Before Andrew Cuomo become Governor Cuomo I hope and pray that he will finally address my 2008 request. In my written request I asked Cuomo for an investigation of the New York State Attorney General’s Office employee Mike Russo. NYS Asst Attorney General Russo filed seven perjured declarations in the Western District of New York during my Pro-Se discrimination case (97-cv-818(E).

I requested that you investigate and take the necessary actions to make me whole from the unlawful actions of Mike Russo who I believe is still employed by the NYS Attorney General’s Office. One of the ways to make me whole was to have my disability retirement application denial reversed.

In your role as Attorney General of New York State your staff on June 30, 2008, informed me that you couldn’t help me . If Andrew Cuomo as Attorney General of New York can’t or won’t investigate and/or correct this serious miscarriage of justice in New York why should the voters trust him to govern the entire state. New York has many problems and a very diverse population who expect any governor to represented them fairly regardless of their race, national origin, sex, and religion.

BACKGROUND INFORMATION ON DISABILITY RETIREMENT DENIAL

After being retaliatory escorted out on August 5, 1996, NYSDOCS placed me on involuntary leave of absence from my $35,000 correctional officers position. In December 1996 I submitted an application for disability retirement. On January 6, 1997, I received a letter from Lee, Gould that informed me that I would be continued on INVOLUNTARY leave of absence.

In a letter dated May 13, 1997, Dr. Leve was told to contact me in order to conduct an examination to see in part to determine if I was unable to perform the duties of any or all duties of a Correctional Officer and thereby eligible for disability retirement benefits. On May 22, 1997, I reported to a medical examination by a New York State disability retirement consultant. After he examined me Dr. Austin R. Leve, M.D., P.C. wrote a five-paged single spaced medical report. In the report his impression/diagnosis: She has complaints and there is a voluntary restriction of motion, however, the examination is negative for any objective evidence of disability resulting from the accident of December 24, 1993, or for that matter the prior injury of May, 1993 or the subsequent injury of October 16, 1994. In my opinion, she retains no permanent disability and requires no further diagnostic work-up or treatment including physical therapy and is able to work at her regular job without restriction or adverse effect as a result of the accident of December 24, 1993 or otherwise from an orthopedic standpoint. Dr. Leve certified and affirmed that the foregoing report is true to the best of my knowledge under penalties of perjury.

In a letter of Determination dated June 16, 1997, the Retirement System denied my application for Section 507-a Disability Retirement.

On October 15, 1997, I filed a Pro-Se Title VII lawsuit against New York State Departments of Correctional Services, Civil Service, and the State Comptroller Office. The Defendants were represented by the New York State Attorney Generals Office.

In a letter dated October 26, 1998, Lee Gould, Personnel Director of NYSDOCS informed me that I would be terminated at the close of business on November 2, 1998. Additionally, I received a New York State DOCS Status Change Form that stated that my termination would be effective on November 3, 1998. The form was authorized by Supt Andrews on October 26, 1998.

In the May 13, 1997 disability retirement legal proceeding NYSDOCS denied me benefits. Therefore, New York State Departments of Corrections and Civil Service were judicial estoppel from claiming that I was terminated on December 7, 1998; because I was medical unfit to perform the duties of a Correctional Officer.

Therefore, the defendants on this one point should not have been granted summary judgment on my discriminatory termination claim.

The Wikipedia free encyclopedia definition of judicial estoppel: In the practice of law judicial estoppel is an estoppel, which precludes a party from taking a position in a case, which is contrary to a position they have taken in earlier legal proceedings. Although, in the United it is generally agreed that it can only be cited if the party in question successfully maintained its positioning the earlier proceeding and benefited from it.

In September and November of 2000 Mike Russo, Asst. NYS Attorney General filed seven perjured declarations in federal court. Based on the lies in the declarations my discrimination (Title VII ) case was dismissed and I was denied a jury trial.

After the United States Supreme Court refused to review my case and my perjury allegations I had a final appeal of my disability retirement application. I informed the Judge handling that case of the judiciary estoppel position from the Title VII case and was confident that my disability retirement denial decision would be overturned. I was wrong. The Judge during that hearing accepted the NYSDOCSs position that I was not disabled. The judge ruled that I could perform the duties of a correction officer and that I was not disabled. New York State employees and NYS Attorney General actions subjected me to a hostile work environment, retaliatory against me by firing me and denying me entitled disability retirement benefits.

I believe that in order to serve as governor of New York State Cuomo must correct the unjust actions of New York State employees. No one is above the law in America. That includes New York State Departments of Correctional Services, Civil Service, and NYS Attorney Generals Office.

Vera Richardson

Author of A Case of Racial Discrimination and Retaliation Real or Imagined.