List of class action clients
2022aug24
- Pension cases
- Union clients
- NYSCOPBA
- DONN ROWE (PRESIDENT OF NYSCOPBA)
- proposed class representatives
- DIANE DAVIS
- DAVID L. FAILE
- LOUIS GIAMPAGLIA
- ART W. JOLLEY
- AL MOTHERSHED
- WILLIAM J. WEST
- Solitary confinement case in trial court
- NYSCOPBA
- THOMAS HANNAH
- CHLOE HAYES
- ERIK MESUNAS
- KERRI MONTGOMERY
- SARAH TOMPKINS
- ALEXANDER VOITSEKHOVSKI
- Pension class cases
- Introduction to trial court and appeal court cases
2022aug20
NYSCOPBA and some people attempted a class
action case in federal, trial court in Albany (NYND)
about pensions.
Judge D'Agostino decided against them in 20218.
The plaintiffs lost by summary judgment.
.
Soon after in 2018, they appealed to the federal, appeal court in Manhattan (2nd Circuit).
They lost in 2022 by summary order.
- Pension appeal case in the 2nd circuit
2023aug3
- Introduction
The federal appeal case lasted from October 2018 to July 2022.
The plaintiff-appellants (for example, NYSCOPBA) lost by summary order.
We think that losing by summary order may imply that
the appeal judges thought that the appeal had trivial merit.
- pacermonitor.com
2023sep2
New York State Correctional Officers etc., et al.,
v.
State of New York etc., et al.
Second Circuit, U.S. Court of Appeals
original [NYND trial court?] case: 1:11-cv-01523
2nd circuit case #
0:18-cv-03151
Type civil / private
Nature of Suit
950 Other Statutes - Constitutionality of State Statutes
Case started
Oct 23, 2018
case ended
Jul 27, 2022
Appellants
New York State Correctional Officers & Police Benevolent Association, Inc.,
Donn Rowe,
Diane Davis,
David L. Faile,
Louis Giampaglia,
Art W. Jolley,
Al Mothershed,
William J. West
DISTRICT COURT MEMORANDUM DECISION AND ORDER,
dated 09/24/2018,
RECEIVED in appeal case 18-3151
[Entered: 10/25/2018 10:18 AM]
DISTRICT COURT JUDGMENT,
dated 09/24/2018,
RECEIVED
in appeal case 18-3151
[Entered: 10/25/2018 10:19 AM]
- casetext.com
- Introduction
our main source
casetext.com
United States Court of Appeals, Second Circuit
[courthouse at Foley Square in Manhattan, NY, USA]
date decided
27 Jul 2022
18-3151-cv
2d Circuit
27 July 2022
NEW YORK STATE CORRECTIONAL
OFFICERS etc.,
et al.,
Plaintiffs-Appellants,
v.
KATHLEEN C. HOCHUL
etc., et al.,
Defendants-Appellees
____
attorneys
FOR PLAINTIFFS-APPELLANTS:
LAWRENCE H. SCHAEFER,
LIPPES MATHIAS LLP, ALBANY, NY.
FOR DEFENDANTS-APPELLEES:
FREDERICK A. BRODIE, ASSISTANT SOLICITOR GENERAL
(BARBARA D. UNDERWOOD, SOLICITOR GENERAL,
ANDREA OSER, DEPUTY SOLICITOR GENERAL,
ON THE BRIEF),
FOR LETITIA JAMES, ATTORNEY GENERAL, STATE OF NEW YORK, ALBANY, NY.
- Appeal court decision
UNPUBLISHED OPINION
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT.
Judge Peter W. Hall died.
The two remaining members of the panel,
who agree with each other,
authorized the issuance of this Summary Order.
Appeal from the United States District Court for the
Northern District of New York (Mae A. D'Agostino, Judge).
Appeal court judges present
JON O. NEWMAN, GERARD E. LYNCH,
CIRCUIT JUDGES.
UPON DUE CONSIDERATION,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED
that the judgment of the district court is AFFIRMED.
The NYSCOPBA plaintiffs
appeal the judgment of the United States District Court
for the Northern District of New York.
Mae A. D'Agostino
granting summary judgment to Defendants-Appellees,
("the State")
on all claims in this contractual and constitutional dispute
growing out of the State's 2011 decision to alter
its rates of contribution to retired
former employees' health insurance plans.
- leagle.com
2023ser2
_____
No. 18-3151-cv.
NEW YORK STATE CORRECTIONAL OFFICERS
etc., et al.,
Plaintiffs-Appellants,
v.
KATHLEEN C. HOCHUL,
etc., et al.,
Defendants-Appellees.
United States Court of Appeals, Second Circuit.
July 27, 2022.
-----
Attorney(s) appearing for the Case
LAWRENCE H. SCHAEFER , Lippes Mathias LLP,
Albany, NY.
for Plaintiffs-Appellants.
FREDERICK A. BRODIE, Assistant Solicitor General
(Barbara D. Underwood, Solicitor General,
Andrea Oser,
Deputy Solicitor General, on the brief),
for Letitia James,
Attorney General,
State of New York,
Albany, NY,
for Defendants-Appellees.
-----
PRESENT:
JON O. NEWMAN,
GERARD E. LYNCH,
-----
SUMMARY ORDER
RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT.
UPON DUE CONSIDERATION,
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED
that the judgment of the district court is AFFIRMED.
Plaintiffs-Appellants the
New York State Correctional Officers & Police
Benevolent Association, Inc. ("NYSCOPBA")
and current and former members of that union
(collectively, "the NYSCOPBA Plaintiffs")
appeal the judgment of the
United States District Court for the Northern District of New York
(Mae A. D'Agostino, J.)
granting summary judgment to Defendants-Appellees,
various State officials (collectively, "the State")
on all claims in this contractual and constitutional dispute
growing out of the State's 2011 decision to alter its rates
of contribution to retired former employees' health insurance plans.
...
We therefore hold that the district court
correctly granted summary judgment to the State on the
NYSCOPBA Plaintiffs' claims for the same reasons
explained in Donohue IV, 32 F.4th at 206-11.
For the foregoing reasons,
the judgment of the district court is AFFIRMED.
- Lippes clients in the pension appeal case
- union clients
- NYSCOPBA
- DONN ROWE (PRESIDENT OF NYSCOPBA)
- proposed class representatives
We provide retirement info about each of the
proposed, class representatives. We got the info on 20 August 2022 from
seethroughny.net web site. The info is about 2021.
In that year, the NYS Employees Retirement System paid all of them.
- DIANE DAVIS
Retired 8/1/2011
Davis, Diane
Downstate Correctional Facility prison
$57,953
- DAVID L. FAILE
Retired 6/27/2008
Faile, David
Mt Mcgregor C.F. prison
$41,803
- LOUIS GIAMPAGLIA
Retired 10/26/2007
Giampaglia, Louis Greene C.F. prison $28,901
- ART W. JOLLEY
Retired 1/28/2010
Jolley, Art
Bare Hill C.F. prison
$41,868
- AL MOTHERSHED
Retired 6/29/2012
Mothershed, Alfred
Livingston C.F. prison
$35,896
- WILLIAM J. WEST
Retired 8/10/2002
West, William Wallkill C.F. prison $29,344
- Results of pension appeal case
NY state government defeated NYSCOPBA.
Solicitor General's
FREDERICK A. BRODIE and ANDREA OSER
defeated
Lippes's LAWRENCE HENTY SCHAEFER.
The employer defeated the union.
The appellee-defendants defeated the appellant-plaintiffs.
The appeal judges decided the appeal
by Summary Order,
which, we think suggests that the judges thought
that the appeal had trivial merit.
/ol>
- Solitary confinement class
Class action case in federal, triak court
against HALT Solitary law
- Introduction
2023sep1
The Lippes firm's Albany office represented several clients
who started a case
in the federal, trial court in Albany (NYNY)
on 7 May 2021.
Lippes unseccessfully tried to have a class action against the
government of New York State.
The plaintiffs seem to have opposed HALT Solitary.
HALT Solitary is a state law against long-term,
solitary confinement of prisoners.
The judge dismussed the Complaunt.
The Lippes litigants lost.
A few days after the case began,
Michael Powers gave a press conference about it in Albany.
HALT Solitary caused changes in DoCCS.
For example, Southport CF, a supermax prison, closed.
We guess that some employees in the closed prisons,
because they did not transfer to other prisons,
lost their jobs.
We guess this.
- Some info about the case
NEW YORK STATE CORRECTIONAL OFFICERS AND
POLICE BENEVOLENT ASSOCIATION, INC.,
THOMAS HANNAH, individually and on behalf of all others similarly situated,
CHLOE HAYES, individually and on behalf of all others similarly situated,
ERIK MESUNAS, individually and on behalf of all others ) similarly situated,
KERRI MONTGOMERY, individually and on behalf of all others similarly situated,
SARAH TOMPKINS, individually and on behalf of all others similarly situated,
ALEXANDER VOITSEKHOVSKI,
individually and on behalf of all others similarly situated,
and JOHN and JANE DOES 1 – 18,000,
Plaintiffs,
vs.
ANDREW CUOMO,
in his official capacity as
Governor of the State of New York,
STATE OF NEW YORK,
NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION,
and ANTHONY ANNUCCI,
in his official capacity as Acting Commissioner of the
New York State Department of Corrections and Community Supervision
Defendants.
...........
Case Number
1:2021cv00535
Presiding judge
Mae A. D'Agostino
Original judge
Christian F Hummel
Hummel was the first judge.
Hummel referred the case to D'Agostino.
Civil Rights: Other
Cause of Action
42 U.S.C. § 1983
No Jury demand
May 7, 2021
1 COMPLAINT filed
- Lippes clients
2022sep5
main sources
Names of clients from justia.com web site
Other info (e.g., job titles) from seethroughny.net
- NYSCOPBA
- THOMAS HANNAH
Thomas Edward "Tom" Hannah
dead
This client is not Thomas Edward Hannah, Jr.
2023jul28
- Southport Correctional Facility 2021
Hannah, Thomas E
DoCCS
gross $182,056
Southport Correctional Facility
Corr Sergeant
Annual Base $95,492
2021
That prison closed in March 2022.
- Five Points Corr Facility 2022
DoCCS
gross $110,593
Five Points CF in 2022
CORR SERGEANT
Annual Base Pay $97,402
2022
- Dead
Thomas Edward Hannah
born in 1962
died in December 2022
This client is not Thomas Edward Hannah, Jr.
- CHLOE HAYES
Hayes, Chloe A
DoCCS $68,093
Greene Correctional Facility
Corr Officer
Annual Base $59,161
2021
- ERIK MESUNAS
2023aug1
- DoCCS
Erik C Mesunas
DoCCS $131,403
Clinton Correctional Facility
Corr Officer
2021 Annual Base Pay $82,310
2021
source seethroughny.net
- home
2023aug1
Erik C Mesunas
(518) 594-3412
851 Plank Rd
Ellenburg Depot, NY 12935-2919, USA
born 1965feb23
- openpayrolls.com
2023aug1
Erik C Mesunas
Correctional Officer
Dannemora, New York
Doccs
Clinton CF, Clinton County
Erik C Mesunas
(518) 594-3412
- Defebdabt in an NYND case
2023aug1
We describe a federal, trial court case.
9:22-CV-00156.
......
govinfo.gov
Erik C Mesunas seems to have been a defendant in a
trial court case in NYND, federal court.
USCOURTS-nynd-9_22-cv-00156
Erik C. Mesunas, Defendant
Christopher Miller, Defendant
Darnell Moore, Defendant
George Murphy, Defendant
James O'Gorman, Defendant
Aron J. Patterson, Defendant
Erica Rizzo [related to a former mayor of Philadelphia?], Defendant
Kevin Santo, Defendant
Martin Snow, Defendant
Terilee Stoddard, Defendant
Nicholas Tripodi, Defendant
Eric Velie, Defendant
Anthony Villano, Defendant
- Pistol permit
2023sep6
As far as we know, a pistol permit seems to gave been issued
to:
MESUNAS,ERIK C
MESUNAS,ERIK,C,,,NY.
The permit recipients are not necessaily DoCCS officers.
our source: M-Mi, 1.9 MB
- KERRI MONTGOMERY
2023aug24
- seethroughny.net
Montgomery, Kerri S
DoCCS
$101,910
Coxsackie Correctional Fac 2021
Corr Sergeant
Annual Base Pay ‚$83,927
2021
- Miscellany
2023aug1
(518) 374-5140
Kerri S Montgomery
age 38
previously in Troy, NY
(Troy, NY, Area Code 518
source wirefly.com)
- SARAH TOMPKINS
2023aug11
- seethroughny.net
Tompkins, Sarah L
DoCCS
$79,956
Green Haven C.F.
Correction Officer
Annual Base $74,191
2021
- Possible address and phone
2023aug12
- nuwber.com
Sarah L Tompkins
52 Sheldon Rd, Wingdale, NY
born 25 July 1976
(845) 832-0472.
Sarah L Tompkins
PO Box 510, Philmont, NY, 12565-510
- Miscellany
Sarah L Tompkins
Wingdale, NY
- ALEXANDER VOITSEKHOVSKI
2023aug24
- "I," not "y"
VOITSEKHOVSKI ("i" at the end), not Voitsekhovsky ("y" at the end)
This litigant is not the artist and physician Alexander Voitsekhovsky,
who was born in 1964 in Moscow.
- seethroughny.net
Voitsekhovski, Alexander
DoCCS
2021 gross $34,049
Coxsackie Correctional Facikity
Correction Officer
annual base $63,265
2021
- Altamont
According to a web page of timesunion.com,
he seems to have bought realty in 2013 in
Altamont, NY.
We don't have corroboration of this report of an
Altamont purchase by Voitsekhovski.
We don't know where he lives.
timesunion.com
Deeds & Deals
early 2013
Alexander Voitsekhovski
bought property on 110 and 112 Helderberg Ave
from HSBC Mortgage Services Inc.
for $140,500
about 112 Helderberg Ave
realtor.com
112 Helderberg Ave
Altamont, NY 12009
- Miscellaneous info about the court case
2023sep5
______
case number
1:21-cv-535 (MAD/CFH)
CFH was the first judge.
MAD was the second judge.
She decided the case.
To read MAD's twenty-page MEMORANDUM-DECISION AND ORDER,
which includes the judge's analysis of the case,
click the picture below.
- Excerpt from fhe court's brief Judgnentment
16 June 2022
2023aug31
"JUDGMENT IN A CIVIL CASE
...
IT IS ORDERED AND ADJUDGED that
Defendants' motion to dismiss is GRANTED;
and the Court further ORDERS
that the Clerk of the Court shall enter judgment in Defendants' favor
and close this case,
all of the above pursuant to the Memorandum-Decision and Order
of the Honorable Judge Mae A. D’Agostino ..."
To read more of the Judgment, click the picture below.
- NYSCOPBA attorneys
Emily Grace Hannigan
Gregory Taylor Myers
54 State Street, Suite 1001
Albany, NY 12207
Telephone (518) 462-0110
This is the address and telephone
number of the Albany office of the Lippes firm.
For more information about the two lawyers,
go to our page which lists many lawyers,
find the groip of lawyers he or she is in,
then click the link to the web page for that group.
- Result of case
Judge Mae A. D'Agostino decided the solitary confinement case
on 16 June 2022.
She dismissed the Complaint.
This was a big defeat for the Lippes firm's Albany office.
The NY AG's lawyers defeated
Lippes's Emily Grace Hannigan and
Gregory Taylor Myers.
NY state government defeated NYSCOPBA.
The defendants defeated the plaintiffs.
LIST OF OUR LIPPES-SHEEHAN PAGES
- Introduction
- Attorneys and other people: A-J K-O P-Z
- Litigation
Clients: A-I Classes J-R S-Z
Court cases
- Political payments
- Introduction to contributors: A-J K-Z
- State Street Associates PAC
