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NY State Pays $3 million to Family of Disabled Boy Abused at Group Home

The State of New York has paid $3 million to the family of a developmentally disabled boy who was repeatedly sexually assaulted and abused by an employee at the State-run group home near Utica where he lived. The abuse took place over multiple years, and was discovered after photos and videos the abuser, Steven DeProspero, had made of the assaults were found on his computer. DeProsepero is currently incarcerated under both state and federal convictions for crimes related to the abuse.

ECBA attorneys Ilann MaazelAndrew G. Celli, Jr., and Ali Frick represented the boy’s family. As Mr. Celli told the AP, “This is a case where you had someone who really was evil. But what failed here was the system. You have to have systems in place to ensure the safety of children who have needs, and they just fell down on the job here.”

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ECBA Files Amicus Brief on Behalf of Veterans Opposed to Trump’s Immigration Ban

Emery Celli Brinckerhoff & Abady filed an amicus brief on behalf of four veterans organizations, Vets for American Ideals, Vote Vets, Common Defense, and No One Left Behind. The brief was filed in the pending case Darweesh, et al. v. Trump, et al. (E.D.N.Y.), which challenges President Trump’s Executive Order banning immigrants from seven majority-Muslim nations.  Based on their experience fighting on the front lines against ISIS and other U.S. enemies, these veterans  argue that the ban is contrary to the American ideals they fought for, will make it more difficult for their fellow American soldiers to recruit essential local allies in Iraq and in other Muslim countries, and will be a powerful propaganda tool for our enemies that will make the work of deployed American soldiers more difficult and more dangerous.  The brief was written by ECBA partners Matthew D. Brinckerhoff, Elizabeth S. Saylor, and Zoe Salzman.

 

Click here to read the full brief.

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Joining Free Speech for the People, ECBA Urges NY to Shut Down Trump Organization

Emery Celli Brickerhoff & Abady joined activist group Free Speech for the People to ask the New York Attorney General to shut down the Trump Organization for serial violations of state law. As the Washington Post reported, the groups argue in a 24-page letter that “the combination of past legal abuses and current conflicts of interests constituted such a pattern of corporate misbehavior that the attorney general ought to revoke the company’s charter.” The letter states: “By continuing to operate under Trump family ownership and control with President Trump in the White House, the Trump Organization flagrantly abuses its state-granted powers, contrary to the public policies of New York against corruption and conflicts of interest, and contrary to the U.S. Constitution.” Attorney General Eric Schneiderman’s office said he would review the letter. ECBA partners Jonathan Abady and Andrew G. Celli, Jr. are working on this matter.

Click here to read the letter in full, and click here to read WNYC’s coverage of the effort.

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ECBA Obtains Class Certification for Challenge to NYC’s Policy of Detaining Immigrants

The Bronx Supreme Court granted ECBA’s motion for class certification of a case challenging New York City’s practice of imprisoning people at Rikers Island based on requests by federal immigration authorities prior to December 21, 2012. The case, Onadia v. City of New York, 0300340/2010, alleges that the City had no basis to imprison the thousands of class members who were held for days and even weeks past their scheduled release date based on these immigration requests. For more information see the New York Law Journal’s coverage; you can also read the decision here. The class is represented by ECBA attorneys Matthew Brinckerhoff and Debbie Greenberger and co-counsel Ameer Benno.

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