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ECBAWM Clients Sue State College, PA Police for Fatal Shooting

Emery Celli Brinckerhoff Abady Ward & Maazel LLP has filed a federal civil rights lawsuit on behalf of Osaze Osagie’s family against the Borough of State College as well as ten State College Police Department (“SCPD”) officers. The complaint addresses the systemic failures that resulted in a State College police officer fatally shooting 29-year-old Osaze Osagie, who was suffering a mental health crisis at the time, on March 20, 2019.

Osaze Osagie’s family hopes to expose the policies and practices that allowed for such an injustice to occur. In a statement released by their legal team they elaborate, “The Osagie family files this case today with deep resolve, but also with a heavy heart.  They are determined to seek justice for their beloved son, which includes holding the Borough and SCPD accountable for their systemic failings in creating and maintaining a broken policing system that caused his untimely death.” The family also seeks compensatory and punitive damages.

You can read the complaint here.

You can read more about this case here.

ECBAWM attorneys Andrew G. Celli, Jr., Earl S. Ward, and David Berman represent the plaintiffs, alongside The Law Office of Andrew Shubin and Kathleen Yurchak from Steinbacher, Goodall, and Yurchak.

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Celli to Lead Independent Investigation of Rochester City Government in the Wake of the Death of Daniel Prude

The Council of the City of Rochester, NY, has selected ECBAWM’S Andrew G. Celli, Jr. to lead an independent investigation of Rochester city government in the wake of the death of Daniel Prude, a mentally ill man who died in police custody last Spring. The death had been attributed to a drug overdose, but police body camera footage and the report of the Monroe County Medical Examiner released in September show that Mr. Prude died of asphyxia while being restrained by Rochester police. The investigation will focus on whether there was an attempt by any city official or employee to suppress the truth about the circumstances of Mr. Prude’s death. In addition to Mr. Celli, ECBAWM partner Katherine Rosenfeld and associate Scout Katovitch will conduct the investigation. Stories about ECBAWM’s investigation can be found in Spectrum News, the Democrat and Chronicle, and in WXXI News, both here and here.

The subpoenas issued in this investigation can be found here.

ECBAWM also represents the Rochester City Council in defending a case brought by the local police union to invalidate a charter amendment that created an all-civilian Police Accountability Board with the power to discipline officers found to have committed misconduct. You can read about ECBAWM’s work in Rochester in the Democrat and Chronicle.

 

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New York Court Strikes Down Unlawful Airbnb Tickets

On May 8, 2020, a New York state court ruled that ECBAWM client Stanley “Skip” Karol may rent out a portion of his Brooklyn home through Airbnb. The court directed the City to return the thousands of dollars in fines it had levied against Mr. Karol and to “[l]eave the poor guy alone.” The City had ticketed Mr. Karol for renting out his basement through Airbnb. ECBAWM attorneys filed a case challenging the legality of those tickets, and the Court ruled in Mr. Karol’s favor.

A full copy of the decision can be found here. Reporting on the decision appears in the New York Daily News here and in Politico here and here.

Mr. Karol is represented by ECBAWM attorneys Andrew G. Celli, Debra L. Greenberger, and Andrew K. Jondahl.

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Trump Family’s Effort to Compel Arbitration of Fraud Case Denied

On April 8, 2020, a federal court denied the attempt of Donald Trump, his immediate family, and The Trump Corporation to compel arbitration of the fraud case pending against them in the Sothern District of New York. The case, filed in the fall of 2018, alleges the Trumps defrauded investors into purchasing memberships in a multi-level marketing scheme called ACN.  The Trumps had argued that the court should stay the fraud case in favor of individual arbitration based on agreements that the investors had signed with ACN. The court denied the motion on the grounds that the Trumps and ACN were never sufficiently connected such that the investors would have understood that any of their contractual obligations with ACN would correspond to obligations with the Trumps.

A full copy of the decision can be found here.  Reporting on the decision in Reuters can be found here and on Bloomberg Quint here.

The investors are represented by ECBAWM attorneys Andrew G. Celli, Jonathan S. Abady, Matthew D. Brinckerhoff, O. Andrew F. Wilson, Katherine Rosenfeld, Sam Shapiro, David Berman, and Nick Bourland.

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New York Times Features Victories by ECBAWM Clients over Big Development

Two ECBAWM clients were featured by the New York Times in its recent article The People vs. Big Development. The article highlights a court order blocking a massive development project, heavily opposed by the local community, in the Two Bridges neighborhood on Manhattan’s Lower East Side.  The New York City Council, represented by ECBAWM, and the Manhattan Borough President sued the City’s development agencies for approving the project without undergoing the City’s public land use review process, known as ULURP, which requires extensive community input and final approval by the City Council. Supreme Court Justice Arthur Engoron granted a permanent injunction enjoining any construction on the project until a ULURP review is performed.

The article also highlights the legal challenge to the 200 Amsterdam tower, in which ECBAWM represents the Municipal Art Society of New York and the Committee for Environmentally Sound Development in a suit challenging the developer’s creation of a “gerrymandered” 39-sided zoning lot.  As The Times reports, the resulting out-of-scale tower would be over twice the height of nearby towers, and the “tallest north of 61st Street.”

To read the article, click here.

ECBAWM attorneys Andrew G. Celli Jr.Debbie Greenberger, and David Berman represent the New York City Council.

ECBAWM Attorneys Richard D. Emery and Katherine Rosenfeld represent the Municipal Art Society of New York and the Committee for Environmentally Sound Development.

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ECBAWM Files Notice of Intent to Sue Police Officers Who Shot and Killed Osaze Osagie

ECBAWM, along with co-counsel, filed a Notice of Claim today on behalf of Sylvester and Iyunolu Osagie, the parents of 29-year-old Osaze Osagie, indicating their intent to sue the Pennsylvania State College Police Department (“SCPD”) and the officers who six months ago shot and killed their then 29-year old son. Sylvester Osagie asked the police to help him find Osaze, so that he could secure treatment for his suicidal son who was suffering a serious mental health crisis. Instead of helping Osaze, an officer shot him three times in the back, killing him.

“The mental health processes in place failed our son. The police procedures also failed our son. And the officers who responded to our son’s apartment failed him as well. We are bringing this case to make sure Osaze is the last person to die under such circumstances,” said Sylvester Osagie.

“Osaze would still be alive today if the police had followed standard procedures for handling mental health emergencies. This tragic loss of life didn’t have to happen; Osaze Osagie did not have to die.” said ECBAWM partner Andrew G. Celli, Jr.

Read the press release and coverage of the filing here, here, here and here.

ECBAWM partners Andrew G. Celli, Jr. and Elizabeth Saylor represent the family along with Pennsylvania lawyers Andrew Shubin and Kathleen Yurchak.

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Court Grants Preliminary Injunction and Article 78 Petition Blocking Construction in Two Bridges Neighborhood

On August 1, 2019, state Supreme Court Justice Arthur Engoron granted a preliminary injunction and Article 78 Petition blocking the construction of four massive towers in the Two Bridges neighborhood in Manhattan. The New York City Council, represented by ECBAWM, and the Manhattan Borough President sued the City’s development agencies for avoiding the City’s public land use review process, known as ULURP, which requires final approval by the City Council.  ECBAWM attorneys Andrew G. Celli Jr.Debbie Greenberger, and David Berman represent the New York City Council.

The decision was covered by the New York Times,  New York Post, Gothamist, and Curbed.

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ECBAWM Wins Unsealing of Court Records in First Amendment Ruling

On July 3, 2019, after nearly three years of litigation, ECBAWM won a significant constitutional victory when the Second Circuit Court of Appeals ordered the unsealing of court records in Giuffre v. Maxwell. The firm appeared on behalf of Harvard Law professor Alan Dershowitz, an intervenor in the case, and it successfully argued that the wholesale sealing of records by the district judge violated the First Amendment’s “presumption of openness” for judicial documents; the presumption, the court reaffirmed, is essential to ensuring transparency and public oversight of the courts.

ECBAWM’s application for unsealing was followed by related applications filed by The Miami Herald and another media outlet, both of which were also granted.

Professor Dershowitz was represented by Andrew G. Celli, Jr. and David Lebowitz.

Coverage of the decision can be found here and here.

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Representing the New York City Council, ECBAWM Obtains Temporary Halt to Two Bridges Development

On June 5, 2019, state Supreme Court Justice Arthur Engoron extended a temporary restraining order blocking the construction of a development project in the Two Bridges neighborhood in Manhattan. The City Council, represented by ECBAWM, and the Manhattan Borough President sued the City’s development agencies for avoiding the public land use review process, known as ULURP, which requires final approval by the City Council. ECBAWM attorneys Andrew G. Celli Jr., Debbie Greenberger, and David Berman represent the New York City Council.

The decision was covered by the New York Post, Gothamist, The Real Deal, and City Limits.

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Andrew G. Celli, Jr. Appointed to James Transition Committee

In early December 2018, New York State Attorney General-elect Letitia James appointed ECBAWM co-founding partner Andrew G. Celli, Jr. to her Transition Committee and selected him to lead the Committee’s working group on civil rights enforcement. Celli, who served as Chief of the Civil Rights Bureau in the Office of the Attorney General from 1999 until 2003, convened a group of 35 leading civil rights lawyers to generate ideas and comment on priorities for the new Attorney General. He presented the group’s findings to General James and the full Transition Committee at the Committee’s final meeting on January 23, 2019.

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