Preview
FILED: RICHMOND COUNTY CLERK 12/05/2018 10:29 AM INDEX NO. 85244/2018
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
______________-----------------------X
In the Matter of the Application of :
STEVEN BANKS, as Commissioner of
the Department of Social Services of :
the City of New York for an Order of :
Access Pursuant to Section 473-C of APPLICATION
the Social Services Law to the Prem- : s,
ises of :
Index No. :
PAUL MONTALBANO, :
:
A Person Believed to be in Need of
Protective Services for Adults. :
...___________...___.________ -
-----------X
STEVEN Commiccin=r of Social Services of the of New seeks an
BANKS, City York,
Order to Gain Access to the residence of PAUL MONTALBANO, a person believed to be in need
of protective services pursuant to Social Services Law §473-C, Chapter 413 of the Laws of 1986.
.
STEVEN BANKS, as Commissioner of the Department of Social Services (DSS), hereby petitions
the Court and respectfully alleges:
1. This application is being made for an order allowing access to the premises of PAUL
MONTALBANO, a person believed to be in need of protective services for adults.
2. Upon information and belief, HYLARION PIERRE, a Department of Social
Services caseworker, has been assigned to the case ofPAUL MONTALBANO, and will herein=Aer
"caseworker."
be referred to as the
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3 . Upon information and belief,PAUL MONTALBANO resides alone at 121 Shenden
Avenue (Private House), Staten Island, New York 10314.
4 . Upon information and belief, PAUL MONTALBANO is a white male,
ninety-two years of age. He is five feet and eight inches (5'- tall and weighs
approximately (92) 8")
about one hundred and thirty-five (135) pennds. He has blue eyes and white hair. He is not known
by any other description or identifying marks.
5. Upon information and belief, PAUL MONTALBANO's sitüãtion was referred in
or about Septerster 13, 2018, to Staten Island Borough Adult Protective Services (APS), a division
of the New York City Department of Social Services (DSS), (hereinder referred to as APS).
6. Upon iriformation and belief, PAUL MONTALBANO is inneed of Adult Protective
Services for the following reasons:
a. PAUL MONTALBANO was diagnosed for prostate disease, but he has
never taken this medication as prescribed. He is reported to be without a doctor and medical care;
b. PAUL MONTALBANO was recom-mended for home care services because of his
physical limitadons. He is reportedly physicâlly impaired. However, he has rejected such services;
c. PAUL MONTALBANO was receiving nutritional supplementfrom Meals on
("MOW's"
Wheels ), 304 Port Richmond Avenue, Staten Island, New York 10302, Telephone
number 718 727-4435, However, this service was recently discontinued after he centinued to reject
these services as being unnaaded. MOW's has informed APS that he is unable to purchase or
prepare food on his own;
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d. PAUL MONTALBANO isñcglecting the maintenance of the interior ofhis
house. The house is reportedly cluttered and dusty. The carpet in the living room is ripped and
presents a tripping hazard. When asked by APS as to whether he ñecded assistânce in cleaning, he
informed the caseworker that he was responsible for maintaining his house and did not want outside
help, whether itbe from APS or from his family;
e. PAUL MONTALBANO stillhas a driver's license. APS observed that he
had a damaged car in the drivcway. His nephew, JACK HEMINGWAY, informed APS that PAUL
MONTALBANO was recently involved in accident bccause he mistook the accelerator pedal for the
brake pedal. He insists on driving because he believes that he has sufficient physical and mental
capacities. However, his nephew believes PAUL MONTALBANO is atrisk to himself and others
on the road;
f. JACK HEMINGWAY informed APS that PAUL MONTALBANO is
acting in a confused, forgetful manner and is unable to manage his personal affairs. JACK
HEMINGWAY initially was even agreeable to acciating APS in gaining access. PAUL
MONTALBANO subsequently became angry with him upon his recommending that he should
cooperate with APS. As a result, his involvement with APS shortly stopped afterwards;
g. APS has reason to believe that PAUL MONTALBANO, as a possibly
property. -
mentally and physically impaired adult, is neglecting his personal care and As described by
SUSAN REILLY, R.N., Telephone Number 718 727-4435, a licensed nurse in the State of New
York affiliated with MOW's, she found that he exhibits physical impairmeñts in ambulating. He is
unwilling or incapable ofhandling activities required for daily living (ADL's) on his own. Because of
the contiñüing inappropriate behavior exhibited by PAUL MONTALBANO, MOW's and APS are
concerned for the safety and wellbeing of PAUL MONTALBANO;
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h. PAUL MONTALBANO has no known family members, friends, associates,
nor social service agencies otherwise effectively assisting him to manage his ADL's. As described
above, JACK HEMINGWAY is the only known family member and PAUL MONTALBANO is
unwilling to cooperate with his nephew, MOW's and home care vendors;
i. The preliminary assessment isthat PAUL MONTALBANO is as impaired as
stated by the referral source. He does not appear to have a primary care physician or psychiatrist to
assist her.
7. Upon information and belief, PAUL MONTALBANO has refused social workers
access to himself and his residence in the folic wing manner:
a. APS caseworker HYLARION PIERRE made an initialhome visitto PAUL
MONTALBANO at his house on or about September 17, 2018. The APS caseworker HYLARION
PIERRE found two landscapers working outside the house. The caseworker was able to speak with
PAUL MONTALBANO in private, who was sitting in his living room. He did not appear to be at
all interested in receiving adult protective services;
b. APS esseworker HYLARION PIERRE made a second home visitto PAUL
MONTALBANO at his house on or about October 30, 2018. PAUL MONTALBANO came to the
door and asked why he was there. The caseworker explained that he had scheduled a visit for
November 5, 2018, by one of the agency's doctors on November 5, 2018, to assist in the
determination whether PAUL MONTALBANO was eligible for adult protective services. After
infr.-ming the caseworker that he did not want any outside assistance and furthermore, that he did not
wish to be evalüãted by the agency's doctor, he closed the door and denied access to the caseworker;
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c. Accompanied by GREG LACHINNI, M.D., CAS-affiliated psychiatrist,
APS caseworker HYLARION PIERRE made a thirdhome visitto PAUL MONTALBANO at his
house on or about November 5, 2018. On this occasion, no one came to the door in response to their
knocking. However, PAUL MONTALBANO was believed to be on the premises at the time of the
VISIT;"
visit. PAUL MONTALBANO did not respond to the "NOTICE OF ATTEMPTED
d. On or about November 5, 2018, APS caseworker HYLARION PIERRE
reached out to MOW's to see if they were able to assist APS in gains access. However, as their case
was closed, they were unable to assist APS caseworker HYLARION PIERRE then reached out to
JACK HEMINGWAY, who did not initiallyrespond to APS's request for assistance in gaining
access;
e. On or about November 16, 2018, APS caseworker HYLARION PIERRE
again reached out to JACK HEMINGWAY, who had initially appeared to be agreeable to assisting
APS, as he was concerned about his uncle's well-being. JACK HEMINGWAY subsequently
informed that PAUL MONTALBANO was now angry with him and he was otherwise unable to
assist APS on a voluntary basis.
8. Social Services Law §473 requires the Commi i=cr of Social Services to provide
protective services for individuals who because of mental or physical dysfunction are unable to man-
age their own resources or to protect themselves. PAUL MONTALBANO is believed to be a
person in need of adult protective services. A psychiatric and social acsessment is essential to
determine: a) the extent of the risks faced by PAUL MONTALBANO; b) his ability to protect
himself from these risks; and c) what adult protective services, ifany, are needed. The Order
requested herein is sought solely for that purpose.
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9. The same manner in which the assessmcat will be made is as follows: a caseworker,
who is employed by Adult Protective Services (APS), and a psychiatric consultant employed by
HRA's Customized Assisecise Services (CAS), accompanied by one or more officers of the New
York City Police Department, as deemed reasonably necessary by NYPD for the safety of all
concerned, a licensed locksmith to provide access by opening the door, on an as needed basis, and a
multi-lingual languag; interpreter, as necessary, will make a psyclúãtric and social assessment.
9. No prior request was made for the relief sought herein.
WHEREFORE, your peddener prays that this Court issue an Order of Access pursuant to
§473-C of the Social Services Law, Chapter 413 of the Laws of 1986.
DATED: ew York, New York
GAber , 2018
ZACHARY W. CARTER
Corporation Counsel
By: MARTHA A. CALHOUN
Special Assistant Corporation Counsel
Hu Resou ces Ad stration
ST 1 SE OENBERGE , ESQ.
of Counsel
Attorney for Commissioner
of Social Services
Street-38* '
150 Greenwich Floor
New York, NY 10007
Tel. No.: (929) 221-6494
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V E R I F I C A T I O N
STUART J. SCHOENBERGER, ESQ., affirms the following to be true under the peñalties
of perjury:
I am an attoracy duly admitted to practice in the Courts of the State of New York, and am
employed by the Department of Social Services of the City ofNew York in the offices of the attorney
of record for the petitioner.
I read the petition and know the coñtests. To the best ofmy knowledge, information and belief,
found after an inquiry reasonable under the circumstances, the presentation of the paper or the
contentions therein are not frivelõüs as defined in Section (c) of Section 130-1.1 of the Rules of the
Chief Administrator. They are true to my knowledge except as to those maters alleged on information
and belief. Those matters I believe to be true. That belief is based upon the official records and
documents of the Department of Social Services of the City ofNew York, kept in the regular course of
business, and conversations with employees of said Department.
The reason this verification ismade by me and not by the petitioner isthat he is a public officer:
the Commissioner of Social Services ofthe City of New York. As such, he has no personal knowledge
of the facts of this case, while I am familiar with them.
DATED: New York, New York
, 2018
)£C
STUART J. HOENBERGER, ESQ.
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Preview
FILED: RICHMOND COUNTY CLERK 12/05/2018 10:29 AM INDEX NO. 85244/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ______________-----------------------X In the Matter of the Application of : STEVEN BANKS, as Commissioner of the Department of Social Services of : the City of New York for an Order of : Access Pursuant to Section 473-C of APPLICATION the Social Services Law to the Prem- : s, ises of : Index No. : PAUL MONTALBANO, : : A Person Believed to be in Need of Protective Services for Adults. : ...___________...___.________ - -----------X STEVEN Commiccin=r of Social Services of the of New seeks an BANKS, City York, Order to Gain Access to the residence of PAUL MONTALBANO, a person believed to be in need of protective services pursuant to Social Services Law §473-C, Chapter 413 of the Laws of 1986. . STEVEN BANKS, as Commissioner of the Department of Social Services (DSS), hereby petitions the Court and respectfully alleges: 1. This application is being made for an order allowing access to the premises of PAUL MONTALBANO, a person believed to be in need of protective services for adults. 2. Upon information and belief, HYLARION PIERRE, a Department of Social Services caseworker, has been assigned to the case ofPAUL MONTALBANO, and will herein=Aer "caseworker." be referred to as the 1 of 7 FILED: RICHMOND COUNTY CLERK 12/05/2018 10:29 AM INDEX NO. 85244/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2018 3 . Upon information and belief,PAUL MONTALBANO resides alone at 121 Shenden Avenue (Private House), Staten Island, New York 10314. 4 . Upon information and belief, PAUL MONTALBANO is a white male, ninety-two years of age. He is five feet and eight inches (5'- tall and weighs approximately (92) 8") about one hundred and thirty-five (135) pennds. He has blue eyes and white hair. He is not known by any other description or identifying marks. 5. Upon information and belief, PAUL MONTALBANO's sitüãtion was referred in or about Septerster 13, 2018, to Staten Island Borough Adult Protective Services (APS), a division of the New York City Department of Social Services (DSS), (hereinder referred to as APS). 6. Upon iriformation and belief, PAUL MONTALBANO is inneed of Adult Protective Services for the following reasons: a. PAUL MONTALBANO was diagnosed for prostate disease, but he has never taken this medication as prescribed. He is reported to be without a doctor and medical care; b. PAUL MONTALBANO was recom-mended for home care services because of his physical limitadons. He is reportedly physicâlly impaired. However, he has rejected such services; c. PAUL MONTALBANO was receiving nutritional supplementfrom Meals on ("MOW's" Wheels ), 304 Port Richmond Avenue, Staten Island, New York 10302, Telephone number 718 727-4435, However, this service was recently discontinued after he centinued to reject these services as being unnaaded. MOW's has informed APS that he is unable to purchase or prepare food on his own; 2 of 7 FILED: RICHMOND COUNTY CLERK 12/05/2018 10:29 AM INDEX NO. 85244/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2018 d. PAUL MONTALBANO isñcglecting the maintenance of the interior ofhis house. The house is reportedly cluttered and dusty. The carpet in the living room is ripped and presents a tripping hazard. When asked by APS as to whether he ñecded assistânce in cleaning, he informed the caseworker that he was responsible for maintaining his house and did not want outside help, whether itbe from APS or from his family; e. PAUL MONTALBANO stillhas a driver's license. APS observed that he had a damaged car in the drivcway. His nephew, JACK HEMINGWAY, informed APS that PAUL MONTALBANO was recently involved in accident bccause he mistook the accelerator pedal for the brake pedal. He insists on driving because he believes that he has sufficient physical and mental capacities. However, his nephew believes PAUL MONTALBANO is atrisk to himself and others on the road; f. JACK HEMINGWAY informed APS that PAUL MONTALBANO is acting in a confused, forgetful manner and is unable to manage his personal affairs. JACK HEMINGWAY initially was even agreeable to acciating APS in gaining access. PAUL MONTALBANO subsequently became angry with him upon his recommending that he should cooperate with APS. As a result, his involvement with APS shortly stopped afterwards; g. APS has reason to believe that PAUL MONTALBANO, as a possibly property. - mentally and physically impaired adult, is neglecting his personal care and As described by SUSAN REILLY, R.N., Telephone Number 718 727-4435, a licensed nurse in the State of New York affiliated with MOW's, she found that he exhibits physical impairmeñts in ambulating. He is unwilling or incapable ofhandling activities required for daily living (ADL's) on his own. Because of the contiñüing inappropriate behavior exhibited by PAUL MONTALBANO, MOW's and APS are concerned for the safety and wellbeing of PAUL MONTALBANO; 3 of 7 FILED: RICHMOND COUNTY CLERK 12/05/2018 10:29 AM INDEX NO. 85244/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2018 h. PAUL MONTALBANO has no known family members, friends, associates, nor social service agencies otherwise effectively assisting him to manage his ADL's. As described above, JACK HEMINGWAY is the only known family member and PAUL MONTALBANO is unwilling to cooperate with his nephew, MOW's and home care vendors; i. The preliminary assessment isthat PAUL MONTALBANO is as impaired as stated by the referral source. He does not appear to have a primary care physician or psychiatrist to assist her. 7. Upon information and belief, PAUL MONTALBANO has refused social workers access to himself and his residence in the folic wing manner: a. APS caseworker HYLARION PIERRE made an initialhome visitto PAUL MONTALBANO at his house on or about September 17, 2018. The APS caseworker HYLARION PIERRE found two landscapers working outside the house. The caseworker was able to speak with PAUL MONTALBANO in private, who was sitting in his living room. He did not appear to be at all interested in receiving adult protective services; b. APS esseworker HYLARION PIERRE made a second home visitto PAUL MONTALBANO at his house on or about October 30, 2018. PAUL MONTALBANO came to the door and asked why he was there. The caseworker explained that he had scheduled a visit for November 5, 2018, by one of the agency's doctors on November 5, 2018, to assist in the determination whether PAUL MONTALBANO was eligible for adult protective services. After infr.-ming the caseworker that he did not want any outside assistance and furthermore, that he did not wish to be evalüãted by the agency's doctor, he closed the door and denied access to the caseworker; 4 of 7 FILED: RICHMOND COUNTY CLERK 12/05/2018 10:29 AM INDEX NO. 85244/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2018 c. Accompanied by GREG LACHINNI, M.D., CAS-affiliated psychiatrist, APS caseworker HYLARION PIERRE made a thirdhome visitto PAUL MONTALBANO at his house on or about November 5, 2018. On this occasion, no one came to the door in response to their knocking. However, PAUL MONTALBANO was believed to be on the premises at the time of the VISIT;" visit. PAUL MONTALBANO did not respond to the "NOTICE OF ATTEMPTED d. On or about November 5, 2018, APS caseworker HYLARION PIERRE reached out to MOW's to see if they were able to assist APS in gains access. However, as their case was closed, they were unable to assist APS caseworker HYLARION PIERRE then reached out to JACK HEMINGWAY, who did not initiallyrespond to APS's request for assistance in gaining access; e. On or about November 16, 2018, APS caseworker HYLARION PIERRE again reached out to JACK HEMINGWAY, who had initially appeared to be agreeable to assisting APS, as he was concerned about his uncle's well-being. JACK HEMINGWAY subsequently informed that PAUL MONTALBANO was now angry with him and he was otherwise unable to assist APS on a voluntary basis. 8. Social Services Law §473 requires the Commi i=cr of Social Services to provide protective services for individuals who because of mental or physical dysfunction are unable to man- age their own resources or to protect themselves. PAUL MONTALBANO is believed to be a person in need of adult protective services. A psychiatric and social acsessment is essential to determine: a) the extent of the risks faced by PAUL MONTALBANO; b) his ability to protect himself from these risks; and c) what adult protective services, ifany, are needed. The Order requested herein is sought solely for that purpose. 5 of 7 FILED: RICHMOND COUNTY CLERK 12/05/2018 10:29 AM INDEX NO. 85244/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2018 9. The same manner in which the assessmcat will be made is as follows: a caseworker, who is employed by Adult Protective Services (APS), and a psychiatric consultant employed by HRA's Customized Assisecise Services (CAS), accompanied by one or more officers of the New York City Police Department, as deemed reasonably necessary by NYPD for the safety of all concerned, a licensed locksmith to provide access by opening the door, on an as needed basis, and a multi-lingual languag; interpreter, as necessary, will make a psyclúãtric and social assessment. 9. No prior request was made for the relief sought herein. WHEREFORE, your peddener prays that this Court issue an Order of Access pursuant to §473-C of the Social Services Law, Chapter 413 of the Laws of 1986. DATED: ew York, New York GAber , 2018 ZACHARY W. CARTER Corporation Counsel By: MARTHA A. CALHOUN Special Assistant Corporation Counsel Hu Resou ces Ad stration ST 1 SE OENBERGE , ESQ. of Counsel Attorney for Commissioner of Social Services Street-38* ' 150 Greenwich Floor New York, NY 10007 Tel. No.: (929) 221-6494 6 of 7 FILED: RICHMOND COUNTY CLERK 12/05/2018 10:29 AM INDEX NO. 85244/2018 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 12/05/2018 V E R I F I C A T I O N STUART J. SCHOENBERGER, ESQ., affirms the following to be true under the peñalties of perjury: I am an attoracy duly admitted to practice in the Courts of the State of New York, and am employed by the Department of Social Services of the City ofNew York in the offices of the attorney of record for the petitioner. I read the petition and know the coñtests. To the best ofmy knowledge, information and belief, found after an inquiry reasonable under the circumstances, the presentation of the paper or the contentions therein are not frivelõüs as defined in Section (c) of Section 130-1.1 of the Rules of the Chief Administrator. They are true to my knowledge except as to those maters alleged on information and belief. Those matters I believe to be true. That belief is based upon the official records and documents of the Department of Social Services of the City ofNew York, kept in the regular course of business, and conversations with employees of said Department. The reason this verification ismade by me and not by the petitioner isthat he is a public officer: the Commissioner of Social Services ofthe City of New York. As such, he has no personal knowledge of the facts of this case, while I am familiar with them. DATED: New York, New York , 2018 )£C STUART J. HOENBERGER, ESQ. 7 of 7