SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF PUTNAM

MARIO CARUSO,

Plaintiff,

-X

Index No.

-against- VERIFIED COMPLAINT

JENNIFER S. BUMGARNER, Putnam County Attorney,COUNTY OF PUTNAM, WILLIAM G. SAYEGH,THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C.,WILLIAM J. MCNAMARA, GERALD A. SCHRAMEK,CALLAHAN & FUSCO, LLC, DEBRA L. GIORDONELLOandADAM B. LEVY, Putnam County District Attorney,

Defendants._x

The plaintiff, by his attorneys, SPAIN &SPAIN, P.C.complaining ofthe defendants

herein, respectfully showsandalleges:

FIRST: That, at all times hereinafter mentioned, the plaintiff, MARIO CARUSO was

and still is a resident of the County ofPutnam, StateofNew Yorkand residesat 19Carolan

Road East, Carmel, New York.

SECOND: That, at all times hereinaftermentioned,upon information and belief,

defendant JENNIFER S. BUMGARNER wasand still is the dulyappointed county attorney for

the County ofPutnamand is named hereinin her capacity therewith.

THIRD; That,at ail times hereinafter mentioned, upon information and belief, the

COUNTY OF PUTNAM was and still is a New York State municipal corporation with offices at

Two County Center, Carmel, New York

FOURTH: That, at all timeshereinafter mentioned, uponinformation and belief,

defendant WILLIAM G. SAYEGH wasandstill is an attorney at lawduly licensed to practice

lawin the Stateof New Yorkand maintains an officeat 65 Gleneida Avenue, Carmel New York.

Defendant WILLIAM G. SAYEGH isalso anemployee of the Putnam County Sheriffs

Department serving as theConfidential Advisor to the Putnam County Sheriff.

FIFTH: That, at all times hereinafter mentioned, upon information and belief, defendant

THE LAW OFFICES OFWILLIAM G. SAYEGH, P.C, wasand still is a domestic professional

corporation, organized and existing pursuant to the laws of the Stateof NewYork, with its office

and principal placeof business located at 65 Gleneida Avenue, Carmel, NewYork.

SIXTH: That, at all times hereinafter mentioned, upon information andbelief,

WILLIAM J. MCNAMARA and GERALD A. SCHRAMEK, were and still are sworn police

officers employed by the Putnam County Sheriffs Department, Three County Center, Carmel,

New York and had involvement intheplaintiffs criminal case. WILLIAM J. MCNAMARA is,

upon information andbelief, an attorney licensed to practice lawin the State of NewYork and

maintainsan office at PO Box 1557,Carmel,New York.

SEVENTH: That, at all timeshereinafter mentioned, upon information and belief,

defendant CALLAHAN & FUSCO, LLC wasandstill is a lawfirm composed of attorneys

licensed topractice law in theState ofNew York and maintains anoffice located at 72 Eagle

Rock Avenue, Suite 320, East Hanover, New Jersey 07936. The defendants provide legal

services to the County of Putnam under various personal service contracts authorized by

defendant JENNIFER S. BUMGARNER.

EIGHTH: That,at all timeshereinafter mentioned, upon information and belief,

defendant DEBRA L. GIORDONELLO, was and still isa sworn probation officer employed by

thePutnam County Probation Department, Two County Center, Carmel, New Yorkandwas the

assigned probation officer for the plaintiffherein.

NINTH: That, at all times hereinafter mentioned, upon information andbelief,

defendant ADAM B. LEVY, was and still isthe duly elected District Attorney ofPutnam County

and is named hereinas his interestmay appear.

TENTH: That, atalltimes hereinafter mentioned upon information and belief, non-party

DENNIS J. , resided and still resides at 102 Dixon Road, Carmel, New York,

adjacent to thehome owned bytheplaintiffherein. Non-party DENNIS J. ,

individually and onbehalfoffamily members, may have civil claims against theplaintiffherein.

Throughout all proceedings had herein, hehasbeen represented by defendant THE LAW

OFFICES OF WILLIAM G. SAYEGH, P.C.

ELEVENTH: ThatonSeptember 30,2009 plaintiffMARIO CARUSO was charged by

felony complaint, issued bythe Putnam County Sheriffs Department, with Sexual Abuse in the

FirstDegree, alleging that he touched the breast of a minor female in 2003. On February 16,

2011 plaintiffwas convicted, by plea ofguilty, oftwo counts ofSexual Abuse in the First

Degree. On May 18,2011 he wassentenced to twoconsecutive sentences of one year in the

Putnam County Correctional Facility. He wasalso sentenced to ten-yearsexualoffender

probation and designated a Level 3 sexual offender.

TWELFTH: At the sentencing hearing, attorneys fromdefendant THE LAW OFFICES

OF WILLIAM G. SAYEGH, P.C. appeared for non-party DENNIS J. and

interested family members anddemanded thatthe courtissueanorderof protection with a 1500

foot stayaway provision, effectively preventing plaintifffrom living in hishome. Upon

information andbelief, this stayaway provision wassought to force plaintiffto sellhis home and

thereby createa fund of money against which a civilmoney judgment couldbe attached. The

court issued anorder ofprotection which included a stay away provision barring theplaintiff

from returning to his home.

THIRTEENTH: ByOrderto ShowCause returnable on August10,2011 plaintiff,

represented by attorneys C. Compton Spain andAndrew Rubin, sought an amendment to the

order ofprotection vacating the stay away provision and allowing himto return to hishome. The

People of the State ofNew York represented bydefendant ADAM B.LEVY, Putnam County

District Attorney, submitted opposition thereto. The victim, byand through DENNIS J.

was represented by defendant THE LAWOFFICES OF WILLIAM G.

SAYEGH, P.C. andopposed theapplication.

FOURTEENTH: Thatduring thependency of theseproceedings, andupon information

andbelief, defendants WILLIAM G. SAYEGH, GERALD A. SCHRAMEK, WILLIAM J.

MCNAMARA and DEBRA L. GIORDONELLO obtained, reviewed, anddisclosed to defendant

THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C, including associate attorneys Robert

Weiss and Kenneth Rones, confidential and privileged information compiled by thePutnam

County Sheriffs Department for lawenforcement purposes. These defendants further disclosed

confidential and privileged communications with Putnam County Assistant District Attorney

Chana Krauss. These disclosures weremade for the purpose of denying the plaintiffa full and

fair hearing on theapplication to amend the orderofprotection, adversely affecting and

improperly influencing the outcome of theproceeding, andto aid,assistand provide an

advantage and benefit to defendants WILLIAM G. SAYEGH, THE LAW OFFICES OF

WILLIAM G. SAYEGH, P.C and the privatelaw client,non-party DENNIS J.

in the criminal proceeding and anticipated civilproceedings relatedhereto.

FIFTEENTH: Defendants WILLIAM J. MCNAMARA and GERALD A.

SCHRAMEK, upon receiving subpoenas to testify in thecriminal proceeding, requested that

separate counsel be appointed by county attorney JENNIFER BUMGARNER who then

designated thelaw firm ofdefendant CALLAHAN & FUSCO, LLC to represent the defendants

in the criminal proceeding. Defendants WILLIAM J. MCNAMARA and GERALD A.

SCHRAMEK failed and refused to disclose thattherequest forseparate counsel was forthe

purposes ofconcealing their misconduct and the conflict of interest ofconfidential advisor

WILLIAM G. SAYEGH.

FIRST CAUSE OF ACTION

AGAINST JENNIFER S. BUMGARNER, Putnam County Attorney,COUNTY OF PUTNAM and CALLAHAN & FUSCO, LLC

(Declaratory judgment: General Municipal Law §51)

SIXTEENTH: New York State County Law §501 provides inpart, thatthecounty

attorney ".. .shall prosecute and defend allcivil actions and proceedings brought byor against the

county.. .and anyofficer..." Thecounty attorney may"employ counsel to assist in anycivil

action or proceeding..." The New YorkState County Law §700 provides in part, that"...it shall

betheduty ofevery district attorney to conduct all prosecutions for crimes and offenses

cognizable by the courts of the county..." (emphasis added). There isno overlap or concurrent

jurisdiction; the county attorney has no jurisdiction over the conduct of prosecutions for crimes

and offenses. Likewise, thedistrict attorney has noauthority over civil matters.

SEVENTEENTH: Inorabout October of2011, defendant JENNIFER S.

BUMGARNER, as county attorney, designated and assigned defendant CALLAHAN &

FUSCO, LLC to provide legal representation to defendantsWILLIAM J. MCNAMARA and

GERALD A. SCHRAMEK relative to their involvement inthe application ofplaintiff to amend

the order ofprotection. This is, and was, acriminal prosecution over which the county attorney

has no jurisdiction. Upon information and belief, defendants WILLIAM J. MCNAMARA and

GERALD A. SCHRAMEK sought legal advice from defendant attorneys CALLAHAN &

FUSCO, LLC as to how to conceal or obfuscate their misconduct inproviding privileged and

confidential information to defendant THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C.

and its private client. They also wished toconceal from the court the improper conflict of

interest of defendant WILLIAM G. SAYEGH inserving as confidential advisor to the Sheriff of

Putnam County and as private attorney for non-party DENNIS J. .

EIGHTEENTH: General Municipal Law §51 provides in part, that "...all officers...of

any county.. .may beprosecuted, and an action may bemaintained...to prevent waste...or to

restore and make good, any...funds ...ofsuch county...by any person...whose

assessment.. .shall amount toone thousand dollars, and who shall beliable topay taxes on such

assessment in the county...." PlaintiffMARIO CARUSO isaproperty owner liable to pay taxes

on an assessment in excess ofone thousand dollars.

NINETEENTH: The retention ofthe law firm ofdefendant CALLAHAN & FUSCO,

LLC and the payment ofany fees to represent individual members ofthe Putnam County

Sheriffs Department inpending orconcluded criminal prosecutions is illegal, improper and

unauthorized by lawand will result ina waste of taxpayer funds.

TWENTIETH: By reason ofthe forgoing, plaintiffrespectfully requests ajudgment

declaring that the appointment and retention ofdefendants CALLAHAN &FUSCO, LLC to

provide legal services to members ofthe Putnam County Sheriffs Department relative to the

plaintiffs caseis illegal andimproper.

SECOND CAUSE OF ACTIONAGAINST JENNIFER S.BUMGARNER, Putnam County Attorney,

COUNTY OF PUTNAM and CALLAHAN & FUSCO, LLC(Injunction: GeneralMunicipalLaw §51)

TWENTY-FIRST: Plaintiffrepeats and reiterates each and every allegation contained

inparagraphs "FIRST" though "TWENTIETH" ofthe complaint as if fully set forth herein.

TWENTY-SECOND: By reason ofthe forgoing, plaintiff respectfully requests the

defendants JENNIFER S. BUMGARNER as county attorney and the COUNTY OF PUTNAM

bepermanently enjoined and restrained from retaining the law firm ofdefendant CALLAHAN &

FUSCO, LLC to provide legal representation to any county employee relative to plaintiffs

criminal case, and that the defendants be permanently enjoined and restrained from paying any

monies to defendant CALLAHAN &FUSCO, LLC for services rendered herein, and that

defendant CALLAHAN & FUSCO, LLC be directed to return and restore any monies received

from defendant COUNTY OF PUTNAM for legal services rendered herein.

THIRD CAUSE OF ACTION

AGAINST WILLIAM G. SAYEGH, WILLIAM J. MCNAMARA,GERALD A. SCHRAMEK and DEBRA L. GIORDONELLO

(Injunction: Putnam County Code §55-10)

TWENTY-THIRD: Plaintiff repeats and reiterates each and every allegation contained

in paragraphs "FIRST" through "TWENTY-SECOND" ofthe complaint as if fully set forth

herein.

TWENTY-FOURTH: The Code ofPutnam County, duly enacted by the Putnam

County Legislature, provides, in part, at §55-3 that: "No County employee shall disclose

confidential information acquired by him or her in the course ofofficial duties or to use such

information to further his or her personal interestor use for profitof himselfor herselfor

others..."

TWENTY-FIFTH: Defendants WILLIAM G. SAYEGH, WILLIAM J. MCNAMARA,

GERALD A. SCHRAMEK and DEBRA L. GIORDONELLO acquired, disclosed, and used

confidential information obtained fromthe Putnam County Sheriffs Department and the Putnam

County Department ofProbation to benefit themselves and their friend, colleague and co-

employee defendant WILLIAM G. SAYEGH and the private clients ofdefendants WILLIAM G.

SAYEGH and THELAW OFFICES OF WILLIAM G. SAYEGH, P.C, as well as to improperly

influence the outcome ofcriminal proceedings in the PutnamCounty Courtand offer advantage

to the private party.

TWENTY-SIXTH: The Code of Putnam County provides, in part, at §55-10 that "Any

resident...may initiate an action...for injunctiverelief to enjoin an officeror employeefrom the

county from violating this chapter..."

TWENTY-SEVENTH: By reason hereof,plaintiff respectfully requests the defendants

WILLIAM G. SAYEGH, WILLIAM J. MCNAMARA, GERALD A. SCHRAMEK and DEBRA

L. GIORDONELLO bepermanently enjoined andrestrained from disclosing anyinformation

acquired in the course of theiremployment withthe Putnam County Sheriffs Department and/or

the Putnam County Department ofProbation to defendant THE LAW OFFICES OF WILLIAM

G. SAYEGH, P.C, or any privateperson or attorney actingon his behalf.

FOURTH CAUSE OF ACTION

AGAINST WILLIAM G. SAYEGH AND

THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C.(Disqualification)

TWENTY-EIGHTH: Plaintiffrepeatsand reiterates each and everyallegation

contained inparagraphs "FIRST" through "TWENTY-SEVENTH" of the complaint as iffully

set forth herein.

TWENTY-NINTH: TheRules of Professional Conduct provide, in part,at §1.11(c), as

follows: "...a lawyer having information that thelawyer knows isconfidential government

information about a person, acquired when the lawyer was a public officer or employee, may not

represent a private client whose interests areadverse to that person in a matter inwhich the

information could be usedto thematerial disadvantage of thatperson." TheRules of

Professional conduct provide, inpart, at §1.11(d), as follows: "A lawyer whoholds public office

shall not:..., (2) use the public position to influenceor attempt to influencea tribunal to act in

favor of the lawyer or of a client..."

THIRTIETH: Defendant WILLIAM G. SAYEGH, as an employee of the Putnam

County Sheriffs Department obtained confidential information relative to plaintiffs criminal

case and used or attempted to use this information to benefitnon-party DENNIS J.

, a private client ofhis law firm defendant THE LAW OFFICES OF WILLIAM

G. SAYEGH, P.C, in a matterpending in the PutnamCountyCourt.

TmnTY-graSTV By reason of the forgoing, defendants WILLIAMG. SAYEGHand

THE LAWOFFICES OF WILLIAM G. SAYEGH, P.C. shouldbe permanently disqualified

from representing DENNIS J. or anymembers ofbis family in anyfurther civilor

criminal proceedings.

WHEREFORE, plaintiffdemandsjudgment as follows:

(1) On the first cause of action, a judgment declaring the appointment and retention of

defendants CALLAHAN & FUSCO, LLC to provide legal services to members of the Putnam

County Sheriffs Department relative to the plaintiffs case illegaland improper; and

(2) On the second cause of action, an order permanently enjoining and restraining

defendants JENNIFER S. BUMGARNER, Putnam County Attorney and the COUNTY OF

PUTNAM fromhiring, retaining or designating outside attorneys to provide legalrepresentation

to members of the Putnam County Sheriffs Department in any criminal proceedings involving

the plaintiffherein; and

(3) Onthesecond cause ofaction, an order directing defendant CALLAHAN & FUSCO,

LLC return and restore any monies received from defendant COUNTY OF PUTNAM for legal

services rendered in representing defendants WILLIAM J. MCNAMARA AND GERALD A.

SCHRAMEK, in the criminal case of plaintiffherein; and

(4) On the third cause of action, an order permanently enjoining and restraining

defendants WILLIAM G. SAYEGH, WILLIAM J. MCNAMARA, GERALD A. SCHRAMEK

AND DEBRA L. GIORDONELLO from disclosing any information acquired in the course of

their employment with the Putnam County Sheriffs Department and/or the Putnam County

Department of Probation to defendant THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C,

or any private person or attorney acting on his behalf related toor inconnection with the plaintiff

herein; and

(5) On the fourth cause of action, an order permanently disqualifying defendants

WILLIAM G. SAYEGH AND THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C from

representing Dennis J. or any members of his family in any further civil or criminal

proceedings relating to orinvolving the plaintiffherein; and

(6) Judgment awarding the costs and disbursements of this action together with such

other and further reliefasthiscourt deems just and proper.

Dated: Mahopac, New YorkJanuary 18,2012

LPTON S

SPAIN, r*

SUPREME COURT OF THE STATE OF NEW YORKCOUNTY OF PUTNAM

MARIO CARUSO,

Plaintiff,

-against-

-X

JENNIFER S. BUMGARNER, Putnam County Attorney,COUNTY OF PUTNAM, WILLIAM G. SAYEGH,THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C,WILLIAMJ. MCNAMARA,GERALDA. SCHRAMEK,CALLAHAN & FUSCO, LLC, DEBRA L. GIORDONELLOand ADAM B. LEVY, Putnam County District Attorney,

Defendants.

STATE OF NEW YORK)COUNTY OF PUTNAM ).ss:

Index No.

ATTORNEY AFFIDAVIT

IN SUPPORT OF ORDER

TO SHOW CAUSE FOR

A PRELIMINARY

INJUNCTION

C. COMPTON SPAIN, beingduly sworn, deposes andsays:

1. That I ama member of the firm of SPAIN & SPAIN, P.C, attorneys for plaintiff

MARIO CARUSO, am fullyfamiliar with, andhavepersonal knowledge of, the factsand

circumstances of thiscaseandmake this affidavit in support of theannexed Order to Show

Cause fora preliminary injunction. Thecourt is also respectfully referred to the Summons and

VerifiedComplaintseekinga permanentinjunction annexedheretoas exhibit"A", and filed

simultaneously herewith.

2. Thisis anapplication fora preliminary injunction pursuant to CPLR §6301, et. seq., to

enjoin and restrain defendants from commission and continuanceof acts, which, ifcommitted

andcontinued during the pendency of the underlying action would produce injury to the plaintiff.

3. The underlying action seeksadeclaratory judgment, disqualification from

representation and permanent injunctions against nameddefendants as follows:

(1) On the first cause of action, ajudgment declaring theappointment and

retention ofdefendants CALLAHAN & FUSCO, LLC to provide legal services to

members ofthe Putnam County Sheriffs Department relative to the plaintiffs

case illegal andimproper; and

(2) On the second cause of action, an order permanently enjoining and restraining

defendants JENNIFER S. BUMGARNER, Putnam County Attorney and the

COUNTY OF PUTNAM from hiring, retaining ordesignating outside attorneys

to provide legal representation to members ofthe Putnam County Sheriffs

Department in anycriminal proceedings involving the plaintiffherein; and

(3) On the second cause ofaction, an order directing defendant CALLAHAN &

FUSCO, LLC to return andrestore any monies received from defendant

COUNTY OF PUTNAM for legal services rendered in representing defendants

WILLIAM J. MCNAMARA AND GERALD A. SCHRAMEK, in the criminal

case of plaintiff MARIO CARUSO; and

(4) Onthe third cause ofaction, anorder permanently enjoining and restraining

defendants WILLIAM G. SAYEGH, WILLIAM J. MCNAMARA, GERALD A

SCHRAMEKAND DEBRA L. GIORDONELLO from disclosing any

information acquired in the course oftheir employment with the Putnam County

Sheriffs Department and/orthe Putnam County Department ofProbation to

defendant THE LAW OFFICES OFWILLIAM G. SAYEGH, P.C, or any private

person or attorney acting on his behalfrelated to or in connection with the

plaintiffMARIO CARUSO; and

(5) Onthefourth cause of action, an orderpermanently disqualifying defendants

WILLIAM G. SAYEGH AND THE LAW OFFICES OF WILLIAM G.

SAYEGH, P.C. from representing Dennis J. or anymembers of his

family inanyfurther civil orcriminal proceedings relating to or involving the

plaintiffMARIO CARUSO.

UNAUTHORIZED APPOINTMENT OF COUNSEL

4. The firstissue thatis presented in thiscasewasthe illegal andimproper appointment

of special counsel fordeputy sheriffs employed by the Sheriffs Department. Employees of the

Putnam CountySheriffs Department, including William G. Sayegh, William J. McNamara,

Gerald A. Schramek and Probation Officer DebraL. Giordonello, providedconfidential and

privileged information to TheLaw Firm of William G. Sayegh, P.C. to benefit Dennis J.

, a privateclient of that firm, and improperly influencethe outcomeofa criminal

proceeding in the Putnam County Court.

5. Captain William McNamara and Investigator Gerald Schramek were subpoenaed in a

criminal case in their capacity as law enforcement officers and expected to give sworn testimony

relative to the plaintiffs status as a probationer and his application to modify the sentencei

imposed by the Putnam County Court. Law enforcement officers are expected to testify

truthfully. Should it be necessary, they review their testimony with the assistant district attorney

assigned to the criminal case. There is, or should be, no need for separate civil attorneys to

advise the deputies how to testify. There was no civil proceeding or conflict between the

deputies. As was later exposed, the deputies had been providing confidential information toThe

Law Offices of William G. Sayegh, P.C. in an effort to assist with his efforts to win a civil

lawsuit The deputies realized that their official misconduct would be exposed and demanded

their own attorneys.

6. New York State County Law §501 provides, inpart, that the county attorney "...shall

prosecute and defend allcivil actions and proceedings broughtby or against the

county...and any officer..." Thecounty attorney may "employ counsel to assist in any civil

action or proceeding..." The New York State County Law §700 provides inpart, that"...it

shall be the duty of every district attorney to conduct all prosecutions for crimes and

offenses cognizable by the courtsof the county..." (emphasis added). There is nooverlap or

grayarea; there is no concurrent jurisdiction. The county attorney has nojurisdiction over the

conduct ofprosecutions forcrimes andoffenses. Likewise, the district attorney hasnoauthority

over civil matters.

7. In or about Octoberof2011, JenniferS. Bumgamer, as county attorney, designated

and assigned Callahan & Fusco, LLC, to provide legal representation to William J. McNamara

and Gerald A. Schramek relative to their involvement in plaintiffs application to amend the

orderof protection. This is, andwas, a criminalprosecution overwhichthe county attorney has

no jurisdiction. It is now clearthey soughtlegaladvice in an effort to conceal or obfuscate their

misconduct in providing privileged and confidential information to The LawOffices of William

G. Sayegh, P.C. They alsowished to conceal fromthe court the improper conflict of interest of

William G. Sayegh serving as confidential advisor to theSheriffof Putnam County andas

private attorney forDennis J. , a private litigant. Attorneys from Callahan & Fusco,

LLC metwithmembers of thesheriffs department anddiscussed the pending criminal caseand

their anticipated testimony. The attorneys were present incourt to monitor the testimony of

Investigator Schramek and offerassistance during breaks. Evenafter it wasannounced that

William J. McNamara would not becalled to testify, attorneys from Callahan &Fusco, LLC

remained incourt tomonitor the proceedings until the end. Why must the taxpayers pay lawyers

to sit in court and watch the District Attorney do his job? We look forward toreviewing the

responding affidavits to be submitted byCallahan & Fusco, LLC justifying their appointment.

8. Accordingly, Jennifer S.Bumgarner, as county attorney, should beenjoined and

restrained from retaining thelaw firm of Callahan & Fusco, LLC orany other attorneys, to

provide legal representation to the Sheriffs Department in connection with plaintiffscase, or

any future cases and that Putnam County be enjoined and restrained from paying any monies to

Callahan & Fusco, LLC for services rendered herein.

INJUNCTION

(Putnam County Code §55-10)

9. The Code of Putnam County, adopted bythe Putnam County Legislature, provides, in

part, at §55-3 that: "No County employeeshalldisclose confidential information acquiredby

him or her in the course of official duties or to use such information to further his or her

personal interest or use for profit of himself or herself or others...** (emphasis added).

10. William G. Sayegh, William J. McNamara and Gerald A. Schramek acquired,

disclosed, andusedconfidential information obtained from the Putnam County Sheriffs

Department and the Putnam County Department ofProbation (Debra L. Giordonello) to benefit

themselves and the private clientsofWilliamG. Sayeghand The Law OfficesofWilliamG.

Sayegh, P.C, as well as to improperly influence the outcome ofaproceeding in the Putnam

County Court.

11. The Code ofPutnam County provides, in part, at §55-10 that "Any resident...may

initiate an action...for injunctive relief to enjoin an officer or employee from the county

from violating this chapter..." (emphasis added). There will most certainly be further civil or

criminal proceedings inthis case and it islikely more confidential information will be

improperly provided to The Law Offices ofWilliam G. Sayegh, P.C. Accordingly, William G.

Sayegh, William J. McNamara, Gerald A. Schramek and Debra L.Giordonello should be

enjoined and restrained from disclosing any information acquired inthe course of their

employment with the Putnam County Sheriffs Department and the Department ofProbation, to

The Law Offices ofWilliam G. Sayegh, P.C, any member ofhis firm, or any private person or

attorney acting on his behalf.

DISQUALIFICATION

12. The Rules of Professional Conduct provide, in part, at §1.11(c), as follows:

"...a lawyer having information that the lawyer knows isconfidential government

information about a person acquired when the lawyer was a public officer or employee,

may not represent a private clientwhose interests are adverse to that personin a matter in

which the information could be usedto the material disadvantage of that person." The

Rulesof Professional conduct also provide, in part, at §1.11(d), as follows: **A lawyerwho

holds public office shall not:..., (2) use the public position to influence or attempt to

influence a tribunal to act in favor of the lawyeror of a client;..." (emphasis added).

13. William G. Sayegh, as an employee of thePutnam County Sheriffs Department,

obtained confidential information aboutplaintiffand used and attempted to use this information

to benefit a private client ofhis lawfirm in a matter pending in thePutnam County Court, or

some future civil proceeding to recover money damages. Accordingly, TheLaw Offices of

William G. Sayegh, P.C. should bedisqualified, enjoined andrestrained from representing

Dennis J. oranymembers of hisfamily inanyfurther civil or criminal proceedings.

PRELIMINARY INJUNCTION

14. CPLR §6301, et. seq. provides that a preliminary injunction may be granted, upon

notice to the defendants, on the grounds that"in any action where the plaintiffhasdemanded and

wouldbe entitled to a judgmentrestraining the defendant from the commission or continuance of

an act, which, if committed or continued during the pendency of the action, would produce injury

to the plaintiff."

15. If defendants are not enjoined and restrained as requested in this application, plaintiff

will be harmed in both thecriminal caseinwhich he is a defendant andany civil litigation

arising out of the same facts.

16. Plaintiffwill also be harmedas a taxpayer. GeneralMunicipal Law §51 provides, in

part, that "...all officers...ofanycounty...may be prosecuted, andan actionmaybe

maintained...toprevent waste...or to restore and makegood,any...funds ...ofsuchcounty...by

any person...whose assessment...shall amount to one thousand dollars, and who shall be liable

to pay taxes on such assessment in the county...." Plaintiff MARIO CARUSO is a property

owner liable to pay taxes on an assessment in excess ofone thousand dollars.

17. The retention ofthe law firm ofdefendant CALLAHAN & FUSCO, LLC and the

payment ofany fees to represent individual membersof the Putnam County Sheriffs

Department in pendingor concluded criminalprosecutions is illegal, improperand unauthorized

by law and will result in a waste oftaxpayer funds.

18. No other or previous applicationhas been made for the reliefrequested herein.

WHEREFORE, plaintiff respectfully requests a preliminary injunction be entered as

follows:

(A) ENJOINING AND RESTRAINING defendant JENNIFER S. BUMGARNER,

Putnam County Attorney and defendant COUNTY OF PUTNAM from hiring, retaining or

designating outside attorneys to provide legal representation to members of the Putnam County

Sheriffs Department in anycriminal proceedings involving the plaintiffherein; and

(B) ENJOINING AND RESTRAINING defendant JENNIFER S. BUMGARNER,

Putnam County Attorney and COUNTY OF PUTNAM from paying any monies to defendant

CALLAHAN & FUSCO, LLC for legal services rendered to members of the Putnam County

Sheriffs Department in connectionwith criminal proceedings involving the plaintiff herein; and

(C) ENJOINING AND RESTRAINING defendants WILLIAM G. SAYEGH,

WILLIAM J. MCNAMARA, GERALD A. SCHRAMEK and DEBRA L. GIORDONELLO

from disclosing to any private party confidential information compiled for law enforcement

purposes by the Putnam County Sheriffs Department or Probation Department regarding the

plaintiff herein; and,

(D) ENJOINING AND RESTRAINING defendant WILLIAM G. SAYEGH and

defendant THE LAW OFFICES OF WILLIAM G. SAYEGH, P.C. and any member of that law

firmfromrepresentingnon-partyDENNISJ.oranymemberofhisfamilyinany

legalproceedinginvolvingtheplaintiffherein;

ALLpendingthehearingandconclusionofthismatter,togetherwithsuchotherand

furtherreliefasthiscourtmaydeemjustandproper.

Swornbeforemethis

18*dayofJanuary,2012.

NotaryPublic

THERESAE.VOTANONotaryPublic.StaleofNewYork

No.5022666QualifiedinPutnamCounty

Commission"ixpiresJanuary18,"4