Case: Albro v. County of Onondaga

COMPLAINT filed; In Forma Pauperis filed and approved (bac) Modified on 09/22/1991 (Entered: 09/22/1991)

ORDER, GRANTING this action be certified a Class Action ( signed by Senior Judge Howard G. Munson ) (fce) (Entered: 09/27/1991)

MEMORANDUM OPINION AND ORDER Directing that hearing to be set for 2/14/86 at 11am to present specific proposals for reducing the inmate population etc. and DENYING Deft Cuomo and Commissioner Coughlin to vacate this Courts prior order permitting joinder. ( signed by Senior Judge Howard G. Munson ) (fce) (Entered: 09/27/1991)

ORDER, to Amend [15-1] order ( signed by Senior Judge Howard G. Munson ) (fce) (Entered: 09/27/1991)

AMENDED COMPLAINT by Ronald Albro, Michael Carpenter, Neil Epstein, Harold Warner against Mario Cuomo, Thomas A. Coughlin, amends [1-1] complaint (fce) (Entered: 09/27/1991)

ANSWER by Mario Cuomo, Thomas A. Coughlin to amended complaint (fce) (Entered: 09/27/1991)

ANSWER to complaint and CROSSCLAIM by County of Onondaga, Sheriff of Onondaga (Attorney Diane Tucker, Lawrence R. Williams) against Mario Cuomo, Thomas A. Coughlin (fce) (Entered: 09/27/1991)

ANSWER by Mario Cuomo, Thomas A. Coughlin to [25-2] cross claim (fce) (Entered: 09/27/1991)

ORDER REFERRING CASE to Donald Stoughton as special master ( signed by Senior Judge Howard G. Munson ) (fce) (Entered: 09/27/1991)

MOTION by Ronald Albro, Michael Carpenter, Neil Epstein, Harold Warner to Show Cause why said Defts should not be sanctioned for Civil contempt of this Court for failure and refusal to obey the Order of this Court dtd 6/26/87 , Hearing set for 10/13/87 at 10:00 (fce) (Entered: 09/27/1991)

MEMORANDUM by Ronald Albro, Michael Carpenter, Neil Epstein, Harold Warner in support of [37-1] motion to Show Cause why said Defts should not be sanctioned for Civil contempt of this Court for failure and refusal to obey the Order of this Court dtd 6/26/87 (fce) (Entered: 09/27/1991)

Motion hearing re: [37-1] motion to Show Cause why said Defts should not be sanctioned for Civil contempt of this Court for failure and refusal to obey the Order of this Court dtd 6/26/87 - Withdrawn by Pltfs. Judge Munson ADJOURNES ORDER TO SHOW CAUSE W/O DATE subject to renewal if County defts fail to comply w/this Ct's previous Order. Appearances: Kirk Hazen & Jane Buysse for Pltfs; Larry Zimmerman for State defts; Martin Murphy for County defts. (fce) (Entered: 09/27/1991)

ORDER, GRANTING Pltf's motion for Permanent Injunction ( signed by Senior Judge Howard G. Munson ) (fce) (Entered: 09/27/1991)

ORDER, to Amend [42-1] order GRANTING Pltf's motion for Permanent Injunction, [42-2] relief ( signed by Senior Judge Howard G. Munson ) (fce) (Entered: 09/27/1991)

ORDER in Re: of Conditions for the County's short term utilization of the gymnasium et al. ( signed by Senior Judge Howard G. Munson ) (fce) (Entered: 09/27/1991)

ORDER increasing inmate population in the gymnasium from 15 to 24 and extending deadlines regarding submission of a long term plan from 8/1/88 & 11/1/88 to 12/30/88 & 5/1/89 respectively. ( signed by Senior Judge Howard G. Munson ) (fce) (Entered: 09/27/1991)

ORDER increasing the allowable daily inmate population in the gymnasium from 24 to 30 as of 8/12/88 and the orders of this Court dtd 8/15/88 & 5/10/88 are amended NUNC PRO TUNC. ( signed by Senior Judge Howard G. Munson ) (fce) (Entered: 09/27/1991)

MOTION by Ronald Albro, Michael Carpenter, Neil Epstein, Harold Warner for Order Finalizing Schedule for Completion of New Jail Facility , Memo. of Law & aff. of Greg D. Curtis and Proposed Order. Hearing set for 4/4/90 (fce) Modified on 09/27/1991 (Entered: 09/27/1991)

CROSS MOTION and Proposed Order by County of Onondaga, Sheriff of Onondaga, Mario Cuomo, Thomas A. Coughlin to Dismiss Pltf's motion , for Summary Judgment , and to Dismiss the Action ; Hearing set for 4/24/90 at 10:00 , Aff's of Larry R. Williams, Ed Kochian and Charles N. Pirro. (fce) (Entered: 09/27/1991)

MEMORANDUM by County of Onondaga, Sheriff of Onondaga, Mario Cuomo, Thomas A. Coughlin in support of [56-1] cross motion to Dismiss [55-1] motion, [56-2] cross motion to Dismiss the Action (fce) (Entered: 09/27/1991)

MEMORANDUM and Proposed Order by County of Onondaga, Sheriff of Onondaga, Mario Cuomo, Thomas A. Coughlin in opposition to [55-1] motion for Order Finalizing Schedule for Completion of New Jail Facility (fce) (Entered: 09/27/1991)

MEMORANDUM and Proposed Order by Ronald Albro, Michael Carpenter, Neil Epstein, Harold Warner in opposition to [56-2] cross motion for Summary Judgment (fce) (Entered: 09/27/1991)

Motion hearing re: [55-1] motion for Order Finalizing Schedule for Completion of New Jail Facility - DECISION RESERVED; 2) [56-2] cross motion for Summary Judgment - DECISION RESERVED. (Judge Munson in open Ct directs Special Master Don Stoughton to report to the Ct every 3 months on the status of the Co's compliance w/the schedule now in effect) Appearances: Arlene S. Kanter & Gregg Curtis for pltfs; Pat Vincent for State defts; Larry Williams & Luis Mendez for Co. defts. (fce) (Entered: 09/27/1991)

AFFIDAVIT of Curtiss J. Pulitzer in Opposition to [55-1] motion for Order Finalizing Schedule for Completion of New Jail Facility; and in Support of [56-1] cross motion to Dismiss Pltf's motion, [56-2] cross motion for Summary Judgment, [56-3] cross motion to Dismiss the Action (fce) (Entered: 09/27/1991)

ORDER, for Attorney Fees, for Pltf's counsel, to be paid by Onon. County to the sum of $33,053.87 as interm fees through 3/15/90 . ( signed by Senior Judge Howard G. Munson ) (fce) (Entered: 09/27/1991)

ORDER that $500,000.00 of the current bal. of $2,150,000.00 in fines are due immediately. Schedule for remaining fines= 1) $500,000.00 when SEQRA review is completed & accepted; 2) $500,000.00 when Co. passes final appropriation; 3) $500,000.00 when work site contract for development is awarded providing w/in 120 days; 4) Bal. of fines when this court relinquishes its oversight jurisdiction. ( signed by Senior Judge Howard G. Munson ) (fce) (Entered: 09/27/1991)

CERTIFIED COPY OF RESOLUTION NO. 372 APPROPRIATING $48,600,000.00 FOR CONSTRUCTION OF NEW CO. JAIL. (fce) (Entered: 12/20/1991)

MOTION by County of Onondaga, Sheriff of Onondaga by On. Co. defts for modification of Ct's Orders re. enjoining NYS and NYS Div. of Parole from requiring On. Co. Jail to house putative parole violators , by On. Co. defts for modification of Ct's Orders to increase housing capacity in the PSB Gymnasium , Hearing set for 11:00 7/1/92 , Response Deadline 6/17/92 , Reply to Response Deadline 6/24/92. Attached are aff. of Lawrence R. Williams, Esq. and exhibits. (fce) (Entered: 05/14/1992)

MEMORANDUM and Proposed Order by County of Onondaga, Sheriff of Onondaga in support of [66-1] motion by On. Co. defts for modification of Ct's Orders re. enjoining NYS and NYS Div. of Parole requiring On. Co. Jail to house putative parole violators, [66-2] motion by On. Co. defts for modification of Ct's Orders to increase housing capacity in the PSB Gymnasium (fce) (Entered: 05/14/1992)

AFFIDAVIT of Laurence J. Albanese in Support Re: [66-1] motion by On. Co. defts for modification of Ct's Orders re. enjoining NYS and NYS Div. of Parole from requiring On. Co. Jail to house putative parole violators, [66-2] motion by On. Co. defts for modification of Ct's Orders to increase housing capacity in the PSB Gymnasium (fce) (Entered: 05/14/1992)

CERTIFICATE OF SERVICE of motion papers by County of Onondaga, Sheriff of Onondaga (fce) (Entered: 05/20/1992)

ORDER, Response to Motion reset to 7/1/92 for [66-1] motion by On. Co. defts for modification of Ct's Orders re. enjoining NYS and NYS Div. of Parole from requiring On. Co. Jail to house putative parole violators, reset to 7/1/92 for [66-2] motion by On. Co. defts for modification of Ct's Orders to increase housing capacity in the PSB Gymnasium , rrmddl. Reply to Response to Motion reset to 7/8/92 for [66-1] motion by On. Co. defts for modification of Ct's Orders re. enjoining NYS and NYS Div. of Parole from requiring On. Co. Jail to house putative parole violators, reset to 7/8/92 for [66-2] motion by On. Co. defts for modification of Ct's Orders to increase housing capacity in the PSB Gymnasium ( signed by Senior Judge Howard G. Munson ) (fce) (Entered: 06/10/1992)

NOTICE of Arlene S. Kanter, Esq. dtd 6/9/92 that motions of On. County for 7/1/92 are going to be on submit w/no oral argument. (fce) (Entered: 06/10/1992)

MEMORANDUM and Proposed Order by Pltfs (Ronald Albro, Michael Carpenter, Neil Epstein, Harold Warner) in opposition to County's request to have fines assessed against the State and an increase in the capacity of the gymnasium. Pltfs take no position w/respect to removal of the state parol violators for the change in classification of inmates housed in the gymnasium. Exhibits and cert. of service are attached. (fce) (Entered: 06/29/1992)

AFFIDAVIT of Elise Mayers Re: [71-1] opposition memorandum (fce) (Entered: 06/29/1992)

AFFIDAVIT of Arlene S. Kanter, Esq. in further support Re: [71-1] opposition memorandum (fce) (Entered: 06/30/1992)

MEMORANDUM and Proposed Order by Mario Cuomo, Thomas A. Coughlin in opposition to [66-1] motion by On. Co. defts for modification of Ct's Orders re. enjoining NYS and NYS Div. of Parole from requiring On. Co. Jail to house putative parole violators, [66-2] motion by On. Co. defts for modification of Ct's Orders to increase housing capacity in the PSB Gymnasium (fce) (Entered: 07/01/1992)

REPLY by County of Onondaga, Sheriff of Onondaga to response to [66- 1] motion by On. Co. defts for modification of Ct's Orders re. enjoining NYS and NYS Div. of Parole from requiring On. Co. Jail to house putative parole violators. Exhibits are attached. (fce) (Entered: 07/09/1992)

Minute entry: Conference in Chambers 7/7/94. Judge Munson meetss with Special Master Donald Stoughton and reviews status of PSB conditions and procedures to relieve overcrowding. Further Conference in Chambers. Court and Special Master meet with pltfs' counsel and Onondaga County representatives and continue on-going review of PSB conditions, procedures and future actions, County parties are directed to report to Special Master(copies to pltf) with status reports every two weeks and schedules next meeting with Court, Special Master and parties for October 13, 1994 at 2:00pm in USDC / Syracuse, NY. Appearances: Elsa Lopez, Carolyn Edwards, Corey Marks and Elizabeth Goldenberg for pltfs, Edward Kochian, Deputy Co. Exec., Lawrence Williams, Deputy Co. Atty., Patricia Tappon, Commissioner of Corrections, John Dillion, Onon. Co. Sheriff, Charles Pirro, Chief Deputy, OCSD, Anthony Callista, Deputy OCSD, Don Stoughton Special Master. (ptm) (Entered: 10/27/1994)

Minute entry: Conference in Chambers 10/13/94. Judge Munson meets with Special Master Donald Stoughton and reviews status of PSB conditions and procedures to relieve overcrowding. Conference in Chambers. Court and Special Master meet with pltfs' counsel and Onondaga County representatives and continue on-going review of PSB conditions, procedures and future actions. Judge Munson directs parties to continue with Status reports as previously ordered and to contact special master at appropriate time for further proceedings in Court. Appearances: Jeremy Markman, Linda Oh, Janine Hoft, and Susan Sakio for pltfs, Edward Kochian, Lawrence Williams, Charles Pirro, Anthony Callista for Onondaga County. (ptm) (Entered: 12/30/1994)

Minute entry: Conference in Chambers. Court, counsel, special master meet and review status of PSB construction and overcrowding issues with County and state personnel. Judge Munson directs parties to continue on-going preparations as to PSB Construction and directs parties to further appear for Conference and review of pltf's motion for enforcement on 2/10/95. App: Kevin Walsh, Onondaga County Sheriff, Janine Hoft and Jeremy Markman for pltfs, Edward Kochian, Jon Gerber, Lawerence Williams for deft Onondaga county; Special Master Don Stoughton. (ptm) (Entered: 02/07/1995)

MOTION by Ronald Albro, Michael Carpenter, Neil Epstein, Harold Warner Enforcement and Modification of the Court's prior orders so as to effectuate the fines imposed on defendants. with attached Affidavits of Janine Hoft, Esq., Supervising Atty, Affidavits of Marsha Weissman, Father Bll Cuddy, Susan Sakio, and Linda Oh with memorandum of law in support., Hearing set for 3:30 2/10/95 in USDC Syracuse, NY. Motion returnable before Senior Judge Munson. (ptm) (Entered: 02/07/1995)

Minute entry: Conference in Chambers: Judge Munson meets with Special Master Donald Stoughton and reviews status of PSB conditions and procedures to relieve overcrowding. Conference in Chambers with plts' counsel and Onondaga County representives and continue on-oging review of PSB conditions, procedures and pending motions to enforce sanctions by pltfs. Judge Munson directs defts to reply to pltfs with responsive papers within two weeks and sets return date for March 10, 1995 at 10:00am in USDC Syracuse, NY. Appearances: Susan Sakio, Linda Oh, Jeremy Markman and Elizabeth Goldenberg for pltfs. Edward Kochian, Lawrence Williams for Onondaga Co. Exc., Patricia Tappon, Commissioner of Corections, Kevin Walsh, Richard Carbery for Onon. Co. Sherrif, Robert Czaplicki, Onon. Co. Probation, Vicky Baker, Onon Co. Leg. David Roberts, AAG, for NYS DOP, Donald Stoughton, Special Master. (ptm) (Entered: 03/06/1995)

Deadline updated; Motion Hearing reset for 10:00 a.m. on 3/10/95, at Syracuse, NY re: [78-1] motion Enforcement and Modification of the Court's prior orders so as to effectuate the fines imposed on defendants. , Response to Motion reset to 1/27/95 for [78-1] motion Enforcement and Modification of the Court's prior orders so as to effectuate the fines imposed on defendants. (fce) (Entered: 02/15/1995)

AFFIRMATION OF ANN HOROWITZ, Counsel to New York State Division of Parole, responding to factual issues raised by the County at Conference in Chambers on 2/10/95, and Re: [78-1] motion Enforcement and Modification of the Court's prior orders so as to effectuate the fines imposed on defendants. (ptm) (Entered: 03/06/1995)

Minute entry: Motion Hearing. Judge Munson reserves decision as to [78-1] motion Enforcement and Modification of the Court's prior orders so as to effectuate the fines imposed on defendants. and takes motions under advisement. Appearances: Linda Oh and Janine Hoft for pltfs, Lawrence Williams for Onondaga County defts, David Roberts, AAG for NYS DOP. Court Reporter/ECRO: Kenneth Crewell (ptm) (Entered: 03/10/1995)

Minute entry: Conference in Chambers: Court, Special Master and counsel meet and review report of Special Master and proposed Order dismissing action. Counsel for all parties state positions relative to the proposed settlement order and resolution of all aspects of pending civil action. Judge Munson upon the concurrence of all parties orders a final draft of proposed order settling all issues remaining in dispute and closing pending civil action. Appearances: Donald Stoughton, Special Master, Janine Hoft, Kerri l. Cox and Jonathan Jenkins for pltfs, Larry Williams for defts, Edward Kochian and Diane Tucker for Onondaga Co. (ptm) (Entered: 02/28/1997)

ORDER, fines accrued against Defts. are remitted upon Defts' implementation of the programs set forth in the annexed "Schedule A" , prior Orders and Judgments in this matter are decreed to be satisfied , the appointment of the Special Master is terminated effective upon the filing of this Order , no further notice to the class members is necessary , this matter is Dismissed. ( signed on 3/3/97 by Senior Judge Howard G. Munson ) (fce) (Entered: 03/03/1997)

JUDGMENT for Harold Warner, Neil Epstein, Michael Ronald Albro against Thomas A. Coughlin, Mario Cuomo, Sheriff of Onondaga, County of Onondaga. IT SI ORDERED that this action is DISMISSED. The Court retains complete jurisdiction to vacate this Order and to reopen the action upon cause shown that settlement has not been completed and further litigation is necessary. IT IS FURTHER ORDERED that the Clerk shall forthwith serve copies of this Judgment by US Mail upon the attys. for the parties appearing in this action. (fce) (Entered: 03/11/1997)

Copy of Order frowarded to Atty. Kirk s. Hazen has been returned as undeliverable by the Post Office. (fce) (Entered: 03/11/1997)

Case closed (fce) (Entered: 03/11/1997)

Letter MOTION by Janine L Hoft for Harold Warner, Neil Epstein, Michael Carpenter, Ronald Albro to Extend Time (30 days within which to submit additional documentation for legal fees, before Judge Munson. (fce) (Entered: 03/14/1997)

MOTION by Harold Warner, Neil Epstein, Michael Carpenter, Ronald Albro for Attorney Fees, before Judge Munson . Hearing set for 10:00 a.m. on 4/11/97. Response Deadline 3/28/97. Motion returnable before Judge : Munson (fce) (Entered: 03/14/1997)

AFFIDAVIT W/Exhibits A-D by Janine L. Hoft, Esq. in Support Re: [88-1] motion for Attorney Fees, before Judge Munson (fce) (Entered: 03/14/1997)

MEMORANDUM W/Attachments by Jonathan Jenkins and Janine L. Hoft, Esq. for Harold Warner, Neil Epstein, Michael Carpenter, Ronald Albro in support of [88-1] motion for Attorney Fees, before Judge Munson (fce) (Entered: 03/14/1997)

AFFIDAVIT OF SERVICE Re: [90-1] support memorandum, [89-1] affidavit, [88-1] motion for Attorney Fees, before Judge Munson, [87-1] motion to Extend Time (30 days within which to submit additional documentation for legal fees, before Judge Munson. (fce) (Entered: 03/14/1997)

ORDER granting [87-1] motion to Extend Time (30 days within which to submit additional documentation for legal fees, before Judge Munson. Plaintiffs must file any additional papers in support of their motion on or before April 28th, 1997. Response to Motion reset to 5/30/97 for [88-1] motion for Attorney Fees, before Judge Munson , Motion Hearing set for 10:00 6/13/97 re: [88-1] motion for Attorney Fees ( signed on 4/8/97 by Senior Judge Howard G. Munson ) (fce) (Entered: 04/09/1997)

NOTICE of APPEARANCE by Janine L. Hoft, Esq. for the Plaintiffs. (fce) (Entered: 04/15/1997)

ORDER, leave for Student Kerri L. Cox, a law student, to appear in Court or at other proceedings on my behalf, and to prepare documents on behalf of J. L. Hoft. ( signed on 4/16/97 by Senior Judge Howard G. Munson ) (fce) (Entered: 04/25/1997)

ORDER, Jonathan M. Jenkins is authorized to appear in Court or at other proceedings on my behallf, and to prepare documents on my behalf, J.L. Hoft. ( signed on 4/16/97 by Senior Judge Howard G. Munson ) (fce) (Entered: 04/25/1997)

SECOND AFFIDAVIT AND DOCUMENTS IN SUPPORT OF MOTION FOR ATTORNEYS' FEES by Janine L. Hoft, Esq. for the Plaintiffs Re: [88-1] motion for Attorney Fees, before Judge Munson (fce) (Entered: 04/22/1997)

Copy of 3/3/97 Order re-sent to all parties with attached Schedule "A". (ptm) (Entered: 04/29/1997)

Letter Request, dated 5/1/97, from Lawrence R. Williams, Deputy Co. Atty. requesting that the Court adhere to the 5/30/97 response date for Defendants. (fce) (Entered: 05/08/1997)

Scheduling Notice, dated 5/2/97, from chambers to counsels : In response to letter of Lawrence R. Williams, Esq., dated 5/1/97, Response to Motion remains reset to 5/30/97 for [88-1] motion for Attorney Fees Reply to Response to Motion is set to 6/6/97 for [88-1] motion for Attorney Fees . If a brief extension is needed for filing response papers, please contact the court by 5/30/97. (fce) (Entered: 05/08/1997)

RESPONSE by Lawrence R. Williams, Deputy Co. Atty. for Sheriff of Onondaga, County of Onondaga in opposition with attached Exhibits I- IV and Certificate of Service Re: [88-1] motion for Attorney Fees, before Judge Munson (fce) (Entered: 06/13/1997)

MEMORANDUM and Proposed Order by Sheriff of Onondaga, County of Onondaga in opposition to [88-1] motion for Attorney Fees, before Judge Munson (fce) (Entered: 06/23/1997)

REPLY in further Support with attached Exhibits A & B by Janine L. Hoft, Esq. for Harold Warner, Neil Epstein, Michael Carpenter, and Ronald Albro to response to [88-1] motion for Attorney Fees, before Judge Munson (fce) (Entered: 07/03/1997)

AFFIDAVIT OF SERVICE BY MAIL Re: [103-1] response reply (fce) (Entered: 07/03/1997)