STATE OF NEW YORK — COURT OF CLAIMS
FRANCISZEK C. KULON,
Plaintiff,
NOTICE OF INTENTION
to FILE A CLAIM
—against—
STATE OF NEW YORK
Defendant.
TO THE:
Office of the Attorney General
Litigation Bureau
Justice Building, 2nd Floor
Albany, NY 12224
PLEASE TAKE NOTICE, that the undersigned FRANCISZEK C. KULON intends to file a claim against the State of New York, pursuant to §§10 and 11 of the Court of Claims Act.
The post office address of the claimant herein is:
596 Aden Hill Road
Parksville, NY 12768
(845) 292-4275
This is a claim against the State of New York to recover damages for violations of State of Federal Constitutional rights arising out of various actions taken by state and municipal agencies against the Plaintiff.
Now, the following people listed below (page 2-3), who formerly served in government positions, abused their power and are not protected by any immunity.
Regarding the physical and mental harassment I have suffered due to their actions. Therefore I am suing the State of New York with evidence that they were and are involved
(not just once) in a "conspiracy" / among other facts: they hired a man to kill me with a
12 caliber shotgun.
At last specifically neglect procedure the DA’s office carefully and consistently ignored any consequences and his attempted murder case, was never taken to court.
I respectfully hope that your and not the last instance will take this seriously and respond to this Notice of Claim so that justice is finally done. Only a full and fair hearing on the merits of my claim will allow me to also have hopes that my artistic creativity will be allowed to flourish. And it will flourish without the kid State-sponsored harassment I have endured for sixteen (16) years. For I am convinced that the true justice awaits me to be fully accomplished by the State of New York’s judicial system.
I am convinced that to live in America is not to be afraid of the State, it is not and only to be able to read and understand “instructions” but to have comity with the State itself. Not like alienated, special castes of people whose reason and purpose of life is predetermined by those connected with State power. We are simple beings, those who really work, contribute as much as we can do so even so the average person is not allowed much as the connected, the rich and powerful.
Therefore, what you will encounter in this Notice of Claim is the unfortunate work of judges and lawyers—especially those who have recently manipulated in my cases. Those cases show the horror I experienced over a period of approximately sixteen (16) years. What I’m doing in the Notice of Claim is to sensitize those who are at work in the arts and would like to express themselves creatively free of State interference. If so, I will be eternally grateful.
For me, life is precious and bountiful; a state of being in which every fiber of the soul is engaged in conscience of country: the United States. In the final analysis, we are all human beings. Our lives have value as human beings who know how to exist (for God’s sake) in symbiosis with ourselves and the State.
These events date from as far back as 1998 to 2014, regarding a civil lawsuit against officials in Sullivan County, New York.
Section 30.10 of the New York Criminal Procedure says there is no statute of limitations in New York for the crimes described in this section.
Jeffrey S. Altbach; Justice of Peace
Ira J. Cohen; Sullivan County Treasurer
Keith Zanetti; Justice of Peace
Stephen F. Lungen; District Attorney
Karen Mannino; District Attorney; assistant
Stephan Schick; Legal Aid Bureau
Anthony Kane; Supreme Court Justice
Frank Sticco Detective; Police officer
Jeffrey S. Altbach, a local general practice lawyer and Justice of the Peace, who had personal interests through his friendship with various locals, caused petitioner to be falsely accused and prosecuted, and held the Sullivan County Jail for 4 days.
In August 2000, Altbach filed a $1.5 million lawsuit against petitioner because petitioner had painted and displayed a likeness of Altbach. The lawsuit violated Petitioner’s First Amendment rights. Altbach argued that petitioner meant to maliciously damage Altbach’s reputation and ability to function as a lawyer and judge: Exhibit # A
Judge Anthony Kane, is accused by the petitioner of giving unfair preferential treatment and showing favoritism toward Altbach. In 2002 Kane found Petitioner guilty of contempt of court and ordered to Petitioner to pay $3,600 to Albach, and pay $500 to the state. When Petitioner failed to pay, he was committed to the Sullivan County Jail. Exhibit # B
Stephen F. Lungen, the Sullivan County District Attorney at the time, is accused by Petitioner of allowing James Dambrose, who petitioner says had tried to murder him, to escape justice. Ambrose was a friend of local and was legal authorities, was let off with a laps on the wrist with no input from petitioner. Petitioner’s attempts to obtain documentation about sentencing and the disposition of the case were fruitless. Petitioner was summoned to appear before a grand jury in the matter but the grand jury investigation did not occur. Exhibit # C
James D'Ambrose gave his two houses to his lawyer Henri Shawn and was allowed to get away with attempted murder. Stephen Lungen and Attorney Henri Shawn used to work together in the office of the District Attorney of Sullivan County. Shawn threatened to file criminal charges against Petitioner if Petitioner contacted Shawn. Exhibit # D
Karen Mannino, Assistant District Attorney, filed documents in June 15, 2000, accusing James D’Ambrose of Reckless Endangerment regarding the firing of a shotgun in the direction of Petitioner. Exhibit # E
Ira J. Cohen, the Sullivan County Treasurer and former Attorney for Sullivan County, in explaining his own thoughts in ordering that a painting by Petitioner be taken down from a display of several paintings in the Sullivan County Government Center, Cohen expressly admitted that he "was familiar with Mr. Kulon, his artwork, his legal battles, and some of his propensities," in an Affidavit given to Petitioner’s Attorney Michael Sussman on February 21, 2005 at 16. Later, Cohen explained that Kulon's painting of a sitting State Supreme Court Judge, Kane, upset him and that he felt Kulon was a “hypocrite”.
Plainly, this court can draw a reasonable inference from the testimony he gave that the then - County Attorney had a low opinion of Kulon. More critically, his decision to remove the painting was, by Cohen's own account, plainly content-based: he was upset that it depicted violence. Cohen had previously had attempted to censor Petitioners art work which Petitioner claims is and revenge for Petitioner having exercised freedom of expression in his paintings, which featured various local officials in various
states of compromising positions and undress.
Petitioner claims that county officials foreclosed on his house,
which he purchased and restored from a condemned state, because of a minor default in payment and processing error: Exhibit # F
By virtue of the conduct of the Defendants, their agents, and employees, the rights of Petitioner have been defeated, impaired, impeded and prejudiced. In part, the progress of the sale of Petitioner’s house and property were wrongly continued, and offers solicited and/or received as a result of the offending activities, as shown in the Exhibits, clearly impeded any and all attempts at settlement negotiations to date. Ira Cohen and Karen Mannino have resisted and failed to cooperate in good faith with all and any settlement negotiations. As a result, petitioner suffered serious economic and emotional harm.
Frank J. Sticco, an investigator, is accused by Petitioner of outrageous behavior. The day he was taking me to Altbach’s office, Petitioner asked him where they were taking me. The response was, "Shut up you ***ing asshole, or I'll shoot down in the bush." Petitioner tried desperately to understand why Detective Sticco apparently hated him, someone he had never even seen before. He cursed and insulted … perhaps he knew what he was doing was wrong. On the way to jail, Detective Sticco cursed and insulted Petitioner continuously. He called petitioner a "trash * ***ing unwanted Russian stinky immigrant chicken shit ***ing asshole." Petitioner felt he was being provoked to show the slightest sign of physical resistance which would result in even worse abuse. After Sticco learned that an attorney came to intervene, he stopped persecuting Petitioner personally and Petitioner never saw him again. All the complaint sworn against Petitioner were dismissed. Exhibit # H
Stephan Schick, a legal aid attorney at the time, by Petitioner’s account, on the second day of petitioner’s first arrest, visited Petitioner in jail. Schick proposed that if Petitioner turned over the papers to his home, Schick would bail him out of jail. After that, he consistently refused to give petitioner any legal help. Exhibit # I
Keith Zanetti, Town of Neversink Justice of the Peace is accused by Petitioner of nepotism and abuse of power, presiding over many criminal cases without having appropriate facilities and competence in relevant legal matters. Over 20 years he judged many times in criminal cases when his cousin legal aid attorney Stephan Schick was in the courtroom. Exhibit # J
Soon after D'Ambrose tried to kill Petitioner, he fabricated some stories and called police. Petitioner tried to explain the policeman showing him a letter from the DA's Office signed by Karen Mannino that he had an order of protection against D'Ambroz. The policeman stated the letter did not reflect it and that there was no record of the order at the police station. Therefore Petitioner was arrested again.
Petitioner contacted an attorney who opened a case and wrote a letter to Sullivan County Distrcit Attorney Stephen F. Lungen,. Exhibit # K
Karen Mannino, from the DA’s Office, sent two letters stating Petitioner had an order of protection against D'Ambrose. Exhibit # L
**************
Petitioner’s Statement:
This is such an absurd matter that I can hardly believe it happened. I was, in fact, the victim in this matter. The arrests, conviction, and protective orders were entered because I did not understand the proceedings, or what problems they might someday cause. I was not provided with an interpreter as I asked. I simply paid some fees in the hope that all the distress would go away.
In truth, I have been shot at with no consequence to the shooter, brutally arrested without cause or provocation, held in jail improperly, and convicted of harassment (with protective orders,) although I never harassed a soul. I did nothing to provoke any of this. I did not retaliate, except in the subject matter of my art. But I now have the two arrests and protective orders on my record, and I have therefore been denied citizenship. The truth of the matter is complicated and is described in the details provided below. It is very important to me that you take the time to read it.
Relevant Personal Background:
I am an artist and an immigrant to this country. I studied painting in the traditional manner in my native Poland, and became well known there. I have a free soul and could not stand the oppression I experienced under the communist regime, so I came to the United States in search of an opportunity to earn and live a free life. I am a peaceful man and wanted to be at peace.
My immigration to this country was not easy. I spent almost year living in camps and detention
before I gained entrance to New York City. Like many immigrants, I first lived in inexpensive neighborhoods that more established citizens prefer to avoid. But I worked hard at my art, and my paintings began to sell here.
When my friends saw that my life was improving, they urged me to leave the more troubled areas of New York City and paint in the peace of the countryside. After several years I found that I was able to afford an old house in Parksville, in a serious state of disrepair. Never mind its condition - I could afford it, and it had promise. The closing was followed by many months of hard work. Renovations to the house competed with painting for all of my time, but I was happy.
Unfortunately, Parksville turned out to be similar to small towns you see in the movies, where cronyism is the rule, everyone knows everyone, and outsiders are not welcome. Especially when they unknowingly bought a house that was desired by attorney and Justice of the Peace Jeffrey Altbach. But more about this soon.
The Arrests and Convictions:
Troubles began early on in September, 1997. A plain-clothes police officer, Detective Sticco, accompanied by another officer in uniform, kicked open my front door. Without explanation, they handcuffed me and told me to stay put. Then they began to search my house. When they found nothing of interest, Sticco began a show of force in front of his apparently surprised young colleague. Waving his loaded revolver in front of my face, he promised to shoot me on the spot if I made an unexpected move. He used my telephone, made some calls, pushed me out of the house with his knee, and took me away in a car. I had no idea what was happening. I could think of no reason for what was being done, and there was no explanation, Miranda readings, or anything of the sort. I asked the officers where they were taking me. The response was "Shut up you ***ing asshole, or I'll shoot you down." I tried desperately to understand why Detective Sticco apparently hated me, someone he had never even seen before.
The police took me to the troopers’ barracks. Detective Sticco made some phones calls, fingerprinted me, and forced me to sign my name at the bottom of some form. Then the officers
put me in a private car and took me to the office of Jeffrey Altbach. Never mind that Altbach had no authority or jurisdiction over the matter. They joked a while at my expense. Altbach asked if I had $2,500.00 on me for bail, and said that if I did not, I would be going to jail. I explained that I could make a phone call and get the money, but was told that I could not. I was then taken to jail. First though, the police took me back to their barracks to get a police car for the trip.
On the way to jail, Detective Sticco cursed and insulted me continuously. I learned that I was "trash... a ***ing unwanted Russian stinky immigrant chicken shit ***ing asshole." I could not help feeling I was being provoked to show the slightest sign of physical resistance which would result in even worse abuse.
In jail I was not allowed to contact anybody until the next day. Despite that, I was optimistic. I thought the incident must have been a terrible misunderstanding of some sort. Finally, I was allowed to make a collect call to Mr. Halkias, the owner of Grand Prospect Hall in Brooklyn, where I had helped with renovation and artwork since my arrival in New York City. Mr. Halkias was, to say the least, surprised when I told him I was in the County Jail. He tried to post my bail and obtain my release, but his efforts were rebuffed.
I spent two days in jail, and then was taken to the courthouse in Grahamsville to face Judge (and automobile mechanic) Zanetti. Judge Zanetti asked about the charges against me. Ms. Mitzner of the District Attorney's office responded, "He has no respect." She also said that Altbach had caused me to be locked up, and had the “papers,” but unfortunately was on vacation that day. Judge Zanetti ordered that I be returned to jail until proper “papers” were produced. I now understand this to mean papers with formal charges. Two days later I was brought back before Judge Zanetti who posed the same question to Ms. Mitzner - where are the papers? Mitzner replied that she still had nothing from Altbach. Judge Zanetti then released me, stating, "I can't keep him locked up forever without a cause."
A sort of peace lasted until I learned of a court appearance date. It was, however, interrupted by numerous unsolicited telephone offers to purchase my home. At the time, I did not connect these phone calls with my arrest - I was merely surprised, because I had no plans to sell and never expressed such intentions to anyone.
Despite being uninformed about the nature of the case against me (no formal court appearance documents were ever provided) I showed up as orally instructed by Judge Zanetti. I arrived alone, without a lawyer. I waited five hours. My case was left for last. When my turn finally came, there were only the court clerk, Judge Zanetti, Mitzner from the District Attorney's office, my neighbor D’Ambrose, and myself in attendance. Judge Zanetti read several charges against me - the ones I understood had to do with harassment of D’Ambrose, and Ms. Susan Derby, a friend of both D’Ambrose and Judge Zanetti.
Once I realized that the situation was serious, I asked Judge Zanetti for time to arrange for an attorney, some witnesses, and an interpreter to ensure that my poor command of English would not put me at a disadvantage. These requests were denied, and D’Ambrose then told his side of the story. When D’Ambrose was finished I tried to speak, but Judge Zanetti said he could only listen to my lawyer (the one he prevented me from getting). He also said that if he were to listen to all defendants he would "go crazy". The proceedings ended immediately thereafter. I was not allowed to defend myself. I had no idea of what the so-called harassment consisted of. Yet both D’Ambrose and Susan Derby received protective orders against me. I was ordered to pay the court fees. I simply paid them and went home, hoping the whole incident would be closed. The denial of my application for citizenship shows how wrong I was.
The memories of this began to fade a bit after several peaceful months. Despite the calm, I decided to take no chances, and so I found a lawyer in case the ugliness returned. This turned out to be a very good decision. Two State Troopers showed up at my house. They explained that they were there following the orders of Detective Sticco, and their job was to bring me to Sticco's office in the troopers barracks. And so they did, but Detective Sticco left soon after he learned that I had retained a lawyer. Meanwhile, a trooper associate of Sticco handcuffed me to a pipe just a couple of inches from the floor. He knew I had recently undergone serious back surgery as a result of a car accident, so this must have been done solely to inflict pain. I could only kneel upon the floor. I learned that they were waiting on Judge Zanetti. Yet, when Zanetti finally showed up in Grahamsville, he merely told the troopers to let me go.
Why Did All This Happen?
I asked myself, “Why did all of this happen?” Why did I fall into such disfavor with the local powers? I could think of no reason, so I investigated. Luckily, Parksville is a small village and people talk a lot to one another, about one another. This helped. Here is what I learned from the people of Parksville:
My neighbor, D’Ambrose, is a friend of Altbach and Detective Sticco. Altbach's divorced wife, without his knowledge, sold my house to me. This made Altbach furious and deprived his real estate company of a possible commission. To make matters worse for Altbach, he had promised my property to one of his friends. So, unknown to me, Altbach had reasons to dislike me, and to see that I left my home.
His opportunity came when D’Ambrose made advances towards my daughter that she and I thought were improper, and I told him to leave her, and me, alone from then on. D’Ambrose, who had a history of mental problems, began a campaign against me. He sued me in small claims court for various things over ten times. All of the cases were dismissed. He began calling the police to report that I was harassing him. Finally D’Ambrose reported that I had stolen a rifle from him. This was not true. This was when the police first came to take me to jail. D’Ambrose finally obtained the formal court protective order against me. Both his success, and court's refusal to explain the underlying reasons, are hopefully unique to this local legal system. Altbach, Justice of the Peace and general practice lawyer, wrote the order. The court, through Judge Zanetti, rubber-stamped it.
Things got worse. After about a year after my first arrest, D’Ambrose tried to shoot me. One day, when I was mowing my lawn, he fired a shotgun at me. Fortunately he missed but his shot pierced the tire of my mower. I called the police and D’Ambrose was arrested but, to my shock and dismay, I saw him free the very next day. I learned he was freed by court order. I was
worried that D’Ambrose might try to shoot me again, but my request for protection was denied. D’Ambrose should have faced trial in court in Monticello. It appears he never did, and he got off easily. I was never asked to testify, even before a Grand Jury. My attempts to obtain documentation of the case have been fruitless.
The local wisdom is that Altbach, with the help of his friends Detective Sticco and Judge Zanetti, wanted to remove me from my house at any costs. I also learned through locals why, when Detective Sticco arrested me for the first time, I was so mysteriously taken to Altbach in a private car, and then in a police car to a court in Liberty rather than Grahamsville, which has jurisdiction over the Parksville area: Grahamsville is outside of Altbach's prime area of influence.
I can only conclude at this point that there exists, in this part of Sullivan County, a dangerous cronyism similar to that seen in the movies, in stereotyped small towns in the deep South. If you cross the wrong path, you can be harassed, fined, jailed, threatened, and attacked. Your rights mean nothing. There is no recourse if this happens. The perpetrators are the powers that be. They will protect themselves, and their personal interests, at all costs and at your expense.
Summation:
This is a draft of the facts that happened to me which I put together. It needs correcting because English is not my first language. My intention is to sue the government for the hardship I endured personally, physically, psychologically and artistically. Thanks for any help/advice you can kindly give me how to prepare a summons and complaint to the federal court.
Best regards,
Thank you so much,
_________________________
FRANCISZEK C. KULON
Claimant
Dated: February___ 2023
WSB:kl
Enclosure
cc: Clerk of the court of Claims
P.O. Box 7344
Capitol Station
Albany, NY 12224
STATE OF NEW YORK — COURT OF CLAIMS
FRANCISZEK C. KULON,
Plaintiff,
—against—
STATE OF NEW YORK
Defendant.
STATE OF NEW YORK )
): ss
COUNTY OF SULLIVAN)
FRANCISZEK C. KULON, being duly sworn, says:
I am the claimant above named; I have read the foregoing Notice of Intention to File a Claim against
the State of New York and know its contents; the same is true to my knowledge,
except as to the matter therein stated to be alleged on information and belief, and as to those matters, I believe it to be true.
______________________
Claimant
Sworn to before me this ________
Day of _________________, 2023
.
______________________________
Notary Public