Case 1:15-cv-01285-WFK-VVP Document 1 Filed 03/12/15 Page 1 of 10 PageID #: 1

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
____________________________________
DISABILITY RIGHTS NEW YORK,
)
)
Plaintiff,
)
)
-against)
)
)
CITY OF NEW YORK DEPARTMENT
)
OF CORRECTION, and JOSEPH PONTE, )
In his official capacity as the Commissioner )
Of the New York City Department of
)
Correction,
)
)
Defendants. )
____________________________________)

COMPLAINT
2015-CV-

PRELIMINARY STATEMENT
1.

Plaintiff, Disability Rights New York (hereinafter “DRNY”), the designated

Protection and Advocacy System for the State of New York, brings this action to enforce its right
to access records pursuant to the Developmental Disabilities Assistance and Bill of Rights Act of
2000 (“DD Act”), 42 U.S.C. § 15041 et seq., the Protection and Advocacy for Individuals with
Mental Illness Act of 1986 (“PAIMI Act”), 42 U.S.C. § 10801 et seq., and the Protection and
Advocacy for Individual Rights Act (“PAIR Act”), 29 U.S.C. § 794e.
2.

Defendants are obstructing DRNY’s access to client records and preventing

DRNY from fulfilling its statutory obligations to ensure the protection of the rights of individuals
with disabilities and to investigate incidents of abuse and neglect of individuals with disabilities.
3.

DRNY is further prevented from determining whether defendants have violated

the rights of incarcerated people with disabilities to be free from abuse and neglect, and whether
appropriate policies and procedures exist to prevent incidents of abuse and neglect.

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4.

DRNY brings this action for declaratory and injunctive relief to obtain access to

the records of A.B., a DRNY client and inmate in a facility operated by defendants.
JURISDICTION AND VENUE
5.

This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331.

6.

Plaintiff’s cause of action arises under the PAIMI Act, 42 U.S.C. § 10801 et seq.;

DD Act, 42 U.S.C. § 15041 et seq.; PAIR Act, 29 U.S.C. § 794e; and 42 U.S.C. § 1983.
7.

This Court has the authority to grant declaratory and injunctive relief under 28

U.S.C. §§ 2201 and 2202.
8.

Venue is proper in the Eastern District of New York under 28 U.S.C. § 1391(b)

because a substantial part of the events and omissions giving rise to the claims in this lawsuit
occurred in this District.
PARTIES
9.

Plaintiff DRNY is the Protection and Advocacy System (“P&A”) designated by

the Governor of the State of New York to provide protection and advocacy services to
individuals with disabilities throughout the state.
10.

DRNY is mandated under various interrelated federal statutory programs to

provide legal representation and other advocacy services to individuals with disabilities.
11.

DRNY is authorized to investigate incidents of abuse and neglect and to pursue

administrative, legal, and other appropriate remedies to ensure the protection of individuals with
disabilities.
12.

DRNY is authorized by federal law to access facilities, clients, and records

necessary to investigate allegations of abuse and neglect.

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13.

DRNY has offices located at 725 Broadway, Suite 450, Albany, New York

12207; 25 Chapel Street, Suite 1005, Brooklyn, New York 11201; and 44 Exchange Boulevard,
Suite 110, Rochester, New York 14614.
14.

Defendant City of New York Department of Correction (hereinafter “Defendant

Department of Correction”) is established pursuant to New York City Charter § 621.
15.

Defendant Department of Correction is located at 75-20 Astoria Boulevard, East

Elmhurst, New York 11370.
16.

Defendant Department of Correction manages and operates jails on Rikers Island,

which confine pre-trial detainees and sentenced individuals.
17.

Defendant Department of Correction’s jails are facilities as defined in 42 U.S.C. §

10802(3) and 45 C.F.R. § 1386.19.
18.

Defendant Department of Correction’s jails are also locations, as provided in 42

U.S.C. § 15043(a)(2)(H), in which services, supports, and other assistance is provided to
individuals with disabilities, including the individual who is the subject of the complaint.
19.

Defendant Department of Correction confines individuals with mental illness,

developmental disabilities, and other physical, sensory, cognitive and neurological impairments
and disabilities on Rikers Island.
20.

Defendant Department of Correction provides care, treatment, services, supports,

and habilitation including, but not limited to: screening, evaluation, counseling, behavioral
therapies, medication treatment and supervision, assistive devices, and special education
services.
21.

Defendant Joseph Ponte is the Commissioner of the City of New York

Department of Correction.

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22.

Defendant Ponte is responsible for the “charge and management of persons or any

other institution of the city placed under his jurisdiction by law” and has “all authority . . .
concerning the care and custody” of people under his charge pursuant to the New York City
Charter §§ 621 and 623.
23.

Defendant Ponte maintains offices at 75-20 Astoria Boulevard, East Elmhurst,

New York 11370.
FACTS
24.

On December 15, 2014, DRNY staff conducted a monitoring visit at the Robert

N. Davoren Complex (“RNDC”) after receiving allegations of abuse and neglect of young people
confined there.
25.

The monitoring visit was conducted pursuant to DRNY’s authority under 42

U.S.C. §§ 15043(a)(2)(H), 10805(a)(3) and 29 U.S.C. § 794e(f).
26.

RNDC’s Department of Correction staff provides screening, evaluation,

counseling, therapy, and education services to RNDC residents.
27.

On December 15, 2014, DRNY met with A.B., an 18-year-old incarcerated

individual with a developmental disability.
28.

A.B. reported to DRNY that he was physically assaulted by corrections staff on or

about December 9, 2014.
29.

A.B. reported to DRNY that, on or about December 9, 2014, a corrections officer

told A.B. that he was speaking disrespectfully.
30.

A.B. reported to DRNY that he was led to a room, and he was punched and

kicked by one or more corrections officers.

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31.

A.B. reported to DRNY that he was seen by medical staff at RNDC and was

transferred to Elmhurst Hospital for evaluation and treatment of injuries to his face and elbow,
and was hospitalized overnight.
32.

On December 17, 2014, pursuant to DRNY’s investigation of A.B.’s allegation of

abuse, DRNY requested A.B.’s records from the Defendant Department of Correction and the
New York City Department of Health & Mental Hygiene (DOHMH), and requested that the
records be produced within three business days.
33.

DRNY provided Defendant Department of Correction and DOHMH with a signed

release by A.B. which authorized DRNY to access the requested records.
34.

DRNY requested the following records from Defendant Department of

Correction: (1) use of force reports related to A.B. from December 7, 2014 through December
12, 2014; (2) the unaltered surveillance video of the December 2014 incident, including
surveillance video of the hallways outside the RNDC mess hall; (3) all records, including color
photographs, reflecting security staff injuries sustained as a result of the December 2014 use of
force incident; (4) all records, including color photographs, of A.B.’s injuries resulting from the
December 2014 use of force incident; (5) all disciplinary records related to the December 2014
use of force incident; and (6) all records related to the investigation of the December 2014 use of
force incident, including any records from the investigation division.
35.

DRNY received records from DOHMH in January of 2015 that documented the

injuries received by A.B. on December 9, 2014.
36.

On December 31, 2014, Defendant Department of Correction denied DRNY’s

request for records.

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37.

Defendant Department of Correction stated that the requested records would not

be produced due to the pendency of an investigation into the December 9, 2014 incident by the
New York City Department of Investigation (hereinafter “DOI”).
38.

On February 10, 2015, DRNY renewed its request for A.B.’s records from

Defendant Department of Correction pursuant to federal law.
39.

DRNY advised Defendant Department of Correction that neither federal nor state

law prohibited DRNY’s access to the requested documents during the pendency of a DOI
investigation.
40.

DRNY demanded that the records be produced within three business days and

delivered another copy of A.B.’s signed release form which authorized DRNY to access the
requested records.
41.

Defendant Department of Correction has not provided DRNY with the records

requested by DRNY.
42.

By denying DRNY’s records request, Defendants Department of Correction and

Ponte have impaired DRNY’s ability to investigate and address serious allegations of abuse.
43.

DRNY has no adequate remedy at law.
FIRST CLAIM FOR RELIEF
BASED ON VIOLATION OF THE DD ACT,
IMPLEMENTING REGULATIONS AND
42 U.S.C. § 1983

44.

DRNY incorporates and re-alleges paragraphs 1-43 as if fully set forth herein.

45.

DRNY is authorized to access the records of A.B. pursuant to 42 U.S.C. §

15043(a)(2)(I)(i) and 45 C.F.R. § 1386.22(a)(1).
46.

The DD Act authorizes DRNY to access records of persons with disabilities and

records maintained by facilities that serve individuals with disabilities.
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47.

A.B. specifically authorized DRNY to access his records and the defendants’

failure to provide the records is a violation of federal law.
48.

DRNY is entitled to access draft and final documents, including handwritten

notes, electronic files, photographs, or video or audio tape records.
49.

Under the DD Act, DRNY must be granted access to requested records within

three business days of making a request.
50.

Defendants’ refusal to provide records to DRNY violates the DD Act and its

implementing regulations.
51.

Defendants have acted under color of state law to deprive DRNY of federal rights

under the DD Act.
52.

Defendants’ violation of the DD Act and its implementing regulations frustrates

and interferes with DRNY’s federal mandate to protect people with disabilities in New York
State; investigate allegations of abuse and neglect; provide legal advocacy for people with
disabilities; determine whether an investigation by DRNY should be conducted; and determine
whether corrective action should be taken.
SECOND CLAIM FOR RELIEF
BASED ON VIOLATION OF THE PAIMI ACT,
IMPLEMENTING REGULATIONS AND
42 U.S.C. § 1983
53.

DRNY incorporates and re-alleges paragraphs 1-43, as if fully set forth herein.

54.

DRNY is authorized to access the records of A.B. pursuant to 42 U.S.C. §

10805(a)(4)(A), and 42 C.F.R. § 51.41(b)(1).
55.

The PAIMI Act authorizes DRNY to access records of persons with disabilities

and records maintained by facilities that serve individuals with disabilities.

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56.

DRNY is entitled to access draft and final documents, including handwritten

notes, electronic files, photographs, or video or audio tape records.
57.

Defendants are required to promptly provide DRNY with access to records

pursuant to 42 C.F.R. § 51.41(a).
58.

Defendants’ refusal to promptly provide records to DRNY violates the PAIMI

Act and its implementing regulations.
59.

Defendants have acted under color of state law to deprive DRNY of federal rights

under the PAIMI Act.
60.

Defendants’ violation of the PAIMI Act and its implementing regulations

frustrates and interferes with DRNY’s federal mandate to protect people with disabilities in New
York State; investigate allegations of abuse and neglect; provide legal advocacy for people with
disabilities; determine whether an investigation by DRNY should be conducted; and determine
whether corrective action should be taken.
61.

DRNY is authorized to pursue administrative, legal, and other appropriate

remedies to ensure the protection of individuals with mental illness who are receiving care or
treatment pursuant to 42 U.S.C. § 10805(a)(1)(B).
62.

DRNY is entitled to relief under 42 U.S.C. § 10805(a)(4)(A), 42 C.F.R. §

51.41(b)(1), and 42 U.S.C. § 1983.
THIRD CLAIM FOR RELIEF
BASED ON VIOLATION OF THE PAIR ACT,
IMPLEMENTING REGULATIONS AND
42 U.S.C. § 1983
63.

DRNY incorporates and re-alleges paragraphs 1-43, as if fully set forth herein.

64.

DRNY is authorized to access the records of A.B. pursuant to 29 U.S.C. §

794e(f)(2).
8

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65.

The PAIR Act authorizes DRNY to access records of persons with disabilities and

records maintained by facilities that serve individuals with disabilities.
66.

DRNY is entitled to access draft and final documents, including handwritten

notes, electronic files, photographs, or video or audio tape records.
67.

Defendants’ refusal to promptly provide records to DRNY violates the PAIR Act

and its implementing regulations.
68.

Defendants have acted under color of state law to deprive DRNY of federal rights

under the PAIR Act.
69.

Defendants’ violation of the PAIR Act frustrates and interferes with DRNY’s

federal mandate to protect people with disabilities in New York State; investigate allegations of
abuse and neglect; provide legal advocacy for people with disabilities; determine whether an
investigation by DRNY should be conducted; and determine whether corrective action should be
taken.
70.

DRNY is authorized to pursue administrative, legal, and other appropriate

remedies to ensure the protection of individuals with mental illness who are receiving care or
treatment.
71.

DRNY is entitled to relief under 29 U.S.C. § 794e(f)(3), and 42 U.S.C. § 1983.
RELIEF
WHEREFORE, DRNY requests the following relief:

(1)

a declaratory judgment that Defendants have violated DRNY’s rights under the

DD Act, the PAIMI Act, the PAIR Act, and 42 U.S.C. § 1983;
(2)

an injunction ordering Defendants to provide DRNY with complete, un-redacted

copies of all records requested pursuant to its federally mandated P&A authority;

9

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(3)

an injunction ordering Defendants to immediately provide the un-redacted

requested records regarding A.B.;
(4)

an injunction ordering Defendants to provide timely and complete responses to all

future records requests made by DRNY pursuant to its federally mandated P&A authority;
(5)

an award of reasonable attorney’s fees and costs pursuant to 42 U.S.C. § 1988;

(6)

any other relief that the Court deems appropriate.

and,

Dated: March 12, 2015
Albany, New York

/s/ Cliff Zucker__________
By: Cliff Zucker
DISABILITY RIGHTS NEW YORK
Cliff Zucker, Bar # CZ-2254
Jennifer Monthie
Mark Murphy
Stefen Short
725 Broadway, Suite 450
Albany, NY 12207
(518) 432-7861
518-432-7861 (fax) (not for service)

10

 Case 1:15-cv-01285-WFK-VVP Document 1-1 Filed 03/12/15 Page 1 of 2 PageID #: 18

JS 44 (Rev. 1/2013)

CIVIL COVER SHEET

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as
provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the
purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS

DEFENDANTS

DISABILITY RIGHTS NEW YORK
(b) County of Residence of First Listed Plaintiff

CITY OF NEW YORK DEPARTMENT OF CORRECTION, AND
JOSEPH PONTE, in his official capacity as Commissioner of the NYC
Department of Correction.
County of Residence of First Listed Defendant
QUEENS

KINGS

(EXCEPT IN U.S. PLAINTIFF CASES)
NOTE:

(IN U.S. PLAINTIFF CASES ONLY)
IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Known)

(c) Attorneys (Firm Name, Address, and Telephone Number)
CLIFF ZUCKER, ESQ.
DISABILITY RIGHTS NEW YORK
725 BROADWAY, SUITE 450, ALBANY, NY 12207

II. BASIS OF JURISDICTION (Place an “X” in One Box Only)
’ 1

U.S. Government
Plaintiff

’ 3

Federal Question
(U.S. Government Not a Party)

’ 2

U.S. Government
Defendant

’ 4

Diversity
(Indicate Citizenship of Parties in Item III)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff
(For Diversity Cases Only)
PTF
Citizen of This State
’ 1

DEF
’ 1

Citizen of Another State

’ 2

’

2

Incorporated and Principal Place
of Business In Another State

’ 5

’ 5

Citizen or Subject of a
Foreign Country

’ 3

’

3

Foreign Nation

’ 6

’ 6

and One Box for Defendant)
DEF
PTF
Incorporated or Principal Place
’ 4
’ 4
of Business In This State

IV. NATURE OF SUIT (Place an “X” in One Box Only)
CONTRACT
’
’
’
’
’
’
’

’
’
’
’
’

TORTS

110 Insurance
120 Marine
130 Miller Act
140 Negotiable Instrument
150 Recovery of Overpayment
& Enforcement of Judgment
151 Medicare Act
152 Recovery of Defaulted
Student Loans
(Excludes Veterans)
153 Recovery of Overpayment
of Veteran’s Benefits
160 Stockholders’ Suits
190 Other Contract
195 Contract Product Liability
196 Franchise

’
’
’
’
’
’
’
’
’
’

’
’
’
’
’
’

REAL PROPERTY
210 Land Condemnation
220 Foreclosure
230 Rent Lease & Ejectment
240 Torts to Land
245 Tort Product Liability
290 All Other Real Property

’
’
’
’
’
’
’

PERSONAL INJURY
310 Airplane
315 Airplane Product
Liability
320 Assault, Libel &
Slander
330 Federal Employers’
Liability
340 Marine
345 Marine Product
Liability
350 Motor Vehicle
355 Motor Vehicle
Product Liability
360 Other Personal
Injury
362 Personal Injury Medical Malpractice
CIVIL RIGHTS
440 Other Civil Rights
441 Voting
442 Employment
443 Housing/
Accommodations
445 Amer. w/Disabilities Employment
446 Amer. w/Disabilities Other
448 Education

FORFEITURE/PENALTY

PERSONAL INJURY
’ 365 Personal Injury Product Liability
’ 367 Health Care/
Pharmaceutical
Personal Injury
Product Liability
’ 368 Asbestos Personal
Injury Product
Liability
PERSONAL PROPERTY
’ 370 Other Fraud
’ 371 Truth in Lending
’ 380 Other Personal
Property Damage
’ 385 Property Damage
Product Liability
PRISONER PETITIONS
Habeas Corpus:
’ 463 Alien Detainee
’ 510 Motions to Vacate
Sentence
’ 530 General
’ 535 Death Penalty
Other:
’ 540 Mandamus & Other
’ 550 Civil Rights
’ 555 Prison Condition
’ 560 Civil Detainee Conditions of
Confinement

’ 625 Drug Related Seizure
of Property 21 USC 881
’ 690 Other

BANKRUPTCY
’ 422 Appeal 28 USC 158
’ 423 Withdrawal
28 USC 157
PROPERTY RIGHTS
’ 820 Copyrights
’ 830 Patent
’ 840 Trademark

’
’
’
’
’
’

LABOR
710 Fair Labor Standards
Act
720 Labor/Management
Relations
740 Railway Labor Act
751 Family and Medical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

’
’
’
’
’

SOCIAL SECURITY
861 HIA (1395ff)
862 Black Lung (923)
863 DIWC/DIWW (405(g))
864 SSID Title XVI
865 RSI (405(g))

FEDERAL TAX SUITS
’ 870 Taxes (U.S. Plaintiff
or Defendant)
’ 871 IRS—Third Party
26 USC 7609

OTHER STATUTES
’
’
’
’
’
’
’
’
’
’
’
’
’
’
’
’

’

375 False Claims Act
400 State Reapportionment
410 Antitrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced and
Corrupt Organizations
480 Consumer Credit
490 Cable/Sat TV
850 Securities/Commodities/
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Administrative Procedure
Act/Review or Appeal of
Agency Decision
950 Constitutionality of
State Statutes

IMMIGRATION
’ 462 Naturalization Application
’ 465 Other Immigration
Actions

V. ORIGIN (Place an “X” in One Box Only)
’ 1 Original
Proceeding

’ 2 Removed from
State Court

’ 3

Remanded from
Appellate Court

’ 4 Reinstated or
Reopened

’ 5 Transferred from
Another District
(specify)

’ 6 Multidistrict
Litigation

Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

42 USC 15043, 42 USC 10805, 29 USC 794E and implementing regulations.

VI. CAUSE OF ACTION Brief description of cause:

defendants have failed to produce records which must be produced under these federal statutes and regulations.

’ CHECK IF THIS IS A CLASS ACTION
VII. REQUESTED IN
UNDER RULE 23, F.R.Cv.P.
COMPLAINT:
VIII. RELATED CASE(S)
(See instructions):
IF ANY
JUDGE
DATE

CHECK YES only if demanded in complaint:
’ Yes
’ No
JURY DEMAND:

DEMAND $

0.00

DOCKET NUMBER

SIGNATURE OF ATTORNEY OF RECORD

/S/ CLIFF ZUCKER

03/12/2015
FOR OFFICE USE ONLY
RECEIPT #

AMOUNT

APPLYING IFP

JUDGE

MAG. JUDGE

 Case 1:15-cv-01285-WFK-VVP Document 1-1 Filed 03/12/15 Page 2 of 2 PageID #: 19
CERTIFICATION OF ARBITRATION ELIGIBILITY

Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of $150,000,
exclusive of interest and costs, are eligible for compulsory arbitration. The amount of damages is presumed to be below the threshold amount unless a
certification to the contrary is filed.
CLIFF ZUCKER
PLAINTIFF
I, ______________________,
counsel for __________________,
do hereby certify that the above captioned civil action is
ineligible for compulsory arbitration for the following reason(s):

monetary damages sought are in excess of $150,000, exclusive of interest and costs,
the complaint seeks injunctive relief,
the matter is otherwise ineligible for the following reason
DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1
Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks:

Disability Advocates, Inc., a New York not-for-profit corporation does business under the name
Disability Rights New York.
RELATED CASE STATEMENT (Section VIII on the Front of this Form)
Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a)
provides that “A civil case is “related” to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or
because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to the
same judge and magistrate judge.” Rule 50.3.1 (b) provides that “ A civil case shall not be deemed “related” to another civil case merely because the civil
case: (A) involves identical legal issues, or (B) involves the same parties.” Rule 50.3.1 (c) further provides that “Presumptively, and subject to the power
of a judge to determine otherwise pursuant to paragraph (d), civil cases shall not be deemed to be “related” unless both cases are still pending before the
court.”

NY-E DIVISION OF BUSINESS RULE 50.1(d)(2)
1.)

Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk
NO
County:_________________________

2.)

If you answered “no” above:
a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk
NO
County?_________________________
b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern
YES
District?_________________________

If your answer to question 2 (b) is “No,” does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or
Suffolk County, or, in an interpleader action, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau
or Suffolk County?______________________
(Note: A corporation shall be considered a resident of the County in which it has the most significant contacts).
BAR ADMISSION
I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court.
Yes
No
Are you currently the subject of any disciplinary action (s) in this or any other state or federal court?
Yes
(If yes, please explain)
No

I certify the accuracy of all information provided above.

/S/ CLIFF ZUCKER
Signature:____________________________________________

 Case 1:15-cv-01285-WFK-VVP Document 1-2 Filed 03/12/15 Page 1 of 2 PageID #: 20
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

Eastern District
of of
New
York
__________
District
__________
DISABILITY RIGHTS NEW YOUK

Plaintiff(s)

v.
CITY OF NEW YORK DEPTARMENT OF
CORRECTION AND JOSEPH PONTE, in his official
capacity as the Commissioner of the New York City
Department of Corrections
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No.

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) JOSEPH PONTE,
75-20 Astoria Blvd.
East Elmhurst, New York 11370

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: CLIFF ZUCKER,
DISABILITY RIGHTS NEW YORK
725 BROADWAY, SUITE 450
ALBANY, NY 12207

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

DOUGLAS C. PALMER

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

 Case 1:15-cv-01285-WFK-VVP Document 1-2 Filed 03/12/15 Page 2 of 2 PageID #: 21
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

’ I personally served the summons on the individual at (place)
on (date)

; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

’ I returned the summons unexecuted because

; or

’ Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

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 Case 1:15-cv-01285-WFK-VVP Document 1-3 Filed 03/12/15 Page 1 of 2 PageID #: 22
AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the

Eastern District
of of
New
York
__________
District
__________
DISABILITY RIGHTS NEW YOUK

Plaintiff(s)

v.
CITY OF NEW YORK DEPTARMENT OF
CORRECTION AND JOSEPH PONTE, in his official
capacity as the Commissioner of the New York City
Department of Corrections
Defendant(s)

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No.

SUMMONS IN A CIVIL ACTION
To: (Defendant’s name and address) CITY OF NEW YORK DEPARTMENT OF CORRECTION
75-20 Astoria Blvd.
East Elmhurst, New York 11370

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are: CLIFF ZUCKER,
DISABILITY RIGHTS NEW YORK
725 BROADWAY, SUITE 450
ALBANY, NY 12207

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

DOUGLAS C. PALMER

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk

 Case 1:15-cv-01285-WFK-VVP Document 1-3 Filed 03/12/15 Page 2 of 2 PageID #: 23
AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.
PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))
This summons for (name of individual and title, if any)
was received by me on (date)

.

’ I personally served the summons on the individual at (place)
on (date)

; or

’ I left the summons at the individual’s residence or usual place of abode with (name)
, a person of suitable age and discretion who resides there,
on (date)

, and mailed a copy to the individual’s last known address; or

’ I served the summons on (name of individual)

, who is

designated by law to accept service of process on behalf of (name of organization)
on (date)

; or

’ I returned the summons unexecuted because

; or

’ Other (specify):
.
My fees are $

for travel and $

for services, for a total of $

0.00

I declare under penalty of perjury that this information is true.

Date:
Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

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 Case 1:15-cv-01285-WFK-VVP Document 1-4 Filed 03/12/15 Page 1 of 1 PageID #: 24

725 Broadway ◦ Suite 450 ◦ Albany ◦ NY ◦ 12207
March 12, 2015
Douglas C Palmer,
Clerk of Court
United States District Court
Eastern District of NY
Filed by ECF
Re: Disability Rights New York v. City of New York Department of Corrections and Joseph
Ponte, in his official capacity, 1:15 –cv-01285
Dear Mr. Palmer:
I filed opened the above referenced case today. I neglected to file the civil cover sheet and the
proposed summonses. I was advised by someone in your office to file those documents by letter,
which I am hereby doing. I also note that the Docket #1 incorrectly lists this as a case against
Disability Rights New York, when in fact the plaintiff is Disability Rights New York, and the
Defendants are New York City Department of Correction and Joseph Ponte. Kindly correct that
docket entry.
Thank you for your help and I regret any inconvenience.
Very truly yours,

/s/
Cliff Zucker
Attorney for Plaintiff
Attachments:
Civil Cover Sheet
Two Summonses

Providing Protection & Advocacy and Client Assistance Program Services to Persons with Disabilities
518.432.7861 voice ◦ 518.512.3448 tty ◦ 800.993.8982 toll free ◦ 518.427.6561 fax
mail@DisabilityRightsNY.org ◦ www.DisabilityRightsNY.org