NEW- THE FLEECING OF THE TAXPAYER- HODGSON RUSS LEGAL BILL

*****NEW****Click on link below to be directed to the Hodgson Russ Legal Bills Jan- May 2016- THE FLEECING OF THE TAXPAYER.
https://drive.google.com/file/d/0B03Rg-d-K8EZYVRLTUxxVmpUNzA/view?usp=sharing


Friday, March 14, 2014

NYS Commissioner of Education Rejects Dan Chiacchia, Attorney at Chiacchia and Fleming Law Firm

Hamburg Attorney Daniel Chiacchia, partner in the law firm Chiacchia and Fleming*,  was hit by the reject button of the New York State Education Commissioner John King.   
Daniel Chiacchia's petition to the Commissioner
King gave Chiacchia what amounted to an "F" in his argument to remove Hamburg Board Members Holly Balaya and Sally Stephenson.  On March 10th , in an unusually quick turnaround time,  NYS Commissioner of Education King returned a decision to Petitioner Chiacchia rejecting his flawed arguments to have Balaya and Stephenson removed from the Hamburg Board of Education.

Mr. Chiacchia filed a petition with the NYS Commissioner some time in late November 2013.  In the petition filed by Chiachhia claims were made that the mother and daughter pair on the Hamburg Board of Education had a conflict of interest in voting on matters related to a Hamburg School District teacher, and in matters related to former school district legal counsel.   Chiacchia put pen to paper and  concocted a distorted story riddled with lies and deception, and also perpetuated his sinister plot at no fewer than 4 community meetings attended by parents, staff and students.  Mr. Chiacchia exhibited his unfamiliarity with education law in many instances, and used his petition to simply harass the respondents and those named in his poorly constructed arguments.  Most good attorneys understand that the Commissioner of Education never, or in very few instances,  remove school board members.    

Some people have claimed that Mr. Chiacchia, evidenced by his conduct at school board meetings,  has created the horror of hate in Hamburg, New York.  

In a recently published Buffalo News article,  Mr. Chiacchia pouts at the Commissioner's decision and reverts to name calling by referring to Commissioner King as, "gutless".    Apparently, Mr. Chiacchia can not handle matters of difference in a respectful manner and acts out as a childish bully. 


Link to Buffalo News Article:  Chiacchia loses in petition to NYSED Commissioner

Petitioner Chiacchia failed to sustain the burden to support an approval of his request.  In fact, the Commissioner blasts holes in Chiacchia's weak argument,  which reads more like a Harlequin romance than a legal document.  Petitioner Chiacchia's disdain for Stephenson runs from the pages of his petition, and is reflected in the commentary made by Commissioner King in the final paragraph of the decision.  Mr. Chiacchia and his merry band of misfits have held no fewer than 4 community meetings which were solely designed to harass certain members of the Hamburg community. 

Mr. Chiacchia created a tall tale wrapped in a petition to the NYS Commissioner with gross exaggeration and illegally obtained court documents in his attempt to have Balaya and Stephenson removed.   His distorted plan, which he carpetbagged around the school district fell flat on its face.  


Two things were accomplished by Mr. Chiacchia.  First, a lasting impression of an attorney who exhibits poor judgement and a callous penchant for revenge and destruction.   One is reminded of  Queen Gertrude's utterance, "The lady doth protest too much, methinks", in attempting to make sense of Mr. Chiacchia's conduct.   And second, a squandering of taxpayer dollars and resources to defended Balaya and Stephenson against Attorney Chiacchia's frivolous and maligned claims in his petition to the Commissioner of Education.  

As the district readies itself to excess staff to balance the 2014-15 school budget deficit in excess of $2.3 million dollars, perhaps the parents of the community should request that Mr. Chiacchia reimburse the district in the hopes of saving programming for the children. 


Footnote:  * Andrew Fleming, Daniel Chiacchia's partner in law was admonished by the New York State Judicial Ethics Committee in September 2013, days later, Chiacchia started his rampage on certain members of the Hamburg community who are responsible for the Fleming admonishment.  Judge Fleming, who is up for re-election in the Village of Hamburg on 3-18-14 was found by the Commission to have acted inappropriately and in violation of New York State law, when he took business from the "bench" and accepted clients in a matter over which he presided.  It appeared that the sole intent of Mr. Fleming's actions was to bring business to the law practice he shares with Daniel Chiacchia.   Mr. Fleming is asking again for the members of the Hamburg community to vote for him despite his transgressions on the bench. 
Hence, the Chiacchia revenge. 





24 comments:

Professor higgins said...

Hey Dan- so, you got the witch in your crosshairs. You are the mockery of the legal community. That news article really hurt you, buddy. Didn't you tell the folks at the hamburg community meeting- the commissioner was gonna make a quick decision and you would have to find new board members? We are pretty sure that's what was said. So Dan, explain all the lies. Gee- did don ogilve let you down? You are shameful to the community and I would never hire you or your firm. Wow- get a therapist. Boy- you are losing any credibility anyone may have thought you had. And those silly petitions- going door to door with lies. Lots of those people are on recordings. Boy will this blow up in lots of peoples faces---- real soon. Nice try little guy. Lol-

Anonymous said...

PUBLIC COMMENT — Dan Chiacchia complimented Dr. Jetter and Boston Valley Elementary School Principal James Martinez for their leadership and courage. He also addressed a legal issue and board ethics. Edward Piazza said he was continually inspired by Hamburg’s students. Joe Gunning called for the removal of three board members. Wendy Evenden also encouraged the resignation of certain board members and asked for a report on what it is costing the district to defend current litigation.

OMG, JOE GUNNING, ARE YOU KIDDING US. YOU LIVE IN FRONTIER, and JOE, YOUR FATHER IN LAW IS NONE OTHER THAN ED OSBOURNE. CONCERNED HAMBURGER, PLEASE RUN YOUR POST AGAIN ABOUT ED OSBOURNE, DON OGILVE, ANDY FLEMING AND THE SCANKS OF THE HAMBURG FOUNDATION- WHICH WAS QUICKLY DISMANTLED IN 2010...WHEN YOUR BLOG EXPOSED THE MISSING MONEY. REALLY JOE, YOU ARE GONNA WALK INTO THE PIG FIGHT? PLEASE EXPECT BLOW BACK, BECAUSE YOUR FATHER IN LAW IS THE MOST HATED MAN IN THE HISTORY OF HAMBURG. ASK AROUND JOE, AND GO BACK TO FRONTIER "JOE".

MOM ON BACKCREEK said...

I went to that meeting at Joan Calkins Church it was like demons were in the church. I saw Ed Piazza and Dan Ch..... for the first time in my life. I hope I never see them again. I went to that meeting to hear about school and ideas to make school better. Now my kids are coming home telling me the teachers at their schools are afraid they are going to lose their jobs next week. My oldest said that early next week his teacher wont have a job and she was crying in class this Friday. So, I wonder why all this crazy stuff from these two guys when we are losing our teachers and staff. That new superintendent has no experience. Gee, is this why we pay over 5,000 in school taxes for this? I say leave the two people on the board alone, they will leave eventually and tell those two crazy men to go get some medication. What about my kids education?

Anonymous said...

What did Chiachhia mean by saying Yoviene and Martinez have courage? What a strange remark. Lets see where Dan is when the house of cards blows over.

Watching Hamburg from Boston said...

Does this guy Chia realize that NYS has over 700 school districts. You know, places like Forestville, with 100 kids total. These districts have 5 or 7 member boards. They are community schools- that means that the board is from the community. And in many cases so are the teachers. I bet 1/2 the teaching staff in Hamburg went to Hamburg, and they were hired by boards that knew them- sometimes even relatives. One might look at the hiring of Amanda Bolin daughter of Eileen Rucker. Amanda WAS HIRED by her MOM. Now Dan, had you been on the scene back then you would have filed a 306 right? Isnt it your civic duty? Is Dna the man a fool, or did he think that people wouldnt see right thru his stunt. He used that petition to harass and defame people. Where was DAN last year? Balaya has been on the board for 3 years and Stephenson 2. Did Dan just wake up? Or was it because of Injustice Fleming. Gee, King himself writes in the decision that Dan didnt show hand in the questionably obtained court documents until after the petition was filed. Sloppy Lawyering- so people can see what kind of work this guy produces. Ask John P Duffy.

Anonymous said...
This comment has been removed by a blog administrator.
Esq. watcher said...

O boy, Chiacchia takes a hit in the Bflo News again today. Why would this guy do this to himself? The legal community scratches their head Dan. Have you lost your marbles? Get some help with your anger. You are losing it.

Anonymous said...

HAMBURG IDA----lookie who took Dils place, Board Members

Steve Walters, Chairman
Thomas Moses, Treasurer
Patricia Paul, Ass't Chairman
Michael Quinn
Patricia Brunner-Collins
Michael Sendor, Secretary
Norma Rusert-Kelly
Lou McDonald
Jack Chiappone
Mary Dosch, CFO
Nathan Neill, Bond Council
Craig Cwick, HIDA Atty.


Patti Brunner Collins' bother GOT millions from the IDA to expand JPs Fitzgerald. How odd it is, that JPS will host Tommy Flynn and Cam Hall's $20.00 school board election party on 3-2014. So Patti, has your brother created jobs? And Tom Flynn, arent you taking corporate welfare with your party there. Patti Brunner Collins on and IDA? That is about as funny as Laura Heeter being on a school board. God knows Laura is servicing the boys on the board.

Anonymous said...

LOOKS LIKE PATTI TOOK DILS SEAT. WHERE IS THE VOTE AND WHO APPOINTED THE DUMB BELL. HOW MANY GRANT DOES THE BRUNNER FAMILY HAVE FROM THE IDA. LOOKS LIKE CHANNEL TWO NEEDS TO INVESTIGATE PATTI. PATTI, YOU ARE STUPID. WHY WOULD YOU THINK YOU COULD UNDERSTAND BASIC MATH? REALLY PATTI, YOU ARE A DUMB ASS, DO NOTHING WHO LIED ABOUT BEING AN RN. HIDING ANYTHING ?

Pat said...

Jettter is the only one who can handle the dysfuction. Now that is a beautiful reason to hire the twerp. Dave Yoviene are you out of your mind, why did you til the last minute to give the board his contract? According to the news they had two hours. Jetter and Yoviene are made out like assholes in the paper today. And how sweet it will be when Sally and Catherine are the only ones who made any sense over questioning his salary. Wait till all the teachers get their pink slips in the next few days....they will be out for blood. JEtter where is the ENERGY BUS NOW. I give Jetter 9 months in Hamburg. Wait til Board election time when the truth comes out about Tom Flynn....this should be interesting.

Spruce Goose N.Ton watching said...

Spruce goose is watching Richard Jetter.

News Flash from North Ton. we will be contacting Rick Jetter's new victims on your school board. Seems no one really checked him out before hiring him. No tenure granted in N Ton. He managed to piss too many off and in the process used his principals positions to have PTA members and parents followed by the local police. Rick likes to make nuance calls to the local police just to jerk around anyone who doesn't agree with him. We will be following a group of us may even come to one of your meetings. PTA member N. Ton.

I forgot to mention the tall tales he tells and that Steve Achramovitch was his mentor another lying loser. Tenure denied.

Anonymous said...

with all the lay offs the supt salary is disturbing to say the least.

retired senior said...

March 11 school meeting of our elected officials.

Watched the on line meeting. One would come away with the clear reality the President of the school meeting is a weak leader. He read a statement to keep order at that meeting and he let the first speaker berate just about anyone and then let him basically take over.

Unhappy retired senior

elementary school break in? said...

We have heard that there were break ins at an elementary school and no one did any thing. Anyone know which school and what went on?

Parents

F to sb president said...

School Board President David Yovine gets an F for not running a respectable meeting.

1. violate the sb policy by mentioning anyone's name speaker is asked to sit down and give up his or her right to continue speaking.

2. speaker refuses to stop and sit down is asked to leave.

4. speaker refuses to sit down he or she at that time is escorted out of the meeting.

Dysfunction should not be allowed at our school board meeting. President of the School Board is either not in control or is involved in the attacks.

This is a fundamental problem Robert Rules of order are loosely followed and the speakers are allowed to attack just about anyone. Not protecting this policy puts our school district in a questionable position.

retired HSCD said...

Joe Gunning has his health insurance paid for by the HCSD taxpayers. He lives in Frontier school district, his father in law is Edward Osborne, the disgraced former Hamburg administrator and former Hamburg school board president who was resigned to spare further embarrassment to himself and the school community. There is a lot more on Mr. Osborne than the New York State Audit, maybe his son in law JOSEPH GUNNING pen name JOE in the Bflo news is not aware of.

Joe you do not pay taxes in Hamburg but reap the rewards.

Maple Ave said...

Richard Jetter was on a plane coming back from California in early February. My wife and I saw him. Why was he not in our district making sure our Hamburg Kids had someone watching over the big picture. Was he on a job interview out of town? This blog said was on vacation. I want to know if he was paid to be out of town for a week, while the kiddies were in school. Dave Yoviene, you are a sloppy mess. Really man, did we hear you want to go over the tax cap? I will be sure that every man and woman in Hamburg votes any budget down that doesnt get me my little tax credit from Cuomo. Mr. Yoviene, I dont make 165,000 per year. My wife and I went on our first vacation in 10 years. We raise our kids, pay our taxes and hope to hell we can put it all together and give our family what they need. I am disgusted at you and seeing that child Jetter on a plane coming home from vacation when he should have been at work. Then you slobs have the balls to bitch at Sally Stephenson and Catherine what ever her last name is because they dont want to pay someone with zero experience that kind of money? What planet are you people on? I will vote no on any budget one penny over the tax cap, and I will be sending my kids to Catholic High Schools after HHS is gutted because Jetter and Yoviene are idiots. One your own dime, NOT mine.

Anonymous said...

How did fundraiser go for Tom Flynn and Camm Hall? They had the balls to charge $20.00 per person for people to meet them. I met Brian Higgins for free when he ran for Congress. Cam, here is a tip- you are not running for a paid office- its the school board. Dont you realize that Hamburg has some of the highest taxes in NYS and that people dont have $20.00 to blow to meet you. We would rather you come to us and NOT as us for any money! Who is giving you your advice? Let us guess. And here is another news flash, the teachers HATE Tom Flynn. He is the one who said on the news Shame on Hamburg Teachers. Also, Flynn has cut dozens of teachers and staff in the last 3 years. We got lots of teachers in our family. His behavior his an embarassment and the teachers want him off the board NOT on it. Flynn is on the record as saying he is against teachers unions, he is a registered Republican. So Cam, you seem like a friendly fellow, here is some advice- exit stage left or right. Jump of the stage- just get away from Tom Flynn. He is damaged goods. Just saying sir, you seem like an OK dude and you are best served staying away from Flynn. So, how many people gave you $20.00 last night? Be sure you document everything- Laura Hetter is still in a jam because she took thousands of dollars and did not report it. Its being investigated by Albany. Keep your records orderly, and stay away from Flynn. Good luck dude, hope you can raise about the Hamburg Haters.

Anonymous said...

Burbank California

Anonymous said...

First, I would like to thank this BOE for having the Board Briefings posted in a timely manner and after all meetings these last 18 months which never happened before that time.

Second, I believe hiring Dr. Jetter is just an extension of the SA era which the district was trying to get away from.

Third, 2 years ago June, a Sr. Clerk Typist position was eliminated due to retirement from AES along with 3 Clerk Typist positions. A few months back a Sr. Clerk Typist was transferred (to accommodate an issue??) into this “eliminated” position and then at the Jan. 14 BOE meeting a Sr. Clerk Typist position was again created and a new person hired at the Feb. 11 BOE meeting to fill this open position. Now, just a month later, the BOE is considering again eliminating a Sr. Clerk Typist position that has been vacant at HAB a VERY LONG TIME. Who has been doing that work? What gives? Does no one think ahead? Eliminate. Create. Eliminate. Why? Ms. Forucci questioned this at the Jan. 14 meeting. I think she should continue questioning this. And what about those 3 clerk positions – did no one think to recreate those jobs to hire back laid off workers instead of hiring a new one? There are numerous part time positions and yet you are again eliminating a full time one.

Fourth, I believe Commissioner King was not reprimanding Balaya and Stevenson but the ENTIRE BOE for their actions as a whole – bottom line is they need to all get along and maybe make their new motto a statement made by a Sweet Home board member this week: “We don’t always vote in unanimity but once the decision is made, we work forward in lockstep.”

Fifth, the BOE President needs to take control of the meetings, something he has not done, or he should be replaced. That gavel should be in pieces…you cannot, no matter your opinion, allow anyone to continue to defame people at these meetings. He should adhere to the guidelines for allowing the public to speak at BOE meetings:
”According to the district’s Civility Policy #3150, the district promotes mutual respect,
civility, and orderly conduct among District employees, parents, and the public. The
policy is not intended to deprive any person of his or her right to freedom of expression.
Rather, seek to maintain, to the extent possible and reasonable, a safe, harassment-free
workplace for students and staff. In the interest of presenting teachers and other employees as positive role models, we encourage positive communication and discourage volatile, hostile, or aggressive actions.”

Sixth, ALL BOE members should receive ALL agenda documents in the same timely manner prior to meetings as a courtesy to everyone.

Someone who cares!

Anonymous said...

"This comment has been removed by a blog administrator." Seriously???

The gig has been up for years!!!!-
The same pathetic, compulsive, OBVIOUS poster hiding under 80% of the "anonymous said" postings-- has been posting the same thing, in the same tone, syntax, and pretentious verbage over and OVER and OVERRRR for YEARS now! Get a life, some medication, and a lawyer (ooops, everyone knows you already have one and exactly who you are). BTW, hamburgler, You were exposed on the Front page of The Buffalo News Last summer and fueled a community response in which you will never recover.
(To be removed by blog administrator who is not open to free speech)! Ironic!

Anonymous said...

big pow wow at the admin building Monday at 6PM
teachers union
Ptsa
BOE
smiling rick

no sally?

Anonymous said...

Laura Heeter is literally the dumbest person to ever sit on a school board.

Anonymous said...

10:55, obviously you cant read. You obviously have trouble comprehending. Must be that former BOE member, the knuckle head who stole foundation money and went to africa on the taxpayers. ba haha..