carusocomplaint_redacted.pdf
DESCRIPTION
A copy of the complaint by attorneys for Mario Caruso, alleging former Putnam County Sheriff Confidential Advisor William Sayegh used his position to benefit private clientsTRANSCRIPT
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF PUTNAM
MARIO CARUSO,
Plaintiff,
-X
Index No.
-against- VERIFIED COMPLAINT
JENNIFER S. BUMGARNER, Putnam County Attorney,COUNTY OF PUTNAM, WILLIAM G. SAYEGH,THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C.,WILLIAM J. MCNAMARA, GERALD A. SCHRAMEK,CALLAHAN & FUSCO, LLC, DEBRA L. GIORDONELLOandADAM B. LEVY, Putnam County District Attorney,
Defendants._x
The plaintiff, by his attorneys, SPAIN &SPAIN, P.C.complaining ofthe defendants
herein, respectfully showsandalleges:
FIRST: That, at all times hereinafter mentioned, the plaintiff, MARIO CARUSO was
and still is a resident of the County ofPutnam, StateofNew Yorkand residesat 19Carolan
Road East, Carmel, New York.
SECOND: That, at all times hereinaftermentioned,upon information and belief,
defendant JENNIFER S. BUMGARNER wasand still is the dulyappointed county attorney for
the County ofPutnamand is named hereinin her capacity therewith.
THIRD; That,at ail times hereinafter mentioned, upon information and belief, the
COUNTY OF PUTNAM was and still is a New York State municipal corporation with offices at
Two County Center, Carmel, New York
FOURTH: That, at all timeshereinafter mentioned, uponinformation and belief,
defendant WILLIAM G. SAYEGH wasandstill is an attorney at lawduly licensed to practice
lawin the Stateof New Yorkand maintains an officeat 65 Gleneida Avenue, Carmel New York.
Defendant WILLIAM G. SAYEGH isalso anemployee of the Putnam County Sheriffs
Department serving as theConfidential Advisor to the Putnam County Sheriff.
FIFTH: That, at all times hereinafter mentioned, upon information and belief, defendant
THE LAW OFFICES OFWILLIAM G. SAYEGH, P.C, wasand still is a domestic professional
corporation, organized and existing pursuant to the laws of the Stateof NewYork, with its office
and principal placeof business located at 65 Gleneida Avenue, Carmel, NewYork.
SIXTH: That, at all times hereinafter mentioned, upon information andbelief,
WILLIAM J. MCNAMARA and GERALD A. SCHRAMEK, were and still are sworn police
officers employed by the Putnam County Sheriffs Department, Three County Center, Carmel,
New York and had involvement intheplaintiffs criminal case. WILLIAM J. MCNAMARA is,
upon information andbelief, an attorney licensed to practice lawin the State of NewYork and
maintainsan office at PO Box 1557,Carmel,New York.
SEVENTH: That, at all timeshereinafter mentioned, upon information and belief,
defendant CALLAHAN & FUSCO, LLC wasandstill is a lawfirm composed of attorneys
licensed topractice law in theState ofNew York and maintains anoffice located at 72 Eagle
Rock Avenue, Suite 320, East Hanover, New Jersey 07936. The defendants provide legal
services to the County of Putnam under various personal service contracts authorized by
defendant JENNIFER S. BUMGARNER.
EIGHTH: That,at all timeshereinafter mentioned, upon information and belief,
defendant DEBRA L. GIORDONELLO, was and still isa sworn probation officer employed by
thePutnam County Probation Department, Two County Center, Carmel, New Yorkandwas the
assigned probation officer for the plaintiffherein.
NINTH: That, at all times hereinafter mentioned, upon information andbelief,
defendant ADAM B. LEVY, was and still isthe duly elected District Attorney ofPutnam County
and is named hereinas his interestmay appear.
TENTH: That, atalltimes hereinafter mentioned upon information and belief, non-party
DENNIS J. , resided and still resides at 102 Dixon Road, Carmel, New York,
adjacent to thehome owned bytheplaintiffherein. Non-party DENNIS J. ,
individually and onbehalfoffamily members, may have civil claims against theplaintiffherein.
Throughout all proceedings had herein, hehasbeen represented by defendant THE LAW
OFFICES OF WILLIAM G. SAYEGH, P.C.
ELEVENTH: ThatonSeptember 30,2009 plaintiffMARIO CARUSO was charged by
felony complaint, issued bythe Putnam County Sheriffs Department, with Sexual Abuse in the
FirstDegree, alleging that he touched the breast of a minor female in 2003. On February 16,
2011 plaintiffwas convicted, by plea ofguilty, oftwo counts ofSexual Abuse in the First
Degree. On May 18,2011 he wassentenced to twoconsecutive sentences of one year in the
Putnam County Correctional Facility. He wasalso sentenced to ten-yearsexualoffender
probation and designated a Level 3 sexual offender.
TWELFTH: At the sentencing hearing, attorneys fromdefendant THE LAW OFFICES
OF WILLIAM G. SAYEGH, P.C. appeared for non-party DENNIS J. and
interested family members anddemanded thatthe courtissueanorderof protection with a 1500
foot stayaway provision, effectively preventing plaintifffrom living in hishome. Upon
information andbelief, this stayaway provision wassought to force plaintiffto sellhis home and
thereby createa fund of money against which a civilmoney judgment couldbe attached. The
court issued anorder ofprotection which included a stay away provision barring theplaintiff
from returning to his home.
THIRTEENTH: ByOrderto ShowCause returnable on August10,2011 plaintiff,
represented by attorneys C. Compton Spain andAndrew Rubin, sought an amendment to the
order ofprotection vacating the stay away provision and allowing himto return to hishome. The
People of the State ofNew York represented bydefendant ADAM B.LEVY, Putnam County
District Attorney, submitted opposition thereto. The victim, byand through DENNIS J.
was represented by defendant THE LAWOFFICES OF WILLIAM G.
SAYEGH, P.C. andopposed theapplication.
FOURTEENTH: Thatduring thependency of theseproceedings, andupon information
andbelief, defendants WILLIAM G. SAYEGH, GERALD A. SCHRAMEK, WILLIAM J.
MCNAMARA and DEBRA L. GIORDONELLO obtained, reviewed, anddisclosed to defendant
THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C, including associate attorneys Robert
Weiss and Kenneth Rones, confidential and privileged information compiled by thePutnam
County Sheriffs Department for lawenforcement purposes. These defendants further disclosed
confidential and privileged communications with Putnam County Assistant District Attorney
Chana Krauss. These disclosures weremade for the purpose of denying the plaintiffa full and
fair hearing on theapplication to amend the orderofprotection, adversely affecting and
improperly influencing the outcome of theproceeding, andto aid,assistand provide an
advantage and benefit to defendants WILLIAM G. SAYEGH, THE LAW OFFICES OF
WILLIAM G. SAYEGH, P.C and the privatelaw client,non-party DENNIS J.
in the criminal proceeding and anticipated civilproceedings relatedhereto.
FIFTEENTH: Defendants WILLIAM J. MCNAMARA and GERALD A.
SCHRAMEK, upon receiving subpoenas to testify in thecriminal proceeding, requested that
separate counsel be appointed by county attorney JENNIFER BUMGARNER who then
designated thelaw firm ofdefendant CALLAHAN & FUSCO, LLC to represent the defendants
in the criminal proceeding. Defendants WILLIAM J. MCNAMARA and GERALD A.
SCHRAMEK failed and refused to disclose thattherequest forseparate counsel was forthe
purposes ofconcealing their misconduct and the conflict of interest ofconfidential advisor
WILLIAM G. SAYEGH.
FIRST CAUSE OF ACTION
AGAINST JENNIFER S. BUMGARNER, Putnam County Attorney,COUNTY OF PUTNAM and CALLAHAN & FUSCO, LLC
(Declaratory judgment: General Municipal Law §51)
SIXTEENTH: New York State County Law §501 provides inpart, thatthecounty
attorney ".. .shall prosecute and defend allcivil actions and proceedings brought byor against the
county.. .and anyofficer..." Thecounty attorney may"employ counsel to assist in anycivil
action or proceeding..." The New YorkState County Law §700 provides in part, that"...it shall
betheduty ofevery district attorney to conduct all prosecutions for crimes and offenses
cognizable by the courts of the county..." (emphasis added). There isno overlap or concurrent
jurisdiction; the county attorney has no jurisdiction over the conduct of prosecutions for crimes
and offenses. Likewise, thedistrict attorney has noauthority over civil matters.
SEVENTEENTH: Inorabout October of2011, defendant JENNIFER S.
BUMGARNER, as county attorney, designated and assigned defendant CALLAHAN &
FUSCO, LLC to provide legal representation to defendantsWILLIAM J. MCNAMARA and
GERALD A. SCHRAMEK relative to their involvement inthe application ofplaintiff to amend
the order ofprotection. This is, and was, acriminal prosecution over which the county attorney
has no jurisdiction. Upon information and belief, defendants WILLIAM J. MCNAMARA and
GERALD A. SCHRAMEK sought legal advice from defendant attorneys CALLAHAN &
FUSCO, LLC as to how to conceal or obfuscate their misconduct inproviding privileged and
confidential information to defendant THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C.
and its private client. They also wished toconceal from the court the improper conflict of
interest of defendant WILLIAM G. SAYEGH inserving as confidential advisor to the Sheriff of
Putnam County and as private attorney for non-party DENNIS J. .
EIGHTEENTH: General Municipal Law §51 provides in part, that "...all officers...of
any county.. .may beprosecuted, and an action may bemaintained...to prevent waste...or to
restore and make good, any...funds ...ofsuch county...by any person...whose
assessment.. .shall amount toone thousand dollars, and who shall beliable topay taxes on such
assessment in the county...." PlaintiffMARIO CARUSO isaproperty owner liable to pay taxes
on an assessment in excess ofone thousand dollars.
NINETEENTH: The retention ofthe law firm ofdefendant CALLAHAN & FUSCO,
LLC and the payment ofany fees to represent individual members ofthe Putnam County
Sheriffs Department inpending orconcluded criminal prosecutions is illegal, improper and
unauthorized by lawand will result ina waste of taxpayer funds.
TWENTIETH: By reason ofthe forgoing, plaintiffrespectfully requests ajudgment
declaring that the appointment and retention ofdefendants CALLAHAN &FUSCO, LLC to
provide legal services to members ofthe Putnam County Sheriffs Department relative to the
plaintiffs caseis illegal andimproper.
SECOND CAUSE OF ACTIONAGAINST JENNIFER S.BUMGARNER, Putnam County Attorney,
COUNTY OF PUTNAM and CALLAHAN & FUSCO, LLC(Injunction: GeneralMunicipalLaw §51)
TWENTY-FIRST: Plaintiffrepeats and reiterates each and every allegation contained
inparagraphs "FIRST" though "TWENTIETH" ofthe complaint as if fully set forth herein.
TWENTY-SECOND: By reason ofthe forgoing, plaintiff respectfully requests the
defendants JENNIFER S. BUMGARNER as county attorney and the COUNTY OF PUTNAM
bepermanently enjoined and restrained from retaining the law firm ofdefendant CALLAHAN &
FUSCO, LLC to provide legal representation to any county employee relative to plaintiffs
criminal case, and that the defendants be permanently enjoined and restrained from paying any
monies to defendant CALLAHAN &FUSCO, LLC for services rendered herein, and that
defendant CALLAHAN & FUSCO, LLC be directed to return and restore any monies received
from defendant COUNTY OF PUTNAM for legal services rendered herein.
THIRD CAUSE OF ACTION
AGAINST WILLIAM G. SAYEGH, WILLIAM J. MCNAMARA,GERALD A. SCHRAMEK and DEBRA L. GIORDONELLO
(Injunction: Putnam County Code §55-10)
TWENTY-THIRD: Plaintiff repeats and reiterates each and every allegation contained
in paragraphs "FIRST" through "TWENTY-SECOND" ofthe complaint as if fully set forth
herein.
TWENTY-FOURTH: The Code ofPutnam County, duly enacted by the Putnam
County Legislature, provides, in part, at §55-3 that: "No County employee shall disclose
confidential information acquired by him or her in the course ofofficial duties or to use such
information to further his or her personal interestor use for profitof himselfor herselfor
others..."
TWENTY-FIFTH: Defendants WILLIAM G. SAYEGH, WILLIAM J. MCNAMARA,
GERALD A. SCHRAMEK and DEBRA L. GIORDONELLO acquired, disclosed, and used
confidential information obtained fromthe Putnam County Sheriffs Department and the Putnam
County Department ofProbation to benefit themselves and their friend, colleague and co-
employee defendant WILLIAM G. SAYEGH and the private clients ofdefendants WILLIAM G.
SAYEGH and THELAW OFFICES OF WILLIAM G. SAYEGH, P.C, as well as to improperly
influence the outcome ofcriminal proceedings in the PutnamCounty Courtand offer advantage
to the private party.
TWENTY-SIXTH: The Code of Putnam County provides, in part, at §55-10 that "Any
resident...may initiate an action...for injunctiverelief to enjoin an officeror employeefrom the
county from violating this chapter..."
TWENTY-SEVENTH: By reason hereof,plaintiff respectfully requests the defendants
WILLIAM G. SAYEGH, WILLIAM J. MCNAMARA, GERALD A. SCHRAMEK and DEBRA
L. GIORDONELLO bepermanently enjoined andrestrained from disclosing anyinformation
acquired in the course of theiremployment withthe Putnam County Sheriffs Department and/or
the Putnam County Department ofProbation to defendant THE LAW OFFICES OF WILLIAM
G. SAYEGH, P.C, or any privateperson or attorney actingon his behalf.
FOURTH CAUSE OF ACTION
AGAINST WILLIAM G. SAYEGH AND
THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C.(Disqualification)
TWENTY-EIGHTH: Plaintiffrepeatsand reiterates each and everyallegation
contained inparagraphs "FIRST" through "TWENTY-SEVENTH" of the complaint as iffully
set forth herein.
TWENTY-NINTH: TheRules of Professional Conduct provide, in part,at §1.11(c), as
follows: "...a lawyer having information that thelawyer knows isconfidential government
information about a person, acquired when the lawyer was a public officer or employee, may not
represent a private client whose interests areadverse to that person in a matter inwhich the
information could be usedto thematerial disadvantage of thatperson." TheRules of
Professional conduct provide, inpart, at §1.11(d), as follows: "A lawyer whoholds public office
shall not:..., (2) use the public position to influenceor attempt to influencea tribunal to act in
favor of the lawyer or of a client..."
THIRTIETH: Defendant WILLIAM G. SAYEGH, as an employee of the Putnam
County Sheriffs Department obtained confidential information relative to plaintiffs criminal
case and used or attempted to use this information to benefitnon-party DENNIS J.
, a private client ofhis law firm defendant THE LAW OFFICES OF WILLIAM
G. SAYEGH, P.C, in a matterpending in the PutnamCountyCourt.
TmnTY-graSTV By reason of the forgoing, defendants WILLIAMG. SAYEGHand
THE LAWOFFICES OF WILLIAM G. SAYEGH, P.C. shouldbe permanently disqualified
from representing DENNIS J. or anymembers ofbis family in anyfurther civilor
criminal proceedings.
WHEREFORE, plaintiffdemandsjudgment as follows:
(1) On the first cause of action, a judgment declaring the appointment and retention of
defendants CALLAHAN & FUSCO, LLC to provide legal services to members of the Putnam
County Sheriffs Department relative to the plaintiffs case illegaland improper; and
(2) On the second cause of action, an order permanently enjoining and restraining
defendants JENNIFER S. BUMGARNER, Putnam County Attorney and the COUNTY OF
PUTNAM fromhiring, retaining or designating outside attorneys to provide legalrepresentation
to members of the Putnam County Sheriffs Department in any criminal proceedings involving
the plaintiffherein; and
(3) Onthesecond cause ofaction, an order directing defendant CALLAHAN & FUSCO,
LLC return and restore any monies received from defendant COUNTY OF PUTNAM for legal
services rendered in representing defendants WILLIAM J. MCNAMARA AND GERALD A.
SCHRAMEK, in the criminal case of plaintiffherein; and
(4) On the third cause of action, an order permanently enjoining and restraining
defendants WILLIAM G. SAYEGH, WILLIAM J. MCNAMARA, GERALD A. SCHRAMEK
AND DEBRA L. GIORDONELLO from disclosing any information acquired in the course of
their employment with the Putnam County Sheriffs Department and/or the Putnam County
Department of Probation to defendant THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C,
or any private person or attorney acting on his behalf related toor inconnection with the plaintiff
herein; and
(5) On the fourth cause of action, an order permanently disqualifying defendants
WILLIAM G. SAYEGH AND THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C from
representing Dennis J. or any members of his family in any further civil or criminal
proceedings relating to orinvolving the plaintiffherein; and
(6) Judgment awarding the costs and disbursements of this action together with such
other and further reliefasthiscourt deems just and proper.
Dated: Mahopac, New YorkJanuary 18,2012
LPTON S
SPAIN, r*
SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF PUTNAM
MARIO CARUSO,
Plaintiff,
-against-
-X
JENNIFER S. BUMGARNER, Putnam County Attorney,COUNTY OF PUTNAM, WILLIAM G. SAYEGH,THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C,WILLIAMJ. MCNAMARA,GERALDA. SCHRAMEK,CALLAHAN & FUSCO, LLC, DEBRA L. GIORDONELLOand ADAM B. LEVY, Putnam County District Attorney,
Defendants.
STATE OF NEW YORK)COUNTY OF PUTNAM ).ss:
Index No.
ATTORNEY AFFIDAVIT
IN SUPPORT OF ORDER
TO SHOW CAUSE FOR
A PRELIMINARY
INJUNCTION
C. COMPTON SPAIN, beingduly sworn, deposes andsays:
1. That I ama member of the firm of SPAIN & SPAIN, P.C, attorneys for plaintiff
MARIO CARUSO, am fullyfamiliar with, andhavepersonal knowledge of, the factsand
circumstances of thiscaseandmake this affidavit in support of theannexed Order to Show
Cause fora preliminary injunction. Thecourt is also respectfully referred to the Summons and
VerifiedComplaintseekinga permanentinjunction annexedheretoas exhibit"A", and filed
simultaneously herewith.
2. Thisis anapplication fora preliminary injunction pursuant to CPLR §6301, et. seq., to
enjoin and restrain defendants from commission and continuanceof acts, which, ifcommitted
andcontinued during the pendency of the underlying action would produce injury to the plaintiff.
3. The underlying action seeksadeclaratory judgment, disqualification from
representation and permanent injunctions against nameddefendants as follows:
(1) On the first cause of action, ajudgment declaring theappointment and
retention ofdefendants CALLAHAN & FUSCO, LLC to provide legal services to
members ofthe Putnam County Sheriffs Department relative to the plaintiffs
case illegal andimproper; and
(2) On the second cause of action, an order permanently enjoining and restraining
defendants JENNIFER S. BUMGARNER, Putnam County Attorney and the
COUNTY OF PUTNAM from hiring, retaining ordesignating outside attorneys
to provide legal representation to members ofthe Putnam County Sheriffs
Department in anycriminal proceedings involving the plaintiffherein; and
(3) On the second cause ofaction, an order directing defendant CALLAHAN &
FUSCO, LLC to return andrestore any monies received from defendant
COUNTY OF PUTNAM for legal services rendered in representing defendants
WILLIAM J. MCNAMARA AND GERALD A. SCHRAMEK, in the criminal
case of plaintiff MARIO CARUSO; and
(4) Onthe third cause ofaction, anorder permanently enjoining and restraining
defendants WILLIAM G. SAYEGH, WILLIAM J. MCNAMARA, GERALD A
SCHRAMEKAND DEBRA L. GIORDONELLO from disclosing any
information acquired in the course oftheir employment with the Putnam County
Sheriffs Department and/orthe Putnam County Department ofProbation to
defendant THE LAW OFFICES OFWILLIAM G. SAYEGH, P.C, or any private
person or attorney acting on his behalfrelated to or in connection with the
plaintiffMARIO CARUSO; and
(5) Onthefourth cause of action, an orderpermanently disqualifying defendants
WILLIAM G. SAYEGH AND THE LAW OFFICES OF WILLIAM G.
SAYEGH, P.C. from representing Dennis J. or anymembers of his
family inanyfurther civil orcriminal proceedings relating to or involving the
plaintiffMARIO CARUSO.
UNAUTHORIZED APPOINTMENT OF COUNSEL
4. The firstissue thatis presented in thiscasewasthe illegal andimproper appointment
of special counsel fordeputy sheriffs employed by the Sheriffs Department. Employees of the
Putnam CountySheriffs Department, including William G. Sayegh, William J. McNamara,
Gerald A. Schramek and Probation Officer DebraL. Giordonello, providedconfidential and
privileged information to TheLaw Firm of William G. Sayegh, P.C. to benefit Dennis J.
, a privateclient of that firm, and improperly influencethe outcomeofa criminal
proceeding in the Putnam County Court.
5. Captain William McNamara and Investigator Gerald Schramek were subpoenaed in a
criminal case in their capacity as law enforcement officers and expected to give sworn testimony
relative to the plaintiffs status as a probationer and his application to modify the sentencei
imposed by the Putnam County Court. Law enforcement officers are expected to testify
truthfully. Should it be necessary, they review their testimony with the assistant district attorney
assigned to the criminal case. There is, or should be, no need for separate civil attorneys to
advise the deputies how to testify. There was no civil proceeding or conflict between the
deputies. As was later exposed, the deputies had been providing confidential information toThe
Law Offices of William G. Sayegh, P.C. in an effort to assist with his efforts to win a civil
lawsuit The deputies realized that their official misconduct would be exposed and demanded
their own attorneys.
6. New York State County Law §501 provides, inpart, that the county attorney "...shall
prosecute and defend allcivil actions and proceedings broughtby or against the
county...and any officer..." Thecounty attorney may "employ counsel to assist in any civil
action or proceeding..." The New York State County Law §700 provides inpart, that"...it
shall be the duty of every district attorney to conduct all prosecutions for crimes and
offenses cognizable by the courtsof the county..." (emphasis added). There is nooverlap or
grayarea; there is no concurrent jurisdiction. The county attorney has nojurisdiction over the
conduct ofprosecutions forcrimes andoffenses. Likewise, the district attorney hasnoauthority
over civil matters.
7. In or about Octoberof2011, JenniferS. Bumgamer, as county attorney, designated
and assigned Callahan & Fusco, LLC, to provide legal representation to William J. McNamara
and Gerald A. Schramek relative to their involvement in plaintiffs application to amend the
orderof protection. This is, andwas, a criminalprosecution overwhichthe county attorney has
no jurisdiction. It is now clearthey soughtlegaladvice in an effort to conceal or obfuscate their
misconduct in providing privileged and confidential information to The LawOffices of William
G. Sayegh, P.C. They alsowished to conceal fromthe court the improper conflict of interest of
William G. Sayegh serving as confidential advisor to theSheriffof Putnam County andas
private attorney forDennis J. , a private litigant. Attorneys from Callahan & Fusco,
LLC metwithmembers of thesheriffs department anddiscussed the pending criminal caseand
their anticipated testimony. The attorneys were present incourt to monitor the testimony of
Investigator Schramek and offerassistance during breaks. Evenafter it wasannounced that
William J. McNamara would not becalled to testify, attorneys from Callahan &Fusco, LLC
remained incourt tomonitor the proceedings until the end. Why must the taxpayers pay lawyers
to sit in court and watch the District Attorney do his job? We look forward toreviewing the
responding affidavits to be submitted byCallahan & Fusco, LLC justifying their appointment.
8. Accordingly, Jennifer S.Bumgarner, as county attorney, should beenjoined and
restrained from retaining thelaw firm of Callahan & Fusco, LLC orany other attorneys, to
provide legal representation to the Sheriffs Department in connection with plaintiffscase, or
any future cases and that Putnam County be enjoined and restrained from paying any monies to
Callahan & Fusco, LLC for services rendered herein.
INJUNCTION
(Putnam County Code §55-10)
9. The Code of Putnam County, adopted bythe Putnam County Legislature, provides, in
part, at §55-3 that: "No County employeeshalldisclose confidential information acquiredby
him or her in the course of official duties or to use such information to further his or her
personal interest or use for profit of himself or herself or others...** (emphasis added).
10. William G. Sayegh, William J. McNamara and Gerald A. Schramek acquired,
disclosed, andusedconfidential information obtained from the Putnam County Sheriffs
Department and the Putnam County Department ofProbation (Debra L. Giordonello) to benefit
themselves and the private clientsofWilliamG. Sayeghand The Law OfficesofWilliamG.
Sayegh, P.C, as well as to improperly influence the outcome ofaproceeding in the Putnam
County Court.
11. The Code ofPutnam County provides, in part, at §55-10 that "Any resident...may
initiate an action...for injunctive relief to enjoin an officer or employee from the county
from violating this chapter..." (emphasis added). There will most certainly be further civil or
criminal proceedings inthis case and it islikely more confidential information will be
improperly provided to The Law Offices ofWilliam G. Sayegh, P.C. Accordingly, William G.
Sayegh, William J. McNamara, Gerald A. Schramek and Debra L.Giordonello should be
enjoined and restrained from disclosing any information acquired inthe course of their
employment with the Putnam County Sheriffs Department and the Department ofProbation, to
The Law Offices ofWilliam G. Sayegh, P.C, any member ofhis firm, or any private person or
attorney acting on his behalf.
DISQUALIFICATION
12. The Rules of Professional Conduct provide, in part, at §1.11(c), as follows:
"...a lawyer having information that the lawyer knows isconfidential government
information about a person acquired when the lawyer was a public officer or employee,
may not represent a private clientwhose interests are adverse to that personin a matter in
which the information could be usedto the material disadvantage of that person." The
Rulesof Professional conduct also provide, in part, at §1.11(d), as follows: **A lawyerwho
holds public office shall not:..., (2) use the public position to influence or attempt to
influence a tribunal to act in favor of the lawyeror of a client;..." (emphasis added).
13. William G. Sayegh, as an employee of thePutnam County Sheriffs Department,
obtained confidential information aboutplaintiffand used and attempted to use this information
to benefit a private client ofhis lawfirm in a matter pending in thePutnam County Court, or
some future civil proceeding to recover money damages. Accordingly, TheLaw Offices of
William G. Sayegh, P.C. should bedisqualified, enjoined andrestrained from representing
Dennis J. oranymembers of hisfamily inanyfurther civil or criminal proceedings.
PRELIMINARY INJUNCTION
14. CPLR §6301, et. seq. provides that a preliminary injunction may be granted, upon
notice to the defendants, on the grounds that"in any action where the plaintiffhasdemanded and
wouldbe entitled to a judgmentrestraining the defendant from the commission or continuance of
an act, which, if committed or continued during the pendency of the action, would produce injury
to the plaintiff."
15. If defendants are not enjoined and restrained as requested in this application, plaintiff
will be harmed in both thecriminal caseinwhich he is a defendant andany civil litigation
arising out of the same facts.
16. Plaintiffwill also be harmedas a taxpayer. GeneralMunicipal Law §51 provides, in
part, that "...all officers...ofanycounty...may be prosecuted, andan actionmaybe
maintained...toprevent waste...or to restore and makegood,any...funds ...ofsuchcounty...by
any person...whose assessment...shall amount to one thousand dollars, and who shall be liable
to pay taxes on such assessment in the county...." Plaintiff MARIO CARUSO is a property
owner liable to pay taxes on an assessment in excess ofone thousand dollars.
17. The retention ofthe law firm ofdefendant CALLAHAN & FUSCO, LLC and the
payment ofany fees to represent individual membersof the Putnam County Sheriffs
Department in pendingor concluded criminalprosecutions is illegal, improperand unauthorized
by law and will result in a waste oftaxpayer funds.
18. No other or previous applicationhas been made for the reliefrequested herein.
WHEREFORE, plaintiff respectfully requests a preliminary injunction be entered as
follows:
(A) ENJOINING AND RESTRAINING defendant JENNIFER S. BUMGARNER,
Putnam County Attorney and defendant COUNTY OF PUTNAM from hiring, retaining or
designating outside attorneys to provide legal representation to members of the Putnam County
Sheriffs Department in anycriminal proceedings involving the plaintiffherein; and
(B) ENJOINING AND RESTRAINING defendant JENNIFER S. BUMGARNER,
Putnam County Attorney and COUNTY OF PUTNAM from paying any monies to defendant
CALLAHAN & FUSCO, LLC for legal services rendered to members of the Putnam County
Sheriffs Department in connectionwith criminal proceedings involving the plaintiff herein; and
(C) ENJOINING AND RESTRAINING defendants WILLIAM G. SAYEGH,
WILLIAM J. MCNAMARA, GERALD A. SCHRAMEK and DEBRA L. GIORDONELLO
from disclosing to any private party confidential information compiled for law enforcement
purposes by the Putnam County Sheriffs Department or Probation Department regarding the
plaintiff herein; and,
(D) ENJOINING AND RESTRAINING defendant WILLIAM G. SAYEGH and
defendant THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C. and any member of that law
firmfromrepresentingnon-partyDENNISJ.oranymemberofhisfamilyinany
legalproceedinginvolvingtheplaintiffherein;
ALLpendingthehearingandconclusionofthismatter,togetherwithsuchotherand
furtherreliefasthiscourtmaydeemjustandproper.
Swornbeforemethis
18*dayofJanuary,2012.
NotaryPublic
THERESAE.VOTANONotaryPublic.StaleofNewYork
No.5022666QualifiedinPutnamCounty
Commission"ixpiresJanuary18,"4