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Is the Town’s Plan to Exhaust Residents Seeking Justice?

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New Baltimore Resident’s Message to Joe Stanzione, Greene County District Attorney:
“We, the public, pay the bills but we’re not getting delivery. As an attorney, you should recognize that this is unlawful.”

Taxpayers and Property Owners are not Means to Their End!
Tax Dollars Pay Public Employees’ and Elected Officials’ Salaries, and Provide Money for Reasonably Expectable Competent Services.
Not to damage our property and then ignore us!!!

New Baltimore insurers Marshall & Sterling (Leeds, NY), Trident Brokerage, and Argo Group (Bermuda) are being paid to work against New Baltimore Residents and Property Owners with good faith claims for damages. The Albany law firm of Bailey, Johnson, DeLeonardis & Peck P.C. have been hired by New Baltimore’s insurers and New Baltimore to make sure New Baltimore residents, property owners and tax payers don’t get justice and fair play! Isn’t there something wrong with this picture? Don’t WE pay the bills in this town? If we as private citizens damage town property our sorry asses are in jail! Maybe that’s where our Town Board, our Town Sole Assessor, Gordon Bennett, and definitely our Town Superintendent of Highways, Denis Jordan, should be!

This is what our government has become!

When a government uses a taxpayer’s own dollars to screw the taxpayer, that’s downright immoral. The Town of New Baltimore pays for insurance to cover liabilities but when a liability occurs, the insurance coverage we pay for is used against us, and the town hides behind the insurance company’s lawyers. You want rights? Find another lawyer, pay him, spend years paying him or her, and when the money runs out, forget about it. You’re still paying. Why doesn’t the Town of New Baltimore wake up, accept the evidence, and stop playing games with residents. That’s not how it’s supposed to work guys and gals!

Here’s the text of a local resident’s letter to the insurance companies covering the Town of New Baltimore’s liability risk. It seems that New Baltimore’s Town Board (Jeff Ruso, Shelli van Etten, Chuck Brody, Scott Brody), Supervisor Nick Dellisanti,  and other elected officials are really missing the bus when it comes to doing what’s right for residents and taxpayers. The problem is that we elected these people who are spending so much time screwing us than they are making life better for us. No exceptions! From the SupervisorDellisanti, Deputy Supervisor Ruso,  to the town board members (Shelli van Etten, Chuck Irving, Scott Brody), to the Highway Superintendent Denis Jordan, to Gordon Bennett, New Baltimore Tax Assessor, who, rather than look at a piece of damaged property for reassessment, tells the property owner to ask for a form!!!

Here’s the full text of the letter to the Town’s insurance company:

Dear Insurance Specialists:[1]

Mr Thomas Rickert, CPCU, ARM, ARM-P, ARM-E, ARC, ARe, VP, Head of Marketing, Trident, ArgoGroup[2]
Joshua Bouchez , Territory Marketing Manager, East Coast[3]
Claims Reporting, Trident[4]
Ashley Heline, Communications Coordinator, ArgoGroup[5]
ArgoGroup Underwriters[6]

It has always been my understanding, and I would reasonably presume that of the general public, that insurance was a science of risk management, control, mitigation but our understanding has changed radically over the past two years on the example of ArgoGroup’s, Trident’s and Marshall & Sterling’s “risk management” in the Town of New Baltimore.

It seems your operations are more attuned to “risk aggravation” or “risk perpetuation” than to “risk management,” and this fact is borne out by a brief review of some of the reports published on a local watchdog blog, Smalbany Blog, which has been covering the incompetence and the abuses operating in the Town of New Baltimore, most specifically in the New Baltimore Highway Department under the direct supervision and authority of its Superintendent, Mr Denis Jordan. For your convenience, several of those links are provided at the end of this communication. You are encouraged, in your own interests, to review the contents of those articles.

Our Town Government at Work for Us.

In terms of fair play, justice and fiduciary obligations, ArgoGroup, Trident, the agency Marshall & Sterling (Leeds, NY) in collusion with the law firm of Bailey, Johnson, DeLeonardis & Peck P.C.(Crystall R. Peck, attorney of record in this matter) and the Town of New Baltimore, you all get failing grades in terms of ethics and fair play. Furthermore, on objective and subjective moral assessment, your conduct is immoral.

It is very much in your interests to review the links provided below which provide a very clear picture of the real risk situation in New Baltimore and how the rights and interests of taxpayers, residents and others, including your shareholders, are being misused and abused.

The facts are indisputable, the evidence clear and convincing, the wrongful acts ongoing, and the damage to the public and to private interests substantial. This is bad press for you and your collaborators indeed.

Poor stewardship of public treasure, abuse of office, and indifference and incompetence at the state level (Mr George Amadore, NYS Senator, 46th Senatorial District), the county level (Greene County, NY; Greene County District Attorney, Mr Joseph Stanzione), and at the local, town level (Town of New Baltimore Town Board; Town of New Baltimore Highway Department, Highway Superintendant Denis Jordan; Town Attorney Mr Tal Rappelea) with the self-interests of Trident/ArgoGroup’s legal prostitutes Bailey, Johnson, DeLeonardis, & Peck P.C., are jointly, severally and individually traumatizing every concept of justice, fair play, professional ethics, good government, and abusing the fiduciary obligations and duties of local, county, and state elected officials, whose obligations are to the public weal, and to the individual uniquely concerned.

It is our well-founded observation that none of the parties listed in the above paragraph are complying with the basic tenets of ethics and the standards we, the public, expect of regulated enterprise, licensed professionals, elected officials; in fact, it is our observation, not our opinion, that Marshall & SterlingTridentArgoGroup, state senator George AmadoreGreene County officialsTown of New Baltimore officials, and the law firm of Bailey, Johnson, DeLeonardis, & Peck P.C.are making a public mockery of public and professional ethics, good government, responsible stewardship in government, and the notions of justice, fair play and fiduciary obligation to the citizen, resident, and most of all to the taxpayers of these communities.

As it now stands, the taxpayer and property owner is exposed to tenfold jeopardy[7]:

  • Jeopardy situation No. 1: As a property owner, one is obliged to pay substantial taxes on one’s property to support government and education; accordingly, the property owner, by and through their taxes and assessments, pays for the services of government. Forsaking all else in order to ensure timely payment of assessed property taxes, the property owner remits.
  • Jeopardy situation No. 2: When the services of government, including the wages and salaries, the goods and services required for operation, etc. operate contrary to the interests of the taxpayer, the taxpayer is harmed. The taxpayer/property owner is deprived of his reasonable expectations issuing from the payment of assessed property taxes.
  • Jeopardy situation No. 3: Included in the allocations of taxpayer dollars, that is, the taxes paid by the property owner, are set aside for the purposes of payment of the salaries and wages of individuals who are either indifferent or incompetent, and those individuals in the course of their employment, harm the taxpayer, those tax dollars are used ostensibly to harm the taxpayer. This is an egregious abuse of the notion of trust and fair play.
  • Jeopardy situation No. 3: When the competent government offices are served with notice of the above situation, and those authorities do not exercise and implement every available option to cure the defects and deficiencies, those authorities are derelict and guilty of misprision.
  • Jeopardy situation No. 4: When the harm done to the taxpayer/property owner is ongoing and attributable to the constructive operations and knowledge of the local competent government offices, each of the instances constitutes a new claim and a new harm to the taxpayer/property owner. Given the fact that the local government and the competent offices are duly notified, each instance constitutes a separate act of negligence/dereliction.
  • Jeopardy situation No. 5: The taxpayer/property owner not only is being deprived of reasonably expected level of competent services for his tax dollars, he is being deprived of good ethical government services, both of which result in financial damage to the taxpayer/property owner in terms of his good faith investment in his community and his reasonable expectations of financial advantage resulting from his investment. This deprivation is tortious.
  • Jeopardy situation No. 6: When the beneficiary local government by its negligence, indifference or incompetence then ignores the taxpayer/property owner’s good faith notice and demands for cure of the defects and deficiencies, and for compensation of the harm done, the local government ignores the claimant and, instead of fair response, hands the matter over to an underwriter, who then hands it over to a hired-gun law firm.
  • Jeopardy situation No. 7: Given the situations above and given the fact of Jeopardy situation No. 7, the taxpayer/property owner is confronted by a situation comparable to Buridan’s ass[8]: The choices available to the taxpayer/property owner to obtain justice are: (1) rely on the good will of local government, (2) proceed at law. A third option is merely to throw one’s hand’s into the air in despair, and lapse into anger and apathy. Conspicuously, option (1) is absent and unavailable to the taxpayer/property owner, and option (3) is unacceptable by any standard of assessment. This leaves Jeopardy situation No. 8.
  • Jeopardy situation No. 8: The taxpayer/property owner, while still obliged to pay his property taxes and other assessments to the delinquent and derelict town government and town officials, is compelled to seek out and to pay for legal services necessary for obtaining justice. This may be a calculated strategy deployed by the delinquent and derelict town government in collusion with their insurance underwriters and their attorneys, clearly expecting that the matter will have to endure a protracted course in pretrial procedures and, if the victim is persistent, then to endure the trial procedure. This normally lasts for a decade or more and can cost the harmed property owner hundreds of thousands of dollars. Regardless of the endurance of the harmed property owner in terms of financial resources and tenacity, he is still in jeopardy situation No. 9.
  • Jeopardy situation No. 9: The clear strategy of the town is to hand over the matter to the underwriter, who has almost limitless resources, who hands it over to a local law firm, who is on retainer by the insurance company. The combination of very deep pockets and a law firm on retainer and obliged to represent the interests of the insurance company over and against the interests of the property owner, regardless of the factual situation, encourages the insurance company and the law firm to keep the matter in the courts for as long as possible, ostensibly in the expectation of exhausting the property owners will, energy, and resources, causing him to withdraw.
  • Jeopardy situation No. 10: The interests of justice and the public weal are defeated, as are the interests of the property owner. The entire community and society at large are damaged, injured.

Damned if I do. Damned if I don’t.
Why are they doing this to us?

As the situation enumerated above clearly shows, the current situation is immoral and represents an insult to the precepts of ethics in government and the professions. We are demanding investigation and prosecution of the particular matter and the general situation in New Baltimore.

I reasonably expect that as this situation develops there will be commensurate and appropriate public outrage, a justified outrage that will manifest itself in a multitude of ways.

This communication will be submitted to the Smalbany Blog for editing and publication.

I look forward to your response and comments.

First of all, given the performance of these elected officials, they don’t deserve to be in office and should be booted out next election. Secondly, these crooked insurance agents and brokers should be boycotted and investigated by the regulatory authorities. As for the shysters, the prostitute law firms like  Bailey, Johnson, DeLeonardis, & Peck P.C, they should be drummed out of the profession; they’re whores practicing law and abusing it.

Well, we’ve done our homework and have researched the law and other applicable court decisions as well as opinions on the subject matter handed down by the Office of the New York State Comptroller. Apparently, New Baltimore Town Attorney, Tal Rappelea, although he claims to specialize in municipal (town) law, hasn’t done his required reading for this course. We’ll be happy to provide him with our Memorandum of Law at the next New Baltimore Town Board public meeting. We’d like him, Mr Denis Jordan (New Baltimore Superintendent of Highways), Mr Scott van Wormer (the “new” — or he will be — New Baltimore Superintendent of Highways), Mr Joe Stanzione (Greene County District Attorney), Ms Crystall Peck (Bailey, Johnson, DeLeonardis & Peck P.C.), and the Greene County Press (Johnson Newspaper Group, Mary Delaney), and Ken Gray or Jean Valk (Marshall & Sterling Insurance) to be there to hear what we have to say, and maybe to comment, too. Maybe Greene County Sheriff Gregory Seally (R), “Mr Cold Case” Seally, will bring a couple of deputies and cuffs for the Town Board and Mr Jordan. We”ll also publish the Memorandum before the meeting so that the whole community can see what can and should be done to correct the disgusting situation in New Baltimore, and other towns like it.

Speaking of lawyers, here’s a bit of humor to take the edge off:

Question: Why does New York have all the lawyers and New Jersey all the toxic waste?
Answer: New Jersey had first choice.

Sign on New Baltimore Town Hall front door.

Enjoy your day!

The Editor

If you enjoyed this article, please copy and paste this link https://wp.me/p2jPFe-31V and email it to your friends, family, and contacts. Keep everyone informed.


Notes

[1] This communication was also cc’ed to Nick Dellisanti, Supervisor, Town of New Baltimore; Jeff Ruso, Deputy Supervisor, Town of New Baltimrore; Barbara Finke, Town Clerk, Town of New Baltimore; Mr. Joseph Stanzione, District Attorney, Greene County; Tal Rappelea, Town Attorney, Town of New Baltimore; Crystall R. Peck, attorney representing Trident/ArgoGroup (Town of New Baltimore); Ken Gray, Marshall & Sterling (Leeds, NY);  Jean Valk, Marshall & Sterling (Leeds, NY).

[2] Thom Rickert, CPCU, ARM, ARM-P, ARM-E, ARC, ARe VP, Head of Marketing, thom.rickert@tridentpublicrisk.com

[3] Joshua Bouchez, Territory Marketing Manager, East Coast, joshua.bouchez@tridentpublicrisk.com

[4] Trident Claims Reporting, claimsreporting@tridentpublicrisk.com

[5] Ashley Heline, Communications Coordinator, Argo Group US, ashley.heline@argogroupus.com

[6] The Argo Group is the parent of the Trident Insurance brokerage, and is located in Bermuda. Wonder Why? that is? Could it be for tax avoidance? (Argo Group, 110 Pitts Bay Road, Pembroke HM 08, Bermuda. info@argolimited.com

[7] Jeopardy is defined as being or being placed in a situation in which someone or something is exposed to possible injury, loss, or evil.

[8] Buridan’s ass is an illustration of a paradox in philosophy in the conception of free will. It refers to a hypothetical situation wherein a donkey that is equally hungry and thirsty is placed precisely midway between a stack of hay and a pail of water. As used here, it represents a situation where the choices are equally good or equally bad; damned if you do and damned if you don’t. The donkey in the illustration is hungry but dies because it can make the choice of which bale to eat. The illustration relates to the situation in New Baltimore in that the options for the property owner are all going to cause more harm or more suffering no matter which choice he makes. The only good choice is for the Town of New Baltimore to choose to do what is fair and right. But they have chosen not to do so. Thus, the property owner is in the unfavorable situation he finds himself in.

 



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