Claims Judge conspired on his case
May 11, 2018
Buffalo, N.Y. (WBEN) – Ousted Buffalo School Board member Carl Paladino is still fighting. He is filing a complaint with Administrative Judge Paula Feroleto, Attorney Grievance Committee and Judicial Conduct Commission claiming that the judge who heard his case was conflicted and should have recused herself.
Back in September, Judge Catherine Nugent Panepinto denied Paladino a restraining order, allowing the School Board to fill a vacancy on the board. Paladino maintains that the Judge and her husband, former State Senator Marc Panepinto, both had the support and backing of two2 unions, New York State United Teachers and the Buffalo Teachers Federation, during their election campaigns.
Paladino claims they conspired on his case and wants Judge Panepinto removed, or disbarred and wants his case to be heard by another judge.
Paladino was removed by the State Education Commissioner last Summer for revealing discussions that had taken place in executive session.
May 9, 2018
Hon. Paula L. Feroleto, Administrative Judge
Office of Court Administration
92 Franklin St.
Buffalo, NY 14202
Attorney Grievance Committee
438 Main St.,
Buffalo, New York 14202
Judicial Conduct Commission
400 Andrews St.,
Rochester, New York. 14604
Re: Carl Paladino v. State Education Department
Dear Judge Feroleto, Attorney Grievance Committee, and Judicial Conduct Commission:
On September 11, 2017, my attorney, Dennis Vacco, Esq. brought an action against the State of New York Education Department for a temporary restraining order and ultimately a permanent injunction to stay the Order of the Superintendent of the State Education Department removing me from the Board of Education of the City of Buffalo pending a trial on the matter.
The opinion of my attorneys is that we had extremely good cause to stay the arbitrary and capricious actions of the Superintendent in removing an elected official from office over a non-material public disclosure by me of a discussion had in Executive session to reveal a conspiratorial collusion to resolve a Teacher Contract. Our actual adversaries in the action were the New York State United Teachers (NYSUT) and the Buffalo Teachers Federation (BTF) who despised my disclosure of incompetence and criminality in the negotiation and approval of the most recent teacher contract which left the Buffalo Schools virtually bankrupt.
Unfortunately, the random selection process which chooses the Supreme Court Justice who would hear my case assigned Hon. Catherine Nugent Panepinto, JSC.
I submit to you that based on recent information that has come to my attention, Judge Panepinto was extremely conflicted at the time of our hearing and she should have voluntarily recused herself in the matter. Judge Panepinto had the support and backing of NYSUT and the BTF in her election to office.
I have learned that the Judge’s husband, Marc Panepinto, Esq. was given over $1MIL by NYSUT and the BTF for his campaign for election to the New York State Senate and in addition, NYSUT sent one of its political people to run Mr. Panepinto’s campaign.
We thought it unusual that after the hearing where the Judge decided to deny our application, our attorney, was confronted by Marc Panepinto outside of the courtroom where he smirked and made comments to Mr. Vacco that I got what I deserved. Note that the Judge had no other apparent business that afternoon and it was not just a coincidence that her husband was present for the hearing. They obviously conspired on my matter.
There is little question in my mind that Judge Panepinto was terribly conflicted not only because of her and her husband’s relationship with the State and local teacher unions, but also because she was, prior to becoming a judge, also a member of the Buffalo School Board and had recused herself in prior matters involving the Buffalo Board of Education.
Please accept this letter as my complaint against Judge Panepinto and Marc Panepinto, Esq. I request that an investigation of the matter be initiated to determine whether the Judge and her husband should be removed and/or disbarred for their actions in this matter. I further request that Judge Panepinto’s decision be vacated and the matter be referred for rehearing to another judge.
Thank you for your attention to this matter.
Very truly yours,
Carl P. Paladino