Preview
FILED: ULSTER COUNTY CLERK 03/12/2024 10:47 AM INDEX NO. EF2024-676
NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2024
In The Matter of The Claim Of:
ANTHONY SCIACCA, VERIFIED NOTICE OF CLAIM
Claimant, PURSUANT TO EDUCATION LAW
§3813
-against-
ULSTER BOCES, MARITA KITCHELL, and
KAREN DRUCKER, in their individual and
official capacities as current or former Ulster
BOCES employees,
Respondents.
To: Ulster BOCES
175 Route 32 North
New Paltz, NY 12561
Karen Drucker Marita Kitchell
179 Breezy Hill Road 1616 Greenville Turnpike
Kingston, NY 12401 Port Jervis, NY 12771
PLEASE TAKE NOTICE that Claimant Anthony Sciacca, residing at 351 Titusville
Road, Poughkeepsie, New York 12603, does hereby make claim against Respondent, Ulster
BOCES. The instant Notice of Claim is timely brought as it is brought within ninety days of the
date when Claimant knew or reasonably should have known of the unlawful conduct of one or
more ulster BOCES employees, as described in this Claim. In support of such claim, Anthony
Sciacca states the following:
PARTIES
1. Claimant, Anthony Sciacca, is an individual residing in Poughkeepsie New York
who was an instructor at Ulster BOCES.
2.
Executive Law §290. Ulster BOCES is an educational organization that provides shared
1
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educational, administrative and technical services to students and adults residing in component
school districts.
3. Marita Kitchell and Karen Drucker were employees of Ulster BOCES at all relevant
times and were involved in the processing of
STATEMENT OF FACTS
4. Claimant was employed as a police officer with the New York Police Department
from 1984 until 1988.
5. Claimant was employed by the Westchester County Police (Department of Public
Safety) from 1988 to to about July 16, 2003, including five years as a full-time Police Academy
instructor.
6. Claimant began receiving a pension from the New York State and Local Retirement
7. Claimant was employed by Ulster BOCES as an instructor in the area of Security
Operations, from on or about September 2005 until June 2018.
8. Each year that Mr. Sciacca worked for Ulster BOCES, he earned in excess of the
maximum amount allowable by law while receiving a pension from NYSLRS, and therefore
needed to obtain a waiver from the salary limitations pursuant to Section 211 of Retirement and
Social Securities Law .
9. A Section 211 waiver is required when any New York state school district (other
than the city school district of the City of New York), Board of Cooperative Educational Services
(BOCES) or any county Vocation and Extension Board (VEEB), seeks to hire an individual who
has retired from public service to fill a temporary vacancy in the unclassified service.
10. The Commissioner of the New York State Education Department must
2
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2024
approve the Section 211 waivers for employment at a New York State school district or BOCES.
See 8 NYCRR 80-5.5(b)(1).
11. To obtain a Section 211 waiver, the retiree must first submit a retirement waiver
request, and starting in June 2016, the request was made electronically through the NYS TEACH
site, to replace paper submissions.
12. After the retiree submits his waiver request, the employer (Ulster BOCES) submits
supporting documentation, including a retirement waiver statement in the TEACH system.
13. Section 211 waiver applications could not be processed until the employer (Ulster
BOCES) submits the retirement waiver and any other required supporting documentation.
14. It is the obligation of the employer to file the Section 211 waiver request with
NYSED.
15. Once Mr. Sciacca submitted his waiver application on the TEACH system, it was
may be granted only on the written request of the prospective employer of such retired p
RSSL §211(2)(b).
16.
supposed to file detailed documentation with NYSED. See 8 NYCRR 80-5.5(c).
17. If an application for a Section 211 waiver is approved, NYSED sends the approval
letter to the employer, not to the employee, and to NYSLRS.
Waivers for the 2011-12 to
2017-18 School Years
18. For the duration of his employment by Ulster BOCES, Mr. Sciacca submitted his
application on the TEACH System and was informed by Ulster BOCES that they had submitted
documentation required by the employer.
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19. On about September 18, 2017, NYSED informed Mr. Sciacca that they had not
received waiver applications from Ulster BOCES for the 2016-17 and 2017-18 school years.
20. In or about September 2017, his pension was put on hold.
21. To try to resolve the issue, Mr. Sciacca sent an email to employee Marita Kitchell
22. On September 13, 2017, Ulster BOCES employee Karen Drucker faxed
documentation to NYSLRS which, on knowledge and belief, included letters approving waivers.
23. On knowledge and belief, NYSED and/or NYSLRS claimed that the approved
waivers that were sent by Karen Drucker were altered or forged.
24. On about August 9, 2023, the Ulster County District Attorney s Office concluded
that Respondent Drucker altered letters relating to the Section 211 waivers.
25. On September 21, 2017, Mr. Sciacca wrote to Marita Kitchell, Director, Ulster
BOCES Career and Technical Center, that:
Karen [Drucker] sent up the waiver for the wrong year 2015-16. The
state never received waivers for the 2016-2017 or 2017-2018. I have
been trying to reach out to Karen. I just spoke to the State. They sent
Karen another email with instructions for the waivers. Next NYSED
has to approve them in order to reinstate my pension. This could
take up 2 months unless someone calls from New Paltz. I would
appreciate it if someone could assist me with this matter.
26. On September 21, 2017, Ms. Kitchell emailed Mr. Sciacca to acknowledge that a
mistake had been made, writing:
27. On September 2
4
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that this matter can be resolved ASAP I EMAILED MICHELLE Smith to ensure that the other
28. On about September 27, 2017, NYSLRS sent two letters to Mr. Sciacca, one stating
that the Section 211 waiver application was approved for the 2016-17 school year and the other
stating that the application was approved for the 2017-18 school year.
29. On about September 28, 2017, Mr. Sciacca received an email from NYSLRS
30. Six months later, on March 22, 2018, NYSLRS wrote to Mr. Sciacca to inform him
that his Section 211 waiver expired in approximately 100 days, and asked him to inform NYSLRS
if he planned on working in public employment after the waiver expired.
31. On April 3, 2018, Evelyn LaFontaine, Personnel Supervisor at Ulster BOCES asked
Mr. Sciacca for the status of his teaching certificate and said that the Section 211 waiver process
is stalled until they get confirmation he is certified.
32. On April 4, 2018, Mr. Sciacca asked Ms. LaFontaine to begin the process of
applying for the Section 21 waiver for the upcoming school year. Ms. LaFontaine responded that
she will find out if she can, and asked Mr. Sciacca to contact NYSED to request an update on his
certification.
33. On knowledge and belief, in or around April 4, 2018, Ulster BOCES employee
Marita Kitchell gave Mr. Sciacca a document indicating that he was certified, effective September
2014, and told him to sent it to NYSED as soon as possible.
34. Mr. Sciacca complied with her direction, and sent the document to NYSED.
35.
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36. On knowledge and belief, during the internal NYSED investigation, the document
given to Mr. Sciacca by Marita Kitchell was challenged as inauthentic.
37. During material times between September 2011 and April 2018, Respondents
falsely informed Mr. Sciacca that all documentation in support of his Section 211 waiver had been
submitted to NYSED, and that his Section 211 waivers were approved.
38. Mr. Sciacca relied on these statements, and sustained damages due to his reliance
on these statements.
39. On about April 5, 2018, Mr. Sciacca reapplied for his professional certificate
extension via the TEACH site but by April 23, 2018, it had not been approved and Mr. Sciacca
lost his job at Ulster BOCES.
40. On April 23, 2018, Mr. Sciacca was notified that Ulster BOCES was going to
terminate his employment.
41. was not
processed by NYSED, and he was continuously led to believe that there was an investigation, and
that NYSED could not disclose any information about the investigation.
42. By letter dated October 30, 2018, NYSED informed Mr. Sciacca,
sent to update you on the status of your application for certification, received on 4/05/2018,
Professional Certificate, Security Operations 7-12. We are unable to issue the certificate for the
following reason(s): OSPRA Background Clearance issue. Your application for this certificate will
be approved once the above matter has been resolved.
43. On about July 14, 2022, Mr. Sciacca was arrested and, among other charges, was
falsely charged with forging documents related to the Section 211 waivers.
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44. Mr. Sciacca was indicted on or about February 6, 2023.
45. After his arrest, headlines in newspapers across the state falsely named Mr. Sciacca
as someone who forged documents and swindled the pension system.
46. Mr. Sciacca did not ever forge any documents, including documents related to his
pension or his Section 211 waiver.
47. Not until receiving records from the Ulster County District Attorney s office
between February 7, 2023 and August 30, 2023, was Mr. Sciacca put on notice that Ulster BOCES
personnel had failed to properly process his Section 211 waiver applications and had falsely
informed him that all documentation had been submitted.
48. At all relevant times, Mr. Sciaca was induced to rely on false information from
Ulster BOCES to his detriment.
49. Even worse, allegations were made that
personnel at Ulster BOCES forged or altered NYSED letters approving the Section 211 Waivers.
50. Between 2011 and 2017, Mr. Sciacca complied every year with the NYSED
requirements to obtain a valid Section 211 waiver by filing his application and forwarding that
application to Ulster BOCES.
51. On knowledge and belief, between 2012 and 2017, personnel at Ulster BOCES
failed to comply with the NYSED requirements, committed fraud, and misled Mr. Sciacca into
believing that all requirements had been met.
52. On August 14, 2023, the Assistant District Attorney
prosecution informed the County Court Judge overseeing the case that they would drop the
criminal prosecution against Mr. Sciacca based on exculpatory evidence.
53. All criminal charges related to the Section 211 waivers were dismissed on February
7
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8, 2024.
54. NYSLRS, however, has initiated steps to require Mr. Sciacca to repay over
$160,000 of pension funds that he received.
ALLEGATIONS AGAINST ULSTER BOCES
55. Respondent owed a duty of care to Mr. Sciacca in properly processing his Section
211 Waiver documents, and breached that duty, causing financial and other compensatory
injuries to Mr. Sciacca.
56. Respondent negligently
Section 211 waivers, failed to train personnel regarding the processing of Section 211 waiver
applications, failed to supervise personnel, altered official documents and records relating to
Section 211 waiver applications for Mr. Sciacca, engaged in fraud, fraudulent inducement,
tortious misrepresentation, and other torts and violations of application Federal and State laws
and regulations.
57. Respondent made a material misrepresentation or omission of fact by repeatedly
telling Mr. Sciacca that they had submitted the documentation for his Section 211 waivers, and
informing him that the waivers had been granted.
58. Respondent intended to mislead or default Mr. Sciacca by providing him with
false information, and he reasonably relied on this information to his detriment.
59. Respondent concealed that they had failed to submit proper documentation to
of records, and concealed the validity of approval letters maintained in Ulster BOCES files.
DAMAGES/INJURIES
60. Based on the foregoing, Claimant has been caused to suffer financial harm due to
8
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2024
the abrupt loss of his pension, salary and benefits as a result of the actions of Ulster BOCES, as
well as legal fees and costs required to defend from criminal charges brought against him and the
NYSLRS proceeding seeking repayment of the pensions that he received.
61.
in his field.
62. Based on the foregoing, Claimant has also suffered emotional distress, anxiety,
depression, lack of sleep, loss of enjoyment of life, embarrassment, disgrace, shame, humiliation
as a result of the actions of Ulster BOCES.
63. Claimant has not only sustained loss of earnings but has also incurred legal costs
and expenses to defend from a prosecution caused by fraudulent, intentional and/or negligent
actions of Ulster BOCES personnel.
64. The total damages sustained by Claimant/Plaintiff are not yet ascertainable with
certainty and, pursuant to Education Law §3813, it is not required that an amount of monetary
damages by specified in this Notice of Claim.
PLEASE TAKE FURTHER NOTICE that the undersigned Claimant presents
this claim for adjustment and payment.
Dated: February 22, 2024
Law Office of Laura Wong-Pan PLLC
_____________________
Laura Wong-Pan
319 Mill Street
Poughkeepsie, New York 12601
(845) 218-1288
lwp@laurawongpanlaw.com
Attorney for Claimant
9
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NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2024
VERIFICATION
STATE OF NEW YORK )
): ss.:
COUNTY OF DUTCHESS )
ANTHONY SCIACCA, being duly sworn, deposes and says that he is the Claimant
named in this action; that he has read the Notice of Claim; and that the same is true to the best of
his knowledge, except as to matter alleged on information and belief, and that as to those matters,
he believes them to be true.
Sworn to before me this
5Q_2 day of February 2024
Public LAURA W DNC-PAN
Notary
YORK
NOTARY PUBUC, (51ATE OF NEW
Reg;stration No. 02W06257279
Qualified in Ulster County
Commission Expla. March 12, 202y
Preview
FILED: ULSTER COUNTY CLERK 03/12/2024 10:47 AM INDEX NO. EF2024-676 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2024 In The Matter of The Claim Of: ANTHONY SCIACCA, VERIFIED NOTICE OF CLAIM Claimant, PURSUANT TO EDUCATION LAW §3813 -against- ULSTER BOCES, MARITA KITCHELL, and KAREN DRUCKER, in their individual and official capacities as current or former Ulster BOCES employees, Respondents. To: Ulster BOCES 175 Route 32 North New Paltz, NY 12561 Karen Drucker Marita Kitchell 179 Breezy Hill Road 1616 Greenville Turnpike Kingston, NY 12401 Port Jervis, NY 12771 PLEASE TAKE NOTICE that Claimant Anthony Sciacca, residing at 351 Titusville Road, Poughkeepsie, New York 12603, does hereby make claim against Respondent, Ulster BOCES. The instant Notice of Claim is timely brought as it is brought within ninety days of the date when Claimant knew or reasonably should have known of the unlawful conduct of one or more ulster BOCES employees, as described in this Claim. In support of such claim, Anthony Sciacca states the following: PARTIES 1. Claimant, Anthony Sciacca, is an individual residing in Poughkeepsie New York who was an instructor at Ulster BOCES. 2. Executive Law §290. Ulster BOCES is an educational organization that provides shared 1 FILED: ULSTER COUNTY CLERK 03/12/2024 10:47 AM INDEX NO. EF2024-676 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2024 educational, administrative and technical services to students and adults residing in component school districts. 3. Marita Kitchell and Karen Drucker were employees of Ulster BOCES at all relevant times and were involved in the processing of STATEMENT OF FACTS 4. Claimant was employed as a police officer with the New York Police Department from 1984 until 1988. 5. Claimant was employed by the Westchester County Police (Department of Public Safety) from 1988 to to about July 16, 2003, including five years as a full-time Police Academy instructor. 6. Claimant began receiving a pension from the New York State and Local Retirement 7. Claimant was employed by Ulster BOCES as an instructor in the area of Security Operations, from on or about September 2005 until June 2018. 8. Each year that Mr. Sciacca worked for Ulster BOCES, he earned in excess of the maximum amount allowable by law while receiving a pension from NYSLRS, and therefore needed to obtain a waiver from the salary limitations pursuant to Section 211 of Retirement and Social Securities Law . 9. A Section 211 waiver is required when any New York state school district (other than the city school district of the City of New York), Board of Cooperative Educational Services (BOCES) or any county Vocation and Extension Board (VEEB), seeks to hire an individual who has retired from public service to fill a temporary vacancy in the unclassified service. 10. The Commissioner of the New York State Education Department must 2 FILED: ULSTER COUNTY CLERK 03/12/2024 10:47 AM INDEX NO. EF2024-676 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2024 approve the Section 211 waivers for employment at a New York State school district or BOCES. See 8 NYCRR 80-5.5(b)(1). 11. To obtain a Section 211 waiver, the retiree must first submit a retirement waiver request, and starting in June 2016, the request was made electronically through the NYS TEACH site, to replace paper submissions. 12. After the retiree submits his waiver request, the employer (Ulster BOCES) submits supporting documentation, including a retirement waiver statement in the TEACH system. 13. Section 211 waiver applications could not be processed until the employer (Ulster BOCES) submits the retirement waiver and any other required supporting documentation. 14. It is the obligation of the employer to file the Section 211 waiver request with NYSED. 15. Once Mr. Sciacca submitted his waiver application on the TEACH system, it was may be granted only on the written request of the prospective employer of such retired p RSSL §211(2)(b). 16. supposed to file detailed documentation with NYSED. See 8 NYCRR 80-5.5(c). 17. If an application for a Section 211 waiver is approved, NYSED sends the approval letter to the employer, not to the employee, and to NYSLRS. Waivers for the 2011-12 to 2017-18 School Years 18. For the duration of his employment by Ulster BOCES, Mr. Sciacca submitted his application on the TEACH System and was informed by Ulster BOCES that they had submitted documentation required by the employer. 3 FILED: ULSTER COUNTY CLERK 03/12/2024 10:47 AM INDEX NO. EF2024-676 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2024 19. On about September 18, 2017, NYSED informed Mr. Sciacca that they had not received waiver applications from Ulster BOCES for the 2016-17 and 2017-18 school years. 20. In or about September 2017, his pension was put on hold. 21. To try to resolve the issue, Mr. Sciacca sent an email to employee Marita Kitchell 22. On September 13, 2017, Ulster BOCES employee Karen Drucker faxed documentation to NYSLRS which, on knowledge and belief, included letters approving waivers. 23. On knowledge and belief, NYSED and/or NYSLRS claimed that the approved waivers that were sent by Karen Drucker were altered or forged. 24. On about August 9, 2023, the Ulster County District Attorney s Office concluded that Respondent Drucker altered letters relating to the Section 211 waivers. 25. On September 21, 2017, Mr. Sciacca wrote to Marita Kitchell, Director, Ulster BOCES Career and Technical Center, that: Karen [Drucker] sent up the waiver for the wrong year 2015-16. The state never received waivers for the 2016-2017 or 2017-2018. I have been trying to reach out to Karen. I just spoke to the State. They sent Karen another email with instructions for the waivers. Next NYSED has to approve them in order to reinstate my pension. This could take up 2 months unless someone calls from New Paltz. I would appreciate it if someone could assist me with this matter. 26. On September 21, 2017, Ms. Kitchell emailed Mr. Sciacca to acknowledge that a mistake had been made, writing: 27. On September 2 4 FILED: ULSTER COUNTY CLERK 03/12/2024 10:47 AM INDEX NO. EF2024-676 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2024 that this matter can be resolved ASAP I EMAILED MICHELLE Smith to ensure that the other 28. On about September 27, 2017, NYSLRS sent two letters to Mr. Sciacca, one stating that the Section 211 waiver application was approved for the 2016-17 school year and the other stating that the application was approved for the 2017-18 school year. 29. On about September 28, 2017, Mr. Sciacca received an email from NYSLRS 30. Six months later, on March 22, 2018, NYSLRS wrote to Mr. Sciacca to inform him that his Section 211 waiver expired in approximately 100 days, and asked him to inform NYSLRS if he planned on working in public employment after the waiver expired. 31. On April 3, 2018, Evelyn LaFontaine, Personnel Supervisor at Ulster BOCES asked Mr. Sciacca for the status of his teaching certificate and said that the Section 211 waiver process is stalled until they get confirmation he is certified. 32. On April 4, 2018, Mr. Sciacca asked Ms. LaFontaine to begin the process of applying for the Section 21 waiver for the upcoming school year. Ms. LaFontaine responded that she will find out if she can, and asked Mr. Sciacca to contact NYSED to request an update on his certification. 33. On knowledge and belief, in or around April 4, 2018, Ulster BOCES employee Marita Kitchell gave Mr. Sciacca a document indicating that he was certified, effective September 2014, and told him to sent it to NYSED as soon as possible. 34. Mr. Sciacca complied with her direction, and sent the document to NYSED. 35. 5 FILED: ULSTER COUNTY CLERK 03/12/2024 10:47 AM INDEX NO. EF2024-676 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2024 36. On knowledge and belief, during the internal NYSED investigation, the document given to Mr. Sciacca by Marita Kitchell was challenged as inauthentic. 37. During material times between September 2011 and April 2018, Respondents falsely informed Mr. Sciacca that all documentation in support of his Section 211 waiver had been submitted to NYSED, and that his Section 211 waivers were approved. 38. Mr. Sciacca relied on these statements, and sustained damages due to his reliance on these statements. 39. On about April 5, 2018, Mr. Sciacca reapplied for his professional certificate extension via the TEACH site but by April 23, 2018, it had not been approved and Mr. Sciacca lost his job at Ulster BOCES. 40. On April 23, 2018, Mr. Sciacca was notified that Ulster BOCES was going to terminate his employment. 41. was not processed by NYSED, and he was continuously led to believe that there was an investigation, and that NYSED could not disclose any information about the investigation. 42. By letter dated October 30, 2018, NYSED informed Mr. Sciacca, sent to update you on the status of your application for certification, received on 4/05/2018, Professional Certificate, Security Operations 7-12. We are unable to issue the certificate for the following reason(s): OSPRA Background Clearance issue. Your application for this certificate will be approved once the above matter has been resolved. 43. On about July 14, 2022, Mr. Sciacca was arrested and, among other charges, was falsely charged with forging documents related to the Section 211 waivers. 6 FILED: ULSTER COUNTY CLERK 03/12/2024 10:47 AM INDEX NO. EF2024-676 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2024 44. Mr. Sciacca was indicted on or about February 6, 2023. 45. After his arrest, headlines in newspapers across the state falsely named Mr. Sciacca as someone who forged documents and swindled the pension system. 46. Mr. Sciacca did not ever forge any documents, including documents related to his pension or his Section 211 waiver. 47. Not until receiving records from the Ulster County District Attorney s office between February 7, 2023 and August 30, 2023, was Mr. Sciacca put on notice that Ulster BOCES personnel had failed to properly process his Section 211 waiver applications and had falsely informed him that all documentation had been submitted. 48. At all relevant times, Mr. Sciaca was induced to rely on false information from Ulster BOCES to his detriment. 49. Even worse, allegations were made that personnel at Ulster BOCES forged or altered NYSED letters approving the Section 211 Waivers. 50. Between 2011 and 2017, Mr. Sciacca complied every year with the NYSED requirements to obtain a valid Section 211 waiver by filing his application and forwarding that application to Ulster BOCES. 51. On knowledge and belief, between 2012 and 2017, personnel at Ulster BOCES failed to comply with the NYSED requirements, committed fraud, and misled Mr. Sciacca into believing that all requirements had been met. 52. On August 14, 2023, the Assistant District Attorney prosecution informed the County Court Judge overseeing the case that they would drop the criminal prosecution against Mr. Sciacca based on exculpatory evidence. 53. All criminal charges related to the Section 211 waivers were dismissed on February 7 FILED: ULSTER COUNTY CLERK 03/12/2024 10:47 AM INDEX NO. EF2024-676 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2024 8, 2024. 54. NYSLRS, however, has initiated steps to require Mr. Sciacca to repay over $160,000 of pension funds that he received. ALLEGATIONS AGAINST ULSTER BOCES 55. Respondent owed a duty of care to Mr. Sciacca in properly processing his Section 211 Waiver documents, and breached that duty, causing financial and other compensatory injuries to Mr. Sciacca. 56. Respondent negligently Section 211 waivers, failed to train personnel regarding the processing of Section 211 waiver applications, failed to supervise personnel, altered official documents and records relating to Section 211 waiver applications for Mr. Sciacca, engaged in fraud, fraudulent inducement, tortious misrepresentation, and other torts and violations of application Federal and State laws and regulations. 57. Respondent made a material misrepresentation or omission of fact by repeatedly telling Mr. Sciacca that they had submitted the documentation for his Section 211 waivers, and informing him that the waivers had been granted. 58. Respondent intended to mislead or default Mr. Sciacca by providing him with false information, and he reasonably relied on this information to his detriment. 59. Respondent concealed that they had failed to submit proper documentation to of records, and concealed the validity of approval letters maintained in Ulster BOCES files. DAMAGES/INJURIES 60. Based on the foregoing, Claimant has been caused to suffer financial harm due to 8 FILED: ULSTER COUNTY CLERK 03/12/2024 10:47 AM INDEX NO. EF2024-676 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2024 the abrupt loss of his pension, salary and benefits as a result of the actions of Ulster BOCES, as well as legal fees and costs required to defend from criminal charges brought against him and the NYSLRS proceeding seeking repayment of the pensions that he received. 61. in his field. 62. Based on the foregoing, Claimant has also suffered emotional distress, anxiety, depression, lack of sleep, loss of enjoyment of life, embarrassment, disgrace, shame, humiliation as a result of the actions of Ulster BOCES. 63. Claimant has not only sustained loss of earnings but has also incurred legal costs and expenses to defend from a prosecution caused by fraudulent, intentional and/or negligent actions of Ulster BOCES personnel. 64. The total damages sustained by Claimant/Plaintiff are not yet ascertainable with certainty and, pursuant to Education Law §3813, it is not required that an amount of monetary damages by specified in this Notice of Claim. PLEASE TAKE FURTHER NOTICE that the undersigned Claimant presents this claim for adjustment and payment. Dated: February 22, 2024 Law Office of Laura Wong-Pan PLLC _____________________ Laura Wong-Pan 319 Mill Street Poughkeepsie, New York 12601 (845) 218-1288 lwp@laurawongpanlaw.com Attorney for Claimant 9 FILED: ULSTER COUNTY CLERK 03/12/2024 10:47 AM INDEX NO. EF2024-676 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 03/12/2024 VERIFICATION STATE OF NEW YORK ) ): ss.: COUNTY OF DUTCHESS ) ANTHONY SCIACCA, being duly sworn, deposes and says that he is the Claimant named in this action; that he has read the Notice of Claim; and that the same is true to the best of his knowledge, except as to matter alleged on information and belief, and that as to those matters, he believes them to be true. Sworn to before me this 5Q_2 day of February 2024 Public LAURA W DNC-PAN Notary YORK NOTARY PUBUC, (51ATE OF NEW Reg;stration No. 02W06257279 Qualified in Ulster County Commission Expla. March 12, 202y