Andrew cuomo and complaint #09-2779

[Notsofatkat]

These are all facts regarding a Complaint I sent to Andrew Cuomo on 12/27/09 regarding an Underground 1250 Gallon Diesel Fuel Tank that was left to rot since 1995 at a New York State Group Home in Amherst New York.

Facts: I was the Supervisor at this Home from 10/08 to 2/10

There was an odor of petroleum in the home when I started there but OMRDD Maintenance Department explained this away by saying the gasoline and oil from our personal vehicles in the parking lot was leaking into the home.
This odor worsened and the staff and the NON VERBAL Individuals living there experienced adverse health effects which I observed, experienced, and were told to me.
In 2/09 the Maintenance Department came to the home on a Sunday, (my day off) and changed the sump pump due to oil and fumes.
On 3/18/09 one of my staff showed me that both sump pumps in the basement were full of an oily substance (later identified as diesel fuel #2), there was a large 4 ft crack in the basement wall oozing oil, and the snow had just melted and there was a large amount of orange colored, petroleum permeating the soil in the yard of this Group Home and extending into the neighbor's yard.

I called my Supervisor's and reported this problem and the following day, 3/19/09, the Maintenance Department came out to address these concerns.
When they arrived at the home, they tried to downplay the seriousness of the oil, and reluctantly called their Supervisor who then came out to the home.
I received a phone call from the DDSO telling me I had to immediately begin the evacuation process of this home due to the oil spill.
My co-worker and I did the majority of this evacuation while the Maintenance Clowns were falling over themselves in their truck in the driveway trying to figure out a way to cover this up.

My staff and I evacuated all necessary items, meds, clothing, personal belongings etc, for what we were told would be "a couple days" stay at the WNYDDSO in West Seneca.

We were not advised to use Personal Protective Equipment or assisted with this evacuation, but informed by the Head of the Maintenance Department that a "little febreeze" would clear the air and we could move back in.

I was then informed by the Maintenance Worker who replaced the sump pump in February that this particular Maintenance Supervisor knew about the oil for an extended period of time, but told his worker's to keep their mouths shut about it. When I reported this information to my Supervisor, he informed me that he and the Maintenance Supervisor had been friends for over 30 years.

Two months later we finally returned to the home.

The remediation of this oil spill included the removal of approximately 40 tons of contaminated soil, 1300 gallons of water contaminated with oil, and the 1250 gallon tank (which was dug up from under the front of the home).

There was no clean up completed on the inside of the home except an Ozone Generating Machine was placed in the home prior to us moving back in in an attempt to cover the petroleum odor. I later learned through my own research that this increased the toxicity of the VOC's in the home, thereby contaminating the home even further. The only thing done for the inside of the home was all the clothes, bedding, etc, were sent to the dry cleaners to remove the diesel fuel odor.

While evacuated to WS Developmental Center, most of the Individuals had a dramatic decrease in their observable symptoms of diesel fuel exposure, my symptoms subsided (except when I was re exposed going back to the home to get needed supplies) and the staff complaints decreased.

When we were forced to return to the home in May, the house was filthy and still reeked of fuel oil, and the large crack in the basement wall was still oozing oil. There was an immediate return of health problems for the staff and Individuals who lived there.

I asked for and never received copies of air quality testing for when we evacuated and prior to our return. I instead received a verbal counseling from my Supervisor for not following my chain of command with this request.

I worked at the house after we returned from 5/09 until 2/10. I could no longer work there due to becoming ill from the chronic exposure to Diesel Fuel #2 which included the VOC's Naphthalene, Toulene, m & p xylenes, trimethylbenzenes, etc. and my numerous complaints about my concerns for the safety and well being of my staff and the Individuals who lived there were not addressed.

In December of 2009, I wrote a letter to the Andrew Cuomo thinking his office would investigate. I received a reply from his "Public Integrity Bureau" on 1/22/10 stating "We will review your correspondence closely to evaluate whether sufficient basis exists for action by the Attorney General".

Obviously A. Cuomo did not deem this obvious Neglect by OMRDD important enough to investigate.

When I could no longer work at the home due to this diesel fuel exposure, I attempted to collect worker's comp due to my occupational exposure. My employer as well as the NYSIF denied this request from 2/10 through 8/16/10, when my exposure was finally acknowledged and I received a check for $638.32 as my "award" from 2/19/10 through 8/31/10 and then received a notice that I was scheduled for an Independent Medical Exam with an Orthopedic Surgeon to evaluate my Chemical Exposure.

When I attempted to notify the families of the Individuals living at the home of this exposure, I received a written counseling from my supervisor telling me to CEASE and DESIST from having any contact with my co-workers, the Individuals, or the family members, and to turn over any information I may have in my possession that could implicate the State in this Oil Spill.

I really thought going to A. Cuomo would rectify or at least address my concerns, but he did nothing.

I lost my job, my health is ruined, and I have suffered retaliations by my employer for doing my job of Protecting the Rights of People with Developmental Disabilities. I have 23 years with NYS, and 7 years a a Hospital Corpsman in the USN and have never needed to avail myself of the Worker's Comp System, or the State System of Cover ups.

OSHA finally came in after my repeated complaints in 1/10, and said my complaints of exposure to diesel fuel were unfounded, despite the overwhelming evidence in the DEC report.

The above are just the icing on the cake as far as this neglect goes, and I'm sorry I trusted in A. Cuomo or OMRDD to deal with this honestly.

[FMD]

You need to speak with an attorney and file a lawsuit against the state, the facility and your supervisors. The longer you wait to do this the less chance of success.

And who are they to say you cant talk to your former coworkers outside of work?!

[Rhiannon]

You need to speak with an attorney and file a lawsuit against the state, the facility and your supervisors. The longer you wait to do this the less chance of success.

And who are they to say you cant talk to your former coworkers outside of work?!

agreed, this is crap.. and it sounds like you have PLENTY of documentation and a paper trail a mile long. Dont wait any longer..

[FMD]

Everyone likes to talk about how great OSHA is, however as you found out, OSHA is only as good as the highest bidder...

Contact multiple attorneys, former coworkers, families of those with family members in the group home. the more people you get on board with a lawsuit the better, then go for class action status. Name names, dont pussy out... put it all on the table, and file the suit. Be sure to name OSHA, NYS, the Atty General, your supervisors, and anyone else who wanted this swept under the rug.

I can understand that in some cases you cant contact families of patients if you wish tio do business with them, however your not, instead you are trying to protect their health. If any Super, contacts you and tells you to back off, tell him to talk with your attorney, be sure to name his ass in the lawsuit as well. Sue everybody involved. Its not about YOUR health, its about those under you who are dependant upon the state and those you worked for to provide quality care.

If it were me, this lawsuit would have been started a long time ago.

Open the phone book, and call attorneys who do not have a full page listing, or huge advertisements.

[Chant]

My first thought is to take your documentation to the media and let them investigate it. Or at least drop copies in Paladino's Election Comittee's lap and let them sling some mud with it.

The fact that they demanded you turn over all your gathered information should have been a big warning sign. I hope you told them to go suck eggs and made a bunch of copies. Then secured copies with different people and in different locations. If they don't want it out there... then that says it should be spread far and wide. :D

[Notsofatkat]

I've been trying to get this information out for a long time. Every time I turned around I was told, "you can't sue the state", I can't help you, blah blah blah.
All of the attorney's I contacted said they could not help. It's all about the money you know. This is GREAT I finally got through to people, as what the State was allowed to do was NEGLECT pure and simple, and the fact that they knew the tank was leaking for an extended period of time makes it even more sickening.

[FMD]

Given this is an election year, and people are pissed, like big time at the state, opens new doors for you, like one poster stated, contact Palidino.. Directly. Hell make copies of everything yo uhaven, and send it to him, personally addressed to him, to his home, Let him sling some mud... he has the balls, the publicity, and the money behind him to blow your case WIDE open...

Next I would contact the media, both locally and nationally. Hit the big celebs, on fox news, cnn, msnbc, local radio stations...

After that, Id open the phone book and call every attorney there is, regardless of 'specialty'

I would also be in constant comntact with the patients families and former coworkers.

Any information that your former employer demands, I would respond with "please supply a subpeona'

They are using scare tactics, dont give them anything unless requested by a JUDGE.

[Chant]

Figures.... can't sue the state.... same as you can't sue a judge.... how nice for them. Sounds like the media is the only option left.

Send copies to all the media you can. Hell, I'd even post it to a website I'd set up (or lots of them). Once its out there in public view, no subpeona or court order can bury it.

[Notsofatkat]

I agree this should be spread far and wide. The warning flag came up as soon as this information was demanded of me. My ex-attorney's advise was....."I suggest you comply"......

[FMD]

I will see if I still have my 'list' its a list of email addresses of every congressman, senator, and a few others, in the country... PM me your email address and if I find the list, ill send it to you...

As far as niot suing the state, you yourself maynot be able to, but families of patients, and your signifivant other, CAN.

[Chant]

I agree this should be spread far and wide. The warning flag came up as soon as this information was demanded of me. My ex-attorney's advise was....."I suggest you comply"......

Well... there maybe an issue where certain documents are considered "private company property"... and of course in this case any attorney will advise you comply with the request to return them.

It may be the law, but in this case it may not be the moral thing to do, seeing you have the health & lives of residents and employees at risk. And it's obviously being covered up to save the state from being blamed for neglect. There is a legal clause that more or less states its allowable to break a law, if following it would result in a greater law being broken. In this case, a clear danger to life.

Its a tough call... but if it were me, I'd send out copies of the documents to the residents' families if I were able, then to the media... before the state could seriously demand them back again. By then, it would be too late to keep the cover up going. As an explaination, I'd use the lives and health were at risk reason. You went to the state and your supervisors first and got no action, or action that was useless. (this is documented) I informed the familes and media to prevent further risk to life as a result of the issue not being handled properly. If you have a problem with that, take me to court and we'll let a jury decide if I was right... and then it will all be out there on public record for anyone to review.

[Notsofatkat]

Just to get a few more "facts" out. Ray Jonak was the person in charge of the DEC remediation. I spoke to him outside the home when we first evacuated and asked him why wasn't this tank regulated. His reply was "It's only 500 gallons". This is before they dug it out of the ground.

Doug Shaw was the person from PESH/OSHA who came to the house after my repeated attempts to have someone come out. The report that came out of his office said "My allegations of exposure to diesel fuel were unfounded.

The DOH got involved because I sent an E mail to OSEA along with the copy of the letter i sent to the AG. This E mail had to do with my concerns about my health related problems. OSEA forwarded this E mail to the DOH and a Mr. Gerald McDonald got together with Ray Jonak from the DEC who lied on his report and Tim Doty, the Head of the Maintenance Department who told his employees to keep their mouths shut about the oil when they knew it was leaking and made the determination in June of 2010, that the house was safe to live in. Thereby enabling OMRDD to close the door on this as they had "Proper Documentation" from all the State Agencies saying this was not a concern. My friends request for Reasonable Accommodations to not work at this particular home because it made/makes her sick were denied based on the last report from the DOH.

[FMD]

you want results, you need to make noise, ALOT of noise. posting here is the first step, good job.

[Notsofatkat]

The letter from my Supervisor stated he wants the addresses of the Family Members I used to contact them back as well as any reports I did not receive from the State Agencies involved in the cover up. This would have included the air quality testing report that I PAID $450.00 for a private company to come in and do as the State neglected to either do one or would not provide me with copies of results when I requested them. The test I had done through either Sienna or Sierra Environmental is a lot different from the one the State eventually did on 1/12/10.

[Notsofatkat]

Everyone likes to talk about how great OSHA is, however as you found out, OSHA is only as good as the highest bidder...

Contact multiple attorneys, former coworkers, families of those with family members in the group home. the more people you get on board with a lawsuit the better, then go for class action status. Name names, dont pussy out... put it all on the table, and file the suit. Be sure to name OSHA, NYS, the Atty General, your supervisors, and anyone else who wanted this swept under the rug.

I can understand that in some cases you cant contact families of patients if you wish tio do business with them, however your not, instead you are trying to protect their health. If any Super, contacts you and tells you to back off, tell him to talk with your attorney, be sure to name his ass in the lawsuit as well. Sue everybody involved. Its not about YOUR health, its about those under you who are dependant upon the state and those you worked for to provide quality care.

If it were me, this lawsuit would have been started a long time ago.

Open the phone book, and call attorneys who do not have a full page listing, or huge advertisements.

After OSHA did their "inspection" Doug Shaw told me there was nothing they could do, but if I decided to bid out of this position, I'd better "be careful" where I bid to...?????

[Chant]

The letter from my Supervisor stated he wants the addresses of the Family Members I used to contact them back as well as any reports I did not receive from the State Agencies involved in the cover up. This would have included the air quality testing report that I PAID $450.00 for a private company to come in and do as the State neglected to either do one or would not provide me with copies of results when I requested them. The test I had done through either Sienna or Sierra Environmental is a lot different from the one the State eventually did on 1/12/10.

Hummm.... I definately would have to tell them, bite me, on the test you personally paid to have done. Also, whose to say you personally didn't have this test done for the sole purpose of your own health issues you suffered while employed there. I would think that it would now become a private medical record in that case.
Anyway... if they want it, tell them to get a subpeona. If this were to go to court they would be entitled to a copy of it anyway under the rules of discovery... seeing you had it done on your own. If you would have had a lawyer do it on your behalf as a client, then it would have been considered "work product", and protected from discovery... and your lawyer would only had to turn it over to them if they wanted to.

[therising]

After OSHA did their "inspection" Doug Shaw told me there was nothing they could do, but if I decided to bid out of this position, I'd better "be careful" where I bid to...?????

I have a good friend who does what you do, so I know you guys are Unionized. So, what did the Union say?

Secondly, and I may have lost this in your story - why did you lose your job? What reason did they give? And, again, what did the Union say?

Finally - did you really expect that Andrew Cuomo, as AG, would get personally involved with every piece of correspondence that comes in? Of course you don't -- so why bother making such a disingenuous statement as this?


I really thought going to A. Cuomo would rectify or at least address my concerns, but he did nothing.

[sharky]

My first thought is to take your documentation to the media and let them investigate it.

LOL
the days of the media doing any real investigation into gov't wrong doing are mostly over

lawyer up and sue, even though it will cost us tax payers more money

when I get home I'll post a link to this thread on another site I post at that has a NY forum to help get the word out, who knows maybe someone with connections that can help will see it

[Notsofatkat]

I have a good friend who does what you do, so I know you guys are Unionized. So, what did the Union say?

Secondly, and I may have lost this in your story - why did you lose your job? What reason did they give? And, again, what did the Union say?

Finally - did you really expect that Andrew Cuomo, as AG, would get personally involved with every piece of correspondence that comes in? Of course you don't -- so why bother making such a disingenuous statement as this?

The Union wouldn't do anything for us. Period....

I lost the job at the home in Amherst, and Reasonable Accommodations aren't being granted to work at another home because the DOH said this house is safe to work in. So, I lost my job. I can't work anyways because this chemical exposure ruined my health.

I wouldn't have wasted my time writing to the Attorney General's Office if I didn't expect something to be done about this neglect.

[Notsofatkat]

LOL
the days of the media doing any real investigation into gov't wrong doing are mostly over

lawyer up and sue, even though it will cost us tax payers more money

when I get home I'll post a link to this thread on another site I post at that has a NY forum to help get the word out, who knows maybe someone with connections that can help will see it

I've written to everybody and anybody I thought would help with this, and for the most part, except for the attorneys who said they can't help have received no responses.

[Notsofatkat]

I've posted some pictures of the Oil Spill, Tank and Sump Pumps.....

[therising]

I've posted some pictures of the Oil Spill, Tank and Sump Pumps.....

Where are the pictures?

And, what was your Union's reasoning for not helping you? You say that the State was putting your health at risk, and your Union didn't care?
That seems odd.

[keyboard150]

This is definitely something you need to go public about, especially to Paladino's campaign.

Cuomo's party hacks are so busy trying to make it seem like Paladino isn't qualified because of emails he sends and tax breaks he gets.

It's time that the reality comes out--- Cuomo DOES NOT CARE about the little guy, only himself.

This is DEFINITELY a situation that the attorney general should have had a part of, but instead, he ignored it and could care less about citizens who were made sick due to neglect.

Make a big deal of it. This isn't the first thing Cuomo has done to show how little he cares about tax payers.

[Notsofatkat]

I put the pictures in an album. I wasn't sure how to post them any other way. Any help?

[Notsofatkat]

Where are the pictures?

And, what was your Union's reasoning for not helping you? You say that the State was putting your health at risk, and your Union didn't care?
That seems odd.

The Union couldn't have cared less. They said it was being taken care of by the appropriate agencies..the DEC, and OGS. The Union doesn't work for us. They work for Management. In December of 2009 the Union Vice President came to the home right before Christmas. I asked to him step into the house so he could smell the petroleum odor. He said,,,Yea this stinks..I asked him what he was going to do about it this time. He proceeded to tell me what a good job he did when he was a Supervisor. THE UNION IS NOT THERE FOR THE WORKERS. Eventually the Union started to ignore the complaints and not return phone calls. They are too busy playing in Golf Tournaments, and going to Conventions.....SAD, VERY SAD but true.

[therising]

I've posted some pictures of the Oil Spill, Tank and Sump Pumps.....

and then,


I put the pictures in an album. I wasn't sure how to post them any other way. Any help?

You said you posted pictures, and told us to look at them. Then, when asked "where are the pictures," you said that you don't know how to post pictures.

So, which is it?

[therising]

This is definitely something you need to go public about, especially to Paladino's campaign.

Cuomo's party hacks are so busy trying to make it seem like Paladino isn't qualified because of emails he sends and tax breaks he gets.

It's time that the reality comes out--- Cuomo DOES NOT CARE about the little guy, only himself.

This is DEFINITELY a situation that the attorney general should have had a part of, but instead, he ignored it and could care less about citizens who were made sick due to neglect.

Make a big deal of it. This isn't the first thing Cuomo has done to show how little he cares about tax payers.

So, you honestly think that the AG should - or does - get involved in every piece of correspondence that comes to his office?

Of course you don't - you're just looking to distort a little story into a political issue.

Or, maybe you do believe it.....but I think you're smarter than that.

[Bioguy231]

You need to do what everyone else who wants something from Cuomo does. Donate to his campaign. Send him $25,000 or $50,000 and he'll probably look into your problem.

That's what all the unions. lobbyists and other special interest groups do. Throw Andrew 50G's and he'll do whatever you want him to.

[keyboard150]

So, you honestly think that the AG should - or does - get involved in every piece of correspondence that comes to his offic

Of course you don't - you're just looking to distort a little story into a political issue.

Or, maybe you do believe it.....but I think you're smarter than that.

No obviously i don't. HOWEVER when it is a matter of a STATE organization violating the rights of citizens... aka health and safety...he most definitely and without question SHOULD get involved.

[Notsofatkat]

and then,



you said you posted pictures, and told us to look at them. Then, when asked "where are the pictures," you said that you don't know how to post pictures.

So, which is it?

3171

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[Notsofatkat]

3171

3172

3173

3174

3175

Well, here they are Riser.......

[keyboard150]

Well, here they are Riser.......

I have to point out....I believe you and think that Cuomo is a dirtbag as people say---especially for not taking action on this issue.


However, most of those pictures really don't show anything other than some dirt piles. Even the picture of the tank itself doesn't really show anything...other than a tank that was removed from the ground.

You need more photos like that you took of the sump pump---which obviously has something nasty leaching into the well there.

You said there was stuff leaching through the foundation---do you have pictures of that?

[Notsofatkat]

I have to point out....I believe you and think that Cuomo is a dirtbag as people say---especially for not taking action on this issue.


However, most of those pictures really don't show anything other than some dirt piles. Even the picture of the tank itself doesn't really show anything...other than a tank that was removed from the ground.

You need more photos like that you took of the sump pump---which obviously has something nasty leaching into the well there.

You said there was stuff leaching through the foundation---do you have pictures of that?
My point in this is that the State KNEW the tank was leaking and did nothing about it until "I" brought it to their attention after one of my staff uncovered the sump pumps in the basement which were covered up with boards and the diesel fuel as you see in the pictures is what was there....I'm sick from this...with what is called a Multiple Chemical Sensitivity. I'm allergic to household cleaning products, gasoline, gasoline vapors, gas grills. I can't ride my bicycle anymore..(I used to ride 30 miles a day)..I can't swim in a swiming pool, I can't use air conditioning in my house or in my car, I can't go to cookouts or be near gas grills, the sun gives me large welts on my skin. I can't wear sunscreen in order to avoid the welts. I can no longer dye my hair, use perfume, or any scented products. I can't polish my nails, mow the lawn, or be outside when anyone else is mowing. If I'm exposed to chemicals, I am sick for a few hours or days depending on the chemical involved and the length of the exposure...Now I'm starting to have food allergies....
To answer your question...Yes I have pictures of the cracks in the wall that were oozing the oil.

[keyboard150]

My point in this is that the State KNEW the tank was leaking and did nothing about it until "I" brought it to their attention after one of my staff uncovered the sump pumps in the basement which were covered up with boards and the diesel fuel as you see in the pictures is what was there....I'm sick from this...with what is called a Multiple Chemical Sensitivity. I'm allergic to household cleaning products, gasoline, gasoline vapors, gas grills. I can't ride my bicycle anymore..(I used to ride 30 miles a day)..I can't swim in a swiming pool, I can't use air conditioning in my house or in my car, I can't go to cookouts or be near gas grills, the sun gives me large welts on my skin. I can't wear sunscreen in order to avoid the welts. I can no longer dye my hair, use perfume, or any scented products. I can't polish my nails, mow the lawn, or be outside when anyone else is mowing. If I'm exposed to chemicals, I am sick for a few hours or days depending on the chemical involved and the length of the exposure...Now I'm starting to have food allergies....
To answer your question...Yes I have pictures of the cracks in the wall that were oozing the oil.

So when are you going to file a civil suit against the state for this?

[keyboard150]

Shocker.

Just saw cuomo's first anti-Paladino ads.


Same pathetic, stupid rhetoric that democraps and their supporters have been spewing since the beginning.

"Carl rents office space to the state."
"He sent yucky emails."

Pathetic, especially from a party littered with criminals. A party that went to Paladino to rent the space.

Oh, but we won't talk about that, will we?

Attacking a landlord for renting to someone is just stupid. Stupid, Stupid, STUPID.

[FMD]

if your health problems are even a tenth of what you claim, you need to file a civil suit. Have your attorney, file to have you co workers, and the patients to get involved and try to go for class action status.

Your mad cause the state knew and did nothing?

The state knew about the leakings at Love Canal and did nothing till the people became violent.

The state knew about the LOOW site leaking and went ahead with building a high school and elementary school with in very close proximity.

The state knows that West Valley is leaking, and hasnt done a damn thing...

The state doesnt give a hoot about us, or our well being. And who makes up the 'state'? Politicians do.

[keyboard150]

if your health problems are even a tenth of what you claim, you need to file a civil suit. Have your attorney, file to have you co workers, and the patients to get involved and try to go for class action status.

Your mad cause the state knew and did nothing?

The state knew about the leakings at Love Canal and did nothing till the people became violent.

The state knew about the LOOW site leaking and went ahead with building a high school and elementary school with in very close proximity.

The state knows that West Valley is leaking, and hasnt done a damn thing...

The state doesnt give a hoot about us, or our well being. And who makes up the 'state'? Politicians do.

Exactly. And Cuomo isn't going to rattle feathers of fellow politicians in an election year, so he's going to ignore it for his own benefit.

I swear dude, if you don't get this to the media, you're equally at fault for the problems this state will acrue with Cuomo as governor.
You need to go beyond the "forum" stage and get after them. Make it a media circus.

[FMD]

Maybe its time you visit radio stations and tv stations in person, instead of using E-Mail....

[Notsofatkat]

Maybe its time you visit radio stations and tv stations in person, instead of using E-Mail....

I believe that will be the next step...I started looking into public protests to make sure I will not be breaking any laws when I show up with my poster boards informing the public about how the State was able to poison us.

[Notsofatkat]

if your health problems are even a tenth of what you claim, you need to file a civil suit. Have your attorney, file to have you co workers, and the patients to get involved and try to go for class action status.

Your mad cause the state knew and did nothing?

The state knew about the leakings at Love Canal and did nothing till the people became violent.

The state knew about the LOOW site leaking and went ahead with building a high school and elementary school with in very close proximity.

The state knows that West Valley is leaking, and hasnt done a damn thing...

The state doesnt give a hoot about us, or our well being. And who makes up the 'state'? Politicians do.

My health problems are all I said they were. I've been a prisoner in my home most of the summer. I fired my attorney, and I'm looking for another one. All the other attorneys I contacted are telling me I can't sue the State and that Worker's comp is my only recourse. I know there has to be someone out there that will take this case,,,but MONEY is always the big stumbling block....Mine has been very meager these last 7 months, and the attorneys won't take the case unless they think they can make some....

[Notsofatkat]

So when are you going to file a civil suit against the state for this?

As soon as I find an attorney to help me. I have looked into doing this myself, but it costs money, which, unfortunately, I don't have right now....

[keyboard150]

I believe that will be the next step...I started looking into public protests to make sure I will not be breaking any laws when I show up with my poster boards informing the public about how the State was able to poison us.

WHAT?

You have the right to assemble and protest. Why would you think you'd be breaking any laws?!

I know this is a socialist state, but we are still bound by the laws of the US constitution.

But, if the democrats stay in power, maybe they'll look at changing that too.

[keyboard150]

As soon as I find an attorney to help me. I have looked into doing this myself, but it costs money, which, unfortunately, I don't have right now....

Most lawyers will not collect in a civil suit unless you win.

[FMD]

Maybe you should PM Jom Owtowski or whatever his name is, hes a lawyer on this board, and loves suing the state... he seems pretty good at it too...

[Notsofatkat]

Maybe you should PM Jom Owtowski or whatever his name is, hes a lawyer on this board, and loves suing the state... he seems pretty good at it too...

Well that's encouraging...Thanks

[therising]

As soon as I find an attorney to help me. I have looked into doing this myself, but it costs money, which, unfortunately, I don't have right now....

You say that your health problems (which seem horrible) were caused by the negligence of the State.
I can't understand how the large Personal Injury firms - i.e. the Cellino & Barnes, and Brown Chiaris of the world wouldn't be chomping at the bit to take your case.

You make it seem like the case is a no-brainer. Therefore, something does not compute.

[FMD]

the larger firms are only really interested in the 'easy' cases where, its caught on tape of negligence. the only reason celino & Barnes is so big, is because they put every penny they had into advertising,..... now theyre making so much money, justice doesnt mean anything to them anymore.

[Notsofatkat]

You say that your health problems (which seem horrible) were caused by the negligence of the State.
I can't understand how the large Personal Injury firms - i.e. the Cellino & Barnes, and Brown Chiaris of the world wouldn't be chomping at the bit to take your case.

You make it seem like the case is a no-brainer. Therefore, something does not compute.

My health problems were caused by the negligence of the State. You might want to give Cellino & Barnes a call and ask them why they told me no....

I can't sue my employer. That is why we have Worker's Comp... A civil suit would have to be initiated by one of the family members of the Consumers living at the home, and so far this has not happened because OMRDD told them "everything is fine"., and not to talk to me...

Why don't you join me in pouring over the hundreds of documents I have to prove this is a no brainer, and then maybe it will compute Will Robinson.

By the way..,,I got my prescription from the Chemical Exposure Specialist I drive to Syracuse to see. It's for a "charcoal face mask" for me to wear when I go outside....

[Notsofatkat]

the larger firms are only really interested in the 'easy' cases where, its caught on tape of negligence. the only reason celino & Barnes is so big, is because they put every penny they had into advertising,..... now theyre making so much money, justice doesnt mean anything to them anymore.

That's it exactly. Justice does not mean anything anymore, and it's all about the money.

[magrep]

I wonder if there is still evidence of oil on the ground? If there is I think you might be able to report it to the fire department? The reason this might do some good is that the fire department follows very specific regulations and they take something as small as a gallon seriously. I worked for a gas station many years ago and when there was evidence of a leaking tank the whole place was shut down and the contamination had to be properly cleaned up. Perhaps there was more than one tank in the ground and there is still a source. Also, they have procedures for reporting larger spills to state and federal agencies that might bypass the "good 'ole boy" group your situation is encased in. I am not sure if this would do any god. Just an idea.


Just to get a few more "facts" out. Ray Jonak was the person in charge of the DEC remediation. I spoke to him outside the home when we first evacuated and asked him why wasn't this tank regulated. His reply was "It's only 500 gallons". This is before they dug it out of the ground.

Doug Shaw was the person from PESH/OSHA who came to the house after my repeated attempts to have someone come out. The report that came out of his office said "My allegations of exposure to diesel fuel were unfounded.

The DOH got involved because I sent an E mail to OSEA along with the copy of the letter i sent to the AG. This E mail had to do with my concerns about my health related problems. OSEA forwarded this E mail to the DOH and a Mr. Gerald McDonald got together with Ray Jonak from the DEC who lied on his report and Tim Doty, the Head of the Maintenance Department who told his employees to keep their mouths shut about the oil when they knew it was leaking and made the determination in June of 2010, that the house was safe to live in. Thereby enabling OMRDD to close the door on this as they had "Proper Documentation" from all the State Agencies saying this was not a concern. My friends request for Reasonable Accommodations to not work at this particular home because it made/makes her sick were denied based on the last report from the DOH.

[magrep]

It is time to figure out how to get the federal agencies involved.



I wonder if there is still evidence of oil on the ground? If there is I think you might be able to report it to the fire department? The reason this might do some good is that the fire department follows very specific regulations and they take something as small as a gallon seriously. I worked for a gas station many years ago and when there was evidence of a leaking tank the whole place was shut down and the contamination had to be properly cleaned up. Perhaps there was more than one tank in the ground and there is still a source. Also, they have procedures for reporting larger spills to state and federal agencies that might bypass the "good 'ole boy" group your situation is encased in. I am not sure if this would do any god. Just an idea.

[shortstuff]

It is time to figure out how to get the federal agencies involved.

Great idea magrep. Also, a lawsuit with Cellino or something for all the damages and fees.

You have a great case, it is finding that needle in the hay stack that will help you.

Don't give up and Coumo is a jerk. Get to Paladino somehow. Get the news there, if there is a problem someone else's illness will add the nail in the coffin....good luck.

YOu have documentation for your illness, keep after worker's comp too.

[FMD]

I still say contact Carl directly. right now he is in the National media spot light... say for instance he blurbs about how NYS decided, that it was better to let a dozen seniors live on top of a toxic waste dump... the allegation ALONE would make national headlines.

[keyboard150]

I don't know why you aren't making more noise about this. The election is getting closer and something needs to be done to stop cuomo from getting elected.

THIS IS SOMETHING that will really hurt him. So come on!

[Notsofatkat]

I wonder if there is still evidence of oil on the ground? If there is I think you might be able to report it to the fire department? The reason this might do some good is that the fire department follows very specific regulations and they take something as small as a gallon seriously. I worked for a gas station many years ago and when there was evidence of a leaking tank the whole place was shut down and the contamination had to be properly cleaned up. Perhaps there was more than one tank in the ground and there is still a source. Also, they have procedures for reporting larger spills to state and federal agencies that might bypass the "good 'ole boy" group your situation is encased in. I am not sure if this would do any god. Just an idea.

I sent a FOIL request to the Town of Amherst asking them for any information they had as far as there being underground storage tanks at the home. I was informed that a fire complaint record exists that indicates the Amherst Department of Emergency Services was contacted about a leaking underground fuel oil tank. "Since the property was not considered our (Amherst) jurisdiction, a Tim Ebersol from OGS NYS was contacted who reported the tank was removed. This reply came from the Senior Code Enforcement Officer of Amherst. It appears that once New York State purchases a piece of property, they make up the rules as they go. Thanks for the input:)

[Notsofatkat]

I don't know why you aren't making more noise about this. The election is getting closer and something needs to be done to stop cuomo from getting elected.

THIS IS SOMETHING that will really hurt him. So come on!

I've been making noise about this since March of 2009. NO ONE WILL LISTEN. Not the newspapers, Mrs. Obama, the senators I've written to, A. Cuomo, the DEC, DOH, OSHA, Dr. Phil, Oprah, the News channels, Lois Gibbs, Erin Brochovich, the Governor, President Obama came to Amherst 2 weeks after I sent a "packet" of information to the White House...He ate chicken wings and left. Our Union wouldn't do anything about it. I'm not the only one sick from this, and I'm not looking forward to "fighting worker's comp" for the next couple of years for 2/3 of the pay I made back in February.....

[Notsofatkat]

I've been making noise about this since March of 2009. NO ONE WILL LISTEN. Not the newspapers, Mrs. Obama, the senators I've written to, A. Cuomo, the DEC, DOH, OSHA, Dr. Phil, Oprah, the News channels, Lois Gibbs, Erin Brochovich, the Governor, President Obama came to Amherst 2 weeks after I sent a "packet" of information to the White House...He ate chicken wings and left. Our Union wouldn't do anything about it. I'm not the only one sick from this, and I'm not looking forward to "fighting worker's comp" for the next couple of years for 2/3 of the pay I made back in February.....

Here are a couple of the pics of the oil coming through the walls and the "basement drains" They don't look like drains to me and there are four of them....Naphthalene, Benzene, Toulene, m & p xylenes.....Nasty Nasty Chemicals