Preview
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NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024
Exhibit A
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
LOUIS R. RINALDI and ANDREA K.
ZAMBRANO,
Plaintiffs,
– against – Index No. 63367/2023
KEVIN SYLVESTER, in his personal capacity and in PROPOSED AMENDED
his capacity as the former Chief of Police for the SUMMONS
Village of Ossining, EMILY HIRSHOWITZ, in her
personal capacity and in her capacity as a Police
Officer for the Village of Ossining, STUART
KAHAN, in his personal capacity and in his capacity
as Corporation Counsel for the Village of Ossining,
THE BOARD OF TRUSTEES FOR THE VILLAGE
OF OSSINING, and THE VILLAGE OF OSSINING,
Defendants.
TO THE ABOVE-NAMED DEFENDANTS:
YOU ARE HEREBY SUMMONED to answer the verified second amended complaint
in this action. If this summons was personally delivered to you in the State of New York, the
answer must be served within 20 days after such service of the summons, excluding the date of
service. If the summons was not personally delivered to you in the State of New York, the answer
must be served within 30 days after service of the summons is completed as provided by law. If
you do not appear or serve an answer to the verified second amended complaint within the
applicable time limit, a judgment may be entered against you, by default, for the relief demanded
in the verified second amended complaint, without further notice to you, together with the costs of
this action and prejudgment interest in an amount to be calculated by the Clerk of Court.
Plaintiffs designate Westchester County as the place of trial. Venue is proper in
Westchester County pursuant to CPLR 503(a) because it is the County in which Plaintiffs resided
when this action was commenced and the County in which a substantial part of the events or
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omissions giving rise to the claims occurred.
Dated: White Plains, New York
January 9, 2024
ABRAMS FENSTERMAN, LLP
By: ____________________________
Daniel S. Alter
Attorneys for Plaintiffs
81 Main Street, Suite 400
White Plains, New York 10601
(914) 607-7010
dalter@abramslaw.com
THE LAW OFFICE OF MICHAEL G.
SANTANGELO PLLC
Michael G. Santangelo, Esq.
Attorneys for Plaintiffs
75 South Broadway
White Plains, New York 10601
(914) 304-4242
mgsesq@msn.com
TO: Kevin Sylvester
Emily Hirshowitz
Stuart Kahan
Board of Trustees for the Village of Ossining
Village of Ossining
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
LOUIS R. RINALDI and ANDREA K.
ZAMBRANO,
Plaintiffs, Index No. 63367/2023
– against –
KEVIN SYLVESTER, in his personal capacity and in PROPOSED VERIFIED
his capacity as the former Chief of Police for the SECOND AMENDED
Village of Ossining, EMILY HIRSHOWITZ, in her COMPLAINT
personal capacity and in her capacity as a Police
Officer for the Village of Ossining, STUART JURY DEMANDED
KAHAN, in his personal capacity and in his capacity
as Corporation Counsel for the Village of Ossining,
the BOARD OF TRUSTEES FOR THE VILLAGE
OF OSSINING, and THE VILLAGE OF OSSINING,
Defendants.
PROPOSED VERIFIED SECOND AMENDED COMPLAINT SEEKING
COMPENSATORY AND PUNITIVE DAMAGES AND INJUNCTIVE RELIEF
FOR VIOLATIONS OF 42 U.S.C. § 1983, FRAUD, BREACH OF CONTRACT,
AND TORTIOUS INTERFERENCE WITH PROSPECTIVE BUSINESS RELATIONS
Plaintiffs Louis R. Rinaldi (“Rinaldi”) and Andrea K. Zambrano (“Zambrano”)
(collectively, “Plaintiffs”), by and through their undersigned counsel, Abrams Fensterman, LLP
and the Law Offices of Michael G. Santangelo, PLLC, respectfully allege as follows:
NATURE OF THE ACTION
1. In January 2016, defendant Kevin Sylvester (“Sylvester”) was appointed the
youngest chief of police ever to serve the Village of Ossining Police Department (“VOPD”).
Indeed, Sylvester was the youngest police chief ever appointed in all of Westchester County. His
family has lived and worked in the defendant Village of Ossining (“Village”) for generations. And
during his nearly eight-year tenure as police chief, Sylvester was widely known throughout the
community, projecting himself on local media as a fair, good-natured, and responsible public
servant who was deeply committed to the Village and its residents.
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2. During his time as VOPD chief, he was also very popular with many local elected
officials, including the Village’s mayor and defendant the Villages’ Board of Trustees
(“Trustees”). They regularly touted his service as exemplary and uniformly supported his actions
in running the police department. Sylvester repeatedly told VOPD personnel that he was in
complete control of the department and that the Trustees followed his directions.
3. On December 6, 2023, Sylvester abruptly announced his “separation” from the
VOPD and his “confidential separation agreement” was unanimously approved by the Trustees.
That generous agreement—which is far from ordinary for someone whose job contract is about to
lapse of its own accord—provides troubling insight into the parties’ relationship. A true and
correct copy of Sylvester’s confidential separation agreement, dated December 6, 2023, is annexed
as Exhibit A.
4. Sylvester’s confidential settlement agreement awarded him over $160,000.
Ordinarily, although a retiring village police chief might get a gold watch for years of valued
service, it is rather striking when one gets hundreds of thousands of dollars “as a way of amicably
resolving all matters related to [his] retirement.” That observation is especially true when the
agreement requires “Sylvester’s unconditional and irrevocable resignation,” and further demands
that he “reasonably cooperate in good faith with the Village . . . on pending and future litigation
relating to [discrimination claims against the Village] pertaining to Sylvester’s employment.”
5. On December 21, 2023, apparently caught up in wave of staged adulation,
Westchester County Legislator and former Village trustee Catherine Borgia declared it “Police
Chief Kevin Sylvester Day” and posted that message on the electronic billboard outside the
Westchester County Center. Sylvester thus seemed to have cemented his status as a local celebrity.
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6. But things are often not what they seem. Sylvester has a dark and vindictive side.
He repeatedly retaliated against VOPD officers for abusive, arbitrary, and discriminatory reasons,
coercing multiple police personnel to resign from their jobs. And once they resigned, Sylvester—
in blatant and willful violation of binding settlement contracts—maliciously prevented those
officers from securing employment at other police departments.
7. In truth, rather than serving humbly as a small-town hero, Sylvester reigned over
the VOPD as a petty tyrant. He spitefully violated the civil rights of multiple police officers with
impunity, acting all-the-while under color of state law and shielded (if not supported) by Village
officials.
8. Sylvester did not act alone in ruining peoples’ lives. He conscripted defendant
Emily Hirshowitz (“Hirshowitz”), a subordinate VOPD officer with whom he had a sexual
relationship, to press false criminal charges against Rinaldi and to spread similar, harassing rumors
about Zambrano. And for years, he unlawfully directed subordinate VOPD personnel to stalk
other officers around the clock—improperly and without legal justification—by using advanced
license plate tracking technology that is strictly reserved for legitimate police investigations, only.
9. Inexplicably, members of the Village government enabled Sylvester’s ongoing,
malicious, and unlawful conduct. Multiple VOPD officers and the Police Benevolent Association
(“PBA”) submitted grievances to the Village about Sylvester’s abusive and discriminatory
conduct. The Equal Employment Opportunity Commission (“EEOC”) even investigated Sylvester
and found good cause to conclude that he discriminated against a VOPD officer because she is a
Hispanic woman. Yet, Village officials refused to take corrective action.
10. Certainly, mayor Rika Levin (“Levin”), deputy mayor and trustee Omar Lopez
(“Lopez”), Village Manager Karen D’Attore (“D’Attore”), defendant Village corporation counsel
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Stuart Kahan (“Kahan”), and trustees Robert Fritsche, Dana White, and Manuel Quezada were all
aware of the numerous and serious complaints about Sylvester’s abusive behavior. But they did
nothing to protect VOPD personnel.
11. Instead, for example, when, the EEOC announced its finding that Sylvester had
likely discriminated against at least one officer based on race and gender, Kahan stated to the press
that the Village disagreed with the EEOC’s finding and will not cooperate the agency’s voluntary
mediation process. A true and correct copy of the EEOC’s determination, dated September 11,
2023, is annexed as Exhibit B.
12. The Village received the EEOC’s damning assessment almost three months before
Sylvester “separated” from the VOPD. But when Sylvester later stepped down, Levin nevertheless
applauded him for having “proven himself to be a leader and innovator, bringing 21st Century
Policing to Ossining, [and] strengthening the use of new technologies.”
13. Similarly, Lopez praised Sylvester, having been quoted as saying, “I’m grateful to
have had [Sylvester] as a chief. [His] level of accomplishments is indicative of how [he is] as a
person and how [he] served the community.” The tragic irony in that statement is self-evident.
14. Any characterization by Village officials of Sylvester as a role model for police
chiefs could not be further from the truth, and they knew it. Nevertheless, when Sylvester
repeatedly submitted fabricated disciplinary charges against VOPD officers to coerce their
resignations, Kahan and the Trustees repeatedly rubberstamped Sylvester’s proposed settlements
requiring those officers to quit the force. They never meaningfully reviewed either the charges or
the settlements, much less the plainly coercive tactics used by Sylvester against VOPD personnel.
15. Sylvester’s pernicious actions went unchecked for far too long. They destroyed
Plaintiffs’ law-enforcement careers, both of whom were dedicated and highly respected VOPD
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officers. In doing so, Sylvester impugned Plaintiffs’ mental health, forced them to undergo
psychiatric evaluations and residential drug treatment programs that were entirely and
demonstrably unnecessary, harassed them at home and on the job with disciplinary actions based
on bogus domestic assault accusations and job attendance infractions, suspended them from work
without pay and/or medical coverage, and even went so far as to press false criminal charges
against Rinaldi.
16. Those malicious charges were concocted by Sylvester and his paramour,
Hirshowitz. Hirschowitz is presently being criminally prosecuted by the Westchester County
District Attorney’s Office (“D.A.”) for her misconduct. A true and correct copy of the criminal
complaint filed against Hirshowitz, dated June 28, 2023, is annexed as Exhibit C.
17. As a part of his persecutory rampage against Plaintiffs, Sylvester also tricked them
into resigning their VOPD jobs by including confidentiality provisions in their Village settlement
agreements upon which Plaintiffs’ relied to get new police jobs. Sylvester never intended to
observe those provisions, however. And by breaching those agreements, Sylvester ensured that no
other police department in Westchester County would hire Plaintiffs.
18. In the mix of his unchecked aggression, Sylvester also implemented an unlawful
and punitive surveillance practice employed by the VOPD. Without any bona fide law enforcement
justification, Sylvester used advanced license plate recognition (“LPR”) technology to track
employees’ whereabouts at all times. In Zambrano’s case, he literally had her tracked for years—
even after she was suspended without pay from the VOPD.
19. Those actions were depraved, and by committing them, Sylvester (and others)
violated well-established constitutional due process safeguards that protect a person’s state
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employment. They also violate one of the Constitution’s most hallowed guarantees—the right to
be free of unreasonable searches and seizures.
20. Although Sylvester “separated” from the VOPD, the injuries that he inflicted on
good cops persist. This action seeks to hold Sylvester, his cohorts, and the Village to account for
their outrageous and illegal abuses of power.
JURISDICTION AND VENUE
21. This Court has subject matter jurisdiction over this action pursuant to CPLR 301
and venue is properly laid in this County pursuant to CPLR 503(a) because it is the County in
which: (i) Plaintiffs reside; and (ii) a substantial part of the events or omissions giving rise to their
claims occurred.
THE PARTIES
22. At all times relevant to this action, Rinaldi was and remains a resident of
Westchester County, New York. On August 3, 2015, Rinaldi was hired by the Village as an officer
of the VOPD.
23. At all times relevant to this action, Zambrano was and remains a resident of
Westchester County, New York. On August 1, 2016, Zambrano was hired by the Village as an
officer of the VOPD. Zambrano is a Hispanic woman.
24. At all times relevant to this action, Sylvester was the chief of police for the VOPD.
In that position, Sylvester was a final decision and policy maker in all matters involving the daily
operations of the VOPD, including the supervision of subordinate VOPD personnel, establishing
rules of professional police conduct within the VOPD, and investigating VOPD officers regarding
fitness for duty and alleged attendance violations. Sylvester is also a trained attorney and admitted
to practice law in New York State. All actions taken by Sylvester against Plaintiffs and others that
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form the basis of this action were taken under color of state law. Sylvester is sued in both his
personal and official capacities.
25. At all times relevant to this action, Hirshowitz was a police officer employed by
the VOPD. All actions taken by Hirshowitz against Plaintiffs and others that form the basis of this
action were taken under color of state law. Hirshowitz is sued in both her personal and official
capacities.
26. At all times relevant to this action, Kahan was the corporation counsel for the
Village. All actions taken by Kahan against Plaintiffs and others that form the basis for this action
were taken under color of state law. Kahan is sued both in his personal and official capacities.
27. At all times relevant to this action, the Trustees were the elected legislative body
for the Village, with the authority to appoint the Village police chief and to adjudicate VOPD
disciplinary charges. All actions taken by the Trustees against Plaintiffs and others that form the
basis for this action were taken under color of state law.
28. At all times relevant to this action, the Village was and remains a municipal
corporation organized and existing under and by virtue of the laws of New York State. All actions
taken by the Village against Plaintiffs and others that form the basis for this action were taken
under color of state law.
FACTUAL ALLEGATIONS
I. Sylvester’s Pattern and Practice of Coercing Employee Resignations.
29. As chief, Sylvster held the VOPD’s highest command and administrative position.
Sylvester was the final decisionmaker for all VOPD’s internal operations and, together with the
Trustees, was a policymaker regarding VOPD internal disciplinary matters. In truth, however, the
Trustees consistently acquiesced to Sylvester’s disciplinary demands regarding VOPD personnel.
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30. Since becoming VOPD chief in 2016, Sylvester abused his authority and harassed
numerous police officers under his command. Using personal harassment, threats of unfounded
disciplinary action, discriminatory and immediate suspensions without pay or medical benefits,
and fabricated disciplinary charges, Sylvester repeatedly coerced VOPD officers to resign from
the force—even some officers who enjoyed long and successful VOPD careers.
31. After maliciously forcing police officers from VOPD service, Sylvester—again and
again—vindictively obstructed their efforts to find police work elsewhere. To that end, and on
information and belief, Sylvester contacted several police officials in Westchester County to
dissuade them from hiring former VOPD officers. During his tenure as VOPD chief, Sylvester
was President of the Westchester County Chief’s Association, President of the New York State
Police Association, and served on the Executive Board of the New York State Association of
Chiefs of Police. As such, Sylvester wielded power and influence over fellow police chiefs in
New York.
32. On information and belief, while he was chief, at least three complaints accusing
Sylvester of discrimination or harassment were filed by police officers with the Village and at least
six similar union grievances were lodged against him with the Ossining PBA.
33. On information and belief, since 2021, Sylvester coerced at least three other VOPD
personnel besides Plaintiffs to resign from their jobs. Those officers include:
• Marvese Renalls (“Renalls”): Like Zambrano, Renalls is a Hispanic woman who
served as a VOPD officer while Sylvester was chief. For several years, she was
subject to a hostile work environment created by Sylvester. His abusive conduct
included maliciously sending Renalls along with Zambrano for a psychological
evaluation in Albany, New York, to determine if she was fit for duty.
Renalls filed multiple harassment complaints and grievances with the Village
about other disparate and discriminatory treatment by Sylvester, which the Village
rejected. In 2021, Renalls was ultimately coerced by Sylvester into resigning to
escape the abuse.
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Renalls also filed an EEOC complaint against Sylvester, however, alleging that
she had been discriminated against on the basis of gender and her Hispanic origin.
After an administrative investigation, the EEOC determined in September 2023
that there was reasonable cause to believe that Renalls suffered discrimination and
retaliation based on race, gender, and national origin. The EEOC has credible
witnesses who corroborate Sylvester’s statement that Renalls was “useless,” that
he was going to push her out of her job at the VOPD, and that she “could do
nothing” because she is a Hispanic female. See Exhibit B.
• Andrew Pavone (“Pavone”): In early February 2020, Sylvester served then-VOPD
officer Pavone—the best man at Sylvester’s wedding and the Godfather of
Sylvester’s child—with disciplinary charges and further requested that Pavone be
put on administrative leave pending an investigation by the D.A. The D.A.
determined that the alleged incident under investigation lacked merit and closed
the inquiry on October 20, 2020.
In March 2021, Pavone signed an irrevocable letter of resignation from the VOPD
that would be effective on the 20th anniversary of his service and forfeited 30 days
of pay. The settlement states that, [u]pon submitting his resignation, Officer
Pavone shall be deemed a retiree in good standing.”
Subsequently, Sylvester learned that Pavone intended to seek part-time
employment with another police department in Westchester County. Upon
information and belief, in response to that news, and despite the provision in
Pavone’s VOPD resignation agreement acknowledging that he remained in “good
standing,” Sylvester successfully petitioned New York State to decertify Pavone
as a police officer. That decertification blocked Pavone’s ability to gain part-time
police employment elsewhere. Upon further information and belief, Sylvester also
successfully terminated Pavone’s medical benefits, which were set to continue
after his retirement from the VOPD.
• Edward Walker (“Walker”): In April 2022, Sylvester served veteran VOPD
detective Walker with disciplinary charges and placed him on administrative leave.
Upon information and belief, those disciplinary charges were bolstered by
information that Sylvester improperly obtained by using advanced technology,
LPR, to track Walker’s license plate without a good-faith law-enforcement
justification. In addition to Zambrano, Walker is now the second confirmed
member of the VOPD who was subject to Sylvester’s license-plate tracking
practices. Moreover, Walker is a Black male, and, upon information and belief, the
use of LPR to track his license plate was conducted discriminatorily based on his
race.
Like Pavone, Walker was also required to sign an irrevocable letter of resignation
that would become effective on the 20th anniversary of his VOPD service. Upon
information and belief, that anniversary date is in December 2024, inexplicably
leaving Walker on the police force for two more years. Walker was also required
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to forfeit over 40 days of paid leave and holiday time. As part of the settlement,
Walker is also required in the interim to pursue his disability status and retirement.
II. Sylvester’s Relationship with Hirshowitz.
34. Sylvester hired Hirshowitz as a VOPD officer in May 2016.
35. Thereafter, upon information and belief, Sylvester and Hirshowitz began a romantic
relationship.
36. Hirshowitz told Rinaldi and others that she was involved in a sexual relationship
with Sylvester.
37. In 2018 and 2019, Sylvester and Hirshowitz travelled out-of-state together to
compete in athletic competitions. Upon information and belief, neither Sylvester nor Hirshowitz
was accompanied on those trips by family or friends.
38. Upon information and belief, Sylvester and Hirshowitz met on numerous occasions
in the very early morning hours at the VOPD gym for physical workouts.
39. Upon information and belief, on one such occasion, an elderly building custodian
observed them having intimate relations. That custodian had worked in the VOPD building for
decades. Soon after his surprise gym encounter with Sylvester and Hirshowitz, the custodian was
suddenly transferred to another Village agency at a different building location.
40. On information and belief, Sylvester and Hirshowitz have also been observed on
numerous occasions meeting in the outdoor parking lot of Hirshowitz’s apartment building in
Peekskill, New York.
III. Sylvester Coerces Rinaldi to Resign from the VOPD.
41. Rinaldi’s performance as a VOPD officer while on duty was commendable. He
never received negative evaluations and received glowing recommendations from his direct
supervisors and other VOPD superiors.
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42. In November 2017, Rinaldi was accepted as a transfer candidate by the Westchester
County Department of Public Safety and resigned from the VOPD. But he ultimately rescinded
his resignation and declined to transfer to the Westchester County Department of Public Safety
because his father was having health difficulties and Rinaldi needed to be geographically close to
care for him.
43. The following year, in June 2018, Rinaldi was surprised and confused when
Sylvester personally came to his home and told him that he (Sylvester) and Village officials
believed that Rinaldi needed treatment for a substance abuse problem. Sylvester further ordered
Rinaldi to report promptly to Arms Acres, an inpatient treatment facility for individuals with
substance abuse disorders.
44. Rinaldi did not have a substance abuse problem. Nor had he recently taken a drug
test, much less tested positive for drug use.
45. Nevertheless, afraid for his job and worried by Sylvester’s inexplicable demand,
Rinaldi complied with Sylvester’s directive.
46. On June 14, 2018, a care provider at Arms Acres told Rinaldi that he did not believe
that he required treatment at the facility and discharged him.
47. That same day, Sylvester confronted Rinaldi about his discharge from the facility
and insisted that Rinaldi still required treatment. Sylvester told Rinaldi that, if he refused to re-
enter a residential drug treatment facility, he would bring disciplinary charges against him and that
Rinaldi “would be fired.”
48. When Rinaldi refused to admit himself needlessly to a residential drug
rehabilitation center, Sylvester placed him on administrative leave pending disciplinary charges
and then subsequently suspended him.
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49. Coerced by Sylvester, and as a condition for keeping his job, Rinaldi agreed on
June 18, 2018 to enter an in-patient treatment program the following week at a facility called The
Freedom Model.
50. When Rinaldi gave in to Sylvester’s baseless and extortive order, Sylvester lifted
Rinaldi’s suspension and had him reinstated to “modified duty,” which is not a defined job status
within the VOPD.
51. On July 19, 2018, Rinaldi completed the program at The Freedom Model. Again,
at no time—either prior to his compelled admission or after he completed the program—did
Sylvester require Rinadi to take a drug test (which Sylvester was legally empowered to do). The
reason is obvious: Sylvester assumed that Rinaldi would pass any test administered to him.
52. The only drug test that Rinaldi took for the Village was during his pre-hire
screening period in 2015, and that test was negative. Nor did Rinaldi ever have a positive drug
test at the in-patient facilities that Sylvester forced him to attend.
53. Sylvester then temporarily switched from using unfounded accusations of drug use
to pretextual attendance infractions to harass Rinaldi. On November 19, 2018 and June 4, 2019,
Sylvester issued Rinaldi “chronic sick” warning letters, which stated that Rinaldi had used what
Sylvester described as an “excessive” number of sick days. Sylvester issued those letters to Rinaldi
despite the fact that: (i) Sylvester had no prior practice of issuing such letters; (ii) other VOPD
officers had taken many more sick days than Rinaldi yet did not receive warning letters; and (iii)
members of the PBA, such as Rinaldi, are contractually entitled to use sick time “as needed.”
54. Sylvester’s pretextual use of a “chronic sick” list to harass Rinaldi was later
confirmed by Sylvester’s discontinuance of the list after Rinaldi resigned.
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55. In 2021, Sylvester seized upon an unfortunate series of events in Rinaldi’s private
life as a further means to abuse him. On January 9, 2021, Rinaldi and his fiancé Courtney Burns
(“Burns”) had a domestic dispute at home. The VOPD responded to the scene.
56. On January 13, 2021, Sylvester contacted Burns to schedule a videoconference with
him and a Village attorney. On January 21, 2021, Sylvester contacted Burns again and left her a
voicemail trying to get her to “cooperate” against Rinaldi.
57. On February 9, 2021, Sylvester served Rinadi with disciplinary charges relating to
the domestic dispute he had with Burns on January 9, 2021. At Sylvester’s request, the Village
suspended Rinaldi without pay.
58. On March 12, 2021, the Village also notified Rinaldi that it would no longer pay
for his medical insurance. On behalf of Rinaldi, the PBA grieved the cancellation of Rinaldi’s
medical coverage, but the Village’s determination was upheld by Kahan, the Village corporation
counsel.
59. Once again, Sylvester required Rinaldi to see a substance abuse counselor as a
condition of returning to work. On March 18, 2021, Rinaldi was evaluated by JoAnne Elliott, a
certified provider for the New York State Office of Addiction Services and Support, for purported
alcohol abuse. Not surprisingly, Ms. Elliott determined that Rinaldi had “No Apparent Alcohol
Problem.” And not surprisingly—because Sylvester was intentionally and falsely accusing Rinaldi
of substance abuse—Sylvester was not satisfied by the independent professional’s evaluation.
60. In April 2021—still suspended without pay and deprived of medical coverage for
his family—Rinaldi settled his disciplinary charges with the Village by agreeing to participate in
a substance abuse treatment program. Although Sylvester’s accusation that Rinaldi had a
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substance abuse problem was a sham, Rinaldi nevertheless believed that he had no choice but to
attend another program if he wanted to keep his job.
61. From April 21, 2021 to June 16, 2021, Rinaldi, at Sylvester’s direction, attended an
eight-week, outpatient, early-intervention program at a facility called Inter-Care. During that
period, Rinaldi was repeatedly given toxicology screening tests. None of those tests were ever
positive for non-prescribed substances or alcohol. The entire punitive experience was just more
of Sylvester’s harassment.
62. On November 12, 2021, Rinaldi and Burns had a second domestic dispute at home
to which the VOPD responded. Burns hit Rinaldi on the head with a harmful object. Despite
Burns having physically assaulted Rinaldi, the police did not arrest Burns—which they were
required to do by VOPD protocol. Instead, later that day, Sylvester asked Burns to make a
statement against Rinaldi, saying, “I know [Rinaldi] claims he’s the victim, but I’m not buying it.”
63. On November 16, 2021, Rinaldi filed a harassment complaint against Sylvester
with the Village, believing that Sylvester was trying improperly to exploit his domestic problems
to harass him further. Rinaldi’s complaint ignited even greater retaliation by Sylvester.
64. Later that month, on November 23, 2021, Burns filed a petition against Rinaldi in
Family Court relating to their child custody dispute.
65. That same day, Sylvester—the chief of the VOPD—personally went to Rinaldi’s
home to serve him with an order issued by the Family Court. It was no valiant act. Between
November 21, 2021 and March 5, 2022, Sylvester hounded Burns to gather evidence and
information against Rinaldi. Sylvester coercively led Burns to believe that if she did not cooperate
with him, she would “lose her children and have issues with Child Protective Services.”
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66. On December 1, 2021, Sylvester notified Rinaldi that he was the “potential subject
of disciplinary action in connection with certain matters that have come to the attention of the
Village.” Rinaldi was also placed on administrative leave effective immediately.
67. Several days later, on December 7, 2021, Village Manager D’Attore served Rinaldi
with disciplinary charges relating to the domestic dispute during which Rinaldi was physically
assaulted. D’Attore had no first-hand knowledge of the underlying event. The charges also
included unsupported and untrue allegations of drug use by Rinaldi.
68. Upon information and belief, D’Attore issued those charges at the behest of
Sylvester, despite her lacking any authority under the Village charter to do so.
69. The next day, again at the behest of Sylvester, D’Attore notified Rinaldi that the
Village had suspended him without pay.
70. Thereafter, D’Attore, without legal authority, served Rinaldi with multiple versions
of amended disciplinary charges.
71. After D’Attore issued the second set of amended charges on March 6, 2021,
Burns repeatedly wrote to the Village to retract her allegations against Rinaldi. Her letters were
ignored.
72. Beginning in April 2021, Sylvester purportedly launched an investigation into
anonymous and threating text messages that Hirshowitz was supposedly receiving on her mobile
telephone. During his “investigation,” Sylvester asked numerous VOPD personnel if they knew
whether Rinaldi had sent the messages—clearly indicating that he believed Rinaldi was guilty.
73. As Sylvester interviewed officers regarding Hirshowitz’s text messages, a PBA
lawyer told Rinaldi how the VOPD chief was publicly and falsely implicating him in criminal
activity. Rinaldi could not bear any more harassment. He had already endured four months of
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suspension without pay or medical insurance. He was the sole financial provider for his children
and himself, and experiencing the serious financial duress inflicted on him by Sylvester and the
Village. And now, Sylvester was defaming him among his peers for allegedly harassing a fellow
VOPD with threatening text messages. To say that Rinaldi’s work environment had become
unbearably hostile is a gross understatement. No reasonable person could tolerate that level of
continued abuse.
74. Fearing additional disciplinary charges and perhaps worse if he did not resign his
job, Rinaldi settled his disciplinary charges. He admitted to a technical violation of the VOPD
manual, which requires officers to always conduct themselves in a professional manner. In
exchange for that public surrender, the Village dismissed all other disciplinary charges against
Rinaldi.
75. The enormous disparity between the seriousness of the disciplinary charges
(involving alleged domestic violence and drug use) as well as the resulting financial and emotional
duress that Rinaldi suffered, and the relative insignificance of the infraction to which Rinaldi
ultimately admitted, powerfully indicates that the disciplinary charges were bogus all along.
76. Knowing that he could not possibly stay at the VOPD any longer because Sylester
would continue harassing him as the alleged source of the anonymous and threatening text
messages to Hirshowitz, Rinaldi resigned from VOPD on May 10, 2022 to accept a transfer
position with the Greenburgh Police Department.
77. As part of his settlement agreement with the Village resolving his disciplinary
charges, Rinaldi demanded a confidentiality provision (“Confidentiality Provision”). In relevant
part, the agreement provides:
[T]he existence, terms, and conditions of this Agreement are and
shall be confidential and shall not be disclosed by the Village,
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Officer Rinaldi, or his attorneys to any person or entity, except to
enforce any of the terms of the Agreement or pursuant to subpoena,
upon demand of a federal or state agency or as required by law. If
a demand for such information is made, and the Village believes it
is obligated to provide such information, it will notify Rinaldi’s
attorney and/or chosen representative of its intent to disclose same.
78. The Confidentiality Provision was especially important to Rinaldi because he was
afraid that the concocted disciplinary charges would, if revealed, prevent him from securing a job
as a police officer in another police department. He would not have settled the disciplinary charges
without the Confidentiality Provision. Instead, he would have expended the time and money
challenging any adverse disciplinary finding by the Village.
79. But Sylvester never intended to comply with the Confidentiality Provision. To the
contrary, he was heard by VOPD personnel repeatedly saying that he was not bound by any
agreement involving Rinaldi because he did not sign any agreement. More specifically, Sylvester
stated to several officers that he was not bound by the Confidentiality Provision contained in
Rinaldi’s settlement agreement because “he didn’t sign it and the village board was not his boss.”
80. Not surprisingly, Sylvester violated the Confidentiality Provision before the ink
was even dry on Rinaldi’s settlement agreement. Upon information and belief, Sylvester had
several friends employed by News 12, a local Hudson Valley cable news station, including a
specific reporter. Upon further information and belief, despite the Confidentiality Provision,
Sylvester intended to disclose the disciplinary charges against Rinaldi to the press before the
Village signed its settlement agreement with Rinaldi.
81. On the day of Rinaldi’s resignation, Sylvester learned that Rinaldi had received an
employment offer from the Greenburgh Police Department. On information and belief, that same
day, Sylvester disclosed to the News 12 reporter Rinaldi’s settlement with the Village, the nature
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of the disciplinary charges against him (including drug use), and that Rinaldi was intending to
work for the Greenburgh Police Department
82. Upon information and belief, before News 12 received documents from the Village
regarding Rinaldi under the Freedom of Information Law, the News 12 reporter contacted
members of
Preview
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 Exhibit A FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER LOUIS R. RINALDI and ANDREA K. ZAMBRANO, Plaintiffs, – against – Index No. 63367/2023 KEVIN SYLVESTER, in his personal capacity and in PROPOSED AMENDED his capacity as the former Chief of Police for the SUMMONS Village of Ossining, EMILY HIRSHOWITZ, in her personal capacity and in her capacity as a Police Officer for the Village of Ossining, STUART KAHAN, in his personal capacity and in his capacity as Corporation Counsel for the Village of Ossining, THE BOARD OF TRUSTEES FOR THE VILLAGE OF OSSINING, and THE VILLAGE OF OSSINING, Defendants. TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the verified second amended complaint in this action. If this summons was personally delivered to you in the State of New York, the answer must be served within 20 days after such service of the summons, excluding the date of service. If the summons was not personally delivered to you in the State of New York, the answer must be served within 30 days after service of the summons is completed as provided by law. If you do not appear or serve an answer to the verified second amended complaint within the applicable time limit, a judgment may be entered against you, by default, for the relief demanded in the verified second amended complaint, without further notice to you, together with the costs of this action and prejudgment interest in an amount to be calculated by the Clerk of Court. Plaintiffs designate Westchester County as the place of trial. Venue is proper in Westchester County pursuant to CPLR 503(a) because it is the County in which Plaintiffs resided when this action was commenced and the County in which a substantial part of the events or FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 omissions giving rise to the claims occurred. Dated: White Plains, New York January 9, 2024 ABRAMS FENSTERMAN, LLP By: ____________________________ Daniel S. Alter Attorneys for Plaintiffs 81 Main Street, Suite 400 White Plains, New York 10601 (914) 607-7010 dalter@abramslaw.com THE LAW OFFICE OF MICHAEL G. SANTANGELO PLLC Michael G. Santangelo, Esq. Attorneys for Plaintiffs 75 South Broadway White Plains, New York 10601 (914) 304-4242 mgsesq@msn.com TO: Kevin Sylvester Emily Hirshowitz Stuart Kahan Board of Trustees for the Village of Ossining Village of Ossining FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER LOUIS R. RINALDI and ANDREA K. ZAMBRANO, Plaintiffs, Index No. 63367/2023 – against – KEVIN SYLVESTER, in his personal capacity and in PROPOSED VERIFIED his capacity as the former Chief of Police for the SECOND AMENDED Village of Ossining, EMILY HIRSHOWITZ, in her COMPLAINT personal capacity and in her capacity as a Police Officer for the Village of Ossining, STUART JURY DEMANDED KAHAN, in his personal capacity and in his capacity as Corporation Counsel for the Village of Ossining, the BOARD OF TRUSTEES FOR THE VILLAGE OF OSSINING, and THE VILLAGE OF OSSINING, Defendants. PROPOSED VERIFIED SECOND AMENDED COMPLAINT SEEKING COMPENSATORY AND PUNITIVE DAMAGES AND INJUNCTIVE RELIEF FOR VIOLATIONS OF 42 U.S.C. § 1983, FRAUD, BREACH OF CONTRACT, AND TORTIOUS INTERFERENCE WITH PROSPECTIVE BUSINESS RELATIONS Plaintiffs Louis R. Rinaldi (“Rinaldi”) and Andrea K. Zambrano (“Zambrano”) (collectively, “Plaintiffs”), by and through their undersigned counsel, Abrams Fensterman, LLP and the Law Offices of Michael G. Santangelo, PLLC, respectfully allege as follows: NATURE OF THE ACTION 1. In January 2016, defendant Kevin Sylvester (“Sylvester”) was appointed the youngest chief of police ever to serve the Village of Ossining Police Department (“VOPD”). Indeed, Sylvester was the youngest police chief ever appointed in all of Westchester County. His family has lived and worked in the defendant Village of Ossining (“Village”) for generations. And during his nearly eight-year tenure as police chief, Sylvester was widely known throughout the community, projecting himself on local media as a fair, good-natured, and responsible public servant who was deeply committed to the Village and its residents. FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 2. During his time as VOPD chief, he was also very popular with many local elected officials, including the Village’s mayor and defendant the Villages’ Board of Trustees (“Trustees”). They regularly touted his service as exemplary and uniformly supported his actions in running the police department. Sylvester repeatedly told VOPD personnel that he was in complete control of the department and that the Trustees followed his directions. 3. On December 6, 2023, Sylvester abruptly announced his “separation” from the VOPD and his “confidential separation agreement” was unanimously approved by the Trustees. That generous agreement—which is far from ordinary for someone whose job contract is about to lapse of its own accord—provides troubling insight into the parties’ relationship. A true and correct copy of Sylvester’s confidential separation agreement, dated December 6, 2023, is annexed as Exhibit A. 4. Sylvester’s confidential settlement agreement awarded him over $160,000. Ordinarily, although a retiring village police chief might get a gold watch for years of valued service, it is rather striking when one gets hundreds of thousands of dollars “as a way of amicably resolving all matters related to [his] retirement.” That observation is especially true when the agreement requires “Sylvester’s unconditional and irrevocable resignation,” and further demands that he “reasonably cooperate in good faith with the Village . . . on pending and future litigation relating to [discrimination claims against the Village] pertaining to Sylvester’s employment.” 5. On December 21, 2023, apparently caught up in wave of staged adulation, Westchester County Legislator and former Village trustee Catherine Borgia declared it “Police Chief Kevin Sylvester Day” and posted that message on the electronic billboard outside the Westchester County Center. Sylvester thus seemed to have cemented his status as a local celebrity. 2 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 6. But things are often not what they seem. Sylvester has a dark and vindictive side. He repeatedly retaliated against VOPD officers for abusive, arbitrary, and discriminatory reasons, coercing multiple police personnel to resign from their jobs. And once they resigned, Sylvester— in blatant and willful violation of binding settlement contracts—maliciously prevented those officers from securing employment at other police departments. 7. In truth, rather than serving humbly as a small-town hero, Sylvester reigned over the VOPD as a petty tyrant. He spitefully violated the civil rights of multiple police officers with impunity, acting all-the-while under color of state law and shielded (if not supported) by Village officials. 8. Sylvester did not act alone in ruining peoples’ lives. He conscripted defendant Emily Hirshowitz (“Hirshowitz”), a subordinate VOPD officer with whom he had a sexual relationship, to press false criminal charges against Rinaldi and to spread similar, harassing rumors about Zambrano. And for years, he unlawfully directed subordinate VOPD personnel to stalk other officers around the clock—improperly and without legal justification—by using advanced license plate tracking technology that is strictly reserved for legitimate police investigations, only. 9. Inexplicably, members of the Village government enabled Sylvester’s ongoing, malicious, and unlawful conduct. Multiple VOPD officers and the Police Benevolent Association (“PBA”) submitted grievances to the Village about Sylvester’s abusive and discriminatory conduct. The Equal Employment Opportunity Commission (“EEOC”) even investigated Sylvester and found good cause to conclude that he discriminated against a VOPD officer because she is a Hispanic woman. Yet, Village officials refused to take corrective action. 10. Certainly, mayor Rika Levin (“Levin”), deputy mayor and trustee Omar Lopez (“Lopez”), Village Manager Karen D’Attore (“D’Attore”), defendant Village corporation counsel 3 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 Stuart Kahan (“Kahan”), and trustees Robert Fritsche, Dana White, and Manuel Quezada were all aware of the numerous and serious complaints about Sylvester’s abusive behavior. But they did nothing to protect VOPD personnel. 11. Instead, for example, when, the EEOC announced its finding that Sylvester had likely discriminated against at least one officer based on race and gender, Kahan stated to the press that the Village disagreed with the EEOC’s finding and will not cooperate the agency’s voluntary mediation process. A true and correct copy of the EEOC’s determination, dated September 11, 2023, is annexed as Exhibit B. 12. The Village received the EEOC’s damning assessment almost three months before Sylvester “separated” from the VOPD. But when Sylvester later stepped down, Levin nevertheless applauded him for having “proven himself to be a leader and innovator, bringing 21st Century Policing to Ossining, [and] strengthening the use of new technologies.” 13. Similarly, Lopez praised Sylvester, having been quoted as saying, “I’m grateful to have had [Sylvester] as a chief. [His] level of accomplishments is indicative of how [he is] as a person and how [he] served the community.” The tragic irony in that statement is self-evident. 14. Any characterization by Village officials of Sylvester as a role model for police chiefs could not be further from the truth, and they knew it. Nevertheless, when Sylvester repeatedly submitted fabricated disciplinary charges against VOPD officers to coerce their resignations, Kahan and the Trustees repeatedly rubberstamped Sylvester’s proposed settlements requiring those officers to quit the force. They never meaningfully reviewed either the charges or the settlements, much less the plainly coercive tactics used by Sylvester against VOPD personnel. 15. Sylvester’s pernicious actions went unchecked for far too long. They destroyed Plaintiffs’ law-enforcement careers, both of whom were dedicated and highly respected VOPD 4 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 officers. In doing so, Sylvester impugned Plaintiffs’ mental health, forced them to undergo psychiatric evaluations and residential drug treatment programs that were entirely and demonstrably unnecessary, harassed them at home and on the job with disciplinary actions based on bogus domestic assault accusations and job attendance infractions, suspended them from work without pay and/or medical coverage, and even went so far as to press false criminal charges against Rinaldi. 16. Those malicious charges were concocted by Sylvester and his paramour, Hirshowitz. Hirschowitz is presently being criminally prosecuted by the Westchester County District Attorney’s Office (“D.A.”) for her misconduct. A true and correct copy of the criminal complaint filed against Hirshowitz, dated June 28, 2023, is annexed as Exhibit C. 17. As a part of his persecutory rampage against Plaintiffs, Sylvester also tricked them into resigning their VOPD jobs by including confidentiality provisions in their Village settlement agreements upon which Plaintiffs’ relied to get new police jobs. Sylvester never intended to observe those provisions, however. And by breaching those agreements, Sylvester ensured that no other police department in Westchester County would hire Plaintiffs. 18. In the mix of his unchecked aggression, Sylvester also implemented an unlawful and punitive surveillance practice employed by the VOPD. Without any bona fide law enforcement justification, Sylvester used advanced license plate recognition (“LPR”) technology to track employees’ whereabouts at all times. In Zambrano’s case, he literally had her tracked for years— even after she was suspended without pay from the VOPD. 19. Those actions were depraved, and by committing them, Sylvester (and others) violated well-established constitutional due process safeguards that protect a person’s state 5 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 employment. They also violate one of the Constitution’s most hallowed guarantees—the right to be free of unreasonable searches and seizures. 20. Although Sylvester “separated” from the VOPD, the injuries that he inflicted on good cops persist. This action seeks to hold Sylvester, his cohorts, and the Village to account for their outrageous and illegal abuses of power. JURISDICTION AND VENUE 21. This Court has subject matter jurisdiction over this action pursuant to CPLR 301 and venue is properly laid in this County pursuant to CPLR 503(a) because it is the County in which: (i) Plaintiffs reside; and (ii) a substantial part of the events or omissions giving rise to their claims occurred. THE PARTIES 22. At all times relevant to this action, Rinaldi was and remains a resident of Westchester County, New York. On August 3, 2015, Rinaldi was hired by the Village as an officer of the VOPD. 23. At all times relevant to this action, Zambrano was and remains a resident of Westchester County, New York. On August 1, 2016, Zambrano was hired by the Village as an officer of the VOPD. Zambrano is a Hispanic woman. 24. At all times relevant to this action, Sylvester was the chief of police for the VOPD. In that position, Sylvester was a final decision and policy maker in all matters involving the daily operations of the VOPD, including the supervision of subordinate VOPD personnel, establishing rules of professional police conduct within the VOPD, and investigating VOPD officers regarding fitness for duty and alleged attendance violations. Sylvester is also a trained attorney and admitted to practice law in New York State. All actions taken by Sylvester against Plaintiffs and others that 6 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 form the basis of this action were taken under color of state law. Sylvester is sued in both his personal and official capacities. 25. At all times relevant to this action, Hirshowitz was a police officer employed by the VOPD. All actions taken by Hirshowitz against Plaintiffs and others that form the basis of this action were taken under color of state law. Hirshowitz is sued in both her personal and official capacities. 26. At all times relevant to this action, Kahan was the corporation counsel for the Village. All actions taken by Kahan against Plaintiffs and others that form the basis for this action were taken under color of state law. Kahan is sued both in his personal and official capacities. 27. At all times relevant to this action, the Trustees were the elected legislative body for the Village, with the authority to appoint the Village police chief and to adjudicate VOPD disciplinary charges. All actions taken by the Trustees against Plaintiffs and others that form the basis for this action were taken under color of state law. 28. At all times relevant to this action, the Village was and remains a municipal corporation organized and existing under and by virtue of the laws of New York State. All actions taken by the Village against Plaintiffs and others that form the basis for this action were taken under color of state law. FACTUAL ALLEGATIONS I. Sylvester’s Pattern and Practice of Coercing Employee Resignations. 29. As chief, Sylvster held the VOPD’s highest command and administrative position. Sylvester was the final decisionmaker for all VOPD’s internal operations and, together with the Trustees, was a policymaker regarding VOPD internal disciplinary matters. In truth, however, the Trustees consistently acquiesced to Sylvester’s disciplinary demands regarding VOPD personnel. 7 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 30. Since becoming VOPD chief in 2016, Sylvester abused his authority and harassed numerous police officers under his command. Using personal harassment, threats of unfounded disciplinary action, discriminatory and immediate suspensions without pay or medical benefits, and fabricated disciplinary charges, Sylvester repeatedly coerced VOPD officers to resign from the force—even some officers who enjoyed long and successful VOPD careers. 31. After maliciously forcing police officers from VOPD service, Sylvester—again and again—vindictively obstructed their efforts to find police work elsewhere. To that end, and on information and belief, Sylvester contacted several police officials in Westchester County to dissuade them from hiring former VOPD officers. During his tenure as VOPD chief, Sylvester was President of the Westchester County Chief’s Association, President of the New York State Police Association, and served on the Executive Board of the New York State Association of Chiefs of Police. As such, Sylvester wielded power and influence over fellow police chiefs in New York. 32. On information and belief, while he was chief, at least three complaints accusing Sylvester of discrimination or harassment were filed by police officers with the Village and at least six similar union grievances were lodged against him with the Ossining PBA. 33. On information and belief, since 2021, Sylvester coerced at least three other VOPD personnel besides Plaintiffs to resign from their jobs. Those officers include: • Marvese Renalls (“Renalls”): Like Zambrano, Renalls is a Hispanic woman who served as a VOPD officer while Sylvester was chief. For several years, she was subject to a hostile work environment created by Sylvester. His abusive conduct included maliciously sending Renalls along with Zambrano for a psychological evaluation in Albany, New York, to determine if she was fit for duty. Renalls filed multiple harassment complaints and grievances with the Village about other disparate and discriminatory treatment by Sylvester, which the Village rejected. In 2021, Renalls was ultimately coerced by Sylvester into resigning to escape the abuse. 8 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 Renalls also filed an EEOC complaint against Sylvester, however, alleging that she had been discriminated against on the basis of gender and her Hispanic origin. After an administrative investigation, the EEOC determined in September 2023 that there was reasonable cause to believe that Renalls suffered discrimination and retaliation based on race, gender, and national origin. The EEOC has credible witnesses who corroborate Sylvester’s statement that Renalls was “useless,” that he was going to push her out of her job at the VOPD, and that she “could do nothing” because she is a Hispanic female. See Exhibit B. • Andrew Pavone (“Pavone”): In early February 2020, Sylvester served then-VOPD officer Pavone—the best man at Sylvester’s wedding and the Godfather of Sylvester’s child—with disciplinary charges and further requested that Pavone be put on administrative leave pending an investigation by the D.A. The D.A. determined that the alleged incident under investigation lacked merit and closed the inquiry on October 20, 2020. In March 2021, Pavone signed an irrevocable letter of resignation from the VOPD that would be effective on the 20th anniversary of his service and forfeited 30 days of pay. The settlement states that, [u]pon submitting his resignation, Officer Pavone shall be deemed a retiree in good standing.” Subsequently, Sylvester learned that Pavone intended to seek part-time employment with another police department in Westchester County. Upon information and belief, in response to that news, and despite the provision in Pavone’s VOPD resignation agreement acknowledging that he remained in “good standing,” Sylvester successfully petitioned New York State to decertify Pavone as a police officer. That decertification blocked Pavone’s ability to gain part-time police employment elsewhere. Upon further information and belief, Sylvester also successfully terminated Pavone’s medical benefits, which were set to continue after his retirement from the VOPD. • Edward Walker (“Walker”): In April 2022, Sylvester served veteran VOPD detective Walker with disciplinary charges and placed him on administrative leave. Upon information and belief, those disciplinary charges were bolstered by information that Sylvester improperly obtained by using advanced technology, LPR, to track Walker’s license plate without a good-faith law-enforcement justification. In addition to Zambrano, Walker is now the second confirmed member of the VOPD who was subject to Sylvester’s license-plate tracking practices. Moreover, Walker is a Black male, and, upon information and belief, the use of LPR to track his license plate was conducted discriminatorily based on his race. Like Pavone, Walker was also required to sign an irrevocable letter of resignation that would become effective on the 20th anniversary of his VOPD service. Upon information and belief, that anniversary date is in December 2024, inexplicably leaving Walker on the police force for two more years. Walker was also required 9 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 to forfeit over 40 days of paid leave and holiday time. As part of the settlement, Walker is also required in the interim to pursue his disability status and retirement. II. Sylvester’s Relationship with Hirshowitz. 34. Sylvester hired Hirshowitz as a VOPD officer in May 2016. 35. Thereafter, upon information and belief, Sylvester and Hirshowitz began a romantic relationship. 36. Hirshowitz told Rinaldi and others that she was involved in a sexual relationship with Sylvester. 37. In 2018 and 2019, Sylvester and Hirshowitz travelled out-of-state together to compete in athletic competitions. Upon information and belief, neither Sylvester nor Hirshowitz was accompanied on those trips by family or friends. 38. Upon information and belief, Sylvester and Hirshowitz met on numerous occasions in the very early morning hours at the VOPD gym for physical workouts. 39. Upon information and belief, on one such occasion, an elderly building custodian observed them having intimate relations. That custodian had worked in the VOPD building for decades. Soon after his surprise gym encounter with Sylvester and Hirshowitz, the custodian was suddenly transferred to another Village agency at a different building location. 40. On information and belief, Sylvester and Hirshowitz have also been observed on numerous occasions meeting in the outdoor parking lot of Hirshowitz’s apartment building in Peekskill, New York. III. Sylvester Coerces Rinaldi to Resign from the VOPD. 41. Rinaldi’s performance as a VOPD officer while on duty was commendable. He never received negative evaluations and received glowing recommendations from his direct supervisors and other VOPD superiors. 10 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 42. In November 2017, Rinaldi was accepted as a transfer candidate by the Westchester County Department of Public Safety and resigned from the VOPD. But he ultimately rescinded his resignation and declined to transfer to the Westchester County Department of Public Safety because his father was having health difficulties and Rinaldi needed to be geographically close to care for him. 43. The following year, in June 2018, Rinaldi was surprised and confused when Sylvester personally came to his home and told him that he (Sylvester) and Village officials believed that Rinaldi needed treatment for a substance abuse problem. Sylvester further ordered Rinaldi to report promptly to Arms Acres, an inpatient treatment facility for individuals with substance abuse disorders. 44. Rinaldi did not have a substance abuse problem. Nor had he recently taken a drug test, much less tested positive for drug use. 45. Nevertheless, afraid for his job and worried by Sylvester’s inexplicable demand, Rinaldi complied with Sylvester’s directive. 46. On June 14, 2018, a care provider at Arms Acres told Rinaldi that he did not believe that he required treatment at the facility and discharged him. 47. That same day, Sylvester confronted Rinaldi about his discharge from the facility and insisted that Rinaldi still required treatment. Sylvester told Rinaldi that, if he refused to re- enter a residential drug treatment facility, he would bring disciplinary charges against him and that Rinaldi “would be fired.” 48. When Rinaldi refused to admit himself needlessly to a residential drug rehabilitation center, Sylvester placed him on administrative leave pending disciplinary charges and then subsequently suspended him. 11 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 49. Coerced by Sylvester, and as a condition for keeping his job, Rinaldi agreed on June 18, 2018 to enter an in-patient treatment program the following week at a facility called The Freedom Model. 50. When Rinaldi gave in to Sylvester’s baseless and extortive order, Sylvester lifted Rinaldi’s suspension and had him reinstated to “modified duty,” which is not a defined job status within the VOPD. 51. On July 19, 2018, Rinaldi completed the program at The Freedom Model. Again, at no time—either prior to his compelled admission or after he completed the program—did Sylvester require Rinadi to take a drug test (which Sylvester was legally empowered to do). The reason is obvious: Sylvester assumed that Rinaldi would pass any test administered to him. 52. The only drug test that Rinaldi took for the Village was during his pre-hire screening period in 2015, and that test was negative. Nor did Rinaldi ever have a positive drug test at the in-patient facilities that Sylvester forced him to attend. 53. Sylvester then temporarily switched from using unfounded accusations of drug use to pretextual attendance infractions to harass Rinaldi. On November 19, 2018 and June 4, 2019, Sylvester issued Rinaldi “chronic sick” warning letters, which stated that Rinaldi had used what Sylvester described as an “excessive” number of sick days. Sylvester issued those letters to Rinaldi despite the fact that: (i) Sylvester had no prior practice of issuing such letters; (ii) other VOPD officers had taken many more sick days than Rinaldi yet did not receive warning letters; and (iii) members of the PBA, such as Rinaldi, are contractually entitled to use sick time “as needed.” 54. Sylvester’s pretextual use of a “chronic sick” list to harass Rinaldi was later confirmed by Sylvester’s discontinuance of the list after Rinaldi resigned. 12 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 55. In 2021, Sylvester seized upon an unfortunate series of events in Rinaldi’s private life as a further means to abuse him. On January 9, 2021, Rinaldi and his fiancé Courtney Burns (“Burns”) had a domestic dispute at home. The VOPD responded to the scene. 56. On January 13, 2021, Sylvester contacted Burns to schedule a videoconference with him and a Village attorney. On January 21, 2021, Sylvester contacted Burns again and left her a voicemail trying to get her to “cooperate” against Rinaldi. 57. On February 9, 2021, Sylvester served Rinadi with disciplinary charges relating to the domestic dispute he had with Burns on January 9, 2021. At Sylvester’s request, the Village suspended Rinaldi without pay. 58. On March 12, 2021, the Village also notified Rinaldi that it would no longer pay for his medical insurance. On behalf of Rinaldi, the PBA grieved the cancellation of Rinaldi’s medical coverage, but the Village’s determination was upheld by Kahan, the Village corporation counsel. 59. Once again, Sylvester required Rinaldi to see a substance abuse counselor as a condition of returning to work. On March 18, 2021, Rinaldi was evaluated by JoAnne Elliott, a certified provider for the New York State Office of Addiction Services and Support, for purported alcohol abuse. Not surprisingly, Ms. Elliott determined that Rinaldi had “No Apparent Alcohol Problem.” And not surprisingly—because Sylvester was intentionally and falsely accusing Rinaldi of substance abuse—Sylvester was not satisfied by the independent professional’s evaluation. 60. In April 2021—still suspended without pay and deprived of medical coverage for his family—Rinaldi settled his disciplinary charges with the Village by agreeing to participate in a substance abuse treatment program. Although Sylvester’s accusation that Rinaldi had a 13 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 substance abuse problem was a sham, Rinaldi nevertheless believed that he had no choice but to attend another program if he wanted to keep his job. 61. From April 21, 2021 to June 16, 2021, Rinaldi, at Sylvester’s direction, attended an eight-week, outpatient, early-intervention program at a facility called Inter-Care. During that period, Rinaldi was repeatedly given toxicology screening tests. None of those tests were ever positive for non-prescribed substances or alcohol. The entire punitive experience was just more of Sylvester’s harassment. 62. On November 12, 2021, Rinaldi and Burns had a second domestic dispute at home to which the VOPD responded. Burns hit Rinaldi on the head with a harmful object. Despite Burns having physically assaulted Rinaldi, the police did not arrest Burns—which they were required to do by VOPD protocol. Instead, later that day, Sylvester asked Burns to make a statement against Rinaldi, saying, “I know [Rinaldi] claims he’s the victim, but I’m not buying it.” 63. On November 16, 2021, Rinaldi filed a harassment complaint against Sylvester with the Village, believing that Sylvester was trying improperly to exploit his domestic problems to harass him further. Rinaldi’s complaint ignited even greater retaliation by Sylvester. 64. Later that month, on November 23, 2021, Burns filed a petition against Rinaldi in Family Court relating to their child custody dispute. 65. That same day, Sylvester—the chief of the VOPD—personally went to Rinaldi’s home to serve him with an order issued by the Family Court. It was no valiant act. Between November 21, 2021 and March 5, 2022, Sylvester hounded Burns to gather evidence and information against Rinaldi. Sylvester coercively led Burns to believe that if she did not cooperate with him, she would “lose her children and have issues with Child Protective Services.” 14 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 66. On December 1, 2021, Sylvester notified Rinaldi that he was the “potential subject of disciplinary action in connection with certain matters that have come to the attention of the Village.” Rinaldi was also placed on administrative leave effective immediately. 67. Several days later, on December 7, 2021, Village Manager D’Attore served Rinaldi with disciplinary charges relating to the domestic dispute during which Rinaldi was physically assaulted. D’Attore had no first-hand knowledge of the underlying event. The charges also included unsupported and untrue allegations of drug use by Rinaldi. 68. Upon information and belief, D’Attore issued those charges at the behest of Sylvester, despite her lacking any authority under the Village charter to do so. 69. The next day, again at the behest of Sylvester, D’Attore notified Rinaldi that the Village had suspended him without pay. 70. Thereafter, D’Attore, without legal authority, served Rinaldi with multiple versions of amended disciplinary charges. 71. After D’Attore issued the second set of amended charges on March 6, 2021, Burns repeatedly wrote to the Village to retract her allegations against Rinaldi. Her letters were ignored. 72. Beginning in April 2021, Sylvester purportedly launched an investigation into anonymous and threating text messages that Hirshowitz was supposedly receiving on her mobile telephone. During his “investigation,” Sylvester asked numerous VOPD personnel if they knew whether Rinaldi had sent the messages—clearly indicating that he believed Rinaldi was guilty. 73. As Sylvester interviewed officers regarding Hirshowitz’s text messages, a PBA lawyer told Rinaldi how the VOPD chief was publicly and falsely implicating him in criminal activity. Rinaldi could not bear any more harassment. He had already endured four months of 15 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 suspension without pay or medical insurance. He was the sole financial provider for his children and himself, and experiencing the serious financial duress inflicted on him by Sylvester and the Village. And now, Sylvester was defaming him among his peers for allegedly harassing a fellow VOPD with threatening text messages. To say that Rinaldi’s work environment had become unbearably hostile is a gross understatement. No reasonable person could tolerate that level of continued abuse. 74. Fearing additional disciplinary charges and perhaps worse if he did not resign his job, Rinaldi settled his disciplinary charges. He admitted to a technical violation of the VOPD manual, which requires officers to always conduct themselves in a professional manner. In exchange for that public surrender, the Village dismissed all other disciplinary charges against Rinaldi. 75. The enormous disparity between the seriousness of the disciplinary charges (involving alleged domestic violence and drug use) as well as the resulting financial and emotional duress that Rinaldi suffered, and the relative insignificance of the infraction to which Rinaldi ultimately admitted, powerfully indicates that the disciplinary charges were bogus all along. 76. Knowing that he could not possibly stay at the VOPD any longer because Sylester would continue harassing him as the alleged source of the anonymous and threatening text messages to Hirshowitz, Rinaldi resigned from VOPD on May 10, 2022 to accept a transfer position with the Greenburgh Police Department. 77. As part of his settlement agreement with the Village resolving his disciplinary charges, Rinaldi demanded a confidentiality provision (“Confidentiality Provision”). In relevant part, the agreement provides: [T]he existence, terms, and conditions of this Agreement are and shall be confidential and shall not be disclosed by the Village, 16 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 Officer Rinaldi, or his attorneys to any person or entity, except to enforce any of the terms of the Agreement or pursuant to subpoena, upon demand of a federal or state agency or as required by law. If a demand for such information is made, and the Village believes it is obligated to provide such information, it will notify Rinaldi’s attorney and/or chosen representative of its intent to disclose same. 78. The Confidentiality Provision was especially important to Rinaldi because he was afraid that the concocted disciplinary charges would, if revealed, prevent him from securing a job as a police officer in another police department. He would not have settled the disciplinary charges without the Confidentiality Provision. Instead, he would have expended the time and money challenging any adverse disciplinary finding by the Village. 79. But Sylvester never intended to comply with the Confidentiality Provision. To the contrary, he was heard by VOPD personnel repeatedly saying that he was not bound by any agreement involving Rinaldi because he did not sign any agreement. More specifically, Sylvester stated to several officers that he was not bound by the Confidentiality Provision contained in Rinaldi’s settlement agreement because “he didn’t sign it and the village board was not his boss.” 80. Not surprisingly, Sylvester violated the Confidentiality Provision before the ink was even dry on Rinaldi’s settlement agreement. Upon information and belief, Sylvester had several friends employed by News 12, a local Hudson Valley cable news station, including a specific reporter. Upon further information and belief, despite the Confidentiality Provision, Sylvester intended to disclose the disciplinary charges against Rinaldi to the press before the Village signed its settlement agreement with Rinaldi. 81. On the day of Rinaldi’s resignation, Sylvester learned that Rinaldi had received an employment offer from the Greenburgh Police Department. On information and belief, that same day, Sylvester disclosed to the News 12 reporter Rinaldi’s settlement with the Village, the nature 17 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 67 RECEIVED NYSCEF: 01/09/2024 of the disciplinary charges against him (including drug use), and that Rinaldi was intending to work for the Greenburgh Police Department 82. Upon information and belief, before News 12 received documents from the Village regarding Rinaldi under the Freedom of Information Law, the News 12 reporter contacted members of