Artvoice: Buffalo's #1 Newsweekly
Home Blogs Web Features Events Weekly Features Classifieds Contact

Syaed Ali: The Legal Papers

After the jump you can read the text of the notice of complaint Syaed Ali‘s lawyers filed on December 10.

But before you do: I like to give credit to the Buffalo News when a story therein inspires me to write something, so let me give a nod to Brian Meyer’s piece in today’s local section on the Syaed Ali case: His piece inspired me to be aggravated again that News reporters never credit other news outlets (or at least not AV) when they use our reporting. We published this story online a week ago and in print yesterday.

It’s utterly graceless and petty, whether it comes from the reporters or the editors.

STATE OF NEW YORK
SUPREME COURT  :  COUNTY OF ERIE
____________________________________________

In the Matter of the Claim of
SYAED ALI

-against-                            NOTICE OF CLAIM

CITY OF BUFFALO
____________________________________________

PLEASE TAKE NOTICE, that the undersigned claimant residing at 578 Breckenridge Street, Buffalo, New York  14222, whose attorneys are Magavern Magavern Grimm LLP, 1100 Rand Building, 14 Lafayette Square, Buffalo, New York  14203 makes the following claims:

1.    The nature of the claims are the intentional and/or negligent acts and omissions of the Buffalo Police Department, its agents, servants and/or employees, in the false arrest, restraint, imprisonment and custodial interrogation of claimant without a warrant of arrest and without reasonable cause to believe that he had committed an offense, the malicious prosecution of claimant, abuse of process, trespass, conversion and withholding of claimant’s personal property, defamation of claimant’s character and the deprivation, abridgement and violation of claimant’s rights to be free from unreasonable searches and seizures of his person and property as guaranteed by the Constitution of the United States and the Constitution of the State of New York.
2.    The claims arose on November 7, 2008 at approximately 7:00 A.M. at 578 Breckenridge Street, Buffalo, New York.  At that time claimant’s residence was searched and his person and property were seized by the Buffalo Police Department, its agents, servants and/or employees during the execution of a search warrant which was issued by Buffalo City Court Judge Craig D. Hannah on October 31, 2008.  Said warrant allowed the search of claimant’s residence and the seizure of computer hardware, software and documentation evidencing the crime of “Aggravated Harassment, in violation of Penal Law Section 240.31 1″, although said Penal Law section pertains to the damage of a premises used for religious purposes.  Said seizures of person and property thereafter continued until approximately 2:30 P.M. at the Office of the Attorney General of the State of New York, Main Place Tower, 350 Main Street, Suite 300A, Buffalo, New York  14202 and at the Office of the Federal Bureau of Investigation, One FBI Plaza, Buffalo, New York  14202 and in transit from and to said places.  Said seizure of claimant’s property continues to this day.
3.    The first claim is for the seizure of claimant’s person whereby he was injured and damaged and sustained great mental pain, suffering, distress, and anguish, his liberty and freedom of movement were restricted, he was interrogated, he was defamed, and his constitutional rights to be free of unreasonable searches and seizure of his person were violated.

4.    Claimant’s second claim is for the conversion and wrongful withholding of claimant’s personal property, including that which is itemized on attached Schedule A.  The damage and injury claimed is that the claimant has been denied the possession, use and enjoyment of said personal property, including business opportunity and profits, and his constitutional rights to be free from unreasonable searches and seizures of his property has been violated.
The undersigned claimant presents this claim for adjustment and payment and the immediate return of his personal property.  You are notified that unless it is adjusted and paid within the time provided for by law from the date of presentation to you, the claimant intends to commence an action on this claim.
Dated:        Buffalo, New York
December 11, 2008

Syaed Ali
Claimant

MAGAVERN MAGAVERN GRIMM LLP

By _____________________________________
Richard A. Grimm, III, Esq.
Attorneys for Claimant
1100 Rand Building
14 Lafayette Square
Buffalo, NY  14203
(716) 856-3500

\15000.0001\171844.doc

VERIFICATION

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

Syaed Ali, being duly sworn, deposes and says that he is the Claimant; that he has read the foregoing Notice of Claim and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged upon information and belief, and as to those matters he believes it to be true.

Syaed Ali

Sworn to before me this
____ day of December, 2008.

Notary Public


  • John Q Blogger

    Artvoice is now the new Courier Express in competition with the Buffalo News.

  • http://b-lofreezing.wnymedia.net/blogs/ rastamick

    Syaed it aint so… Does the guy’s non North Buffalo sounding name make it ok to dog the hell out of him I am wondering or has Byron been studying the Bush handbook ? This whole thing is truly bizarre. May I ask Geoff if there will be any follow up to the Resultech scandal from AV ? I am thinking of jeopardizing what remains of my career by writing a book about it.

  • http://b-lofreezing.wnymedia.net/blogs/ rastamick

    JQB — Artvoice is the NY Times in competition with The Spectrum ( forgive the UB insider reference please) if you want to compare the B-Lo News with it.

  • Donna Cayote

    Hey folks, I looked up the Ali name in the Buffalo Phone book and found a Syed F. Ali listed at the 578 Breckenridge St. Address. Syed is the spelling in the phone book. Are these two different people or is Syaed the correct spelling of the name that is listed in the Notice of Claim? Did Verizon make a mistake? or what?
    Will the Notice of Claim as filed attract any more deserved attention to this matter or will Brownie get another Pass Go and collect $200 card?
    And should Mr. Ali ask for a change of venue because of the corruption and incestuous political connections found in this backwater/blackwater city?

  • Peter A Reese

    According to the Board of Elections voter file, Syed F. Ali was born in 1955. Syaed Amian Ali was born in August, 1984, and would be the subject 24 year old.

  • Dick Kern

    Media reports have not so far revealed that in addition to dramatic violations of Syaed’s rights on October 7, there was troubling “collateral damage” against his parents & adult brother who share the Breckenridge residence.

    The six, or so, ‘authorities’ siezed about 10 garbage bags of personal possessions not belonging to Syaed & not covered by the search warrant.

    Some of the family members’ possessions taken were several thousands in cash & uncashed checks, valuable business contracts & rental agreements, checkbooks, several years of tax returns, house & car keys . . . and his mother’s purse.

    The “inventory list” given by police covers only a small portion of the seized goods, so family members are gradually discovering the full extent of their losses.

    Nearly 11 weeks after this dramatic abuse of power, with no charges filed, nothing has been returned & no apology issued . . . as Byron Brown is being evaluated for elevation to the US Senate!

  • Twixt

    A first I wasn’t sure that the raid happened or that the films existed. But then when it became apparent that Syaed’s home was ransacked and his belongings weren’t returned until this week, 10 weeks after the violation of Mr. Ali’s Rights, I had to ask myself this one question: Did the mayor kamikaze Ali’s home because he knew the tapes didn’t exist?

    The Mayor therefore knows the films exist and somehow Syaed knows what is on the tapes. Which may have lead the Feds to believe that blackmail Could be taking place and that would explain their involvement.

  • Lancey Howard

    Twixt, that would seem logical and therefor the mayor breaking the law could be seen at least as understandable, but there is a much darker option. What if the Mayor knew the tapes didn’t exist? What if the Mayor launched the raid to teach Ali that opposing him or his gang would have dire consequences, enforced by the Government?

  • Dick Kern

    CORRECTION: In my entry above I described the “search” as occuring on Oct 7, which is wrong. The correct date is November 7, using the search warrant which had been signed by City Court Judge Craig Hannah on October 31.

    Ironically, the day Mayor Byron Brown’s close friend Craig Hannah signed-off on the attack on Ali’s family is the same day that “Business First” published an article about Ali’s company’s plan to add jobs in Bflo.

    SEE:
    Buffalo IT co. plans hiring spree

    http://www.bizjournals.com/buffalo/stories/2008/10/27/daily52.html

  • Peter A Reese

    What If? Then we have a huge, actionable, expense civil rights violation. But even more to the point, if there was no basis for the raid, this is clearly grounds for removing the miscreants from office.

  • Guessing

    I am just guessing and hoping that there is more to this story. I do not see Law enforcement people from 3 agencies getting involved in this seemingly goose chase without probable cause and a reasonable explanation. It might have been a means to further a more serious investigation. I can see one Agency making a mistake, but not all three. Search Warrants are serious business, so I strongly doubt that the BPD, State Attny General’s Office, and the FBI all made the same blunder. There are just too many internal checks and balances multiplied by 3 separate agencies.

  • Mr. Justice

    Well the BPD may have lied to the 3 other agencies, read Gramigia’s article.

  • Mr. Justice

    They should remove him from office

  • Simon Magus

    Gipson may have mislead the other agencies without lying. He may have become confused because he’s taking prescribed (and totally legal) medication to help him with his “past problem.”

    And I hope it is in the past. (he’s only human).

  • Mr. Justice

    “What If? Then we have a huge, actionable, expense civil rights violation. But even more to the point, if there was no basis for the raid, this is clearly grounds for removing the miscreants from office.”

    “Comment by Peter A Reese — January 24, 2009 @ 5:42 pm

    How could We start the process to remove him from office?