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FILED: QUEENS COUNTY CLERK 11/03/2023 04:00 PM INDEX NO. 715899/2023
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-----------------------------------------------------------------------------------X INDEX NO.:
MICHAEL ALONSO, 715899/2023
PLAINTIFF
PLAINTIFF, PROPOSED
FIRST
AMENDED
-against-
COMPLAINT
NEW YORK CITY HEALTH AND HOSPITAL CORPORATION ;
HELEN ORTEGA; MICHAEL MILLINEK; JUAN CHECO;
TANYA MOORE; and SIXTO VALENTIN;
DEFENDANTS.
---._________________
_____-___________________________Ç
The plaintiff, by and through his S. sets forth the
attorney Gary Fish, Esq., following
as his proposed First Amended Complaint herein.
AS AND FOR A FIRST CAUSE OF ACTION:
(HOSTILE WORK ENVIRONMENT)
1. From on or about 2001, up to and including 2010, plaintiff was then
employed with New York City Health and Hospital Corporation ("NYCHHC"), as a
Detective, and from on or about 2010 until his on or about 12-1-22 resignation with
NYCHHC he was employed as a Sergeant. and defendant NYCHHC which
exercised dominion, possession, and/or control over defendant Helen on
Ortega,
information and Chief Executive Officer and over defendant
belief, (CEO),
Michael Millinek, Chief Operating Officer (COO), and over defendant Sixto Valentin,
Captain, ,
and over defendant Tanya Moore, Chief, and each of the named
defendants herein, at all times relevant herein, acted in a managerial and/or
capacity
authorized and/or directed and/or ratified each of the below described acts of
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gu T m..g."n¬.a u W."". ". u unI u .
h"..A-In.I.g. d.u
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wrongdoing, which were all committed within the scope of and/or
agency authority and/or
employment on behalf of defendant NYCHHC, which also
expressly and/or
impliedly ratified
each below described act of herein.
wrongdoing
2. At all times relevant from on or 2001-
herein, about December 2022, and
1, up
to and the plaintiff belonged a protected
including present, to class, as an Caucasian-American
Male, who suffered from an Epileptic and who was under
Condition, protected the American with
Disabilities Act (ADA) and each act of herein
wrongdoing after described was substantially
motivated by and/or gender bias and/or
racially discriminatory bias against people suffering
from medical disabilities and animus therein existed against
herein, the plaintiff herein.
3. The defendants, and each of from on or about June 2022 and
them, 1, up to
including
on or about December 2022, and at all times relevant created
1,
herein, and/or maintained
and/or implemented and/or engaged in a hostile, and/or harassing, and/or degrading and/or
retaliatory work environment directed against the without bona fide occupational
plaintiff, any
qualification and/or purpose and/or without just cause and/or without business justification, in
one or more of the in On or about June
following ways, that:
(a) 1, 2022, plaintiff interviewed
for the Director's job with defendant Chief Tany a Moore, which said job was awarded to an
African-American male individual with less and/or experience than the Caucasian
seniority
plaintiff , resulting in loss of economic benefits to the plaintiff;
(b) defendant Chief Tanya Moore confiscated plaintiff's personal property,
including his police memo book, without notice and an to be and
opportunity heard, thereby
substantially engaged in conduct detrimental to police functions and plaintiff to
exposing
foreseeable loss of evidence and/or witnesses, and further plaintiff to
exposing foreseeably
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and/or criminal
disciplinary sanctions, for
being without his police memo books; (
c )
On or
about June 2022, plaintiff interviewed for
1, the Lieutenant's job with defendant Chief Tanya
Moore, which said job was awarded to an Hispanic individual, Sergeant Morales on or about
August 2022, who had less experience and than
seniority the Caucasian plaintiff (d) defendant
Chief Tanya Moore, retaliated against the plaintiff, and criticized him for
failing
to arrest a
handicapped hospital patient who had slapped and/or
previously assaulted nurses, when said
handicapped individual was in the process of being transported by plaintiff, to a police precinct,
when he complained of and plaintiff
fainting spells, transported this individual back to the
hospital, and defendant Moore accused him of insubordination therefor; ( e )
defendant
Chief Tanya Moore, accused plaintiff of insubordination because within
he, his province and
discretion, gave Officer Brewster time and defendant Valentin admitted to the plaintifT
off,
out"
that defendant Chief Tanya Moore did not like plaintiff and that "she had it for the plaintiff;
f the on or about March
( ) plaintiff, 2022, interviewed for the position of and although
Chief,
he was more qualified and had more position was
seniority, this
subsequently awarded to
defendant Tanya Moore, an African-American Female; and although plaintiff had
(g) seniority,
he was demoted to the midnight work from
shift, 400PM-midnight, resulting in loss of economic
and overtime benefits to the plaintiff.
4. The aforesaid conduct was egregious, wanton, and/or was calculated
willful, oppressive,
to and did result in loss of rights to the and the defendants
property plaintiff, are liable for
punitive and damages as a result thereof.
exemplary
defendants'
5. As a result of hostile work environment against plaintiff which was
,
substantial, and/or continuous and/or ratified the defendants was caused
by herein, plaintiff
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to sustain and will sustain, loss of earnings, and/or loss of earning capacity, which will long
continue, loss of work promotional opportunities, and incurred and will in cur reasonable
attorney fees and costs.
defendants'
6. As a result of hostile work environment against plaintiff, plaintiff was
caused to sustain increased blood pressure, sustained increased episodes of epileptic seizures,
which were greater in
intensity and frequency due to said hostile work environment, sustained
emotional pain and suffering, which will long continue, sustained injuries to his head, neck, back,
and body, which will
long continue.
7. Plaintiff (then claimant) timely and properly served a notice of claim on the relevant
parties herein.
8. From on or about 12-1-22, and at all times relevant herein and including prior thereto,
the defendants, and each of them, had actual knowledge of each and every act of wrongdoing
herein alleged to have been committed by each defendant herein.
9. Plaintiff (then claimant) 50-h hearing, which was initially
held on 3-9-23, but was then
adjourned because plaintiff (then claimant)
experienced an epileptic attack
during his 3-9-23
50-h hearing, was in fact, held and completed on 8-1-23, and plaintiff has fulfilled any and all
conditions precedent to
bringing the subject lawsuit herein.
AS AND FOR A SECOND CAUSE OF ACTION:
(CONVERSION)
10. Plaintiff herewith repeats, restates and realleges Paragraphs 1-9 herein above.
11. The aforesaid conduct of defendant Chief Tanya Moore, occurring on or about
11-30-22, expressly and/or impliedly ratified
by all defendants herein, constituted a substantial
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exercise of dominion, possession and/or control over plaintiff's then interest
existing possessory
in his personal property, including his police memo book and/or and/or including his
computer and/or including his
laptop and/or including his personal effects, from on or about
11-30-2022, up to and including the present, without privilege and/or justification, and
defendants are liable for conversion.
Defendants'
12. conversion was egregious, wanton, oppressive, heinous, was calculated
defendants'
to and did result in loss of property rights
belonging to plaintiff, and are liable
for punitive and exemplary damages as a result thereof.
defendants'
13. As a result of conversion, the plaintiff incurred reasonable attorney fees and
costs.
defendants'
14. As a result of conversion, defendants are liable for pre-judgment interest
at the maximum rate prevailing under New York law.
Preview
FILED: QUEENS COUNTY CLERK 11/03/2023 04:00 PM INDEX NO. 715899/2023 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -----------------------------------------------------------------------------------X INDEX NO.: MICHAEL ALONSO, 715899/2023 PLAINTIFF PLAINTIFF, PROPOSED FIRST AMENDED -against- COMPLAINT NEW YORK CITY HEALTH AND HOSPITAL CORPORATION ; HELEN ORTEGA; MICHAEL MILLINEK; JUAN CHECO; TANYA MOORE; and SIXTO VALENTIN; DEFENDANTS. ---._________________ _____-___________________________Ç The plaintiff, by and through his S. sets forth the attorney Gary Fish, Esq., following as his proposed First Amended Complaint herein. AS AND FOR A FIRST CAUSE OF ACTION: (HOSTILE WORK ENVIRONMENT) 1. From on or about 2001, up to and including 2010, plaintiff was then employed with New York City Health and Hospital Corporation ("NYCHHC"), as a Detective, and from on or about 2010 until his on or about 12-1-22 resignation with NYCHHC he was employed as a Sergeant. and defendant NYCHHC which exercised dominion, possession, and/or control over defendant Helen on Ortega, information and Chief Executive Officer and over defendant belief, (CEO), Michael Millinek, Chief Operating Officer (COO), and over defendant Sixto Valentin, Captain, , and over defendant Tanya Moore, Chief, and each of the named defendants herein, at all times relevant herein, acted in a managerial and/or capacity authorized and/or directed and/or ratified each of the below described acts of -1- 1 of 8 FILED: QUEENS COUNTY CLERK 11/03/2023 04:00 PM INDEX NO. 715899/2023 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2023 gu T m..g."n¬.a u W."". ". u unI u . h"..A-In.I.g. d.u Nd. .u wrongdoing, which were all committed within the scope of and/or agency authority and/or employment on behalf of defendant NYCHHC, which also expressly and/or impliedly ratified each below described act of herein. wrongdoing 2. At all times relevant from on or 2001- herein, about December 2022, and 1, up to and the plaintiff belonged a protected including present, to class, as an Caucasian-American Male, who suffered from an Epileptic and who was under Condition, protected the American with Disabilities Act (ADA) and each act of herein wrongdoing after described was substantially motivated by and/or gender bias and/or racially discriminatory bias against people suffering from medical disabilities and animus therein existed against herein, the plaintiff herein. 3. The defendants, and each of from on or about June 2022 and them, 1, up to including on or about December 2022, and at all times relevant created 1, herein, and/or maintained and/or implemented and/or engaged in a hostile, and/or harassing, and/or degrading and/or retaliatory work environment directed against the without bona fide occupational plaintiff, any qualification and/or purpose and/or without just cause and/or without business justification, in one or more of the in On or about June following ways, that: (a) 1, 2022, plaintiff interviewed for the Director's job with defendant Chief Tany a Moore, which said job was awarded to an African-American male individual with less and/or experience than the Caucasian seniority plaintiff , resulting in loss of economic benefits to the plaintiff; (b) defendant Chief Tanya Moore confiscated plaintiff's personal property, including his police memo book, without notice and an to be and opportunity heard, thereby substantially engaged in conduct detrimental to police functions and plaintiff to exposing foreseeable loss of evidence and/or witnesses, and further plaintiff to exposing foreseeably -2- 2 of 8 FILED: QUEENS COUNTY CLERK 11/03/2023 04:00 PM INDEX NO. 715899/2023 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2023 and/or criminal disciplinary sanctions, for being without his police memo books; ( c ) On or about June 2022, plaintiff interviewed for 1, the Lieutenant's job with defendant Chief Tanya Moore, which said job was awarded to an Hispanic individual, Sergeant Morales on or about August 2022, who had less experience and than seniority the Caucasian plaintiff (d) defendant Chief Tanya Moore, retaliated against the plaintiff, and criticized him for failing to arrest a handicapped hospital patient who had slapped and/or previously assaulted nurses, when said handicapped individual was in the process of being transported by plaintiff, to a police precinct, when he complained of and plaintiff fainting spells, transported this individual back to the hospital, and defendant Moore accused him of insubordination therefor; ( e ) defendant Chief Tanya Moore, accused plaintiff of insubordination because within he, his province and discretion, gave Officer Brewster time and defendant Valentin admitted to the plaintifT off, out" that defendant Chief Tanya Moore did not like plaintiff and that "she had it for the plaintiff; f the on or about March ( ) plaintiff, 2022, interviewed for the position of and although Chief, he was more qualified and had more position was seniority, this subsequently awarded to defendant Tanya Moore, an African-American Female; and although plaintiff had (g) seniority, he was demoted to the midnight work from shift, 400PM-midnight, resulting in loss of economic and overtime benefits to the plaintiff. 4. The aforesaid conduct was egregious, wanton, and/or was calculated willful, oppressive, to and did result in loss of rights to the and the defendants property plaintiff, are liable for punitive and damages as a result thereof. exemplary defendants' 5. As a result of hostile work environment against plaintiff which was , substantial, and/or continuous and/or ratified the defendants was caused by herein, plaintiff -3- 3 of 8 FILED: QUEENS COUNTY CLERK 11/03/2023 04:00 PM INDEX NO. 715899/2023 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2023 to sustain and will sustain, loss of earnings, and/or loss of earning capacity, which will long continue, loss of work promotional opportunities, and incurred and will in cur reasonable attorney fees and costs. defendants' 6. As a result of hostile work environment against plaintiff, plaintiff was caused to sustain increased blood pressure, sustained increased episodes of epileptic seizures, which were greater in intensity and frequency due to said hostile work environment, sustained emotional pain and suffering, which will long continue, sustained injuries to his head, neck, back, and body, which will long continue. 7. Plaintiff (then claimant) timely and properly served a notice of claim on the relevant parties herein. 8. From on or about 12-1-22, and at all times relevant herein and including prior thereto, the defendants, and each of them, had actual knowledge of each and every act of wrongdoing herein alleged to have been committed by each defendant herein. 9. Plaintiff (then claimant) 50-h hearing, which was initially held on 3-9-23, but was then adjourned because plaintiff (then claimant) experienced an epileptic attack during his 3-9-23 50-h hearing, was in fact, held and completed on 8-1-23, and plaintiff has fulfilled any and all conditions precedent to bringing the subject lawsuit herein. AS AND FOR A SECOND CAUSE OF ACTION: (CONVERSION) 10. Plaintiff herewith repeats, restates and realleges Paragraphs 1-9 herein above. 11. The aforesaid conduct of defendant Chief Tanya Moore, occurring on or about 11-30-22, expressly and/or impliedly ratified by all defendants herein, constituted a substantial -4- 4 of 8 FILED: QUEENS COUNTY CLERK 11/03/2023 04:00 PM INDEX NO. 715899/2023 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 11/03/2023 exercise of dominion, possession and/or control over plaintiff's then interest existing possessory in his personal property, including his police memo book and/or and/or including his computer and/or including his laptop and/or including his personal effects, from on or about 11-30-2022, up to and including the present, without privilege and/or justification, and defendants are liable for conversion. Defendants' 12. conversion was egregious, wanton, oppressive, heinous, was calculated defendants' to and did result in loss of property rights belonging to plaintiff, and are liable for punitive and exemplary damages as a result thereof. defendants' 13. As a result of conversion, the plaintiff incurred reasonable attorney fees and costs. defendants' 14. As a result of conversion, defendants are liable for pre-judgment interest at the maximum rate prevailing under New York law.