Preview
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
Exhibit B
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
LOUIS R. RINALDI and ANDREA K. ZAM-
BRANO,
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 Vil- SECOND AMENDED
lage of Ossining, EMILY HIRSHOWITZ, in her per- COMPLAINT
sonal capacity and in her capacity as a Police Officer
for the Village of Ossining, STUART KAHAN, in his JURY DEMANDED
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 COMPENSA-
TORY 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
X
LOUIS R. RINALDI AND ANDREA K. ZAMBRANO Index No.: 63367/2023
Plaintiffs, AMENDED
VERIFIED COMPLAINT
-against-
THE VILLAGE OF OSSINING,
KEVIN SYLVESTER, in his capacity of Chief of Police of the
Village of Ossining, RIKA LEVIN, in her capacity as
Mayor of the Village of Ossining, OMAR LOPEZ
in his capacity as Deputy Mayor of the Village
of Ossining, ROBERT FRITSCHE, DANA WHITE,
MANUEL QUEZADA, in
Plaintiffs Louis R. Rinaldi (“Rinaldi”) and Andrea K. Zambrano (“Zambrano”) (collectively,
“Plaintiffs”), by and through their respective capacity as
Board Members of the Village of Ossining,
KAREN D’ATTORE in her capacity as VILLAGE MANAGER,
and STUART KAHAN, in his capacity as CORPORATION
COUNSEL
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
Defendants.
____________________________________________________X
Plaintiffsundersigned counsel, Abrams Fensterman, LOUIS RINALDI and ANDREA K.
ZAMBRANO, by their attorneys, GEORGE HRITZ, of Bartels & Feureisen, LLP and the Law Offices
of MichaelMICHAEL G. SantangeloSANTANGELO, PLLC, respectfully allege as follows: ., as and
for their Amended Verified Complaint, submitted within twenty (20) days of receiving their first service of
a pleading responding to it (see CPLR 3025(a)), herein allege the following:
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”). In-
deed, 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 serv-
ant who was deeply committed to the Village and its residents.
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 (“Trus-
tees”). They regularly touted his service as exemplary and uniformly supported his actions in run-
ning 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
2
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
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. Ordi-
narily, 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 “rea-
sonably 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.
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 of-
ficers 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.
3
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
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 rela-
tionship, 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 con-
duct. 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
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.
4
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
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 repeat-
edly 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 set-
tlements, 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
officers. In doing so, Sylvester impugned Plaintiffs’ mental health, forced them to undergo psy-
chiatric 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 do-
mestic 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, Hir-
showitz. Hirschowitz is presently being criminally prosecuted by the Westchester County District
5
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
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 ob-
serve 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 em-
ployees’ 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) vio-
lated well-established constitutional due process safeguards that protect a person’s state employ-
ment. 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
6
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
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 Westches-
ter 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
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.
7
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
26. At all times relevant to this action, Kahan was the corporation counsel for the Vil-
lage. 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.
1. At all times relevant to this action, the Village was and remains That at all times
hereinafter mentioned, the Plaintiffs, LOUIS R. RINALDI and ANDREA K. ZAMBRANO,
were and still are residents of the County of Westchester, State of New York.
2.28. That at all times hereinafter mentioned, upon information and belief, the Defendant,
THE VILLAGE OF OSSINING (“VILLAGE”), was and still is a municipal corporation organized
and existing under and by virtue of the lawsLaws of New Yorkthe 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. of New York. It conducts business within the County of Westchester.
3. That at all times hereinafter mentioned, defendant KEVIN SYLVESTER (“SYL-
VESTER”) was and remains the appointed Chief of Police for the Village of Ossining Police
Department (VOPD).
4. That at all times hereinafter mentioned, defendant STUART KAHAN, ESQ.
(”KAHAN”) was and remains Corporation Counsel for the Village of Ossining.
5. That at all times hereinafter mentioned, as concerns Plaintiff, Louis R. Rinaldi,
defendants, RIKA LEVIN, MANUEL QUEZADA, ROBERT FRITSCHE, OMAR LOPEZ,
were and remain members of the Village a Board for the Village of Ossining.
8
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
6. That at all times hereinafter mentioned, as concerns Plaintiff, Louis R. Rinaldi,
defendant, KAREN D’ATTORE, was and remains the Village Manager for the Village of Os-
sining.
7. That on August 3, 2015, Plaintiff, LOUIS R RINALDI, was hired by the Village
of Ossining as a police officer.
8. That on August 1, 2016, Plaintiff, ANDREA K. ZAMBRANO, was hired by the
Village of Ossining as a police officer.
JURISDICTION
9. The Plaintiffs reside within the County of Westchester, where this controversy
arose, giving this Honorable Court Jurisdiction over this matter.
THE FACTUAL ALLEGATIONS AS TO CHIEF KEVIN SYLVESTER
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.
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
9
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
information and belief, Sylvester contacted several police officials in Westchester County to dis-
suade 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.
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 wit-
nesses 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 Syl-
vester’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.
10
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
10. InSince 2016, the Chief of Police for the Village of Ossining, Kevin Sylvester
(“SYLVESTER”), has ruled over subordinate police officers using threats, department orders
that contraindicated medical recommendations, embellished or conjured up departmental
charges, arbitrarily issued suspensions, and state decertification, all with the imprimatur of the
Corporation Counsel, Kahan and the Village Board. Since his appointment, SYLVESTER’S
continuous corrupt actions have made police officers fearful of losing their employ.
11. Indeed, since he had not fulfilled the requirements to become Chief at the time he
initially applied to be the Chief of the Village of Ossining, the Village and/or Town Board, ap-
pointed SYLVESTER Chief of Police pending a later examination.
12. SYLVESTER was appointed Chief of Police for the VILLAGE of Ossining Po-
lice Department on January 1, 2016.
13. Since SYLVESTER’S appointment, there have been a minimum of three harass-
ment and/or discrimination complaints filed with the VILLAGE against him by police officers
in addition to, at a minimum, six Ossining Police Benevolent Association (PBA) grievances.
14. In retaliation for filing grievances and complaints, SYLVESTER has on more
than one occasion used department charges as a tool to force police officers into making an ad-
mission to a disciplinary charge, knowing full well that the VILLAGE, TOWN, and Corpora-
tion Counsel would "rubber stamp" any charge or recommendation of punishment, whether or
not those department charges were supported by any facts and/or evidence. SYLVESTER,
though his conduct, has coerced police officers into pleading guilty to department charges
and/or submitting irrevocable letters of resignation by requesting the respondents be placed on
administrative leave, or immediately suspended without pay and/or medical benefits against the
collective bargaining agreement between the Ossining Police Benevolent Association (PBA)
11
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
and the VILLAGE, being fully aware this would leave them with no choice but to resolve the
matter at their earliest convenience.
15. On or about June 14, 2018, SYLVESTER threatened former police officer Louis
R. Rinaldi with department disciplinary charges, if he did not check into an in-patient rehabilita-
tion facility contrary to the medical recommendation of a physician. SYLVESTER had claimed
on his own that Rinaldi had a “substance abuse problem.” When Rinaldi refused, he was sus-
pended from VOPD.
16. In fear of losing his job, on June 18, 2018, Rinaldi agreed to enter an in-patient
rehabilitation program, “The Freedom Model,” beginning June 25, 2018. Upon his agreement to
enter the program, SYLVESTER immediately lifted the suspension and placed Rinaldi on
“modified duty,” and all pending disciplinary charges were withheld.
17. On or about April 1, 2020, former police officer Zambrano was served with dis-
ciplinary charges and suspended without pay at the beginning of the COVID-19 pandemic, con-
trary to the recommendations of VOPD Internal Affairs Commander, Jeff Giorgio, and Lieuten-
ant Aaron Zimmerman, who previously reported to SYLVESTER that there was insufficient ev-
idence to support department charges.
18. On or about April 1, 2020, former police officer Zambrano was suspended with-
out pay by the VILLAGE, although the action to do so, along with termination, was discussed
and agreed upon as early as November 13, 2019, with Corporation Counsel Stuart Kahan, ap-
proximately five (5) months prior to any disciplinary charges being brought against her.
19. On or about February 2, 2021, SYLVESTER served former police officer An-
drew Pavone (PAVONE), the best man at his wedding and Godfather of his child, with depart-
mental disciplinary charges and requested that he be placed on administrative leave for an
12
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
incident that was investigated, found to be without merit, and closed by the Westchester County
District Attorney’s Office (Police Integrity Investigation-2020PU-0016), on October 20, 2020.
20. On or about March 11, 2021, former police officer Pavone signed an irrev-
ocable letter of resignation from the VOPD that would to be effective on the date
of his 20th year anniversary of his service and forfeited 30 days of pay. The set-
tlement states that, [uagreement entered between the VILLAGE and Pavone fur-
ther stated: "[U]pon submitting his resignation, Officer Pavone shall be deemed a
retiree in good standing.”."
21. Subsequently, Sylvester On the anniversary of Pavone’s 20th year of service
and on the date in which his resignation was effective, August 17, 2022, SYL-
VESTER had learned that Pavone intended to seek employment as a part-time em-
ployment with police officer at 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 Fully aware of
Pavone's intentions, SYLVESTER submitted a request to the State of New York
to decertify Pavone as a police officer. That decertification blocked Pavone’s abil-
ity, which was successful, as was his request to gain part-time police employment
elsewhere. Upon further information and belief, Sylvester also successfully termi-
nated Pavone’scut his medical benefits, which that were setdue to continue, after
hisPavone's retirement from the VOPD.
• Edward Walker (“Walker”): In April 2022, Sylvester served veteran VOPD de-
tective Walker with disciplinary charges and placed him on administrative leave.
Upon information and belief, those disciplinary charges were bolstered by infor-
mation 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
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.
13
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
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 com-
pete 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 super-
visors and other VOPD superiors.
22. In November 2017, Rinaldi was accepted as a transfer candidate by theIn 2021,
former police officer Marvese Renalls (RENALLS) was coerced into retiring as a direct result
of SYLVESTER’S relentless hostile work conditions imposed on her for several years. Renalls
14
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
filed a formal harassment complaint against SYLVESTER, along with multiple grievances that
the VILLAGE continuously disregarded.
23. In 2022, Detective Edward Walker (WALKER) like Pavone, was served with de-
partment charges and coerced into signing an irrevocable letter of resignation to be effective on
the date of his 20th year of service, which is believed to be December 6, 2024, and additionally
to forfeit 35 days of leave plus an additional 104 hours of “holiday” paid time.
24. On numerous occasions, and more specifically, on June 14, 2022, SYLVESTER
has expressed openly at VOPD and in closed door meetings that he believed Rinaldi has “hired
a private investigator to follow him.” SYLVESTER additionally made statements in front of nu-
merous officers to the effect that "if the Rinaldis' want to go to war, we will go to war," since "I
have deeper pockets than them. I know Louis (Plaintiff Rinaldi) is behind this and he will pay."
25. In a mandatory, “all hands-on deck” VOPD meeting on August 23, 2022, SYL-
VESTER, together with board members of the VILLAGE, led departmental personnel to be-
lieve that Rinaldi was sending police officer Emily Hirshowitz, a patrol officer with whom
SYLVESTER was having an ongoing sexual relationship, “disturbing texts.” SYLVESTER
frivolously, conducted an internal investigation and thereafter, conspiring with HIRSHOWITZ,
filed a complaint with the Westchester County District Attorney’s Office, asking the District At-
torney's Office to investigate Rinaldi, despite having no evidence to support his accusations
against Rinaldi.
26. Sylvester, in the presence of PBA attorney, Keith Byron, Esq., conducted numer-
ous interviews of police officers, directly asking each officer if they were aware that Officer
Rinaldi was sending the texts to Officer Emily Hirshowitz.
27. On June 28, 2023, Officer Hirshowitz was arraigned in Westchester County
15
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
Court on seven criminal charges, including three felony charges of Falsely Offering a False In-
strument for Filing. This was as a direct result of Officer Hirshowitz being found to have sent
the text messages, that she and Sylvester had accused Rinaldi of sending to herself.
28. Despite being charged with a felony, more specifically attempting to set up
Plaintiff Rinaldi to be arrested, no disciplinary charges have been brought against Officer Emily
Hirshowitz.
29. Despite being charged with a felony, more specifically attempting to set up
Plaintiff Rinaldi to be arrested, Hirshowitz continues to be paid by the Village of Ossining.
30. In fact, in addition to filing a complaint with the District Attorney of the County
of Westchester, Sylvester told the VILLAGE, in June 2023, that Hirshowitz had been set up by
Plaintiffs Rinaldi and Zambrano and personally recommended that Hirshowitz not be suspended
without pay.
31. During the entire time of this investigation and even upon being notified that Of-
ficer Hirshowitz would be charged with a felony, and even after the felony charges were filed,
alleging that Hirshowitz had sent the emails to herself, unlike Plaintiffs, Officer Hirshowitz con-
tinued to receive her pay and medical benefits.
32. Prior to SYLVESTER filing the 2022 complaint concerning Rinaldi with the
Westchester County District Attorney’s Office, SYLVESTER had also previously made similar
allegations against Zambrano, in 2020, when she was suspended without pay awaiting a disci-
plinary hearing with the Village Board. SYLVESTER openly made remarks to members of the
PBA and the VILLAGE, along the lines of, “you really didn’t think I would go after Zambrano
for working too many hours?” and additionally accusing Zambrano of sending patrol officer
Emily Hirshowitz and the VILLAGE harassing communications.
16
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
33. SYLVESTER, who is also an attorney duly admitted to practice before the
Courts of the State of New York, and who has several pending grievances against him, has or-
chestrated numerous acts of public corruption in concert with the VILLAGE, his subordinates,
and other attorneys, and participated in unethical and criminal activity during his time as Chief
of Police.
34. Recently discovered in the documents turned over pursuant to a FOIL request,
the personal vehicles of former police officer Zambrano were tracked via the automated license
plate reader system for a continuous period in excess of two and half years, at the direction of
SYLVESTER, attempting to stalk her individual whereabouts. Such tracking served no legiti-
mate purpose and constituted an invasion of privacy of Plaintiff Zambrano and potentially other
individuals who also used her vehicle over that time period, some of whom were not employed
by the VILLAGE.
35. In an additional release of Freedom of Information Law documents, pursuant to a
FOIL request, it was also discovered that SYLVESTER used the automated license plate reader
to track the continuous whereabouts of detective Edward Walker’s (WALKER) vehicle. The in-
formation obtained from illegally accessing the license plate database was then used to serve
Walker with department disciplinary charges on April 20, 2022.
36. On April 20, 2022, Detective Walker was placed on administrative leave, where
he proceeded to a hearing in a "kangaroo court" in front of the VILLAGE BOARD on June 23,
2022, July 7th, and 14th, 2022. Walker settled the matter by entering into an agreement that re-
quired he forfeit 35 days of leave plus an additional 104 hours of “holiday” paid time. In this
same agreement SYLVESTER also demanded that Walker “actively pursue his disability and
retirement.” Like Pavone, Walker was forced to sign an irrevocable letter of resignation to be
17
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
effective on the anniversary of his 20th year of service which is believed to be December 6,
2024.
37. As President of the Westchester County Chief's Association Executive Board of
the New York State Association of Chiefs of Police and President of the New York State Police
Association, Sylvester wielded an incredible amount of power and influence over his fellow
Chiefs of Police.
38. SYLVESTER specifically advised the Chiefs of the various Police Departments
of Westchester County not to hire Rinaldi, who was previously accepted as a transfer to
Westchester County Department of Public Safety and resigned from the VOPD. But he ulti-
mately rescinded his resignation and declined to transferin 2017, and was accepted as a transfer
candidate to the Greenburgh Police Department in 2022, as revenge for Officer Rinaldi filing a
complaint against the Chief.
39.42. SYLVESTER also advised Police Department Chiefs of Westchester County not
to hire Zambrano, who was accepted as a transfer candidate to the Westchester County Department
of Public Safety because his father was having health difficulties and Rinaldi needed to be geo-
graphically close to care for himin 2020 and was a prospective transfer candidate for Greenburgh
Police Department in 2021. Zambrano's first interview was January 28, 2020.
43. The following year, in June 2018, Rinaldi was surprised and confused when Syl-
vester 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.
18
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023
NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024
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 rehabilita-
tion center, Sylvester placed him on administrative leave pending disciplinary charges and then
subsequently suspended him.
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 Syl-
vester 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.
Preview
FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 Exhibit B FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER LOUIS R. RINALDI and ANDREA K. ZAM- BRANO, 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 Vil- SECOND AMENDED lage of Ossining, EMILY HIRSHOWITZ, in her per- COMPLAINT sonal capacity and in her capacity as a Police Officer for the Village of Ossining, STUART KAHAN, in his JURY DEMANDED 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 COMPENSA- TORY 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 X LOUIS R. RINALDI AND ANDREA K. ZAMBRANO Index No.: 63367/2023 Plaintiffs, AMENDED VERIFIED COMPLAINT -against- THE VILLAGE OF OSSINING, KEVIN SYLVESTER, in his capacity of Chief of Police of the Village of Ossining, RIKA LEVIN, in her capacity as Mayor of the Village of Ossining, OMAR LOPEZ in his capacity as Deputy Mayor of the Village of Ossining, ROBERT FRITSCHE, DANA WHITE, MANUEL QUEZADA, in Plaintiffs Louis R. Rinaldi (“Rinaldi”) and Andrea K. Zambrano (“Zambrano”) (collectively, “Plaintiffs”), by and through their respective capacity as Board Members of the Village of Ossining, KAREN D’ATTORE in her capacity as VILLAGE MANAGER, and STUART KAHAN, in his capacity as CORPORATION COUNSEL FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 Defendants. ____________________________________________________X Plaintiffsundersigned counsel, Abrams Fensterman, LOUIS RINALDI and ANDREA K. ZAMBRANO, by their attorneys, GEORGE HRITZ, of Bartels & Feureisen, LLP and the Law Offices of MichaelMICHAEL G. SantangeloSANTANGELO, PLLC, respectfully allege as follows: ., as and for their Amended Verified Complaint, submitted within twenty (20) days of receiving their first service of a pleading responding to it (see CPLR 3025(a)), herein allege the following: 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”). In- deed, 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 serv- ant who was deeply committed to the Village and its residents. 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 (“Trus- tees”). They regularly touted his service as exemplary and uniformly supported his actions in run- ning 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 2 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 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. Ordi- narily, 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 “rea- sonably 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. 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 of- ficers 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. 3 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 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 rela- tionship, 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 con- duct. 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 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. 4 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 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 repeat- edly 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 set- tlements, 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 officers. In doing so, Sylvester impugned Plaintiffs’ mental health, forced them to undergo psy- chiatric 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 do- mestic 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, Hir- showitz. Hirschowitz is presently being criminally prosecuted by the Westchester County District 5 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 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 ob- serve 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 em- ployees’ 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) vio- lated well-established constitutional due process safeguards that protect a person’s state employ- ment. 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 6 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 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 Westches- ter 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 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. 7 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 26. At all times relevant to this action, Kahan was the corporation counsel for the Vil- lage. 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. 1. At all times relevant to this action, the Village was and remains That at all times hereinafter mentioned, the Plaintiffs, LOUIS R. RINALDI and ANDREA K. ZAMBRANO, were and still are residents of the County of Westchester, State of New York. 2.28. That at all times hereinafter mentioned, upon information and belief, the Defendant, THE VILLAGE OF OSSINING (“VILLAGE”), was and still is a municipal corporation organized and existing under and by virtue of the lawsLaws of New Yorkthe 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. of New York. It conducts business within the County of Westchester. 3. That at all times hereinafter mentioned, defendant KEVIN SYLVESTER (“SYL- VESTER”) was and remains the appointed Chief of Police for the Village of Ossining Police Department (VOPD). 4. That at all times hereinafter mentioned, defendant STUART KAHAN, ESQ. (”KAHAN”) was and remains Corporation Counsel for the Village of Ossining. 5. That at all times hereinafter mentioned, as concerns Plaintiff, Louis R. Rinaldi, defendants, RIKA LEVIN, MANUEL QUEZADA, ROBERT FRITSCHE, OMAR LOPEZ, were and remain members of the Village a Board for the Village of Ossining. 8 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 6. That at all times hereinafter mentioned, as concerns Plaintiff, Louis R. Rinaldi, defendant, KAREN D’ATTORE, was and remains the Village Manager for the Village of Os- sining. 7. That on August 3, 2015, Plaintiff, LOUIS R RINALDI, was hired by the Village of Ossining as a police officer. 8. That on August 1, 2016, Plaintiff, ANDREA K. ZAMBRANO, was hired by the Village of Ossining as a police officer. JURISDICTION 9. The Plaintiffs reside within the County of Westchester, where this controversy arose, giving this Honorable Court Jurisdiction over this matter. THE FACTUAL ALLEGATIONS AS TO CHIEF KEVIN SYLVESTER 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. 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 9 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 information and belief, Sylvester contacted several police officials in Westchester County to dis- suade 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. 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 wit- nesses 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 Syl- vester’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. 10 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 10. InSince 2016, the Chief of Police for the Village of Ossining, Kevin Sylvester (“SYLVESTER”), has ruled over subordinate police officers using threats, department orders that contraindicated medical recommendations, embellished or conjured up departmental charges, arbitrarily issued suspensions, and state decertification, all with the imprimatur of the Corporation Counsel, Kahan and the Village Board. Since his appointment, SYLVESTER’S continuous corrupt actions have made police officers fearful of losing their employ. 11. Indeed, since he had not fulfilled the requirements to become Chief at the time he initially applied to be the Chief of the Village of Ossining, the Village and/or Town Board, ap- pointed SYLVESTER Chief of Police pending a later examination. 12. SYLVESTER was appointed Chief of Police for the VILLAGE of Ossining Po- lice Department on January 1, 2016. 13. Since SYLVESTER’S appointment, there have been a minimum of three harass- ment and/or discrimination complaints filed with the VILLAGE against him by police officers in addition to, at a minimum, six Ossining Police Benevolent Association (PBA) grievances. 14. In retaliation for filing grievances and complaints, SYLVESTER has on more than one occasion used department charges as a tool to force police officers into making an ad- mission to a disciplinary charge, knowing full well that the VILLAGE, TOWN, and Corpora- tion Counsel would "rubber stamp" any charge or recommendation of punishment, whether or not those department charges were supported by any facts and/or evidence. SYLVESTER, though his conduct, has coerced police officers into pleading guilty to department charges and/or submitting irrevocable letters of resignation by requesting the respondents be placed on administrative leave, or immediately suspended without pay and/or medical benefits against the collective bargaining agreement between the Ossining Police Benevolent Association (PBA) 11 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 and the VILLAGE, being fully aware this would leave them with no choice but to resolve the matter at their earliest convenience. 15. On or about June 14, 2018, SYLVESTER threatened former police officer Louis R. Rinaldi with department disciplinary charges, if he did not check into an in-patient rehabilita- tion facility contrary to the medical recommendation of a physician. SYLVESTER had claimed on his own that Rinaldi had a “substance abuse problem.” When Rinaldi refused, he was sus- pended from VOPD. 16. In fear of losing his job, on June 18, 2018, Rinaldi agreed to enter an in-patient rehabilitation program, “The Freedom Model,” beginning June 25, 2018. Upon his agreement to enter the program, SYLVESTER immediately lifted the suspension and placed Rinaldi on “modified duty,” and all pending disciplinary charges were withheld. 17. On or about April 1, 2020, former police officer Zambrano was served with dis- ciplinary charges and suspended without pay at the beginning of the COVID-19 pandemic, con- trary to the recommendations of VOPD Internal Affairs Commander, Jeff Giorgio, and Lieuten- ant Aaron Zimmerman, who previously reported to SYLVESTER that there was insufficient ev- idence to support department charges. 18. On or about April 1, 2020, former police officer Zambrano was suspended with- out pay by the VILLAGE, although the action to do so, along with termination, was discussed and agreed upon as early as November 13, 2019, with Corporation Counsel Stuart Kahan, ap- proximately five (5) months prior to any disciplinary charges being brought against her. 19. On or about February 2, 2021, SYLVESTER served former police officer An- drew Pavone (PAVONE), the best man at his wedding and Godfather of his child, with depart- mental disciplinary charges and requested that he be placed on administrative leave for an 12 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 incident that was investigated, found to be without merit, and closed by the Westchester County District Attorney’s Office (Police Integrity Investigation-2020PU-0016), on October 20, 2020. 20. On or about March 11, 2021, former police officer Pavone signed an irrev- ocable letter of resignation from the VOPD that would to be effective on the date of his 20th year anniversary of his service and forfeited 30 days of pay. The set- tlement states that, [uagreement entered between the VILLAGE and Pavone fur- ther stated: "[U]pon submitting his resignation, Officer Pavone shall be deemed a retiree in good standing.”." 21. Subsequently, Sylvester On the anniversary of Pavone’s 20th year of service and on the date in which his resignation was effective, August 17, 2022, SYL- VESTER had learned that Pavone intended to seek employment as a part-time em- ployment with police officer at 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 Fully aware of Pavone's intentions, SYLVESTER submitted a request to the State of New York to decertify Pavone as a police officer. That decertification blocked Pavone’s abil- ity, which was successful, as was his request to gain part-time police employment elsewhere. Upon further information and belief, Sylvester also successfully termi- nated Pavone’scut his medical benefits, which that were setdue to continue, after hisPavone's retirement from the VOPD. • Edward Walker (“Walker”): In April 2022, Sylvester served veteran VOPD de- tective Walker with disciplinary charges and placed him on administrative leave. Upon information and belief, those disciplinary charges were bolstered by infor- mation 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 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. 13 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 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 com- pete 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 super- visors and other VOPD superiors. 22. In November 2017, Rinaldi was accepted as a transfer candidate by theIn 2021, former police officer Marvese Renalls (RENALLS) was coerced into retiring as a direct result of SYLVESTER’S relentless hostile work conditions imposed on her for several years. Renalls 14 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 filed a formal harassment complaint against SYLVESTER, along with multiple grievances that the VILLAGE continuously disregarded. 23. In 2022, Detective Edward Walker (WALKER) like Pavone, was served with de- partment charges and coerced into signing an irrevocable letter of resignation to be effective on the date of his 20th year of service, which is believed to be December 6, 2024, and additionally to forfeit 35 days of leave plus an additional 104 hours of “holiday” paid time. 24. On numerous occasions, and more specifically, on June 14, 2022, SYLVESTER has expressed openly at VOPD and in closed door meetings that he believed Rinaldi has “hired a private investigator to follow him.” SYLVESTER additionally made statements in front of nu- merous officers to the effect that "if the Rinaldis' want to go to war, we will go to war," since "I have deeper pockets than them. I know Louis (Plaintiff Rinaldi) is behind this and he will pay." 25. In a mandatory, “all hands-on deck” VOPD meeting on August 23, 2022, SYL- VESTER, together with board members of the VILLAGE, led departmental personnel to be- lieve that Rinaldi was sending police officer Emily Hirshowitz, a patrol officer with whom SYLVESTER was having an ongoing sexual relationship, “disturbing texts.” SYLVESTER frivolously, conducted an internal investigation and thereafter, conspiring with HIRSHOWITZ, filed a complaint with the Westchester County District Attorney’s Office, asking the District At- torney's Office to investigate Rinaldi, despite having no evidence to support his accusations against Rinaldi. 26. Sylvester, in the presence of PBA attorney, Keith Byron, Esq., conducted numer- ous interviews of police officers, directly asking each officer if they were aware that Officer Rinaldi was sending the texts to Officer Emily Hirshowitz. 27. On June 28, 2023, Officer Hirshowitz was arraigned in Westchester County 15 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 Court on seven criminal charges, including three felony charges of Falsely Offering a False In- strument for Filing. This was as a direct result of Officer Hirshowitz being found to have sent the text messages, that she and Sylvester had accused Rinaldi of sending to herself. 28. Despite being charged with a felony, more specifically attempting to set up Plaintiff Rinaldi to be arrested, no disciplinary charges have been brought against Officer Emily Hirshowitz. 29. Despite being charged with a felony, more specifically attempting to set up Plaintiff Rinaldi to be arrested, Hirshowitz continues to be paid by the Village of Ossining. 30. In fact, in addition to filing a complaint with the District Attorney of the County of Westchester, Sylvester told the VILLAGE, in June 2023, that Hirshowitz had been set up by Plaintiffs Rinaldi and Zambrano and personally recommended that Hirshowitz not be suspended without pay. 31. During the entire time of this investigation and even upon being notified that Of- ficer Hirshowitz would be charged with a felony, and even after the felony charges were filed, alleging that Hirshowitz had sent the emails to herself, unlike Plaintiffs, Officer Hirshowitz con- tinued to receive her pay and medical benefits. 32. Prior to SYLVESTER filing the 2022 complaint concerning Rinaldi with the Westchester County District Attorney’s Office, SYLVESTER had also previously made similar allegations against Zambrano, in 2020, when she was suspended without pay awaiting a disci- plinary hearing with the Village Board. SYLVESTER openly made remarks to members of the PBA and the VILLAGE, along the lines of, “you really didn’t think I would go after Zambrano for working too many hours?” and additionally accusing Zambrano of sending patrol officer Emily Hirshowitz and the VILLAGE harassing communications. 16 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 33. SYLVESTER, who is also an attorney duly admitted to practice before the Courts of the State of New York, and who has several pending grievances against him, has or- chestrated numerous acts of public corruption in concert with the VILLAGE, his subordinates, and other attorneys, and participated in unethical and criminal activity during his time as Chief of Police. 34. Recently discovered in the documents turned over pursuant to a FOIL request, the personal vehicles of former police officer Zambrano were tracked via the automated license plate reader system for a continuous period in excess of two and half years, at the direction of SYLVESTER, attempting to stalk her individual whereabouts. Such tracking served no legiti- mate purpose and constituted an invasion of privacy of Plaintiff Zambrano and potentially other individuals who also used her vehicle over that time period, some of whom were not employed by the VILLAGE. 35. In an additional release of Freedom of Information Law documents, pursuant to a FOIL request, it was also discovered that SYLVESTER used the automated license plate reader to track the continuous whereabouts of detective Edward Walker’s (WALKER) vehicle. The in- formation obtained from illegally accessing the license plate database was then used to serve Walker with department disciplinary charges on April 20, 2022. 36. On April 20, 2022, Detective Walker was placed on administrative leave, where he proceeded to a hearing in a "kangaroo court" in front of the VILLAGE BOARD on June 23, 2022, July 7th, and 14th, 2022. Walker settled the matter by entering into an agreement that re- quired he forfeit 35 days of leave plus an additional 104 hours of “holiday” paid time. In this same agreement SYLVESTER also demanded that Walker “actively pursue his disability and retirement.” Like Pavone, Walker was forced to sign an irrevocable letter of resignation to be 17 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 effective on the anniversary of his 20th year of service which is believed to be December 6, 2024. 37. As President of the Westchester County Chief's Association Executive Board of the New York State Association of Chiefs of Police and President of the New York State Police Association, Sylvester wielded an incredible amount of power and influence over his fellow Chiefs of Police. 38. SYLVESTER specifically advised the Chiefs of the various Police Departments of Westchester County not to hire Rinaldi, who was previously accepted as a transfer to Westchester County Department of Public Safety and resigned from the VOPD. But he ulti- mately rescinded his resignation and declined to transferin 2017, and was accepted as a transfer candidate to the Greenburgh Police Department in 2022, as revenge for Officer Rinaldi filing a complaint against the Chief. 39.42. SYLVESTER also advised Police Department Chiefs of Westchester County not to hire Zambrano, who was accepted as a transfer candidate to the Westchester County Department of Public Safety because his father was having health difficulties and Rinaldi needed to be geo- graphically close to care for himin 2020 and was a prospective transfer candidate for Greenburgh Police Department in 2021. Zambrano's first interview was January 28, 2020. 43. The following year, in June 2018, Rinaldi was surprised and confused when Syl- vester 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. 18 FILED: WESTCHESTER COUNTY CLERK 01/09/2024 04:32 PM INDEX NO. 63367/2023 NYSCEF DOC. NO. 68 RECEIVED NYSCEF: 01/09/2024 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 rehabilita- tion center, Sylvester placed him on administrative leave pending disciplinary charges and then subsequently suspended him. 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 Syl- vester 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.