Wednesday, January 8, 2014

Andrew Cuomo Please Grant me Entitled Disability Retirement Benefits!

After reading this post please call Governor Cuomo at 518-474-8390 and tell him to use an Executive Order to give me entitled disability retirement benefits. Black New York citizens deserves a governor who will not only support equal opportunity for all of its citizens but one that will correct past racial injustice.

I am entitled to  Disability Retirement because of Judicial Estoppel. The legal doctrine of  Judicial Estoppel means a party is not allowed to present a different legal argument that is contrary to a previous legal argument that results in a favorable decision for that party in another legal proceeding.

The Defendant NYS Department of Civil Service disapproved my disability retirement application in June of 1997.

I filed my employment discrimination lawsuit October 15, 1997, and was FIRED in retaliation for filing  the lawsuit at the close of business on November 2, 1998.

The Defendants in my Title 7 (employment discrimination) Civil Rights Act of 1964, as amended case should not have prevailed in claim that I fired because my medical condition rendered me incapable of doing Correctional Officer duties. Please note in June 1997, they determined that I wasn't disabled and not entitled to disability retirement.

My claim that I was fired November 2, 1998, in retaliation for filing October 15, 1997, lawsuit was rejected by district court, Second Circuit Court of Appeals and Supreme Court of the United States.

I have exhausted all avenues of judiciary redress including appealling my case without an attorney to the Supreme Court of the United States. Governor Andrew Cuomo is my only hope for peace, entitled disability retirement, and/or justice.


In an order dated May 25, 2001, now deceased Judge Elfvin, granted the Defendant's summary judgment motion in its entirety.



See Gould Declaration filed November 17, 2000. The evidence amply supports this conclusion and, as will be discussed more fully below, plaintiff’s references to a retaliatory motive behind her discharge based on race and sex are at best, conclusory assertions."  

"Turning first to plaintiff's claim regarding retaliatory discharge it is plain that  there are no facts in the record upon which such allegation can succeed. Assuming that plaintiff has set forth prima facie case of rretaliatory discharge she fails to articulate any reason why the proffered justification for terminating her was pretext - viz that her medical condition rendered  her incapable  of performing the duties of a correctional officer. (Purposely typed and copied from origin court order)
NOTE: The judge cited Gould's perjured declaration in granting the Defendants summary judgement motion. At the bottom of Gould perjured declaration you can see the NYS Attorney General's name and fax number. Since Spitzer's staff knew that I was terminated in November 2, 1998 are they guilty of violating my civil rights or willfully engaging in a conspiracy with Lee Gould by submitting the perjured declaration for him to sign? 

During the final appeal hearing proceeding of my disability retirement application in 2002 NYS Department of Civil Services  argued that I was not entitled to disability retirement because I wasn’t disabled. Their 2002 legal argument (position) contradicted their legal summary judgment argument. An argument that resulted in Judge Elfvin’s favorable dismissing my entire case and ruling that my termination was not retaliatory.

In May of 2005 I contacted the United States Justice Department and at their telephone request e-mailed extensive documentation to support the fact that Eliot Spitzer filed 7 perjured declarations. The perjured declarations were filed in federal court with Spitzer summary judgment motion. All of the declarations in the following picture contained perjured (false) statement(s). 

In July 2005 Jane Wolfe and Allison Gioia both US Justice Department attorneys, reviewed my perjury allegations and direct evidence supporting the allegations. The United States Justice Department attorneys confirmed the perjury and informed me that they were referring my case to the FBI for an investigation. 

I telephoned the FBI and was told that they could not confirm or deny the fact that my allegations were being investigated because of confidentiality rules. The FBI and United States Justice Department under President George W. Bush leadership did not charge anyone with perjury in my case.

In 2008 I contact then Attorney General Andrew Cuomo after reading that he had increased the size of New York State Attorney General's Civil Rights Bureau.  I was hopefully that he would take the necessary action to make me whole from NYS Attorney General filing perjured declarations in court.

Governor Cuomo and New York State Departments of Correction and/or New York State Department of Civil Services can make me whole by reversing the unjust denial of my disability retirement application. Cuomo can use an executive order or support a bill that will give me entitled disability benefits from the date of my original application.

Other options for Cuomo and/or New York State Defendants named in my lawsuit to make me whole includes paying me back salary for the retaliatory failure of Albion CF staff to interview and/or reinstate me to the July 19, 1996, position of Supervisor of Inmate Grievance Program at Albion CF, and/or paying me the $3,000,000 that I demanded in my Title VII Civil Right Act of 1964 lawsuit.

NOTE: In 1998 I submitted a settlement offer to the Defendants.  I offered to settle my lawsuit for $50,000 and the rewarding of my disability retirement.

Vera Richardson Read 67 pages of my book Screwed by Former Governor and Attorney General Eliot Spitzer to read 2 of 7 perjured declarations filed by Spitzer