page) Appendix Rensselaer County State Actors have placed before this Court in support of their issues in this appeal, which is the “objective reasonableness” of appellant’'s “seizure” at the Albany VA Hospital on August 22, 2001, that Timothy Holt is anything other than the head of custodial services for the Rensselaer County Office Building, and despite that lack of any credentials whatsoever, other than “cleaning rest rooms,” and “taking out trash” which apparently converted Holt into a “health officer” in the eyes of Braaten, on August 22, 2001, Braaten executed a NYSMHL § 9.45 order for appellant based on nothing more than Holt’'s say so that he, Holt, wanted it to be done that way.

That, say appellees, is what “objective reasonableness” looks like in Rensselaer County, in the State of New York, so, please, Justices of the Second Circuit Court of Appeals, put your judicial imprimatur on this conduct so stated, by denying this appeal, and thereby immunizing appellees in the eyes of the law, forever.

It is a simple question, actually, a yes, or a no: Should the head of Janitorial Services for the Rensselaer County Office Building have the unimpeded “constitutional” authority, 24/7, to hinder a New York State licensed professional engineer in the performance of his duties, who at the time in question was investigating alleged professional misconduct in the County of Rensselaer by Rensselaer County State Actor Appellees Carl Richard Aiken, P.E., and Kevin Joseph McGrath, L.S. in connection with a Rensselaer County Department of Health sewage system construction permit issued to appellee Jeffrey Pelletier, by having the unrestrained right to have appellant incarcerated at will in the secure mental hospital of Holt’'s choice, by the simple expedient of Holt calling Fiorino (nurse) at Samaritan Hospital, and putting in a request for a 9.45 order to be faxed over to Holt at the Rensselaer County Office Building, so Holt can then have the New York State Police seize appellant for transport to wherever Holt directs them to go.

end quotes

Judge Sotomayor answered that question in the affirmative, of course -– yes, the head of Janitorial Services for the Rensselaer County Office Building should have the unimpeded “constitutional” authority, 24/7, to hinder a New York State licensed professional engineer in the performance of his duties, if at the time he is investigating alleged professional misconduct in the County of Rensselaer by “protected persons” under the protection of Rensselaer County Executive Kathleen Jimino, by having the unrestrained right to have appellant incarcerated at will in the secure mental hospital of Holt’'s choice, by the simple expedient of Holt calling Samaritan Hospital, and putting in a request for a 9.45 order to be faxed over to Holt at the Rensselaer County Office Building, so Holt can then have the New York State Police seize appellant for transport to wherever Holt directs them to go.

With respect to the role the State of New York and the New York State Attorney General played in having this “protected person” status in Rensselaer County approved by Sonia Sotomayor of the federal 2d Circuit Court of Appeals in NYC, APPELLANT’S (Disabled Veteran) BRIEF IN REPLY TO APPELLEE WILLIAM SHEA, a New York State Veteran’s Service Officer and political enforcer then assigned to the Rensselaer County Office Building, in SUMMARY OF ARGUMENT, provided as follows:

Were this Court to simply adopt the standard of Appellate Court judicial review in the Second Circuit of pro se Civil Rights complaints originating in Rensselaer County in the State of New York requested of this Court by appellee William "“Buck"” Shea in his August 16, 2005 Memorandum Brief submitted to this Court on his behalf by Assistant New York State Solicitor General Julie Sheridan, and thereby, interpret the August 22, 2001 Police Report of VA Police Officer Arnold E. Kirkum annexed to the Amended Complaint of appellant as Exhibit F in a light most favorable to appellee Shea, as opposed to the appellant in this matter, what this court would clearly find concisely stated in a few short sentences in that official police report is that on the morning of August 22, 2001, a New York State Police BCI named Chris O'’Brien had faxed to Kirkum “direct admission paperwork” for appellant executed earlier that morning by appellees Braaten and Morris pursuant to New York State Mental Hygiene Law §§ 9.39 and 9.40, and that as a federal police officer, Arnold E. Kirkum took this “direct admission paperwork” very seriously, and so, when appellant arrived there at the Stratton VA Hospital in Albany, New York later on the morning of August 22, 2001 to see Dr. Charles Kennedy in the Viet Nam veteran’s program at the Stratton VA Hospital, appellant was immediately seized by VA personnel at Officer Kirkum’'s directive, based on the “direct admission paperwork” executed by Braaten and Morris earlier that morning, and appellant was then placed into involuntary psychiatric custody on the tenth floor of the VA Hospital, in the custody of a Dr. Cox, to appellant'’s detriment and harm, just as was intended by Morris and Braaten when they executed the “direct admission paperwork” pursuant to NYSMHL §§ 9.39 and 9.40, earlier that same morning.

It'’s all right there, in the record of that one single document, the August 22, 2001 official Police Report of VA Police Officer Arnold E. Kirkum annexed to the Amended Complaint as plaintiff’s Exhibit F.

That appellant was in fact taken into custody at the VA Hospital based upon this “direct admission paperwork” executed by Braaten and Morris on August 22, 2001, is irrefuted and irrefutable!

And in the same way that VA Police Officer Kirkum’'s August 22, 2001 Police Report annexed to the Amended Complaint as Exhibit F supports that sole conclusion, so does the unrebutted and uncontroverted affidavit testimony of an Albany, New York Police Officer at pages 468-480 of the extensive Appendix that appellees Jimino and Reiter have before this Court pursuant to Rule 30 of the Federal Appellate Rules of Procedure in support of their issues in this appeal.

The Albany Police Officer was an eye witness in the room with appellant and Dr. Cox, at a time when it is clear from Kirkum’'s own accounting of events that appellant was still in custody, and the Albany Police Officer confirms that was the case, himself, as Dr. Cox actually showed the Albany Police Officer a copy of the New York State Mental Hygiene Law § 9.45 arrest order executed that morning, August 22, 2001, by appellees Braaten and Fiorino that he was holding appellant in psychiatric custody on.

And not only does the unrebutted and uncontroverted affidavit testimony of the Police Officer support and corroborate the official account of Officer Kirkum that he had appellant seized on the morning of August 22, 2001 based on the “direct admission paperwork” of Braaten and Morris, it goes one necessary step further in filling in the blanks in Kirkum’'s records as to what actually did transpire with respect to appellant’'s unlawful imprisonment at the Stratton VA Hospital on August 22, 2001, between the time that Kirkum ordered appellant’'s seizure, at about 11:20 A.M., and the time that Dr. Wiliam Cox called Kirkum at about 2:20 P.M. on August 22, 2001 to inform Kirkum that he, Cox, was releasing appellant from involuntary psychiatric custody.

When the words of these two police officers are taken together as the unrebutted facts of what did occur at the VA Hospital on August 22, 2001, it becomes incandescently clear that on August 22, 2001, as was alleged in the Amended Complaint pursuant to Rule 8 of the Federal Civil Rules of Practice, there was an agreement between appellees Holt, Fiorino, Braaten, Morris, Reiter, Shea and Gallerie to act in concert to inflict an unconstitutional injury on appellant, by having him seized and held at the Stratton VA Hospital as an alleged dangerous mental patient, which goal was accomplished on August 22, 2001 by the overt act of making and filing a false report with Officer Kirkum on August 22, 2001, that earlier that morning, appellant had allegedly been seen and examined by Braaten and Morris at the Samaritan Hospital in Troy, New York, where appellant had allegedly been determined by Braaten and Morris to be mentally ill and dangerous!

Indeed, the affidavit testimony of the Albany Police Officer makes it patently clear that on August 22, 2001, Dr. Cox himself believed that appellant had been seen and examined by Braaten and Morris earlier that morning, and so, according to the Police Officer'’s unrebutted affidavit testimony, Cox was determined to the last to hold appellant in custody, until such time as the Police Officer was able to make a clear demonstration to Cox that Cox was holding appellant in unlawful imprisonment based on nothing more than a fraudulent instrument executed by Morris and Braaten, for which Cox himself would be personally liable, as a medical doctor licensed in the State of New York, were Cox to persist in the unlawful imprisonment of appellant for one moment longer.

At that time, as the official Police Report of VA Police Officer Kirkum reflects, and makes clear, Cox released appellant from custody.

And this lawsuit and appeal follow, based at this very preliminary stage of the proceedings in the Court below, where there have been no Rule 16 conferences, or an opportunity for discovery or further investigation afforded to appellant, upon that August 22, 2001 Police Report of Kirkum as direct evidence of the fact of appellant’'s seizure and imprisonment at the VA Hospital on August 22, 2001 and the role that appellee Shea himself played in causing that false imprisonment to happen.

At page 2 of his August 22, 2001 Police Report at page 275 of the Jimino/Reiter Appendix, Officer Kirkum makes it patently clear that on August 22, 2001, he made contact with “NY State Veteran Service Officer Bill Shea” who, according to Officer Kirkum, told Officer Kirkum that appellant “had made numerous alleged verbal threats” against appellee Jeffrey Pelletier, and that somehow, these alleged threats against Pelletier “were received by both Reiter and Shea by telephone!”

Based on this conversation with Shea, Officer Kirkum then called New York State BCI Chris O’Brien to obtain the “direct admission paperwork” for appellant that Morris and Braaten had executed earlier that morning.

According to Officer Kirkum'’s report, it was Shea himself who was responsible, along with Reiter, for having gotten that fraudulent “direct admission paperwork” for appellant in the first place, and so, based on this VA Police Report as evidence, at this very preliminary stage of the proceedings in the Court below, this August 22, 2001 VA Police Report is the only independent documentary evidence which exists to date as to what transpired at the Stratton VA on August 22, 2001, between 8:25 A.M. that morning, when appellee Gallerie called Kirkum at the VA to falsely report to him that appellant was a psychiatric patient in her care, and that he was mentally ill and dangerous and in need of immediate psychiatric confinement should appellant come to the VA Hospital that day, and about 2:25 P.M. on August 22, 2001, when Cox called Kirkum in the Comm Center of the VA Hospital to report that appellant was being released from the custody of his false imprisonment resulting from his seizure earlier that day based on nothing more than the fraudulent “direct admission paperwork” executed by Braaten and Morris on the morning of August 22, 2001, which fraudulent “direct admission paperwork” serves as the basis of the 42 USC § 1983 complaint against Braaten and Morris before the Court in this instant appeal.

end quotes

For the record, New York State BCI Chris O’Brien was assigned to the Office of the Rensselaer County District Attorney at the time that fraudulent 9.45 psychiatric arrest order was passing through that office on its way to the Office of the U.S. Attorney for the Northern District of New York and the VA Police at Stratton V.A. Hospital in Albany.

All of that conduct was approved by Sotomayor and the federal 2d Circuit Court of Appeals in NYC, which now makes that conduct “law of the land” in Rensselaer County, which means it could be done to anyone lacking political protection like the plaintiff/appellant in that case.

With respect to the issue of Kathy Jimino'’s “executive privilege,” paragraph #12 of a November 10, 2003 Affirmation in Support of Motion to Dismiss Complaint pursuant to FRCP 12(b)(6) by David E. Rook, Esq., an attorney and counselor at law with the law offices of Thuillez, Ford, Gold, Johnson & Butler, LLP, attorneys representing the Defendants Northeast Health, Inc.; Samaritan Hospital of Troy, New York; Adrian A. Morris; John C. Braaten; Carol Fiorino and Bernadette R. Hallam, provided as follows:

12. Any actions alleged to have been taken by the Samaritan Defendants, were taken under the authority of NYS Mental Health Law and were taken for the benefit of the Plaintiff (disabled veteran) and society at large.

Furthermore, all of the actions taken by the Samaritan Defendants in connection with Plaintiff'’s emergency admission are privileged by NYS Mental Health Law.

Any attempt to characterize Plaintiff'’s Amended Complaint as supporting a claim for false imprisonment must fail due to this privilege.

The existence of the privilege, as a matter of law, may be determined by presuming Plaintiff’'s allegations to be true and referencing the documents appended to his complaint.

end quotes

When this attorney Rook informed federal district court for the northern district of New York that “"Any actions alleged to have been taken by the Samaritan Defendants, were taken under the authority of NYS Mental Health Law and were taken for the benefit of the Plaintiff (disabled veteran) and society at large,"” it is all of you people out there in Rensselaer County that he is referring to as “for the benefit of society at large.”

So you people now complaining about “protected persons” in Rensselaer County should take a moment here to reflect on all that was done in your name in that matter, using your tax dollars to have “protected person” status in Rensselaer County given the federal government seal of approval.

Think how much the County of Rensselaer and the State of New York love you, to have done so much for you, for your benefit, and then stop complaining because people in Rensselaer County like "“Boss"” Christ and Marty Reid are taking advantage of that which your own tax dollars have provided them.

Paul Plante, NYSPE

http://www.talk1300report.com/2016/05/n ... ment-14618
thelivyjr
Site Admin
Posts: 74463
Joined: Thu Aug 30, 2018 1:40 p

Re: THE TALK-1300 REPORT

Post by thelivyjr »

TALK RADIO 1300 on May 22, 2016 at 7:09 pm:

With respect to the willingness of the Office of the New York State Attorney General to not only decline to present evidence to a grand jury, but to refuse outright to consider such a request, while getting quite ugly and testy and threatening and retaliatory about it when pushed to do so, my first face-to-face encounter with the Office of the New York State Attorney General, which was to begin an adversarial relationship which lasts to this day, occurred in early-1989, subsequent to then-New York State Health Commissioner Dr. David Axelrod, named Commissioner by Gov. Hugh L. Carey in 1979 who became Gov. Mario M. Cuomo’'s most influential cabinet member, with authority far beyond health issues, filing as a public record with the Rensselaer County Clerk a Report of Investigation of corruption in the Rensselaer County Department of Health which verified charges of criminal conduct by then-Rensselaer County Public Health Director Kenneth Van Praag, who, though not qualified to be a medical doctor in New York state, was allowed by the state DOH to serve as one in the Rensselaer County Health District, where we presently have ground water contamination issues.

That March 15, 1989 Axelrod Report of Investigation was the subject of a U.S. Department Of Justice Federal Bureau Of Investigation Report dated June 30, 1989, wherein was stated in relevant part as follows:

During the time that these (disciplinary) 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 Paul Plante against the Rensselaer County Department of Health.”

end quote

For the record, misfeasance and malfeasance by public officials are criminal offenses in New York state, and the Paul Plante who made those charges and then backed them up with credible evidence was myself, the writer of this post, which then earned me the sobriquet in Rensselaer County and New York state political circles of a “rat” or a “squealer,” which is someone who needs to be punished in return, as if Rensselaer County and New York state government were in reality a Mafia organization where “snitches” are simply not allowed, nor tolerated, and need to be publicly punished to make an example out of them to others who might be tempted to follow suit.

That Federal Bureau Of Investigation Report dated June 30, 1989 continued as follows:

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 found, Paul Plante was found to be accurate in his statements of inappropriate code reviews.”

end quotes

With respect to my purpose for meeting with the Office of the New York State Attorney General on that day in early-1989, the Axelrod Report stated as follows with respect to ten (10) years of gross negligence by the New York State Department of Health with respect to public health protection in Rensselaer County which should have resulted in some heads rolling, which was my purpose for being there, to make that process happen:

Finally, the state Health Department has not exercised appropriate oversight of (Rensselaer) County performance.

Clearly, since 1978 the (state Health) Department has failed to identify the extent to which the (Rensselaer) County programs were deviating from its own standards.

end quotes

With respect to outright criminal conduct by the Rensselaer County Public Health Director, the March 1989 Axelrod Report stated as follows:

In some cases, plans were improperly approved/signed by the Public Health Director 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.

end quotes

In other words, the Rensselaer County Public Health Director, although not qualified nor licensed to practice as a professional engineer in New York state, nonetheless was acting as one, anyway, which is a Class E felony in New York state.

That it is a Class E felony is made clear by N.Y. Education Law § 6512, “Unauthorized practice a crime,” wherein is stated in relevant part as follows:

1. Anyone not authorized to practice under this title who practices or offers to practice or holds himself out as being able to practice in any profession in which a license is a prerequisite to the practice of the acts, or who practices any profession as an exempt person during the time when his professional license is suspended, revoked or annulled, or who aids or abets an unlicensed person to practice a profession, or who fraudulently sells, files, furnishes, obtains, or who attempts fraudulently to sell, file, furnish or obtain any diploma, license, record or permit purporting to authorize the practice of a profession, shall be guilty of a class E felony.

end quote

As to that March 15, 1989 Axelrod Report and my visit to the Office of the New York State Attorney General in early 1989, New York Public Health Law § 10, “Legal presumptions; evidence,” provides as follows”

1. The actions, proceedings, authority, and orders of the department in enforcing the provisions of the public health law and the sanitary code applying them to specific cases shall at all times be regarded as in their nature judicial, and shall be treated as prima facie just and legal.

2. The written reports of state and local health officers, inspectors, investigators, nurses and other representatives of state and local health officers on questions of fact pertaining to, concerning or arising under and in connection with complaints, alleged violations, investigations, proceedings, actions, authority and orders, related to the enforcement of this chapter, the sanitary code or any local health regulation shall be presumptive evidence of the facts so stated therein, and shall be received as such in all courts and places.

The persons making such reports shall be exempt from personal liability for the statements therein made, if they have acted in good faith.

end quotes

The written reports of state and local health officers, in that case, myself and Dr. Axelrod, related to the enforcement of the New York State Public Health Law, the sanitary code or any local health regulation shall be presumptive evidence of the facts so stated therein, and shall be received as such in all courts and places, and the persons making such reports, in that case, myself, shall be exempt from personal liability for the statements therein made, if they have acted in good faith.

Doesn'’t that sound good on paper?

I thought so, anyway, on that day in early-1989 when I presented myself at the Office of the New York State Attorney General in Albany as a witness, to press for this tawdry matter being presented to a grand jury by the New York State Attorney General to put an end to this public corruption for once and for all, while the evidence was fresh before us, in a manner it was never likely to be in again.

In my naivete and ignorance at that time of the role politics plays in who is immune from the law in New York State and who is not, I thought the Office of the New York State Attorney General would want to jump right on that, to make an example that I thought needed being made, along with then-NYS Health Commissioner Axelrod.

In that meeting in question, the Office of the New York State Attorney General quickly disabused me of the silly notion that any heads were going to roll in that matter, other than mine, as punishment for sticking my nose where the Office of the New York State Attorney General felt it didn’'t belong, and for opening my mouth, when I should have had, in their words, the good sense to keep it shut, which is to say, accept the corruption.

"“We are the state’'s lawyer, Paul, you fool,"” is what I was told by the Office of the New York State Attorney General in early-1989 when I went there to press for grand jury action in that matter.

"“We don'’t prosecute the state for negligence, misfeasance, malfeasance and other criminal conduct, you ignoramus; we protect the state against such charges brought by fools like you who think you can buck the system.”"

In other words, despite the clear and unequivocal language of New York Public Health Law § 10, the Office of the New York State Attorney General was going to ensure that that written report of myself and Dr. Axelrod related to the enforcement of the New York State Public Health Law and sanitary code in Rensselaer County was never going to be received as presumptive evidence of anything in any courts and places in New York state, including federal court, and the person making such report, in that case, myself, was a fool if he thought he was going to be exempt from personal liability for the statements therein made, precisely because I had acted in good faith, and thus, had violated the Code of Omerta.

And such it came to pass as was foretold.

No heads rolled, and true to its promise, the Office of the New York State Attorney General saw to it in subsequent court actions brought on by myself that that March 15, 1989 Report of Investigation never saw the light of day in any court proceedings, or grand jury proceedings, either, such is the power of that Office to bury evidence of crimes committed to protect and preserve public corruption in New York State.

Accordingly, while I wholeheartedly agree with Jim Franco that the family and friends of the person on the other end of deadly force deserve an open and impartial investigation into the circumstances, I think we are deluding ourselves when we pretend that such an open and impartial investigation into the circumstances of the Thevenin shooting will come from the politically-motivated Office of the New York State Attorney General.

If someone out there can disabuse me of that notion with evidence that the Office of the New York State Attorney General is not politically-motivated, I should be happy to consider it, but to date it has not been forthcoming, which leads me to believe it doesn’'t exist.

More to come, stay tuned.

Paul Plante, NYSPE

http://www.talk1300report.com/2016/05/t ... ment-14985
thelivyjr
Site Admin
Posts: 74463
Joined: Thu Aug 30, 2018 1:40 p

Re: THE TALK-1300 REPORT

Post by thelivyjr »

TALK RADIO 1300 on June 1, 2016 at 2:17 pm:

With respect to the unlawful actions the Office of the New York State Attorney General can employ with impunity and immunity from the law to keep evidence of corruption away from the scrutiny of a Supreme Court Justice, winding its way through the appeals process at the appellate court level in Albany, as we speak in here, is an appeal dealing with exactly that – the right to petition the Supreme Court of Rensselaer County for redress of grievance when harmed by alleged lawlessness at hands of the New York State Department of Environmental Conservation that is being defended by the Office of the New York State Attorney General.

In an 8 October 2015 writing to Hon. Michael Melkonian, Acting Justice of the Supreme Court, Supreme Court, Rensselaer County, RE: Rensselaer County Index No. 204938; Partial Reply to 28 August 2015 Affirmation of Assistant Attorney General Marie Chery-Sekhobo in Opposition to the Motion to Recommence; Right of pro se petitioners to seek redress of grievance, which writing forms the basis for this appeal, the Supreme Court was informed by myself as follows with respect to the unlawful tactics the NYS Attorney General employs to deny me access to Court:

THE RIGHT OF ACCESS TO REDRESS OF GRIEVANCE

With respect to exhausting administrative remedy as a steel-jawed trap and the manner that I am proceeding herein as a result in connection with this above proceeding in the light of the August 16, 2002 admission of Assistant New York State Attorney General Lisa Ullman in Matter of Paul R. Plante v. The New York State of Mental Health et al., Rensselaer County Index No. 203712 that this petitioner pro se had been involuntarily committed to the Veteran’s Administration Hospital pursuant to Mental Hygiene Law 9.45 for several hours on August 22, 2001, in August of 2001, while acting in a position of public trust or place of confidence as a New York State licensed professional engineer, this petitioner pro se was conducting a lawful investigation pursuant to the New York State Education Law, the New York State Public Health Law and the Rensselaer County Sanitary Code into deliberate falsification of inspection data and fraudulent submissions to the Rensselaer County Department of Health and Town of Poestenkill Building Department in connection with the issuance of a Rensselaer County Department of Health sewage system construction permit to Jeffrey Pelletier, a “protected person” in Rensselaer County, on May 22, 2001.

end quote

Jeffrey Pelletier, the “protected person” who stars in this video https://www.youtube.com/watch?v=M89m5TEuu3M , has his “protected person” status in Rensselaer County because of the Office of the New York State Attorney General, not in spite of it.

The New York State Attorney General successfully defended Jeffrey Pelletier’s “protected person” status all the way to the federal 2d Circuit Court of Appeals in New York City in 2005.

When you hear “protected person” Jeffrey Pelletier in that video saying, “Who are you going to show that video to, nobody cares,” who he is talking about there is the Office of the New York State Attorney General.

When you hear him mocking me in the video as a disabled veteran, calling me a “******* retard,” the Office of the New York State Attorney General doesn’t care about that, either.

And when “protected person” Jeff Pelletier was able to use that same fraudulent New York State Mental Hygiene Law 9.45 psychiatric arrest order unlawfully issued to Rensselaer County Executive Kathy Jimino on 22 August 2001 to deny me access to Rensselaer County Supreme Court and thereby strip me of my voice in this county, the Office of the New York State Attorney General had his back, which point is made as follows in that 8 October 2015 writing to Hon. Michael Melkonian, Acting Justice of the Supreme Court, Supreme Court, Rensselaer County, RE: Rensselaer County Index No. 204938, and forms the basis for this appeal, the use of a fraud to deny me justice in Rensselaer County:

On November 8, 2002, one (1) month after Judge Canfield’s October 3, 2002 Decision in Plante v. Planning Board et al., supra, at issue in this above matter, and three (3) months after Assistant New York State Attorney General Lisa Ullman successfully defended the issuance of that fraudulent Mental Hygiene Law § 9.45 order in Matter of Paul R. Plante v. The New York State of Mental Health et al., Rensselaer County Index No. 203712, in response to this petitioner pro se’s challenge of that fraudulent permit, Jeffrey Pelletier, the “protected person,” submitted that same fraudulent Mental Hygiene Law § 9.45 order into evidence in Rensselaer County Supreme Court in Matter of Plante v. Town of Poestenkill et al., Rensselaer County Index No. 206046, along with a Verified Answer, wherein “protected person” Pelletier stated under oath as follows:

11. Paul R. Plante has a history of commencing baseless and meritless administrative and court proceedings against his neighbors and governmental bodies.

12. Mr. Plante, by his own allegations contained in the original petition herein, admits to suffering from serious mental illness and, therefore, lacks the necessary judgment to commence pro se actions.

End quotes

That this petitioner pro se does not suffer from serious mental illness and never made such an admission, of course, was completely immaterial in that proceeding, where Poestenkill Town Attorney Patrick J. Tomaselli, who had unsuccessfully defended the Town of Poestenkill before Judge Canfield in Plante v. Planning Board et al., supra, was also appearing as counsel for the Town of Poestenkill.

Pelletier’s sworn assertion to Rensselaer County Supreme Court in that proceeding that this petitioner pro se suffers from serious mental illness was based solely on the fraudulent Mental Hygiene Law § 9.45 order successfully defended three (3) months earlier by Assistant New York State Attorney General Lisa Ullman in Matter of Paul R. Plante v. The New York State of Mental Health et al., Rensselaer County Index No. 203712, and in that sense, was a gift to Pelletier from the Office of the New York State Attorney General that allowed Pelletier to defeat this petitioner pro se’s challenge of his fraudulent Rensselaer County Health Department sewage system construction permit, while granting Pelletier immunity from the law, which brings us to the manner in which this petitioner pro se is proceeding in this above matter.

Respectfully,

Paul R. Plante

CC: New York State Attorney General Eric T. Schneiderman
The Capitol
Albany, N.Y. 12224-0341
Marie Chery-Sekhobo, Of Counsel

So when I read above that “fifty-one percent say they trust the state Attorney General,” I believe it is safe to say that that percentage includes Rensselaer County “protected person” Jeffrey Pelletier of Poestenkill who has good reason to trust the state attorney general to protect government corruption, because he has, and so has a good track record.

Paul Plante, NYSPE

http://www.talk1300report.com/2016/05/p ... ment-15073
thelivyjr
Site Admin
Posts: 74463
Joined: Thu Aug 30, 2018 1:40 p

Re: THE TALK-1300 REPORT

Post by thelivyjr »

TALK RADIO 1300 on June 2, 2016 at 6:25 am:

With respect to fifty-one percent of the people polled saying they trust the state Attorney General, this is one of those rare moments in time when we get an opportunity to go behind the scenes to see what that “trust” is really all about, and if you are, like me, for honesty and integrity in OUR government, you won'’t find that “trust” the majority of those polled had for the attorney general encouraging.

Now, as a “protected person” in New York state, thanks to the efforts and protection of the New York State Attorney General, when Jeffrey Pelletier, the “protected person,” submitted a fraudulent Mental Hygiene Law § 9.45 order into evidence in Rensselaer County Supreme Court on November 8, 2002 in Matter of Plante v. Town of Poestenkill et al., Rensselaer County Index No. 206046, along with a Verified Answer wherein “protected person” Pelletier stated under oath in para. 11 that “"Paul R. Plante has a history of commencing baseless and meritless administrative and court proceedings against his neighbors and governmental bodies,”" he was speaking with the voice of the Office of the New York State Attorney General, as well as the Town of Poestenkill, and Rensselaer County, all of whom were backing him, with taxpayer money, so an analysis of that statement gives us a good idea of what the Office of the New York State Attorney General itself considers to be “a history of baseless and meritless administrative and court proceedings against governmental bodies” in corrupt New York state.

That analysis also serves to shine a spotlight on the outright contempt the Office of the New York State Attorney General has for the law in New York state, as well as the citizens of the state who rely on the law for protection.

With respect to what “protected person” Pelletier and the Office of the New York State Attorney General consider to be “baseless and meritless administrative and court proceedings against his neighbors and governmental bodies,” we of course start with the March 15, 1989 Report of Investigation of the Rensselaer County Department of Health filed as a public record with the Rensselaer County Clerk by then-NYS Health Commissioner Dr. David Axelrod.

With respect to the alleged “baseless and meritless” nature of that administrative proceeding, in a March 27, 1989 Report of the Federal Bureau of Investigation (FBI) concerning federal Hobbs Act investigation of corruption in the Rensselaer County (State of New York) Department of Health, it was stated as follows concerning that report:

“According to (name deleted), the results of the State'’s investigation were that New York State laws were not being followed by the Rensselaer County Health Department, Rensselaer County laws were not being followed by the Rensselaer County Health Department, and there was very little ‘enforcement activity’ even in the face of illegal sales.”

“(Name deleted) advised that the Rensselaer County Health Department’'s oversight of realty subdivisions in that county is ‘unsatisfactory’!”

“(Name deleted) also faulted the State of New York Health Department for not auditing Rensselaer County'’s program.”

“(Name deleted) advised that he would not expect to find a worse county in the region (the Capital District region which comprises 17 counties)!”

“According to (name deleted), the object of any county health department is to protect the public and not to facilitate development.”

“In the case of Rensselaer County, it appears that the Rensselaer County Health Department was in business to facilitate developers and development rather than to protect the public.”

end quotes

In another U.S. DEPARTMENT OF JUSTICE – FEDERAL BUREAU OF INVESTIGATION report dated June 30, 1989, it was stated as follows concerning what “protected person” Pelletier and the Office of the New York State Attorney General consider to be “baseless and meritless administrative and court proceedings against his neighbors and governmental bodies,” to wit:

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 Paul Plante 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 (1978-1988).”

******

Under the “FINDINGS” section of this report, the report stated “whenever documentation could be found, Paul Plante was found to be accurate in his statements of inappropriate code reviews.”

end quotes

So there is a good starting glimpse at what the Office of the New York State Attorney General considers to be “a history of baseless and meritless administrative and court proceedings against governmental bodies.”

I wonder if the people drinking chemically-contaminated water in Hoosick Falls would consider my actions in that matter to be as “baseless and meritless” as the Office of the New York State Attorney General does.

Think about it, people, and as always, more to come.

Paul Plante, NYSPE

http://www.talk1300report.com/2016/05/p ... ment-15085
thelivyjr
Site Admin
Posts: 74463
Joined: Thu Aug 30, 2018 1:40 p

Re: THE TALK-1300 REPORT

Post by thelivyjr »

TALK RADIO 1300 on June 11, 2016 at 7:36 am:

(sign being held by boy in TWITTER photo)

"“I'’m only six."”

"“Can you ignore this?”"

Well, based on my long experience as a qualified public health engineer in the State of New York, the answer to that question is most assuredly yes -– of course they can ignore it, and most likely they will, because they have been ignoring it since at least the 1970s, with impunity.

Poisoned people like this boy are a dime a dozen in New York state, not even a blip on the political radar.

With respect to that, let'’s drop back in time and take a stroll down memory lane in the pages of the now-defunct METROLAND –- The News Weekly Of The Capital Region, where we find a story entitled "“Down For The County -– Since becoming Rensselaer County Environmental Health Director, Paul Plante has taken the Sanitary Code very seriously – and it may be costing him his job”" by Stephen Leon dated April 20, 1989, wherein was stated:

"“Rensselaer County,"” says Paul Plante, “"was a whorehouse; you could come in and do whatever you wanted to do.”"

Plante is referring to the review process for subdivisions and sewage systems from roughly 1978 until his hiring (from 1982 until he came on in 1986, the county had no environmental health engineer at all).

The State DOH report, in more official-sounding language, backs up the essence of Plante’'s claim.

“Whenever documentation could be found,” the report says, “Mr. Plante was found to be accurate in his statements of inappropriate code reviews …”

What the report did conclude was this:

“While all the allegations could not be verified, many were founded.”

“In many cases, the county did not follow its own Code and policy guidance.”

Judith Enck, co-chair of Rensselaer County Environmental Action, is concerned about these numbers, about what they will mean for the county'’s drinking water.

"“That'’s why the Paul Plante situation is so serious,”" Enck says.

"“The county desperately needs a person of Paul Plante'’s caliber in that position."”

Enck'’s concern is not shared by developers, and apparently not by Democratic county legislators, who, Plante supporters charge, have used the controversy surrounding Plante as a way of politically damaging the county executive, a Republican.

Enck and Buono specifically point to anti-Plante activity by Democratic legislators Daniel Ashley, Marilyn Douglas and Joseph Manupella as a turning point in the Plante controversy.

“They would hold news conferences attacking Paul,” Enck says.

“They held a series of public hearings which were nothing more than media circuses.”

The public hearings, held on various dates last year, are described identically by Buono, Enck and Plante: as one-sided forums designed to crucify the environmental health director.

At an East Greenbush hearing last Aug, 23, they say, the first thing anyone saw on their way in was Paul Plante hung in effigy outside the building.

“That was sick,” Buono says, “really sick.”

Plante was asked by Van Praag not to attend the hearings, but he went anyway – and was not given a chance to speak.

"“I was very naïve,”" recalls Enck, who attended the East Greenbush hearing.

"“I really thought these legislators wanted to hear about how septic systems impact on water quality and how development patterns impact on land use.”"

"“And from my testimony and from sitting there observing the rest of the evening, it became very clear to me that these legislators did not really care about the facts, but were trying to jump on a political issue in which they could criticize Buono."”

Enck, who lives on a land cooperative in Poestenkill called Common Farms, first met Plante when the cooperative needed approval for development.

"“We didn'’t get the answer [from Plante] we wanted,"” she says, but adds that Plante was right.

"“We did not fully understand the regulations- he explained them to us, and erred on the side of caution, as everyone in that position should.”"

"“We'’re not good friends - in fact we’'ve had disagreements.”"

"“But I really respect his commitment to protecting the environment through his job."”

Enck wonders aloud where Buono’'s commitment to Plante went.

"“I defy anybody to say Rensselaer County did not support Paul Plante'’s engineering."”

And Buono does not feel that, should Plante indeed be dismissed from his post, his successor will be left with a message to back off and let developers have their way.

Judith Enck isn'’t so sure.

“Even if a really good person is chosen to replace Paul,” she asks, “how are they going to function?”

"“I doubt that person is going to feel very confident about taking any risks.”"

end quotes

How very right Judy was, as this six-year old child can testify –- spot on, as the Irish would say.

For the record, for those who might not remember, Marilyn Douglas was the county legislator elected by the people of Hoosick Falls and the Town of Hoosick to represent them in the Rensselaer County legislature, which has deigned to hold no hearings of any kind with respect to the PFOA contamination in Hoosick Falls

One of those hearings I was not allowed to speak at back then was held right there in Hoosick Falls, in fact, and perhaps this six-year old child’'s grandparents were in the room screaming to have the Rensselaer County Associate Public Health Engineer kept out of Hoosick Falls and the Town of Hoosick so they would be free to do whatever they wanted up there with respect to polluting and contaminating the groundwater.

And now, the chickens for this six-year old have come home to roost.

Funny how that all goes, isn’'t it.

And in a few days, or even less, this news story won'’t even be on the back burner, it will be clean off the stove, as well, and this six-year old boy will be forgotten.

Such it is and so it goes.

Paul Plante, NYSPE

http://www.talk1300report.com/2016/06/t ... amination/
thelivyjr
Site Admin
Posts: 74463
Joined: Thu Aug 30, 2018 1:40 p

Re: THE TALK-1300 REPORT

Post by thelivyjr »

TALK RADIO 1300 on June 11, 2016 at 1:29 pm:

This young man, Jim, I won’'t call him a boy, despite his tender years, is learning a life lesson in what depraved indifference to human life and suffering is really all about in real life, the real life that young man now has to live with, with that PFOA contaminating his blood.

Callous indifference.

We Viet Nam war veterans who were poisoned with Agent Orange can really commiserate with this young man, because once that **** is inside you, it is you that owns it, just as it owns you, not those outwardly responsible for it having got there in the first place.

They are able to wash their own hands of responsibility, and move on, which they have done.

We have been talking about this on this site for months and months and months now, with all kinds of official records, including FBI records, for whatever they are worth, which really isn'’t much, at all, showing how this PFOA poisoning of the young man above here is the end result of a long, unbroken trail of negligence and misconduct and incredible greed coupled with a callous disregard for human life and health and depraved indifference to human suffering, and there hasn'’t been a peep out of anybody from the governor on down to dispute or refute any of it, which can'’t be done, since it is all public record.

And there hasn'’t been a peep out of any elected official about any hearings, or any heads rolling, outside of a perhaps weak or half-hearted attempt by Congressman Chris Gibson to stir the Democrats on the congressional Committee on Oversight and Government Reform Chairman out of their somnolence and torpor and total lack of interest in opening up a can of worms that would embarrass fellow Democrat and future president of the United States Andy Cuomo.

That story is told by the Times Union in the article “"Gibson: Congress should probe PFOA crisis -– U.S. Rep Chris Gibson wants investigation of state and federal PFOA response"” by Kenneth C. Crowe II on Thursday, May 12, 2016, a month ago now, wherein we were told, "“U.S. Rep Chris Gibson has requested a congressional investigation of the state and federal response to the PFOA contamination of water supplies in Hoosick, Hoosick Falls and Petersburgh similar to hearings held earlier this year on Flint Michigan’s water crisis.”"

The silence since has been so loud it actually hurts one’s ear drums to listen to it.

That article continued by informing us that “Gibson, R-Kinderhook, wrote House of Representatives Committee on Oversight and Government Reform Chairman Jason Chaffetz, R-Utah, Tuesday to request the committee investigation.”

As the TU tells us, this is the same committee that questioned Michigan Gov. Rick Snyder in March in Washington, D.C., about the lead contamination of Flint’'s municipal water supply and the government’s role in the crisis.

According to the TU a month ago now, Gibson released his letter to Chaffetz Wednesday noting, "“Regrettably, the New York Legislature has changed course and now will not conduct oversight hearings on what went wrong and why, after stating they would be holding hearings on the matter."”

Depraved indifference?

Callous disregard?

Cowardliness?

Or are they just too busy raising money for their political warchests to have the time?

Take your choice, people, for every excuse is equal to every other excuse.

Getting back to the TU article, in his letter, Gibson linked the Flint and Capital Region water crises asserting it’s “critically important” to have transparency in state and federal responses to water emergencies.

As the TU states, residents in the rural towns and village of eastern Rensselaer County criticized the response by the state Department of Environmental Conservation, state Health Department and U.S. Environmental Protection Agency to the PFOA crisis, for all the good it did for them, or this six-year old young man above here, holding the sign asking these politicians who are ignoring him “"Can you ignore this?"”

In the TU article, Congressman Gibson is quoted as follows:

"“Although there have been actions taken to address these problems, many of my constituents are deeply concerned with potential ongoing health risks to their families, delayed and confused responses by the state and federal agencies involved, and lack of accountability to find out what happened and why it was allowed to go on after the initial detection of the contamination of their water supply,"” Gibson wrote in the letter.

"“It is this last component regarding accountability that I am referring to the House Oversight and Government Reform Committee.”"

"Critical questions regarding the actions of the federal Environmental Protection Agency, New York State Department of Health, and New York State Department of Environmental Conservation remain unanswered,"” Gibson said.

end quotes

But actually, people, they don'’t.

Those questions were asked and answered long ago now, with the New York State Attorney General involved, Rensselaer County Supreme Court Justices involved, the Appellate Division, Third Judicial Department of the State of New York involved, the Federal Bureau of Investigation involved, the Office of the United States Attorney for the Northern District of New York involved and the United States District Court for the Northern District of New York involved.

In the official records in the files of the Rensselaer County Clerk in Troy, New York, there are better than a thousand pages of sworn testimony, plus boxes of records including videotape and audio tape.

Chris Kapostacey’'s now-famous “splice job” from October 11, 1988 is in one of those boxes, as is an audio tape of a public hearing held in Hoosick Falls in the summer of 1988 by Rensselaer County legislator Marilyn Douglas of Hoosick Falls to denounce the Rensselaer County Health Department, which Douglas likened in print in area media to Nazi stormtroopers, and to whip up mob violence against the Rensselaer County associate public health engineer, with a big sign on the back of a truck parked right outside the Rensselaer County Office Building in Hoosick Falls when that hearing was going on showing a tomb stone and grave with a slogan indicating that that is where the Rensselaer County associate public health engineer should be put.

The Rensselaer County legislature spent over a hundred thousand dollars of taxpayer money on all those hearings, including the one they used as a kangaroo court to finally get rid of the Rensselaer County associate public health engineer in 1989.

No stone be that could have been left unturned was left unturned.

And out of that, the only head that ever rolled was that of the man who would not bend the law, nor act with depraved indifference and callous disregard for human life himself, which is why his head rolled, when no other did.

To bring this to a close for this young man in the picture above here asking "“Can you ignore this?”," according to the Times Union a month ago now, the press offices for Gov. Andrew Cuomo, the state Senate and Assembly did not respond to requests for comment about that news story, so I personally think that yes, they can and have ignored that, and come Monday, this story will have been replaced by something else of interest, such are the news cycles of today, so my advice is don'’t hold your breath.

Paul Plante, Viet Nam 1969

http://www.talk1300report.com/2016/02/f ... ment-15745
Post Reply