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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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LOUIS R. RINALDI and ANDREA K.
ZAMBRANO, NOTICE OF REMOVAL
Plaintiffs Docket No: 24-cv-272
-against-
KEVIN SYLVESTER, in his personal capacity and in
his capacity as the former Chief of Police for the
Village of Ossining, EMILY HIRSHOWITZ, in her
personal capacity and in her capacity Police Officer
for the Village of Ossining, STUART KAHAN, in his
personal capacity and in his capacity as Corporation
Counsel for the Village of Ossining, THE BOARD OF
TRUSTEES FOR THE VILLAGE OF OSSINING,
and THE VILLAGE OF OSSINING,
Defendants.
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Defendants, by and through their attorneys, SOKOLOFF STERN LLP, as and for their
Notice of Removal, set forth as follows:
1. Plaintiffs commenced this action in the Supreme Court of the State of New York,
County of Westchester on July 6, 2023. (A copy of the summons and verified complaint is attached
as Exhibit A.) The Verified Complaint asserted state-law claims related to Plaintiffs’ former
employment by the Village of Ossining. It asserted no federal claims.
2. In response to a motion to dismiss by Defendants, Plaintiffs filed an amended
complaint on September 6, 2023. (A copy of the amended verified complaint is annexed hereto as
Exhibit “B”. The amended complaint asserted state-law claims related to Plaintiffs’ former
employment with the Village of Ossining. It asserted no federal claims.
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3. In response to another defense motion to dismiss, on January 9, 2024, Plaintiffs
filed a cross-motion seeking permission to file a Second Amended Complaint, a copy of which is
annexed hereto as Exhibit “C”. The Second Amended Complaint asserts claims under 42 U.S.C.
§ 1983. See Cause of Action I (¶¶ 168-179), Cause of Action II (¶¶ 180-186), Cause of Action VI
(¶¶ 207-219), Cause of Action VII (¶¶ 220-228), Cause of Action VIII (¶¶ 229-238).
4. Plaintiffs in the motion seek to add claims for (1) damages under 42 U.S.C. § 1983
and (2) attorneys fees under 42 U.S.C. § 1988.
5. The entire cross-motion to amend the complaint is annexed as Exhibit “D”.
Plaintiffs’ memorandum of law relies on federal law in support of its motion. See Memo of Law,
pp. 4-10.
6. No further proceedings have been held in this action.
7. This case, therefore, falls within this Court’s federal question jurisdiction under 28
U.S.C. § 1331, which provides, “The district courts shall have original jurisdiction of all civil
actions arising under the Constitution, laws, or treaties of the United States.”
8. Defendants may remove this action under 28 U.S.C. § 1441(a), which provides:
Except as otherwise expressly provided by Act of Congress,
any civil action brought in a State court of which the district
courts of the United States have original jurisdiction, may be
removed by the defendant or the defendants, to the district
court of the United States for the district and division
embracing the place where such action is pending.
9. 28 U.S.C. § 1446(b)(3) provides that “if the case stated by the initial pleading is not
removable, a notice of removal may be filed within 30 days after receipt by the defendant, through
service or otherwise, of a copy of an amended pleading, motion, order or other paper from which
it may first be ascertained that the case is one which is or has become removable.” (Emphasis
added.) Removal is proper when a plaintiff responds to a motion to dismiss with a cross-motion to
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amend the complaint by adding a federal claim. See Neal v. Trugreen Ltd. Partnership,, 886
F.Supp. 527 (D. Md. 1995) Thus, removal is timely and proper.
10. The parties reside in Westchester County, and the alleged conduct giving rise to
petitioner’s claims occurred in Westchester County, which is within the Southern District of New
York. Therefore, removal to the White Plains courthouse of the Southern District of New York is
proper.
WHEREFORE, Defendants respectfully request that the above-captioned
action/proceeding, pending in the Supreme Court of the State of New York, County of
Westchester, be removed to this Court.
Dated: Carle Place, New York
January 12, 2024
SOKOLOFF STERN LLP
Attorneys for Defendants
By: BRIAN S. SOKOLOFF
179 Westbury Avenue
Carle Place, NY 11514
(516) 334-4500
File No. 230093
TO: Abrams Fensterman, LLP
Attorneys for Plaintiffs
81 Main Street, Suite 400
White Plains, NY 10601
The Law Offices of Michael G. Santangelo PLLC
Attorneys for Plaintiffs
75 South Broadway
White Plains, NY 10601
BY EMAIL
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RECEIVED
Exhibit “A”
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
......................................................................................X
LOUIS R. RINALDI AND ANDREA K. ZAMBRANO Index No.
Plaintiffs, SUMMONS WITH
NOTICE
-against-
THE VILLAGE OF OSSINING,
THE TOWN OF OSSINING,
KEVIN SYLVESTER, RIKA LEVIN, ROBERT FRITSCHE,
OMAR LOPEZ, DANA WHITE, DANA LEVENBERG,
ELIZABETH FELDMAN, JENNIFER FIELDS-TAWIL,
ANGELO MANICCHIO, MANUEL QUEZADA,
VICTORIA GEARITY, GREGORY MEYER,
JACKIE SHAW, AND NORTHERN WILCHER JR.
in their capacity as Board Members of the Village of Ossining,
KAREN D'ATTORE in her capacity as VILLAGE MANAGER,
JACLYN GOLDBERG, in her capacity as SPECIAL COUNSEL,
STUART KAHAN, in his capacity as CORPORATION COUNSEL,
Defendants
...................................................................................... X
To the above-named Defendants:
YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of
appearance on the Plaintiffs at the address set forth below within twenty (20) days after
the service of this summons, exclusive of the day of service (or within thirty (30) days
after the service is complete, if this summons is not personally delivered to you within the
State ofNew York); and in case ofyour failure to appear or answer, judgment will be taken
against you by default for the relief demanded leein;
NOTICE: Defendants'
This action arises from inter alia, Corrupt and Tortious
Interference with the Business Relations of Plaintiffs, Breach of Contract, Breach of
Settlement Agreement, Fraud in the inducement of the Settlement Agreement, Unlawful
Retaliation and Conspiracy to prevent Plaintiffs from obtaining employment with any police
Defendants'
agency in the County of Westchester, arising out of, among other things, charging,
suspending without pay and ultimately leaving Plaintiffs with no alternative but to resign their
employment as Ossining police officers and thereafter, taking action to prevent Plaintiffs from
obtaining employment with any other police department in the County of Westchester. Plaintiffs
reserve the right to update and supplement the causes of action set forthherein.
The relief sought by Plaintiffs includes but is not limited to: (i) money damages in an
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amount to be determined at trial; (ii) rescission of any Settlement Agreement; (iii) immediate
reinstatement of Plaintiffs to their employment with the Village of Ossining as a Police
officer; (iv) and such other and further relief as the Court may grant.
In the case of your failure to appear or answer in this action, judgment will be taken
against you by default for the relief demanded herein above, together with the costs of this
action and prejudgment interest in an amount to be calculated by the Clerk of Court.
Dated: White Plains New York
July 5, 2023
THE LAW OFFICES OF MICHAEL
G. SANTANGELO PLLC
By: Michael G. Santangelo, Esq.
75 South Broadway
White Plains, New York 10601
(914) 304-4242
mgsesq@msn.com
BARTELS & FEUREISEN LL
By: George F. Hritz, Esq.
Attorneys for Plaintiffs
2 Depot Plaza, Suite 303
Bedford Hills, New York
10507
(914) 681-7175
(203) 570-2310
George@hritzlaw.com
TO: VILLAGE OF OSSINING
KEVIN SYLVESTER, RIKA LEVIN,
ROBERT FRITSCHE, OMAR LOPEZ,
DANA WHITE, DANA LEVENBERG,
ELIZABETH FELDMAN, JENNIFER FIELDS-TAWIL,
ANGELO MANICCHIO, MANUEL QUEZADA,
JACLYN GOLDBERG, VICTORIA GEARITY,
GREGORY MEYER, JACKIE SHAW,
NORTHERN WILCHER JR., KAREN D'ATTORE,
AND STUART KAHAN
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
......................................................................................X
LOUIS R. RINALDI AND ANDREA K. ZAMBRANO Index No.
Plaintiffs, VERIFIED
COMPLAINT
-against-
THE VILLAGE OF OSSINING,
THE TOWN OF OSSINING,
KEVIN SYLVESTER, RIKA LEVIN, ROBERT FRITSCHE,
OMAR LOPEZ, DANA WHITE, DANA LEVENBERG,
ELIZABETH FELDMAN, JENNIFER FIELDS-TAWIL,
ANGELO MANICCHIO, MANUEL QUEZADA,
VICTORIA GEARITY, GREGORY MEYER,
JACKIE SHAW, AND NORTHERN WILCHER JR.
in their capacity as Board Members of the Village of Ossining,
KAREN D'ATTORE in her capacity as VILLAGE MANAGER,
JACLYN GOLDBERG, in her capacity as SPECIAL COUNSEL,
and STUART KAHAN, in his capacity as CORPORATION C
COUNSEL
Defendants.
X
Plaintiffs, LOUIS RINALDI and ANDREA K. ZAMBRANO, by their attorneys,
GEORGE HRITZ, of Bartels & Feureisen, LLP and the Law Offices of MICHAEL G.
SANTANGELO, PLLC., as and for the Verified Complaint, herein alleges the following:
1. That at all times hereinafter mentioned, the Plaintiffs, LOUIS R. RINALDI and
ANDREA K. ZAMBRANO, were and still are residents of the County of Westchester, State of
New York.
2. That at all times hereinafter mentioned, upon information and belief, the
Defendant, THE TOWN OF OSSINING ("TOWN") was and still is a municipal corporation
organized and existing under and by virtue of the Laws of the State of New York. It conducts
business within the County of Westchester.
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3. That at all times hereinafter mentioned, upon information and belief, the
Defendant, THE VILLAGE OF OSSINING ("VILLAGE"), was and still is a municipal
corporation organized and existing under and by virtue of the Laws of the State of New York. It
conducts business within the County of Westchester.
4. That at all times hereinafter mention, defendant, KEVIN SYLVESTER
("SYLVESTER")was and remains the appointed Chief of Police for the Village of Ossining
Police Department (VOPD).
5. That at all times hereinafter mention, defendant, STUART KAHAN, ESQ.,
("KAHAN") was and remains Corporation Counsel for the Village of Ossining.
6. That at all times hereinafter mention, defendant, JACLYN GOLDBERG, ESQ.,
("GOLDBERG") was and is no longer, upon information and belief, Special Counsel for the
Village of Ossining.
7. That at all times hereinafter mention, as concerns Plaintiff, Louis R. Rinaldi, and
Andrea Zambrano, defendants, RIKA LEVIN, MANUEL QUEZADA, ROBERT FRITSCHE,
OMAR LOPEZ, ELIZABETH FELDMAN, GREGORY MEYER were and remain members of
the Village and/or Town Board for the Village and/or Town of Ossining.
8. That at all times hereinafter mentioned, as concerns Plaintiff, Louis R. Rinaldi
ZAMBRANO, defendants, DANA WHITE, DANA LEVENBERG, JENNIFER FIELDS-
TAWILL, ANGELO MANICCHIO, were or remain members of the Village and/or Town Board
for the Village and/or Town of Ossining.
9. That at all times hereinafter mentioned, as concerns Plaintiff, Andrea K.
Zambrano, defendants, VICTORIA GEARITY, JACKIE SHAW, NORTHERN WILCHER JR.,
were members of the Village and/or Town Board for the Village and/or Town of Ossining.
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10. That at all times hereinafter mentioned, as concerns Plaintiff, Louis R. Rinaldi,
defendant, KAREN D'ATTORE, was and remains the Village Manager for the Village of
Ossining.
11. That on August 3, 2015, Plaintiff, LOUIS R RINALDI, was hired by the Village
of Ossining as a police officer.
12. That on August 1, 2016, Plaintiff, ANDREA K. ZAMBRANO, was hired by the
Village of Ossining as a police officer.
JURISDICTION
13. The Plaintiffs reside within the County of Westchester, where this controversy
arose, giving this Honorable Court Jurisdiction over this matter.
THE FACTUAL ALLEGATIONS AS TO CHIEF KEVIN SYLVESTER
14. Since 2016, the Chief of Police for the Village of Ossining, Kevin Sylvester
("SYLVESTER"), has ruled over subordinate police officers using threats, department orders that
contraindicated medical recommendations, embellished or conjured up departmental charges,
arbitrarily issued suspensions, and state decertifications, all with the imprimatur of the
Corporation Counsel, Kahan, the Village and/or Town Board. Since his appointment,
SYLVESTER'S continuous corrupt actions have made police officers fearful of losing their
employ.
15. Indeed, since he had not fulfilled the requirements to become Chief at the time he
initially applied to be the Chief of the Village of Ossining, the Village and/or Town Board,
appointed SYLVESTER Chief of Police pending a later examination.
16. SYLVESTER was appointed Chief of Police for the VILLAGE of Ossining Police
Department on January 1, 2016.
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17. Since SYLVESTER'S appointment, there have been a minimum of three
harassment and/or discrimination complaints filed with the VILLAGE against him by police
officers in addition to, at a minimum, six Ossining Police Benevolent Association (PBA)
grievances.
18. In retaliation for filing grievances and complaints, SYLVESTER has on more than
one occasion used department charges as a tool to force police officers into making an admission
to a disciplinary charge, knowing full well that the VILLAGE, TOWN, and Corporation Counsel
would rubber stamp any charge or recommendation of punishment, whether or not those
department charges were supported by any facts and/or evidence. SYLVESTER, though his
conduct, has coerced police officers into pleading guilty to department charges and/or submitting
irrevocable letters of resignation by requesting the respondents be placed on administrative leave,
or immediately suspended without pay and/or medical benefits against the collective bargaining
agreement between the Ossining Police Benevolent Association (PBA) and the VILLAGE, being
fully aware this would leave them with no choice but to resolve the matter at their earliest
convenience.
19. On or about June 14, 2018, SYLVESTER threatened former police officer Louis
R. Rinaldi with department disciplinary charges, if he did not check into an in-patient
rehabilitation facility contrary to the medical recommendation of a physician. SYLVESTER had
problem."
determined on his own that Rinaldi had a "substance abuse When Rinaldi refused, he
was suspended from VOPD.
20. In fear of losing his job, on June 18, 2018, Rinaldi agreed to enter an in-patient
Model,"
rehabilitation program, "The Freedom beginning June 25, 2018. Upon his agreement to
enter the program, SYLVESTER immediately lifted the suspension and placed Rinaldi on
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duty,"
"modified and all pending disciplinary charges were withheld.
21. On or about April 1, 2020, former police officer Zambrano was served with
disciplinary charges and suspended without pay at the beginning of the COVID-19 pandemic,
contrary to the recommendations of VOPD Internal Affairs Commander, Jeff Giorgio, and
Lieutenant Aaron Zimmerman, who previously reported to SYLVESTER that there was
insufficient evidence to support department charges.
22. On or about April 1, 2020, former police officer Zambrano was suspended without
pay by the VILLAGE, although the action to do so, along with termination, was discussed and
agreed upon as early as November 13, 2019, with Corporation Counsel Stuart Kahan,
approximately five (5) months prior to any disciplinary charges being brought against her.
23. On or about February 2, 2021, SYLVESTER served former police officer Andrew
Pavone (PAVONE), the best man at his wedding and Godfather of his child, with departmental
disciplinary charges and requested that he be placed on administrative leave for an incident that
was investigated, unfounded, and closed by the Westchester County District Attorney's Office
(Police Integrity Investigation-2020PU-0016), on October 20, 2020..
24. On or about March 11, 2021, former police officer Pavone signed an irrevocable
20th
letter of resignation to be effective the date of his year anniversary of service and forfeited
30 days of pay. The settlement agreement entered between the VILLAGE and Pavone further
stated: "[U]pon submitting his resignation, Officer Pavone shall be deemed a retiree in good
standing."
20th
25. On the anniversary of Pavone's year of service and on the date in which his
resignation was effective, August 17, 2022, SYLVESTER had learned that Pavone intended to
seek employment as a part-time police officer at another police department in Westchester
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County. Fully aware of his intentions, SYLVESTER submitted a request to the State of New York
to decertify Pavone as a police officer, which was successful, as was his request to cut his medical
benefits that were due to continue, after Pavone's retirement.
26. In 2021, former police officer Marvese Renalls (RENALLS) was coerced into
retiring as a direct result of SYLVESTER'S relentless hostile work conditions imposed on her for
several years. Renalls filed a formal harassment complaint against SYLVESTER, along with
multiple grievances that the VILLAGE continuously disregarded.
27. In 2022, Detective Edward Walker (WALKER) similarly to Pavone, was served
with department
Preview
FILED: WESTCHESTER COUNTY CLERK 01/16/2024 11:02 AM INDEX NO. 63367/2023 NYSCEF DOC. NO. 72 Case 7:24-cv-00272 Document 1 Filed 01/12/24 PageRECEIVED 1 of 3 NYSCEF: 01/16/2024 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------------X LOUIS R. RINALDI and ANDREA K. ZAMBRANO, NOTICE OF REMOVAL Plaintiffs Docket No: 24-cv-272 -against- KEVIN SYLVESTER, in his personal capacity and in his capacity as the former Chief of Police for the Village of Ossining, EMILY HIRSHOWITZ, in her personal capacity and in her capacity Police Officer for the Village of Ossining, STUART KAHAN, in his personal capacity and in his capacity as Corporation Counsel for the Village of Ossining, THE BOARD OF TRUSTEES FOR THE VILLAGE OF OSSINING, and THE VILLAGE OF OSSINING, Defendants. -----------------------------------------------------------------X Defendants, by and through their attorneys, SOKOLOFF STERN LLP, as and for their Notice of Removal, set forth as follows: 1. Plaintiffs commenced this action in the Supreme Court of the State of New York, County of Westchester on July 6, 2023. (A copy of the summons and verified complaint is attached as Exhibit A.) The Verified Complaint asserted state-law claims related to Plaintiffs’ former employment by the Village of Ossining. It asserted no federal claims. 2. In response to a motion to dismiss by Defendants, Plaintiffs filed an amended complaint on September 6, 2023. (A copy of the amended verified complaint is annexed hereto as Exhibit “B”. The amended complaint asserted state-law claims related to Plaintiffs’ former employment with the Village of Ossining. It asserted no federal claims. 1 FILED: WESTCHESTER COUNTY CLERK 01/16/2024 11:02 AM INDEX NO. 63367/2023 NYSCEF DOC. NO. 72 Case 7:24-cv-00272 Document 1 Filed 01/12/24 PageRECEIVED 2 of 3 NYSCEF: 01/16/2024 3. In response to another defense motion to dismiss, on January 9, 2024, Plaintiffs filed a cross-motion seeking permission to file a Second Amended Complaint, a copy of which is annexed hereto as Exhibit “C”. The Second Amended Complaint asserts claims under 42 U.S.C. § 1983. See Cause of Action I (¶¶ 168-179), Cause of Action II (¶¶ 180-186), Cause of Action VI (¶¶ 207-219), Cause of Action VII (¶¶ 220-228), Cause of Action VIII (¶¶ 229-238). 4. Plaintiffs in the motion seek to add claims for (1) damages under 42 U.S.C. § 1983 and (2) attorneys fees under 42 U.S.C. § 1988. 5. The entire cross-motion to amend the complaint is annexed as Exhibit “D”. Plaintiffs’ memorandum of law relies on federal law in support of its motion. See Memo of Law, pp. 4-10. 6. No further proceedings have been held in this action. 7. This case, therefore, falls within this Court’s federal question jurisdiction under 28 U.S.C. § 1331, which provides, “The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” 8. Defendants may remove this action under 28 U.S.C. § 1441(a), which provides: Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending. 9. 28 U.S.C. § 1446(b)(3) provides that “if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant, through service or otherwise, of a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which is or has become removable.” (Emphasis added.) Removal is proper when a plaintiff responds to a motion to dismiss with a cross-motion to 2 FILED: WESTCHESTER COUNTY CLERK 01/16/2024 11:02 AM INDEX NO. 63367/2023 NYSCEF DOC. NO. 72 Case 7:24-cv-00272 Document 1 Filed 01/12/24 PageRECEIVED 3 of 3 NYSCEF: 01/16/2024 amend the complaint by adding a federal claim. See Neal v. Trugreen Ltd. Partnership,, 886 F.Supp. 527 (D. Md. 1995) Thus, removal is timely and proper. 10. The parties reside in Westchester County, and the alleged conduct giving rise to petitioner’s claims occurred in Westchester County, which is within the Southern District of New York. Therefore, removal to the White Plains courthouse of the Southern District of New York is proper. WHEREFORE, Defendants respectfully request that the above-captioned action/proceeding, pending in the Supreme Court of the State of New York, County of Westchester, be removed to this Court. Dated: Carle Place, New York January 12, 2024 SOKOLOFF STERN LLP Attorneys for Defendants By: BRIAN S. SOKOLOFF 179 Westbury Avenue Carle Place, NY 11514 (516) 334-4500 File No. 230093 TO: Abrams Fensterman, LLP Attorneys for Plaintiffs 81 Main Street, Suite 400 White Plains, NY 10601 The Law Offices of Michael G. Santangelo PLLC Attorneys for Plaintiffs 75 South Broadway White Plains, NY 10601 BY EMAIL 3 FILED: WESTCHESTER COUNTY CLERK 01/16/2024 11:02 AM INDEX NO. 63367/2023 NYSCEF DOC. NO. 72 Case 7:24-cv-00272 Document 1-1 Filed 01/12/24 Page 1 of 37 NYSCEF: 01/16/2024 RECEIVED Exhibit “A” FILED: WESTCHESTER COUNTY CLERK 01/16/2024 07/06/2023 11:02 08:37 AM INDEX NO. 63367/2023 72 Case 7:24-cv-00272 Document 1-1 Filed 01/12/24 Page NYSCEF DOC. NO. 1 2 of 37 NYSCEF: 01/16/2024 RECEIVED 07/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ......................................................................................X LOUIS R. RINALDI AND ANDREA K. ZAMBRANO Index No. Plaintiffs, SUMMONS WITH NOTICE -against- THE VILLAGE OF OSSINING, THE TOWN OF OSSINING, KEVIN SYLVESTER, RIKA LEVIN, ROBERT FRITSCHE, OMAR LOPEZ, DANA WHITE, DANA LEVENBERG, ELIZABETH FELDMAN, JENNIFER FIELDS-TAWIL, ANGELO MANICCHIO, MANUEL QUEZADA, VICTORIA GEARITY, GREGORY MEYER, JACKIE SHAW, AND NORTHERN WILCHER JR. in their capacity as Board Members of the Village of Ossining, KAREN D'ATTORE in her capacity as VILLAGE MANAGER, JACLYN GOLDBERG, in her capacity as SPECIAL COUNSEL, STUART KAHAN, in his capacity as CORPORATION COUNSEL, Defendants ...................................................................................... X To the above-named Defendants: YOU ARE HEREBY SUMMONED to appear in this action by serving a notice of appearance on the Plaintiffs at the address set forth below within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete, if this summons is not personally delivered to you within the State ofNew York); and in case ofyour failure to appear or answer, judgment will be taken against you by default for the relief demanded leein; NOTICE: Defendants' This action arises from inter alia, Corrupt and Tortious Interference with the Business Relations of Plaintiffs, Breach of Contract, Breach of Settlement Agreement, Fraud in the inducement of the Settlement Agreement, Unlawful Retaliation and Conspiracy to prevent Plaintiffs from obtaining employment with any police Defendants' agency in the County of Westchester, arising out of, among other things, charging, suspending without pay and ultimately leaving Plaintiffs with no alternative but to resign their employment as Ossining police officers and thereafter, taking action to prevent Plaintiffs from obtaining employment with any other police department in the County of Westchester. Plaintiffs reserve the right to update and supplement the causes of action set forthherein. The relief sought by Plaintiffs includes but is not limited to: (i) money damages in an 1 of 36 FILED: WESTCHESTER COUNTY CLERK 01/16/2024 07/06/2023 11:02 08:37 AM INDEX NO. 63367/2023 72 Case 7:24-cv-00272 Document 1-1 Filed 01/12/24 Page NYSCEF DOC. NO. 1 3 of 37 NYSCEF: 01/16/2024 RECEIVED 07/06/2023 amount to be determined at trial; (ii) rescission of any Settlement Agreement; (iii) immediate reinstatement of Plaintiffs to their employment with the Village of Ossining as a Police officer; (iv) and such other and further relief as the Court may grant. In the case of your failure to appear or answer in this action, judgment will be taken against you by default for the relief demanded herein above, together with the costs of this action and prejudgment interest in an amount to be calculated by the Clerk of Court. Dated: White Plains New York July 5, 2023 THE LAW OFFICES OF MICHAEL G. SANTANGELO PLLC By: Michael G. Santangelo, Esq. 75 South Broadway White Plains, New York 10601 (914) 304-4242 mgsesq@msn.com BARTELS & FEUREISEN LL By: George F. Hritz, Esq. Attorneys for Plaintiffs 2 Depot Plaza, Suite 303 Bedford Hills, New York 10507 (914) 681-7175 (203) 570-2310 George@hritzlaw.com TO: VILLAGE OF OSSINING KEVIN SYLVESTER, RIKA LEVIN, ROBERT FRITSCHE, OMAR LOPEZ, DANA WHITE, DANA LEVENBERG, ELIZABETH FELDMAN, JENNIFER FIELDS-TAWIL, ANGELO MANICCHIO, MANUEL QUEZADA, JACLYN GOLDBERG, VICTORIA GEARITY, GREGORY MEYER, JACKIE SHAW, NORTHERN WILCHER JR., KAREN D'ATTORE, AND STUART KAHAN 2 of 36 FILED: WESTCHESTER COUNTY CLERK 01/16/2024 07/06/2023 11:02 08:37 AM INDEX NO. 63367/2023 72 Case 7:24-cv-00272 Document 1-1 Filed 01/12/24 Page NYSCEF DOC. NO. 1 4 of 37 NYSCEF: 01/16/2024 RECEIVED 07/06/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER ......................................................................................X LOUIS R. RINALDI AND ANDREA K. ZAMBRANO Index No. Plaintiffs, VERIFIED COMPLAINT -against- THE VILLAGE OF OSSINING, THE TOWN OF OSSINING, KEVIN SYLVESTER, RIKA LEVIN, ROBERT FRITSCHE, OMAR LOPEZ, DANA WHITE, DANA LEVENBERG, ELIZABETH FELDMAN, JENNIFER FIELDS-TAWIL, ANGELO MANICCHIO, MANUEL QUEZADA, VICTORIA GEARITY, GREGORY MEYER, JACKIE SHAW, AND NORTHERN WILCHER JR. in their capacity as Board Members of the Village of Ossining, KAREN D'ATTORE in her capacity as VILLAGE MANAGER, JACLYN GOLDBERG, in her capacity as SPECIAL COUNSEL, and STUART KAHAN, in his capacity as CORPORATION C COUNSEL Defendants. X Plaintiffs, LOUIS RINALDI and ANDREA K. ZAMBRANO, by their attorneys, GEORGE HRITZ, of Bartels & Feureisen, LLP and the Law Offices of MICHAEL G. SANTANGELO, PLLC., as and for the Verified Complaint, herein alleges the following: 1. That at all times hereinafter mentioned, the Plaintiffs, LOUIS R. RINALDI and ANDREA K. ZAMBRANO, were and still are residents of the County of Westchester, State of New York. 2. That at all times hereinafter mentioned, upon information and belief, the Defendant, THE TOWN OF OSSINING ("TOWN") was and still is a municipal corporation organized and existing under and by virtue of the Laws of the State of New York. It conducts business within the County of Westchester. 3 of 36 FILED: WESTCHESTER COUNTY CLERK 01/16/2024 07/06/2023 11:02 08:37 AM INDEX NO. 63367/2023 72 Case 7:24-cv-00272 Document 1-1 Filed 01/12/24 Page NYSCEF DOC. NO. 1 5 of 37 NYSCEF: 01/16/2024 RECEIVED 07/06/2023 3. That at all times hereinafter mentioned, upon information and belief, the Defendant, THE VILLAGE OF OSSINING ("VILLAGE"), was and still is a municipal corporation organized and existing under and by virtue of the Laws of the State of New York. It conducts business within the County of Westchester. 4. That at all times hereinafter mention, defendant, KEVIN SYLVESTER ("SYLVESTER")was and remains the appointed Chief of Police for the Village of Ossining Police Department (VOPD). 5. That at all times hereinafter mention, defendant, STUART KAHAN, ESQ., ("KAHAN") was and remains Corporation Counsel for the Village of Ossining. 6. That at all times hereinafter mention, defendant, JACLYN GOLDBERG, ESQ., ("GOLDBERG") was and is no longer, upon information and belief, Special Counsel for the Village of Ossining. 7. That at all times hereinafter mention, as concerns Plaintiff, Louis R. Rinaldi, and Andrea Zambrano, defendants, RIKA LEVIN, MANUEL QUEZADA, ROBERT FRITSCHE, OMAR LOPEZ, ELIZABETH FELDMAN, GREGORY MEYER were and remain members of the Village and/or Town Board for the Village and/or Town of Ossining. 8. That at all times hereinafter mentioned, as concerns Plaintiff, Louis R. Rinaldi ZAMBRANO, defendants, DANA WHITE, DANA LEVENBERG, JENNIFER FIELDS- TAWILL, ANGELO MANICCHIO, were or remain members of the Village and/or Town Board for the Village and/or Town of Ossining. 9. That at all times hereinafter mentioned, as concerns Plaintiff, Andrea K. Zambrano, defendants, VICTORIA GEARITY, JACKIE SHAW, NORTHERN WILCHER JR., were members of the Village and/or Town Board for the Village and/or Town of Ossining. 4 of 36 FILED: WESTCHESTER COUNTY CLERK 01/16/2024 07/06/2023 11:02 08:37 AM INDEX NO. 63367/2023 72 Case 7:24-cv-00272 Document 1-1 Filed 01/12/24 Page NYSCEF DOC. NO. 1 6 of 37 NYSCEF: 01/16/2024 RECEIVED 07/06/2023 10. That at all times hereinafter mentioned, as concerns Plaintiff, Louis R. Rinaldi, defendant, KAREN D'ATTORE, was and remains the Village Manager for the Village of Ossining. 11. That on August 3, 2015, Plaintiff, LOUIS R RINALDI, was hired by the Village of Ossining as a police officer. 12. That on August 1, 2016, Plaintiff, ANDREA K. ZAMBRANO, was hired by the Village of Ossining as a police officer. JURISDICTION 13. The Plaintiffs reside within the County of Westchester, where this controversy arose, giving this Honorable Court Jurisdiction over this matter. THE FACTUAL ALLEGATIONS AS TO CHIEF KEVIN SYLVESTER 14. Since 2016, the Chief of Police for the Village of Ossining, Kevin Sylvester ("SYLVESTER"), has ruled over subordinate police officers using threats, department orders that contraindicated medical recommendations, embellished or conjured up departmental charges, arbitrarily issued suspensions, and state decertifications, all with the imprimatur of the Corporation Counsel, Kahan, the Village and/or Town Board. Since his appointment, SYLVESTER'S continuous corrupt actions have made police officers fearful of losing their employ. 15. Indeed, since he had not fulfilled the requirements to become Chief at the time he initially applied to be the Chief of the Village of Ossining, the Village and/or Town Board, appointed SYLVESTER Chief of Police pending a later examination. 16. SYLVESTER was appointed Chief of Police for the VILLAGE of Ossining Police Department on January 1, 2016. 5 of 36 FILED: WESTCHESTER COUNTY CLERK 01/16/2024 07/06/2023 11:02 08:37 AM INDEX NO. 63367/2023 72 Case 7:24-cv-00272 Document 1-1 Filed 01/12/24 Page NYSCEF DOC. NO. 1 7 of 37 NYSCEF: 01/16/2024 RECEIVED 07/06/2023 17. Since SYLVESTER'S appointment, there have been a minimum of three harassment and/or discrimination complaints filed with the VILLAGE against him by police officers in addition to, at a minimum, six Ossining Police Benevolent Association (PBA) grievances. 18. In retaliation for filing grievances and complaints, SYLVESTER has on more than one occasion used department charges as a tool to force police officers into making an admission to a disciplinary charge, knowing full well that the VILLAGE, TOWN, and Corporation Counsel would rubber stamp any charge or recommendation of punishment, whether or not those department charges were supported by any facts and/or evidence. SYLVESTER, though his conduct, has coerced police officers into pleading guilty to department charges and/or submitting irrevocable letters of resignation by requesting the respondents be placed on administrative leave, or immediately suspended without pay and/or medical benefits against the collective bargaining agreement between the Ossining Police Benevolent Association (PBA) and the VILLAGE, being fully aware this would leave them with no choice but to resolve the matter at their earliest convenience. 19. On or about June 14, 2018, SYLVESTER threatened former police officer Louis R. Rinaldi with department disciplinary charges, if he did not check into an in-patient rehabilitation facility contrary to the medical recommendation of a physician. SYLVESTER had problem." determined on his own that Rinaldi had a "substance abuse When Rinaldi refused, he was suspended from VOPD. 20. In fear of losing his job, on June 18, 2018, Rinaldi agreed to enter an in-patient Model," rehabilitation program, "The Freedom beginning June 25, 2018. Upon his agreement to enter the program, SYLVESTER immediately lifted the suspension and placed Rinaldi on 6 of 36 FILED: WESTCHESTER COUNTY CLERK 01/16/2024 07/06/2023 11:02 08:37 AM INDEX NO. 63367/2023 72 Case 7:24-cv-00272 Document 1-1 Filed 01/12/24 Page NYSCEF DOC. NO. 1 8 of 37 NYSCEF: 01/16/2024 RECEIVED 07/06/2023 duty," "modified and all pending disciplinary charges were withheld. 21. On or about April 1, 2020, former police officer Zambrano was served with disciplinary charges and suspended without pay at the beginning of the COVID-19 pandemic, contrary to the recommendations of VOPD Internal Affairs Commander, Jeff Giorgio, and Lieutenant Aaron Zimmerman, who previously reported to SYLVESTER that there was insufficient evidence to support department charges. 22. On or about April 1, 2020, former police officer Zambrano was suspended without pay by the VILLAGE, although the action to do so, along with termination, was discussed and agreed upon as early as November 13, 2019, with Corporation Counsel Stuart Kahan, approximately five (5) months prior to any disciplinary charges being brought against her. 23. On or about February 2, 2021, SYLVESTER served former police officer Andrew Pavone (PAVONE), the best man at his wedding and Godfather of his child, with departmental disciplinary charges and requested that he be placed on administrative leave for an incident that was investigated, unfounded, and closed by the Westchester County District Attorney's Office (Police Integrity Investigation-2020PU-0016), on October 20, 2020.. 24. On or about March 11, 2021, former police officer Pavone signed an irrevocable 20th letter of resignation to be effective the date of his year anniversary of service and forfeited 30 days of pay. The settlement agreement entered between the VILLAGE and Pavone further stated: "[U]pon submitting his resignation, Officer Pavone shall be deemed a retiree in good standing." 20th 25. On the anniversary of Pavone's year of service and on the date in which his resignation was effective, August 17, 2022, SYLVESTER had learned that Pavone intended to seek employment as a part-time police officer at another police department in Westchester 7 of 36 FILED: WESTCHESTER COUNTY CLERK 01/16/2024 07/06/2023 11:02 08:37 AM INDEX NO. 63367/2023 72 Case 7:24-cv-00272 Document 1-1 Filed 01/12/24 Page NYSCEF DOC. NO. 1 9 of 37 NYSCEF: 01/16/2024 RECEIVED 07/06/2023 County. Fully aware of his intentions, SYLVESTER submitted a request to the State of New York to decertify Pavone as a police officer, which was successful, as was his request to cut his medical benefits that were due to continue, after Pavone's retirement. 26. In 2021, former police officer Marvese Renalls (RENALLS) was coerced into retiring as a direct result of SYLVESTER'S relentless hostile work conditions imposed on her for several years. Renalls filed a formal harassment complaint against SYLVESTER, along with multiple grievances that the VILLAGE continuously disregarded. 27. In 2022, Detective Edward Walker (WALKER) similarly to Pavone, was served with department