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Syaed Ali’s Lawsuit

Filed under: Byron Brown, Local Politics

For the collectors and scandal enthusiasts out there, here’s a copy of Syaed Ali’s lawsuit against the City of Buffalo, New York State AG investigator Michael McCarthy, and BPD detective Anna Mydlarz:

STATE OF NEW YORK
SUPREME COURT  :  COUNTY OF ERIE

SYAED A. ALI,

Plaintiff,
v.                             COMPLAINT

MICHAEL G. McCARTNEY,
ANNA MYDLARZ
Index No.  ______________
and

CITY OF BUFFALO,

Defendants.
______________________________________

Plaintiff, by his attorney, DAVID GERALD JAY, as and for his Complaint against the Defendants herein, alleges:

PERSONAL JURISDICTION AND VENUE

1.    Plaintiff was at all times pertinent to the Complaint a resident of the County of Erie and State of New York.

2.    Upon information and belief, the individual defendants were at all times hereinafter mentioned residents of the County of Erie and State of New York.

3.    Defendant CITY OF BUFFALO is a municipal corporation, duly organized and existing under and pursuant to the laws of the State of New York, with offices for the conduct of its business located in the City of Buffalo, County of Erie and State of New York.

SUBJECT MATTER JURISDICTION

4.    Plaintiff asserts the claims based upon theories of false arrest and unlawful imprisonment pursuant to the provisions of 42 U.S.C. § 1983, in order to vindicate his constitutional rights as provided in the United States Constitution, amends. iv, v and xiv.

5.     Plaintiff asserts the claim based upon the theory of the wrongful withholding of personal property under state law concepts of conversion, replevin and/or wrongful detention.

6.    This Court has jurisdiction over this case pursuant to the provisions of New York Const., art 6, § 7 and the teachings of Maine v. Thiboutot, 404 U.S. 1 (1980).

CONDITION PRECEDENT

7.      Prior to the commencement of this action, and on or about the 12th day of December, 2008, a Notice of plaintiff’s claim based upon state law and the times and places where the damages alleged herein were incurred and sustained was filed by plaintiff with the City of Buffalo, pursuant to General Municipal Law § 50-e, within ninety days after accrual of that cause of action.

8.    Plaintiff submitted to an examination conducted by representatives of the City of Buffalo in accordance with General Municipal Law § 50-h on April 2, 2009, at which examination he was interrogated as to the nature of his claims.

9.    This action has been commenced within one year and ninety days after the cause of action based upon state law herein accrued and thirty days after the filing of the Notice of Claim, without any offers of settlement of the claims by the defendant CITY OF BUFFALO.

THE FACTS

10.    On or about Friday, November 7, 2008 at approximately 7:00 A.M., plaintiff was at his home, 578 Breckenridge Avenue, located in the City of Buffalo, County of Erie and State of New York.

11.    At that time and place, the individual defendants and others unknown to plaintiff, entered said home, allegedly pursuant to the directions contained in a Search Warrant, searched the premises and seized various items of personal property owned by the plaintiff and members of his family who also reside at that location.

12.    The individual defendants placed plaintiff under arrest, transported him to the office of the New York State Attorney General in Buffalo, New York, caused him to be questioned for approximately seven hours, then turned him over to a special agent of the Federal Bureau of Investigation for further interrogation which lasted approximately another fifteen minutes, whereupon plaintiff was released.

13.       At all times and places pertinent to the claims herein alleged, the defendant McCartney was an investigator employed by the office of the Attorney General of the State of New York, and was acting under color of law, pursuant to his duties as a police or peace officer of the State of New York.

14.    At all times and places pertinent to the claims herein alleged, the defendant Mydlarz was an employee of the Department of Police of the City of Buffalo, and was acting under color of law, pursuant to her duties as a police officer of the State of New York.

15.    At all times and places pertinent to the claims herein alleged, the individual defendants were acting within the course of their employment as police or peace officers

16.    At all times and places pertinent to the claims herein alleged, the individual defendants were acting within the scope of their authority as police or peace officers.
FIRST CLAIM AGAINST DEFENDANTS
MYDLARZ AND CITY OF BUFFALO

17.    Plaintiff has demanded of defendants numerous times since the seizure of his property that it be returned to him.

18.    Defendants have neglected and refused to restore said property to plaintiff.

19.    The retention of said property by defendants has impeded plaintiff’s ability to use said property, all to his damage.

SECOND CLAIM AGAINST DEFENDANTS
MYDLARZ AND McCARTNEY

20.    The arrest and detention of plaintiff were without reasonable suspicion that he had committed any offense, without probable cause that he has committed any offense, without any basis whatsoever and was in violation of his constitutional rights as aforesaid.

21.    That the actions of the individual defendants in arresting and detaining plaintiff were willful, wanton, oppressive and illegal.

RELIEF REQUESTED

WHEREFORE, Plaintiff demands judgment as follows:

1.    Plaintiff demands judgment for general compensatory damages against the defendants in such sum as a jury may allow as damages, which sum exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action;

2.     Plaintiff also demands judgment for exemplary or punitive damages against the individual defendants only in such sum as a jury may allow as damages, which sum exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action

3.    Plaintiff demands that the property taken from his residence be returned to him and that he be compensated for its loss for the period he has been deprived of its use, or, in the alternative, should defendants not return said property, plaintiff demands that he be compensated for the permanent loss of said property in such sum as a jury may award as damages, which sum exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction over this action.

4    Plaintiff demands the costs and disbursements of this action.

5.    Plaintiff requests oral argument of any motion which may be made during the course of this action.

6.    Plaintiff demands a trial by jury

7.    Plaintiff demands his attorneys fees pursuant to 42 U.S.C. § 1988, should he be successful on his claim brought pursuant to 42 U.S.C. § 1983.
DATED:    Buffalo, New York
June 29, 2009
DAVID GERALD JAY

_____________________
David Gerald Jay
Attorney for Plaintiff
69 Delaware Avenue, Suite 1103
Buffalo, NY  14202
(716)  856-6300


  • scores

    check anna mydlarz background, she has property in foreclosure, a federal tax lien in excess of $40,000 and other judgments for failing to pay creditors, she also has a power of attorney case concerning an elderly lady and now the family is fighting her…that should help the case

  • Dick Kern

    Syaed Ali, Gramigna & Illuzzi: does truth matter?

    Having long battled unaccountable govt & a culture of corruption in Bflo, the current controversy about Syaed Ali vs Byron Brown & the Bflo police is only the latest chapter in a seemingly never-ending saga.

    There are important abuses of the Constitution, but those issues are likely to be badly muddied by Syaed Ali’s dubious character.

    When I first heard about Syaed’s being ‘detained’ I reached out to him in early 2009, fearing that he was suffering what had repeatedly happened to me. He began calling me frequently . . . & I quickly distanced myself as it became clear that he was far from truthful, or ethical, in many of his claims.

    Then things got heavy.

    About a month ago, I inquired of his Sail-It.net information link about the status of his “hiring spree” announced in October in Business First at his alleged ‘largest IT company in the entire world’.

    He had claimed he was hiring 150 more workers, tripling his then-staff of 70 . . as nobody knew his business address, other than his parent’s home on Breckenridge.

    I immediatley got a “cease & desist” warning from Ali & threats of legal action.

    Then Ali’s chief advocate (& advertiser) Glenn Gramigna (& Dem Party pay-for-praise website publisher) exposed my latest alleged crime . .

    SEE . . .(QUOTE)

    http://www.newwnypolitics.net/index.php?limitstart=80

    (UNDATED)

    Ex Buffalo Activist Admits Writing Notorious, Totally False Byron Brown E-Mails

    Written by Glenn Gramigna, Editor

    FORMER LOCAL ACTIVIST, GADFLY ADMITS WRITING LIBELOUS, COMPLETELY INACCURATE BYRON BROWN E-MAILS IN PHONE CONVERSATIONS

    NewWNYPolitics has learned that a former Buffalo political activist, who has since left town, has admitted authorship of that notorious series of e-mails which falsely sought to implicate Buffalo Mayor Byron Brown in various forms of improper conduct. The confessions came in a series of phone calls this individual has made recently. Known to mix erratic behavior with occasionally intelligent critiques of area shortcomings, this person has stayed active in local affairs through e-mails and phone calls, while living out of the area in recent years. His signed e-mails often consist of wild charges and bizarre claims, not unlike those contained in the civilly actionable series of untrue cyberspace attacks aimed at the Mayor.

    Meanwhile, despite the claims of some, WNY information technology entrepreneur Syaed Ali, has not permanently forsaken Buffalo for Toronto, Stamford, CT or anywhere else. Instead, this 25 year old high tech professional is currently on a business trip to the West Coast and intends to return to the Queen City soon. (END QUOTE)

    Gramigna promised to sit down with me & my attorney to address his slander & character assassination during my just completed 10 day visit to Bflo . . . but Gramigna repeatedly alleged he was ‘too busy’ while I was in Bflo.

    Now Joe Illuzzi (whose life of scams I exposed long ago on http://www.Kernwatch.com & who is now ‘official’ Republican Party pay-for-praise-provider . . since his ‘divorce’ from Gramigna who long was paid-to-praise-politicians by Illuzzi) has joined the refrain.

    (QUOTE)
    http://illuzziletter.com/

    July (6), 2009

    (viewed 7/5/09, posted earlier??)

    The Syaed Ali matter that you are hearing & reading about is a Homeland Security investigation.

    While this character filed a politically motivated lawsuit against the City the fact is this investigation involved numerous law enforcement agencies.

    Please keep in mind this is the same idiot that claimed the Mayor’s people sent out a number of inflammatory emails, later recanted. They claimed one of the worst low life, lying, degenerates I have met in my 13 years doing this Dick Kern is responsible for the emails.

    There have been so many stories recanted by Ali & his web friends its getting close to being criminal; the reason people are being paid to print this nonsense. … (END QUOTE)

    In Bflo, does truth matter at all?

    Are all the top politicians & judicial candidates who fund Illuzzi’s & Gramigna’s pay-for-praise sites at all concerned about truth? Ethics? Accountability?