Carrion To Depart NYS OCFS on April 1, 2011 (NY Rumor Alert Update)

The Truth About Prone Restraints reports, "No news yet on whether her departure is voluntary or she was encouraged to leave." Or, whether or not Carrion is jumping to another sinking ship, the US Department of Justice~Civil Rights Division.

Source: The Truth About Prone Restraints

DOJ Civil Rights Division Bailing Out NYS OCFS Commissioner Gladys Carrion?

Source: The Truth About Prone Restraint

Senator Maziarz Describes NYS OCFS Commissioner as Dangerous

Although NYS Senator Michael Nozzolio is leading the call for NYS OCFS Commissioner Gladys Carrion to resign, "[t]he strongest words arguably came from [NYS Senator] Maziarz, who called Carrion "the most dangerous person in New York State government."  Carrion is accused of deliberately and systematically destroying the juvenile justice system.

Not mentioned in the article, or any other article for that matter, is that Commissioner Carrion has also looked the other way while CPS Investigators conspire with "school officials" to file and determine 'founded' false reports of neglect/abuse, a Class A misdemeanor, against a parent or parents whose child is not in attendance at school for sound and legal reason. A report by the Vera Institute of Justice also failed to address this matter in its report: Getting Teenagers Back to School: Rethinking New York State's Response to Chronic Absence.

Refusal by government officials to look into the practice of CPS Investigators and "school officials" who conspire in the filing and 'founding' of false reports of neglect/abuse, and failure to prosecute all involved, speaks volumes to the "approval" of this illegal practice; it also speaks 'carte blanche'  approval to the illegal and ongoing criminal violence against parents who have the right to the care, education, and upbringing of their children.

In effect, this practice continues to reveal the systemic corruption in New York State.

Read the article in its entirety at auburnpub.com

 

Tell Governor Cuomo ALL Youth Need A Chance

Sign the Petition at Change.org asking Governor Cuomo not to abandon LGBT homeless youth.

'America's Sweetheart' Nominated for 2011 Buffalo Creative Black Tie Awards

"America's Sweetheart', Miss Anita Waistline, is one of five nominees for Best Female Newcomer who were selected by overall community involvement.

Mike Mangus, Miss Anita Waistline

North Tonawanda, New York – ‘America’s Sweetheart’, Miss Anita Waistline, has been nominated for the 2^nd Annual Buffalo Creative Black Tie Awards, a fundraiser for Reign 19 of the Imperial Court of Buffalo.
 

A female illusionist, also known as Mike Mangus, Miss Waistline is extremely happy about the nomination. “I am very excited about the nomination and look forward to the continued support of my fans”, she said.

One of New York’s youngest Drag Queens, she has been performing as a female illusionist for a little over two years in several clubs throughout New York State and Southern Ontario including, Club Marcella, Illusions, Adonia’s, Pure, Sky Bar, and The Embassy in Hamilton. Her creative expression ranges from glamorous to androgynous. She is listed with The Drag Queen Registry (a world-wide directory of Drag Queens),has her sights set on Provincetown, MA and, of course, the 2011 Buffalo Creative Black Tie Awards.

Communities on both sides of the US/Canadian border will be able to continue their support for their favorite nominee by casting ballots that are available at bars in Buffalo, NY, Jamestown, NY, Erie, PA, and in Hamilton and St. Catharines, ON. The cost of the ballot is $1.00, and is available until January 2, 2011.

The event, hosted by Imperial Crown Prince XX, Jeramie Rutland, is scheduled for Sunday, January 9th, 2011 at Club Marcella, located at 622 Main Street, Buffalo NY.

Visit 2011 Buffalo Creative Black Tie Awards for more information.

NY State's Top Judge Oath of Office Questioned

Miriam Snyder

Author of  "Exhibit" Alleges Fraud and Obstruction of Rule of Law by NY State's Top Judge, Jonathan Lippman.


On March 23, 2010, Human Rights Advocate and Survivor, Miriam Snyder, requested certified copies of (among others) New York State Chief Judge Jonathan Lippman's Official Bond and Undertaking and Oath of Office as noticed in this Scribd. "Exhibit: Jonathan Lippman Defraud[s] the US,...".  The request was made pursuant to Public Officers Law, Article 2.  It states, in part: "A judicial officer of the Unified Court System should file his or her oath or affirmation with the New York State Department of State (if he or she is a "state officer") or with the office specified by Public Officers Law Section 10 (if he or she is a "local officer") and, in addition, must file a copy of his or her oath or affirmation with the Office of Court Administration."

According to the "Exhibit" a Certified copy of the Oath of Office as NYS Judge was not produced for Lippman.  An April 1, 2010 response to Snyder's request from Shawn Kerby, Assistant Deputy Counsel for the State of New York Unified Court System, reveals a copy (allegedly non-certified) of the Oath was forwarded to Snyder (See, Scribd. "Exhibit", p 2).

Snyder likens the alleged obstruction of rule of law by Lippman to the continued attempt by New York State Acting Commissioner of Education David Steiner to appoint Cathleen Black, a wealthy media executive, as Chancellor of the New York City school system "...despite her advisory panel denunciation and public education deficiencies.-- ".  To this end, according to Synder, "The education system is criminally emulating the obstruction of the rule of law practices inflicted in the New York State judiciary under the unqualified ruler ship of NYS Chief Judge Jonathan Lippman."

Read more here.

New York District Court Denies Motion To Unseal Documents In Darryl Thompson Case

 In the latest development, the Court has decided on the letter motion, keeping the documents sealed without prejudice.

 Defendants and NYS OCFS are seeking to hide their misconduct from the public by forcing Plaintiff, Anntwanisha Thompson, to file documents "off-the-books" in the matter of Thompson v. Johnson, et al, a civil action filed by Elmer Robert Keach III, who represents the family of Darryl Thompson.

Darryl Thompson, a 15 year old from the Bronx, died in November 2006 after being restrained by two aides at the state-run Tryon Residential Center in Johnstown. An autopsy conducted by Medical Examiner, Dr. Michael Sikirica, ruled Thompson's death a homicide, yet a Fulton County grand jury declined to indict the two aides involved (John P. Johnson and Robert Murphy).

A letter motion, pursuant to the Court's direction, was filed earlier this month by Keach to The Honorable Andrew T. Baker, federal judge for the US District Court for the Northern District of New York to request the unsealing of all documents submitted to the Court. It states, in part, "...the Plaintiff's efforts to learn the truth about her son's death were used against her, in that in order to gain information about how Darryl died, the Plaintiff was forced to agree to a restrictive protective order that required court sealing. The Plaintiff specifically requested that she be provided with an opportunity to revisit the sealing provisions of the order at the appropriate time, and she does so by this letter motion."

Thompson suggests that all documents submitted to the US District Court for the Northern District of New York are judicial documents. To that end, NYS OCFS forcing "off-the-books" litigation not only does not serve the interests of justice, it also precludes the public from being able to access documents upon which the US District Court for the Northern District of New York will make its decisions.

Thompson also requested to take the depositions of Jeffrey Delorme and Robert Hoefs due to the uncertainty amongst the Defendants as to who was present during Thompson's restraint and death. While not Defendants in this action, the depositions of Delorme and Hoefs are said to be "...highly relevant to this litigation..." They are represented by the New York State Attorney General's office, who has refused to allow them to be deposed.

Sources: Keach Letter To The Honorable Andrew T. Baxter, federal judge, US District Court for the Northern District of New York. and (Case 608-cv-01241-DNH-ATB Document 147 filed Nov. 19, 2010)

New York State: The Hypocrisy

Our story is given mention in this Legally Kidnapped: Baby LK Report For Halloween 2010.

It should be noted well that my son, Michael, was never truant or unlawfully detained from school. Michael was under the care of, not one but two, medical professionals who never released their demand for home-instruction.

In New York State it is a Class A Misdemeanor to file a false report with CPS. Principal James V. Fisher and City of North Tonawanda School District Child Associate Rosemary Fox were well-aware of the circumstances surrounding Michael's absence from school, yet they made the false reports to CPS. In effect, they circulated information known to be false and misused a state agency.

In light of all of the facts, several state agencies, including NYS OCFS, refused to let me file charges against North Tonawanda High School Principal James V. Fisher for filing a false report. In fact, NYS OCFS found 'no wrong-doing' by Principal Fisher. Given this, I did not attempt to bring any charges against Rosemary Fox. Ms. Fox filed the second false report the following school year (2006-2007).

Last month NYS OCFS released a 'Policy Brief' prepared by the Vera Institute of Justice.

"What their brief does not begin to explore is false filings of educational neglect charges, and why there are no investigations into this aspect. "

To this end, Chief Judge Honorable Jonathan Lippman, who denied my Motion for Permission for Leave to Appeal to the Court of Appeals at a session of the Court, held at Court of Appeals Hall in the City of Albany on the second day of September, 2010, has recently received "kudos" for his crackdown on  foreclosure practices. It's unfortunate that Judge Lippman does not follow the same procedures in his own Court.

The hypocrisy: "We can't have the process being a fraud," New York State Chief Judge Jonathan Lippman said in announcing the new procedure. "It has to be real and based on credible information."

New York State Woman Finds OCFS Policy Brief Does Not Fully Address The Issues

FOR IMMEDIATE RELEASE
PRLog (Press Release) – Oct 25, 2010 – A North Tonawanda mother who was falsely charged with "educational neglect"  after her gay teen received death threats at North Tonawanda High School in 2005 is perplexed by a recent policy brief released by the New York Office of Child and Family Services.   

"What their brief does not begin to explore is false filings of educational neglect charges, and why there are no investigations into this aspect. " ~ Rhonda Mangus, North Tonawanda , NY

Read more here

Readers may also link to the policy brief from the OCFS and Vera websites: www.ocfs.state.ny.us and www.vera.org.

"Getting Teenagers Back to School: Rethinking New York State's Response to Chronic Absence"

RELEASE: October 25, 2010 -- The New York State Office of Children and Family Services (OCFS) today released “Getting Teenagers Back to School: Rethinking New York State’s Response to Chronic Absence,” a policy brief researched and written for the agency by the Vera Institute of Justice in partnership with Casey Family Programs.   

"What their brief does not begin to explore is false filings of educational neglect charges, and why there are no investigations into this aspect. " ~ Rhonda Mangus, North Tonawanda , NY

Readers may link to the policy brief from the OCFS and Vera websites: www.ocfs.state.ny.us and www.vera.org. 

Chief Judge Jonathan Lippman's Decision Endangers Parental Rights

State of New York Court of Appeals Chief Judge Jonathan Lippman’s decision to deny Appellant’s motion for permission for leave to appeal to the court of appeals endangers parental rights.

The decision leaves in place an illegal and egregious determination of educational neglect by Niagara County Department of Social Services and New York State Office of Children and Family Services. It encourages continued abuse of power, giving ‘carte blanche’ to school authorities and social services agencies who seek to deprive parents of their right to protect their children against hate and violence at school.

New York State Court of Appeals Chief Judge Honorable Jonathan Lippman denied Appellant’s Motion for Permission for Leave to Appeal to the Court of Appeals at a session of the Court, held at Court of Appeals Hall in the City of Albany on the second day of September, 2010. The motion for permission for leave to appeal was pursued after the Supreme Court of the State of New York, Fourth Department, in its decision In the Matter of Rhonda Mangus  against Niagara County Department of Social Services  and  New York State Office of Children and Family Services, denied this writer a Motion for Re-Argument or Leave to Appeal to the Court of Appeals earlier this year.

Chief Judge Lippman’s decision to deny the motion for leave to appeal to the court of appeals presents a classic example of distorted conception of the facts and of the law upon all papers submitted thereon.

Assistant  Solicitor General Zainab Chaudhry, of Counsel for Andrew M. Cuomo, current Attorney General of the State of New York, admits in her Memorandum In  Opposition To Motion For Leave To Appeal (p 3) that, “Motions seeking such error correction rarely warrant leave by this Court.” Chaudhry goes on to say, “Further, the Appellate Division properly applied those legal principles to the facts of this case and found that substantial evidence in the record supported OCFS’ determination.”

However, a fair contextual reading of this case compels a contrary conclusion. The facts of this case show that substantial evidence in the record did not support Niagara County Department of Social Services caseworker Robin Stroud’s determination, nor NYS OCFS’ final determination. Respondents, in fact, failed to prove that Appellant committed maltreatment under Social Services Law Section 422 and 97-LCM-58. Appellant’s son was never truant or unlawfully detained from school, the two categories of unexcused absences in New York State Education Law, and Appellant’s son was under the care of medical professionals who did not release their demand for home-instruction.

The apparent rationale of the Courts is that Respondents’ need not comply with Social Services Law Section 422, 97-LCM-58, or due process rights when addressing matters of alleged child neglect. It presents clear error and plain injustice that, again, will encourage continued abuse of power, and give ‘carte blanche’ to school authorities and social services agencies who seek to deprive parents of their right to protect their children against hate and violence at school.

Further, Judge Lippman’s decision seriously undermines the efficacy of the laws in any related, pending or future litigation, the rights of parents to the care, education, and upbringing of their children, the authority of medical professional opinion and/or plan of care for its pediatric patents, and parent rights to due process before the law.

Ref. Court of Appeals Motion No. 2010-674, Appellate Division Docket No.: TP09-01245, Niagara County Index No. 136504

Author’s Note: I am not a lawyer and nothing contained herein or elsewhere on this website should be construed as legal advice. 

It should also be noted well here that the Appellate Division, Fourth Department Decision related to whether or not Appellant’s due process rights were violated is also grossly misrepresented in its entirety. The question before the Court was:

Whether the Administrative Law Judge violated the Appellant’s due process rights when [she] failed to advise and obtain, on the record, an intelligent or understanding waiver of the Appellant right to be afforded the opportunity of Counsel?

Clearly, the question has nothing to do with Appellant seeking assigned counsel.

Celebrate National Parents' Day

Celebrate National Parents' Day Sunday, July 25, 2010. US Code Section 135 recognizes Parents' Day. Celebrated the 4th Sunday of July each year — All private citizens, organizations, and Federal, State, and local governmental and legislative entities are encouraged to recognize Parents’ Day through proclamations, activities, and educational efforts in furtherance of recognizing, uplifting, and supporting the role of parents in bringing up their children. 
 

In Mangus case in NY, GLSEN may have much informing material | The News is NowPublic.com

In Mangus case in NY, GLSEN may have much informing material | The News is NowPublic.com

New York State Supreme Court Decision Speaks Loudly On 'System of Justice': Mangus against Niagara County Department of Social Services, et al

The least-noticed cases sometimes say the most about the institution and our system of justice. They can also say the most about the rights of a mother to the care, education, and upbringing of her children, and the opinions of medical professionals, whose primary concern is that of the safety, health and welfare of children in education.

Last month, a ruling on a little-noticed NYS Supreme Court case represents a shameful chapter in NYS Supreme Court history that could have wide-ranging implications for mothers and medical professionals whose primary concern is that of the safety, health, and welfare of the child in education.

With no mainstream media attention, the Supreme Court of the State of New York, Appellate Division, Fourth Department, in its decision In the Matter of RHONDA MANGUS against NIAGARA COUNTY DEPARTMENT OF SOCIAL SERVICES and NEW YORK STATE OFFICE OF CHILD & FAMILY SERVICES, denied this Author the relief requested in an Article 78 Proceeding. 

It is unclear at this point why Justices Robert G. Hurlbutt, J.P., Nancy E. Smith, Eugene M. Fahey, and Edward D. Carni unanimously ignored the QUESTIONS PRESENTED by the Law Offices of Anthony S. Pecoraro in its Brief on behalf of this Author:

“ (1) Did Petitioner establish that the Appellant committed the alleged maltreatment, by a fair preponderance of the evidence pursuant to New York State Social Services Law Section 422? Answer: No 

(2) Whether the Administrative Law Judge violated the Appellant’s Due Process Rights when they failed to advise and obtain, on the record, an intelligent or understanding waiver of the Appellant right to be afforded the opportunity of counsel? Answer: Yes”

What is clear in its Decision, Justices' Hurlbutt, Smith, Fahey, and Carni unanimously and completely not only ignore the QUESTIONS PRESENTED, they also ignore SUPPORTING EVIDENCE that establishes there is no basis for an indicated report of ‘Educational Neglect’ against this Author, including SUPPORTING EVIDENCE “…that there was, not one but two, doctor’s orders to keep the child out of school.” The record is complete with medical references to keep the child from attending school.”  Appellant’s Exhibit 3 and 4. “At no time was the child kept out of school by the Appellant where there was no doctor’s directive or instruction to do so. Simply, there is no evidence introduced by NDSS that either Doctor removed their demand for home schooling and cleared or certified the child to return to school.”

In this case, SUPPORTING EVIDENCE clearly establishes that this mother did not maltreat her child. Yet, the Justices effectively construct a Memorandum and Order that portrays, erroneously, “…that respondent’s determination that respondent Niagara County Department of Social Services established by a fair preponderance of the evidence at the fair hearing that petitioner maltreated the subject child is supported by substantial evidence.”

The Justices’ refusal to acknowledge the QUESTIONS and SUPPORTING EVIDENCE in its final Decision speaks loudly of the system of justice in the Supreme Court of the State of New York.  This Author however will not be deterred by this 'set-back' in her endeavors to expose the truths of the 'system of justice' in New York State. 

Read:

The Court's Decision, here.

NYS OCFS/NYSED Model Policy on Educational Neglect (2/2008)

NYS Senator Montgomery's Bill Number S5974 - An act to amend the social services law in relation to reports of educational neglect by school districts (6/2009)

Author’s Note: Andrew M. Cuomo, Attorney General of the State of New York, for Respondent’s New York State Office of Child and Family Services; Andrew D. Bing, Deputy Solicitor General and Zainab A. Chaudhry Assistant Solicitor General, of counsel; Jean Greinert, Administrative Law Judge; Richard E. Davidson, Bureau of Special Hearings NYS OCFS; Caseworker Robin Stroud, Niagara County Department of Social Services, North Tonawanda, NY; and Thomas W. Scirto, attorney for Niagara County Department of Social Services; Laura Wagner, of Counsel.