You are on page 1of 77
Ata part of the Supreme Court of the State of New York, held in and for the County of Richmond, at 130 Stuyvesant Place, Staten Island, New York, on. the day of , 2015. PRESENT: CHRISTOPHER A. FRANGE, as parent and natural guardian of CHRISTOPHER M. Index No.: FRANGE, a minor child and football player at Susan Wagner High School, and on behalf Date Purchased: 9/4/15 of those Susan Wagner High School football players and their parents who are similarly situated, Petitioner, ORDER TO SHOW CAUSE -against- THE CITY OF NEW YORK, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, and the PUBLIC SCHOOLS ATHLETIC LEAGUE, Respondents. Upon the reading and filing of the emergency affirmation of Richard A. Luthmann, Esq. and the Exhibits thereto, dated September 4, 2015, and the annexed Verified Petition of CHRISTOPHER A. FRANGE (‘Frange”), as parent and natural guardian of CHRISTOPHER M. FRANGE (“Chris”), a minor child and football player at Susan Wagner High School, and on behalf of those Susan Wagner High School football players and their parents, and the Exhibits thereto, duly verified on September 4, 2015; and delivered to the Corporation Counsel for the City of New York, attorneys for THE CITY OF NEW YORK, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK (“NYCDOE”), and the PUBLIC SCHOOLS ATHLETIC LEAGUE (“PSAL’) and upon all of the papers and proceedings herein, it is hereby: ORDERED, that the Respondents named hereinabove show cause before this Court at a Term, Part to be held at the Courthouse located at 130 Stuyvesant Place, Staten Island, New York, on the day of , 2015, at , or as soon thereafter as counsel can be heard, why an Order should not be made and entered herein: a. That the Court shall issue the Judicial Subpoena of Special NYCDOE Inspector Condon in the form attached hereto to appeal on the return date of this petition; and b. That the Court shall issue an Order that shall temporarily, preliminary and permanently enjoin Respondents from suspending Susan Wagner High School football team practices; and c. That the Court shall issue an Order that shall temporarily, preliminary and permanently enjoin Respondents from suspending the 2015 Susan Wagner High School football team schedule; and a That the Court shall issue an Order that shall temporarily, preliminary and permanently enjoin Respondents from suspending the suspension of the upcoming Varsity and Junior Varsity games. against Port Richmond High School this weekend; or in the alternative; e. That the Court shall issue an Order that if this weekend's Varsity and Junior Varsity games against Port Richmond High School cannot take place because of PSAL safety regulations, the Court should order the Port Richmond High School game rescheduled at some point AFTER the scheduled Tottenville High School games s0 as to avoid any appearance of impropriety on the part to the Respondents; and f. That a full record should be made on the retum date of the Petition to explain how the Respondents so utterly failed the innocent people who played by the rules: Frange, Chris, and the many Susan Wagner High School athletes and parents similarly situated; and g. Granting Petitioner such other and further relief as this Court deems just and proper; and it is further ORDERED, that Respondents are hereby order and directed to produce upon the hearing of this Order to Show Cause and on all adjournments thereof, NYCDOE SPECIAL INVESTIGATOR CONDON AND ANY AND ALL MATERIALS AND THINGS RELATED TO THE NYC DOE INVESTIGATION OF AN ALLEGED HAZING INCIDENT RELATED TO SUSAN WAGNER HIGH SCHOOL FOOTBALL FROM AUGUST, 2015 UNTIL THE RETURN DATE HERETO; and such other records of Respondents as may relate to this matter for examination by this Court; and it is further SUFFICIENT CAUSE APPEARING THEREFOR, leave is hereby granted to the Petitioners to submit, upon the return date of this Order to Show Cause, and any adjournments thereof, and the argument thereof, such additional evidence, exhibits, and other proof as may be necessary, including without limitation, such proof as may be necessary to support any allegations contained in the Verified Petition. SUFFICIENT CAUSE APPEARING THEREFOR, it is further ORDERED that service of a copy of this Order to Show Cause and Verified Petition with index number and date of filing endorsed thereon together with the papers upon which it is based be made upon: Respondent THE CITY OF NEW YORK, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK (“NYCDOE”), and the PUBLIC SCHOOLS ATHLETIC LEAGUE ("PSAL”), on or before the ___day of » 2015 and that service of a copy of this order together with the papers upon which it is based to be made on Respondents and / or their attorneys by: shall be deemed good and sufficient service thereof. ORDERED, that any requirement that the affidavits of service be filed with the Clerk of the Court be extended to the return date of this Petition, and ‘such affidavits shall be filed with the Clerk of the Part on the return date, and that any requirement that substituted service be preceded by due diligence attempt(s) at personal delivery upon Respondents be and is hereby waived, and that the ten day completion of service provision be waived by this Order. ENTER: JSC. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND X CHRISTOPHER A. FRANGE, as parent and natural guardian of CHRISTOPHER M. Index No, FRANGE, a minor child and football player at Susan Wagner High School, and on behalf Date Purchased: 9/4/15 of those Susan Wagner High School football players and their parents who are similarly situated, Petitioner, EMERGENCY AFFIRMATION -against- THE CITY OF NEW YORK, THE. DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, and the PUBLIC SCHOOLS ATHLETIC LEAGUE, Respondent. — -———-——X RICHARD A. LUTHMANN, ESQ., an attorney at law admitted to practice in the Courts of the State of New York affirms the following under the penalties of perjury: 1. lam attorney for the petitioner, CHRISTOPHER A. FRANGE, as parent and natural guardian of CHRISTOPHER M. FRANGE, a minor child and football player at Susan Wagner High School, and on behalf of those Susan Wagner High School football players and their parents, who are similarly situated, and | am fully familiar with the facts herein. 2. This matter is brought as an EMERGENCY APPLICATION under Article 78 of the CPLR based on the arbitrary and capricious determination of the Respondents herein. 3. Attached herewith is an affidavit of petitioner, CHRISTOPHER A. FRANGE, parent and natural guardian of CHRISTOPHER M. FRANGE, a minor child and football player at Susan Wagner High School. 4, Attached herewith is an affidavit of CHRISTOPHER M. FRANGE, a minor child and football player at Susan Wagner High School. 5. Attached herewith is a true copy of the Verified Petition with Exhibits in this matter. 6. No previous request for the relief requested herein has been made. WHEREFORE, petitioner respectfully prays for an Order and Judgment, granting the relief requested herein and in the Order to Show Cause, and for such other and further relief as this Court deems just and proper, to wit: A. That the Court shall issue the Judicial Subpoena of Special NYCDOE Inspector Condon in the form attached hereto to appeal on the return date of this petition; and B. That the Court shall issue an Order that shall temporarily, preliminary and permanently enjoin Respondents from suspending Susan Wagner High School football team practices; and C. That the Court shall issue an Order that shall temporarily, preliminary and permanently enjoin Respondents from suspending the 2015 Susan Wagner High School football team schedule; and D. That the Court shall issue an Order that shall temporarily, preliminary and permanently enjoin Respondents from suspending the suspension of the upcoming Varsity and Junior Varsity games against Port Richmond High School this weekend; or in the alternative; m . That the Court shall issue an Order that if this weekend's Varsity and Junior Varsity games against Port Richmond High School cannot take place because of PSAL safety regulations, the Court should order the Port Richmond High Schoo! game rescheduled at some point AFTER the scheduled Tottenville High School games so as to avoid any appearance of impropriety on the part to the Respondents; and F. That a full record should be made on the return date of the Petition to explain how the Respondents so utterly failed the innocent people 3 who played by the rules: Frange, Chris, and the many Susan Wagner High School athletes and parents similarly situated Dated: Staten Island, New York September 4, 2015 Respectfully submitted, LUTHMANN LAW FIRM PLLC By: Richard A. Lithmann, Esq 1811 Victory Boulevard Staten Island, NY 10314 Tel: (718) 447-0003 Fax: (347) 252-0254 rluthmann@luthmannfirm.com SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND “KX CHRISTOPHER A. FRANGE, as parent and natural guardian of CHRISTOPHER M. Index No.: FRANGE, a minor child and football player at Susan Wagner High School, and on behalf Date Purchased: 9/4/15 of those Susan Wagner High School football players and their parents who are similarly situated, Petitioner, AFFIDAVIT OF CHRISTOPHER A. -against- FRANGE THE CITY OF NEW YORK, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, and the PUBLIC SCHOOLS ATHLETIC LEAGUE, Respondent. -———-X STATE OF NEW YORK ) S: COUNTY OF RICHMOND) CHRISTOPHER A. FRANGE, of full age, swears to the truth of the following: 1. | am the parent and natural guardian of CHRISTOPHER M. FRANGE, a minor child and football player at Susan Wagner High School. me | am the Petitioner in this action and | bring the same on behalf CHRISTOPHER M. FRANGE, my son, and on behalf of those Susan 1 Wagner High School football players and their parents, who are similarly situated. 3. | wish the court to consider the Verified Petition in this matter as my Affidavit pursuant to CPLR §105(u). 4. In addition, | would like to say how upset | am as to the treatment of my son and all of the innocent children on this football team. The Susan Wagner High School football program is an excellent program and Head Coach Al Paturzo is a great man. Coach Paturzo has molded my son's character as well as the character of many men over the years. Coach Paturzo has taught our children to be humble, to play by the rules, to work hard and to succeed. In one fell swoop, the City of New York, the NYCDOE and the PSAL seek to undue all of these important character-building lessons. | am sickened that our public schools would hurt innocent children and their ability to advance. 5. Also, | am a taxpayer. Why do | support this school system if it is effectively picking my pocket by not giving my child the opportunity to compete for a college scholarship? It is a disgrace. 6. LET THE TEAM PRACTICE. LET THE TEAM PLAY. PERIOD. SIGNATURE PAGE OF AFFIDAVIT State of New York, County of Richmond ss.: BRIAN HEFFERAN, being duly sworn, deposes and says: | am a party in this matter. | am the parent and natural guardian of CHRISTOPER M. FRANGE. | have read the foregoing Affidavit to be submitted to the Court and know the contents to be true to my own knowledge, except for those matters alleged to be on information and belief, and as to those matters, | believe them to be true. us ISTOPHER A. FRA ‘Sworn to before me this day of Seg don ,20 8. = TARY PUBLIC RICHARD A LUTHKANN NOTARY PUILIC STATE OF YORK REG.NO-O2LUS235872 COMM. EXP FEB. 1h 2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND natural guardian of CHRISTOPHER M. Index No.: FRANGE, a minor child and football player at Susan Wagner High School, and on behalf Date Purchased: 9/4/15 of those Susan Wagner High School football players and their parents who are similarly situated, Petitioner, AFFIDAVIT OF CHRISTOPHER M. -against- FRANGE THE CITY OF NEW YORK, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, and the PUBLIC SCHOOLS ATHLETIC LEAGUE, Respondent. ee Xx STATE OF NEWYORK) Ss: ) COUNTY OF RICHMOND) CHRISTOPHER M. FRANGE, swears to the truth of the following: 1. My father is CHRISTOPHER A. FRANGE, the Petitioner in this action. | wish the court to consider the Verified Petition in this matter as my Affidavit pursuant to CPLR §105(u). 2. In addition, | want to say how upset | am that | worked so hard to play football, but | am not allowed to do so based on the wrongful acts of others. | am angry that Coach Al Paturzo and entire Susan Wagner Football family our family is being attacked. My lawyer will say the rest. 7 SIGNATURE PAGE OF AFFIDAVIT State of New York, County of Richmond ss.: CHRISTOPER M. FRANGE, being duly sworn, deposes and says: | am an interested party in this matter. My father and natural guardian is CHRISTOPER A. FRANGE. | have read the foregoing Affidavit to be submitted to the Court and know the contents to be true to my own knowledge, except for those matters alleged to be on information and belief, and as to those matters, I believe them to be true. CHRISTOPER M. FRAI ~ ‘Sworn to before me this day of, . 7 " NOTARY PUBLIC twaRD. a LUTRMANK Sioraay puaLtc state OF NEW YORE 5872 Res. 0: O2LUE2IE872 COMM EXP: FEB. ths 2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND es ae sieesseieaeeeey CHRISTOPHER A. FRANGE, as parent and natural guardian of CHRISTOPHER M. Index No.: FRANGE, a minor child and football player at Susan Wagner High School, and on behalf Date Purchased: 9/4/15 of those Susan Wagner High School football players and their parents who are similarly situated, Petitioner, VERIFIED PETITION -against- THE CITY OF NEW YORK, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, and the PUBLIC SCHOOLS ATHLETIC LEAGUE, Respondent. TQ THE SUPREME COURT OF THE STATE OF NEW YORK: Petitioner CHRISTOPHER A. FRANGE, as parent and natural guardian of CHRISTOPHER M. FRANGE, a minor child and football player at Susan Wagner High School, and on behalf of those Susan Wagner High School football players and their parents, who are similarly situated, by his attorneys, the Luthmann Law Firm PLLC, respectfully alleges as follows: 1. Petitioner CHRISTOPHER A. FRANGE (“Frange”), brings this petition under Article 78 of the CPLR seeking solely equitable relief on behalf of himself, as parent and natural guardian of CHRISTOPHER M. FRANGE, 4 a minor child and football player at Susan Wagner High School (“Chris”), and on behalf of those Susan Wagner High School football players and their parents who are similarly situated, as against the Respondents THE CITY OF NEW YORK (the “City”), THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK (the “NYCDOE”), and the PUBLIC SCHOOLS ATHLETIC LEAGUE (the “PSAL") for the arbitrary and capricious determinations by the Respondents as detailed herein that are now causing and will continue to cause sever and substantial harm to Frange and Chris and the class of Susan Wagner High School football players and their parents who are similarly situated. Immediate, temporary, preliminary and permanent equitable relief is requested from the Court. THE FACTS 2. The facts herein are based upon the AFFIDAVIT OF CHRISTOPHER A. FRANGE, attached herewith and incorporated by reference, and the AFFIDAVIT OF CHRISTOPHER M. FRANGE, attached herewith and incorporated by reference, as well as information available in the public record. 3. Recently, there was an alleged “hazing” incident at Susan Wagner High Schoo''s football camp, which took place in upstate New York. As a result, on Tuesday, September 1, 2015, the NYCDOE and PSAL 2 suspended players Susan Wagner High School football players and suspended a Susan Wagner High School football coach. See the SILIVE.com article dated September 1, 2015 at 5:38PM and attached hereto as EXHIBIT “A”. The NYCDE and PSAL also suspended football practices for the Susan Wagner High School football TEAM and all Susan Wagner High School football players on the Varsity and Junior Varsity levels. Id. (“It wasn't immediately clear how long the team would be sidelined... The Falcons were expected to make a legitimate push for the playoffs’). This decision by Respondents was arbitrary and capricious. 4. Upon information and belief, Special NYCDOE Inspector Condon (Mr. Condon”) was tasked by the Respondents to investigate this matter. No information has been released about the investigation or any rational basis for the continued suspension of the entire Susan Wagner High School football TEAM. Upon information and belief, Mr. Condon is an employee under the dominion and control of the Respondents and Petitioner respectfully requests that the Court issue a Judicial Subpoena and Order that Respondents produce Mr. Condon and any materials related to his investigation in the instant matter on the return date of this petition. See a form of subpoena attached hereto as EXHIBIT “B’ that the Petition would like 7. PSAL Regulations require three (3) TEAM practices within the 72-hour period prior to the TEAM playing a game. 8. Pursuant to the remediation of the alleged hazing incident, the Respondents have made an arbitrary and capricious determination with respect to the remaining, non-offending and non-charged players on the Susan Wagner High School football TEAM. The Respondents have cancelled the upcoming football game against Port Richmond High School. 9. Additionally, the Respondents will not allow the Susan Wagner High School football TEAM to practice. This decision is arbitrary and capricious because: a. Upon information and belief, a BB Gun incident occurred at the Erasmus High School (Brooklyn) Football camp in upstate New York this August, 2015, and NO TEAM PRACTICES WERE SUSPENDED in any decision issued by Respondents. Upon information and belief, Mr. Condon has information about this incident. b. In September, 2014, Curtis High School junior Miles Kirkland died at practice. The coaching staff and officials were implicated and later cleared in the matter and NO TEAM PRACTICES WERE SUSPENDED in any decision issued by Respondents. See EXHIBIT “G" attached hereto. c. In October, 2012, Tottenville High School football players admittedly bullied a female student about sex and she subsequently committed suicide. Individual players were subject to discipline, but NO TEAM PRACTICES WERE SUSPENDED in any decision issued by Respondents. See EXHIBIT “H” attached hereto. 10. Additionally, the Respondents have threatened to cancel the entire Susan Wagner High School football season. This administrative determination is arbitrary and capricious and substantially harms Frange, Chris, and the many Susan Wagner High School athletes and parents similarly situated who have worked hard and played by the rules because, inter alia, cancelling the season will substantially impair their ability to receive college football scholarships and/or athlete related financial aid. 11. A letter was sent to Mayor Bill De Blasio asking him to intervene because the Respondents’ actions were, are and continue to be arbitrary and capricious and the same are causing continual and ongoing harm to Frange, Chris, and the many Susan Wagner High School athletes and parents similarly situated who have worked hard and played by the rules. A copy of the letter is attached hereto as EXHIBIT “I”. That letter said, in part: The late and great former New York City Mayor Ed Koch believed in the primacy of education as a fundamental role of government. Mayor Koch believed that it was the responsibility of government to “light a fuse” in every New York City student through education and the result would be “fireworks”. Please follow in Mayor Koch's tradition and allow Chris and his similarly situated classmates to light their fuses, reach great heights and make fireworks both here and at the next level in college programs. 12. The Respondents’ arbitrary and capricious ruling are a continuing and imminent harm to Frange, Chris, and the many Susan Wagner High School athletes and parents similarly situated in many ways including, inter alia: a. According to Brian Hefferan of Star Athletes Online (www.starathletesonline.com), an expert in preparing high school athletes and their families for the college sports recruiting process, the recruiting prospects of Chris and the many Susan Wagner High School athletes similarly situated will be substantially diminished. College programs will not look kindly upon players who did not play their senior year and have no game-play videos to submit. Moreover, even if the team misses Lad even one game, the players will have a substantial disadvantage in submitting game-play videos to national and regional college programs who will begin receiving submissions from Florida, Texas and Georgia players by the end of September for a program’s limited number of scholarship spots, and seasons in those places have already begun. A package that arrives in November may not make the cut because all of a program's finite number of scholarships may be given away. See the AFFIDAVIT OF BRIAN HEFFERAN attached herewith as EXHIBIT “J”. All told, missing even one (1) game of the season means devastating prospects for Chris and the many Susan Wagner High School athletes similarly situated that cannot be adequately compensated by monetary damages. The lost opportunity of a college admission and / or scholarship cannot be accurately measured in terms of monetary relief. Who knows if it is in the tens or hundreds of thousands of dollars in lost scholarships based upon the Respondent's arbitrary and capricious decision? How much are these children going to lose in lost income over their lifetimes because they did not have the opportunity to seek college admission at the top colleges because of the arbitrary, 8 capricious and reckless actions of the Respondents? A future civil suit for monetary and punitive damages may be filed as against the Respondents if equitable relief is not immediately granted on behalf of Frange, Chris, and the many Susan Wagner High School athletes and parents similarly situated. But that does not detract from the fact that equitable relief is necessary immediately. Chris and the many Susan Wagner High School athletes similarly situated did nothing wrong; they played by the rules and tried to use the educational system to reach the “great heights”. |. Chris and the many Susan Wagner High Schoo! athletes’ parents pay taxes to support our public educational system. We all rely on the government and our public educational system to work for our students and give them the opportunity to attend college, to attend the best colleges and to have the soaring costs of college defrayed using their own talents cultivated within the New York City public school regime. The arbitrary and capricious actions of the Respondent are antithetical to the core responsibilities of government in providing education advancement and support to our youth. 13. As such, the Petitioner, for himself and for those innocent parties for which he brings this suit in equity in a representative capacity, seeks to have the arbitrary and capricious actions of the Respondents temporarily, preliminary and permanently enjoined in these ways: a. The Court should Order that the Susan Wagner High School football TEAM is immediately back in business and enjoin the suspension or TEAM practices. The Susan Wagner High School football TEAM should immediately be able to practice. o The Court should Order that the Susan Wagner High School football TEAM should have their schedule resume without delay and the Court should immediately enjoin the suspension of all of the TEAM's upcoming schedule. c. The Court should Order that the Susan Wagner High School football TEAM should have their schedule resume without delay and the Court should immediately enjoin the suspension of the upcoming Varsity and Junior Varsity games against Port Richmond High School this weekend. d. If this weekend's Varsity and Junior Varsity games against Port Richmond High School cannot take place because of PSAL safety regulations, the Court should order the Port Richmond 10 High School game rescheduled at some point AFTER the scheduled Tottenville High School games so as to avoid any appearance of impropriety on the part to the Respondents. e. A full record should be made on the return date of the Petition to explain how the Respondents so utterly failed the innocent people who played by the rules: Frange, Chris, and the many Susan Wagner High School athletes and parents similarly situated. EMERGENCY NATURE OF PETITION 14. The relief sought in this petition is emergency and equitable in nature due to the imminent harm imposed by the reckless, arbitrary and capricious actions of the Respondents for which monetary relief cannot fully and adequately compensate. 15. Counsel for the Respondent has been notified and intends to appear at the presentment of this verified petition and the accompanying order to show cause and related papers on September 4, 2015 at 2:00p.m. See EXHIBIT “kK” hereto. 16. No previous request for the relief requested herein has been made. LEGAL ARGUMENT The Respondents’ Actions are Al itrary and Capricious and Without a Rational Basis i Fact or Law. 17. The state of the law in the Appellate Division is clear in this matter. As stated in Suburban Scholastic Council v Section 2 of N.Y. State Pub. High Sch. Athletic Assn., Inc., 23 AD3d 728, 728 [3rd Dept 2005]: The courts should not interfere with the internal affairs, proceedings, rules and orders of a high school athletic association unless there is evidence of acts which are arbitrary, capricious or an abuse of discretion. This determination rests on whether the athletic association's actions have a sound basis in reason and a foundation in fact. In addition, there must be some rational basis for the action taken. 18. Here, the courts should clearly interfere with the arbitrary and capricious actions of the Respondents. Cancelling practices and games for the entire TEAM is a drastic action that is harming innocent players and their parents and is not in line with previous decisions by the Respondents. Particularly in two previous cases where someone had died, TEAM practices and games were not cancelled. Petitioner Is Entitled to the Entry of a Mandatory Injunction 19. The grounds upon which restraints can be granted are set forth in CPLR § 6301, which provides as follows: A preliminary injunction may be granted in any action where it appears that the defendant threatens or is 12 about to do, or is doing or procuring or suffering to be done, an act in violation of the plaintiffs rights respecting the subject of the action, and tending to render the judgment ineffectual, or in any action where the plaintiff has demanded and would be entitled to a judgment restraining 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. A temporary restraining order may be granted pending a hearing for a preliminary injunction where it appears that immediate and irreparable injury, loss or damage will result unless the defendant is restrained before the hearing can be had. 20. Thus, by statute a temporary restraining order should be granted where it appears that "immediate and irreparable injury, loss or damage will result". A preliminary injunction should be granted "where it appears that the respondent threatens or is about to do, or is doing or procuring or suffering to be done an act in violation of petitioner's rights respecting the subject of the action". Consequently, Petitioner must show immediate and irreparable injury and must establish that the Defendants have threatened or are about to do, or are doing, an act in violation of their rights. 21. Irreparable injury has been defined as "that which cannot be repaired, restored, or adequately compensated in money, or where the compensation cannot be safely measured.” 28 NY Jur, Injunctions, § 5. A party seeking a temporary restraining order must establish that a real threat of irreparable injury exists by factual demonstration. Injury of an 13 inconsequential nature will not qualify as irreparable injury, or justify the issuance of a temporary restraining order. 22. Injunctions with reference to their terms of command may be classified as “prohibitory” or "mandatory". A mandatory injunction is affirmative in character and directs the performance of an act, whereas a prohibitive injunction is preventive in character and forbids the continuance of a wrongful act, or the doing of some threatened or anticipated injury. 28 NY Jur, Injunctions, § 5. 23. In order to establish entitlement to a prohibitive injunction, the Petitioners are required to demonstrate (1) a likelihood of success on the merits, (2) irreparable injury absent the grant of such preliminary injunctive relief, and (3) a balance of the equities favoring its position. Di Fabio v. Omnipoint Communications, Inc., 2009 N.Y. App. Div. LEXIS 7049, 2009 NY Slip Op 7223 (N.Y. App. Div. 2d Dep't Oct. 6, 2009); Ingenuit, Ltd. v. Harriff, 33 A.D.3d 589, 822 N.Y.S.2d 301 (N.Y. App. Div. 2d Dep't 2006); Doe v Axelrod, 73 N.Y.2d 748, 750, 536 NYS2d 44 (1988); W.T. Grant Co. v Srogi, 52 N.Y.2d 496, 517, 438 N.Y.S2d 761 (1981); Manhattan Real Estate Equities Group, LLC v Pine Equity, NY, 16 A.D.3d 292, 791 NYS2d 418 (2005); Battenkill Veterinary Equine v Cangelosi, 1 A.D.3d 856, 857, 768 NYS2d 504 (2003); Bollengier v Gulati, 233 A.D.2d 721, 650 NYS2d 56 14 (1998). Likelihood of Success on the Merits 24. Under the flexible test used by the courts, where a balance of equities tips rather heavily in favor of granting a preliminary injunction, Petitioners need only demonstrate a likelihood of irreparably injury in the absence of an injunction, and "serious questions going to the merits" rather than a "likelihood of success on the merits." See Green Party v. New York State Bd. of Elections, 389 F.3d 411, 418 (2d Cir. 2004). See also Adams v. Warner Brothers Pictures Network, 2005 WL 3113425, at * 1 (E.D.N.Y. November 22, 2005). Moreover, the balance of equities tips in Petitioner's favor. While the legal standard in that the Petitioner only need demonstrate “serious questions going to the merits”, Petitioners can also demonstrate the greater standard of “a likelihood of success on the merits”. 25. Here, Petitioner cites the reckless, arbitrary and capricious decisions by Respondents that are without a rational basis, as detailed supra Petitioner Continues To Suffer Irreparable Harm 26. Petitioner will suffer immediate and irreparable harm if the preliminary injunction and temporary restraints are not granted. The term reparable harm” means injury for which monetary damages cannot be 15 adequate compensation. McLaughlin, Piven, Vogel, Inc. v. W. J. Nolan & Co., 114 A.D.2d 165, 498 N.Y.S.2d 146, 1986 N.Y. App. Div. LEXIS 49965 (N.Y. App. Div. 2d Dep't 1986) 27. Here, as discussed supra., the Petitioner, Frange as well as Chris, and the many Susan Wagner High School athletes and parents similarly situated are losing opportunities that can never be recovered with respect to this football season and college prospects. Monetary damages cannot even begin to compensate for the harms being done to the children and their families. Equities Balance in Favor of the Petitioners 28. At stake here is the proposition that the primacy of education is a fundamental role of government. Moreover, at stake is the social compact that those who play by the rules will not be unduly punished. The equities here clearly favor the petitioners. 29. Petitioner has no adequate remedy at law. 30. No previous application has been made for the relief sought herein or for the Order to Show Cause hereto annexed, or for any similar relief. Conclusion 31. For the foregoing reasons, the Petitioner respectfully requests that the relief requested herein is granted. WHEREFORE, petitioner respectfully prays for an Order and Judgment, granting the relief requested herein and in the Order to Show Cause, and for such other and further relief as this Court deems just and proper, to wit: A. That the Court shall issue the Judicial Subpoena of Special NYCDOE inspector Condon in the form attached hereto to appeal ‘on the return date of this petition; and B. That the Court shall issue an Order that shall temporarily, preliminary and permanently enjoin Respondents from suspending Susan Wagner High School football team practices; and C. That the Court shall issue an Order that shall temporarily, preliminary and permanently enjoin Respondents from suspending the 2015 Susan Wagner High School football team schedule; and D. That the Court shall issue an Order that shall temporarily, preliminary and permanently enjoin Respondents from suspending the suspension of the upcoming Varsity and Junior Varsity games nm Dated: against Port Richmond High School this weekend; or in the alternative; That the Court shall issue an Order that if this weekend's Varsity and Junior Varsity games against Port Richmond High School cannot take place because of PSAL safety regulations, the Court should order the Port Richmond High School game rescheduled at some point AFTER the scheduled Tottenville High Schoo! games so as to avoid any appearance of impropriety on the part to the Respondents; and . That a full record should be made on the return date of the Petition to explain how the Respondents so utterly failed the innocent people who played by the rules: Frange, Chris, and the many Susan Wagner High School athletes and parents similarly situated. Staten Island, New York September 4, 2015 Respectfully submitted, LUTHMANN LAW FIRM PLLC By: Richard A. Luthmann, Esq. 1811 Victory Boulevard Staten Island, NY 10314 Tel: (718) 447-0003 Fax: (347) 252-0254 luthmann@luthmannfirm.com State of New York County of Richmond ss.: CHRISTOPER M. FRANGE, being duly sworn, deposes and says: | am an interested party in this matter. My father and natural guardian is CHRISTOPER A. FRANGE. | have read the foregoing pleadings to be submitted to the Court and know the contents to be true to my own knowledge, except for those matters alleged to be on information and belief, and as to those matters, | believe them to be true yt CHRISTOPER M. FRAN‘ \ Sworn to before me this, day NOTARY PUBLIC RICKARD A LUTUMANY NOTARY PUBLIC STATE OF NEW YORK REG. NO: O2LU8295872 COWM.EXP: FES. 14.2019 VERIFICATION State of New York County of Richmond ss.: CHRISTOPHER A. FRANGE, being duly sworn, deposes and says: | am a party in this matter. | am the parent and natural guardian of CHRISTOPER M. FRANGE. | have read the foregoing pleadings to be submitted to the Court and know the contents to be true to. my own knowledge, except for those matters alleged to be on ipformation and belief, and as to those matters, | believe them to be true. yr Sworn to before me this. day of, Sighs 204. Chik ok RICHARD & LUTHMANK ROTARY PUBLIC STATE OF NEW YORK RES. NO+O2LU8235072 COMM.EXPs FER. 14,2019 EXHIBIT A Pesci Balance your time & budget. eerie Letus do the grocery shopping a 154 DOE: One Susan Wagner volunteer suspended, “practices halted “Tesi Aap nat bw peste ompartensty hy roman Essent ese 38 Restore aba aan oes eg aut 3B eesti attor rate on tarer ena - Se Sapeber Gh 20189698 pcs September, 201881 AM [G7] Theonty visible activity on the Susan Wagner High Schoo! football eld enrly Tuesday (2 atternoon was the marching band going through its paces. ‘With the season-opener rapidly approsching, the schoo!s football program has heen prevented from practicing, the city Department of Education responded toan Advance Jo- sme inquiry via email LONG aon pet eres 1 wasa't immediatly clear how Jong the team will be sidelined. oo fates cite Cera ks ‘The DOE has also revealed one unnamed volunteer coach has been suspended. ina “Wehve no tlerance forth type ofbehavor andthe mater iunderimestiatin” Pag apt A cn ie saida DOE spokesperson. “One volunteer ecech hes been suspended during the Told ontmorserteaee abut aeliye ongvnginvestiation and practices have been halted” — pee ee eee ere Cogmtry|an (CLICK HERE An alleged incident during a week-long football camp in Copake, N.Y. prompted the Investigation. An unnamed mother of Susan Wagner junior varsity Zootall player alleged her son was hurtin a non-football related incident during the camp involving 8 broomstick. When reached by an Advance reporter Tuesday inthe football office, varsity head coach A Paturzo declined comment ‘The Falcons’ varsity is scheduled to open the season Saturday st nocm at Port Richmond, while the JV team isto play Sunday, also om the road. ee Oe “Meanviile, some parents came tothe defense ofthe program and Paturzo, “These allegations are nothing bot allegations tha loks like ~ fit is an isolated ‘incident... the varsity had nothing to do with this,” said Joe Angolong, a father of a varsity player "The kids went to camp for one thing ~to get back othe playats. They Aid not go the emp for any kind of folshness." “The Falcons are coming ofa 5-5 campaign in 2014, and that coupled with junior varsity tesm which was one ofthe best on the Island lat season, were expected to ‘make a legitimate push for the plavofts. {As the controversy swirled, one unnamed former player and coach om Staten Island said offlsand carps are too risky. "IF Lwas ahead coach today, never attend one of these away camps" hesaid. "Too many bad things eam happen." 1 fact, half the Island's schools, including Curtis, Petrides, St. Joseph bythe Sea, St Peters and Tottenville, don't leave the Islan when it's time for camp. nthe other hand, former Moore Catholic and St. Pete’ head foothll coach Bil Sullivan said be would lean toward having an overnight camp if he was in postion to ‘make the decison, although he agroed it's 2 hot issue "Wsa good question, but Tthink 'm stil going," said Sullivan "For one thing, when -you'e away, nobody ean (take the day off by staying home) or oversee.” silive.com Real Estate gaowengy os Hpartments COLADE ‘Whale Photographer Captures Life-Size Images Like Never Before ‘Susan Wagner foothal story:Lots of heat,not much ight “Idon thelieve any oft player saysof alleged hazing ‘The #1 Worst Exercise for Aging eaten ay ‘Wagner OB Brian Gehring has career-ending shoulder injury 154 comments iB Fichord A Lath. EXHIBIT B SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND See eee eee eee Xx CHRISTOPHER A. FRANGE, as parent and natural guardian of CHRISTOPHER M. Index No.: FRANGE, a minor child and football player at Susan Wagner High School, and on behalf Purchased: 9/4/15 of those Susan Wagner High School football players and their parents who are similarly situated, JUDICIAL Petitioner, SUBPOENA -against- THE CITY OF NEW YORK, THE DEPARTMENT OF EDUCATION OF THE CITY OF NEW YORK, and the PUBLIC SCHOOLS ATHLETIC LEAGUE, JUDICIAL SUBPOENA THE PEOPLE OF THE STATE OF NEW YORK TO: NYCDOE SPECIAL INVESTIGATOR CONDON WE COMMAND YOU, that all business and excused being laid aside, to appear and give testimony before the Supreme Court, Richmond County, by THE LUTHMANN LAW FIRM PLLC, located at , Staten Island, New York, County of Richmond, State of New York, on the ___— day of September, 1 2015at__—: ~——s(©M. o'clock in the noon of that day, or as soon thereafter as may be convenient for the Court, and at any adjourned date, to testify and give evidence, as a witness on an examination upon oral questions in the above entitled action now pending in the Supreme Court, County of Richmond before the Honorable ; and bring with you and produce at the time aforesaid: ALL MATERIALS AND THINGS RELATED TO. THE NYC DOE INVESTIGATION OF AN ALLEGED HAZING INCIDENT RELATED TO SUSAN WAGNER HIGH SCHOOL FOOTBALL FROM AUGUST, 2015 UNTIL THE RETURN DATE HERETO; and for a failure to attend you will be deemed guilty of a contempt of court, and liable to pay all losses and damages sustained thereby to the party aggrieved and forfeit two hundred fifty ($250.00) dollars in addition thereto. Dated: Staten Island, New York September 4, 2015 JSC EXHIBIT C um | sndwed + 3NV1 AMLNNOD uosiayar sav ® seWoUL, ‘sang 3n 8A ALISA: eg Auisuvn, sxoatiwaicos Ee] sos srimoa 9 st ~ "3uesns © 2 joouss USI SINNAL suip pue shog | SH d¥Oo MaN © AA dog MeN ALISEWA “SA B 'SAO@ TIVELOO!) ALISUVA STAID SINNAL st | 4 piel !SH ‘or pied 'SH PUOULUDIY UOd @ Poubem a uesns ® © puowiyp) uod aiiauanio1, "SA sh Auiswn, ALISA SA08 THVBLOG soa 40905 zt T {#1051 >) Toubem uesng | + yoous U depuajes sziodg jooyss anoyer uae stooHos oivuna fl — sepuEe9 pouDs stom | PuounDnd vos plaid :SH “souBem “3 uesns O) -#l05Le-pyosvadse sepuato-pexae/eOupas pue-cuaNDP10 Teed maycy EXHIBIT D sia018 ‘Staten llora High Schoo! Fectbal Players Sette Sue DOE Over Hazing Allegations YourHome Your Business TC Central Friday, September, 2015, Staten Island High School Football Players Set to Sue DOE Over Hazing Allegations 8y Arar Feel ‘harecey, September 3, 2016 8 10:57 PHEDT tp. comirycltaten-standinews/201S00ttater eas ‘About TWO Check Email 2015 CHEVROLET EQUINOX Let SiR do the texting 20 you can do he crving. IR eyes-ee" technology keeps your hanes on the wes and eyes on ine rood ull & ice ‘Sucre “ ‘Search he Staten iiana archives 1 wDIALT Ca anus se@uce 79401950 1941 1951 1942 1952 1943 1953 soda 1988 19451985 19681958 1947 1957 1948 1958 19431059 = classmates Flows Goss Interective Radar ‘Weather Maps 1980 1951 1982 1955, 1968 1965 1988 1967 1963 1989) tigh-schod-fotbal-payers-set-o-sue-doe-over-hazing allegation him Traffic a 1370 19 s972 1973 1978 1575 1976 1977 1978 9 1900 1981 1982 1983 1984 1985 1986 i987 1988, 22777-TT Find yearbook photos from: 19 swans RelatedStories, Waagrer Footbal Program OnlHold Ager Hazing Allegations = Cactee Satenisiand High Schoo Footbal Players Setto Sue DOE Over Hazing Allegations Some high schoo! footbal players on Staten Ista are going {to.cout ater ther season was put on hold because of hazing allegations. NY1's Amanda Farinacel filed this report Samed from thelr football eld, a group of Susan Wagner high schoo! varsity football players huddled onthe straet outside thelr Iawyer’s office They getting ready to sue the Department of Education for placing their last season on noe 1 tought It was Innocent until proven guilty. Why cart we practice and play games unti we fine out evidence and true proof that what we did was wrong? asks cenior football player Cameron Schwarz ‘The DOE canceled practice and games unt further notice ater allegalions of hazing stemming ffom time the team Spent at an upstate football camp last moth, ‘The parents of some JV players say some varsiy players shot at them with BB guns, drew inaporopriate symbols on thar with permanent markar and eat naked on thelr faces ‘Several students anc one coach have already faced ‘isciplinary setion. The ret ofthe team, inluding 20 seniors, have alse been banned from py. was nol the whole team. Us varsity players did not target lower class man in any way, (Is these any nitiaton that goes. con?) no, No. Net at all" says Chris Angslone ‘The lawsuit is set tobe filed Friday. It cites the importance of play for seniors like Christopher Frange, who had hoped to catch the eye of college scouts and earn a scholarship next year: “Iwas just hoping for anything. Just belng optimistic. Uke oh something could come out of this season.” says senior football player Christopher Frange. ‘The lawsuit asks that practice be allowed to resume. That ‘would allow tne team to play 2 game next week. The allegations come onthe heels of a hazing scendal in Sayrevile New Jersey that eamed national headlines. Lawyer Rich Luthmann says he thinks that's Influenced the way this case is being handled, | think this is DOE being idiotic because of what happened in| Sayrovile, {ink Tim sick and ted and think a lt of ether people are sick and tired of ths red tape and the hypersensitivity,” Luthmann says, ‘The eis law deperment says it wil review a lawsuit whon is filed, but the players lawyer says he’s til hoping an ‘2greement can be reached that would keep the case out of ‘cout and gel the kids back on the file es soon a8 possible, 2OIS XTSSEDAN cious DESI Picture of the Day ii ala IO Local On Demand Channa! 1920 for *The New York Times Close Up, Se. 1pm. & ‘Suntan On Stage, Sat § Sun 8:20am 87209m vs Tues. 290 am s250am & Sel "230 pm = City Hoan Boat. Sat 30pm ps Won. 1230 In Transit. fn, St. & Sun. 48pm. “On Stage Across Amere ening "The Cater urpia” on TW Lec On Demand Chan! 1a, ‘nto. '.comnycistater islannews/2016/08Cstate slash schod-fotbell-payers-se-o-sue-doe-ove-havirg-llegatons Mm 20 oan0is ‘Sten island High Schoo Foutbal Players Set to Sue DOE Over Hazing Alegations land archives Follow Us: FJ racebook £9 twitter RRs Bae Gee Soares 8 TWE Nowe O) Web Connect with Us InThe Community About US, Quick Links TWCLinks ContactUs Connect Mition Minds Stat Profiles Mobile ape wecom Gersociet TwcNewsin Action Stationinto VideoHelp Twervcom ‘Advertsing info rueomenespafol Twcceom Licensing & Production Termsof Use “TwesporsNetcom PrivacyPolley TWeSportschanneicom TWeDepertes.com Entroriess LC AI RightsReserved itp: awn cemrycistaten-\standinews/201S/09%tater sland high echac-fotal-layere-st-to sue-doe-over-hazing-allegetions Mn EXHIBIT E nd cud Menu ‘Se weser Balance your time & budget. Let us do the grocery shopping. g¢ Susan Wagner football games postponed vs. Port Richmond SERIE Safer incr anesthe nn cup aera greece "ano at erat an avast ea ae Pe oan) a [On SeBrbe 5, 2006 146 A, pte Speer 245 67 eae nal ‘Both the varsity and JV contests between Susan Wagner and Port Richmond have Deen poctponcd, according to the PSAL'S website. “The status changed Thursday morning, sbost 48 houts before the Fleons and host, Raiders were to start the varsity season on Saturday at noon. The JV teams were to |e-eme square offon Sunday t noon also at Port Richaiond, ‘There has been no word ether from the schools o the Department of dueston as to ‘hen the games willbe reschedule, if tall ‘The games have been postponed due tothe DOE's continuing investigation ofan alleged incident during Susan Wagner's recent training camp upstate ‘le ne Shan NY silivecom Real Estate ghey iiae Apartments oP WAREHOUSE GOING OUT OF BUSINESS EVERYTHING MUST GO. EXHIBIT F 42015 ‘Susan Wagner dole ot penalties; Lawyer may sesk injunction for Falcons silive.com Susan Wagner doles out penalties; Lawyer may seek injunction for Falcons Stephen Hart | shart@siadvance.com Sy Stephen Hart | shart@siadvance.com Follow on Twitter ‘on September 03, 2015 at 7:55 PM, updated September 03, 2015 at 9:28 PM Susan Wagner High School has started doling out penalties following an alleged incident at the program's recent upstate football camp, and the decisions have left many Susan Wagner parents with more questions than answers. DeMaris Garcia ~ the mother of junior Michael Garcia, a varsity offensive tackle for the Falcons ~- sald that her son was one of "four or five” players suspended, even though her son told her he "had no physical involvement” in any hazing-like actions at Camp Pontiac in Copake, N.Y, during Wagner's stay there from Aug. 19 to 26 There has been no official confirmation of the suspensions, but NBC and CBS have both reported that three or more students have been suspended Ms, Garcia said that Wagner Principal Gary M. Giordano told her son Wednesday morning that he was suspended "because he was there, knew about the incident, and did nothing. Because he knew about it, that’s why they had to suspend him," she said, "But my son didn't participate in anything." While details of what exactly happened at the camp have yet to be confirmed by the DOE or the school, earlier stories of a BB gun being used seem to be corroborated by Wagner senior Carlos Rios, a varsity linebacker, during an interview with WNBC on Wednesday. Waaner HS parents and player talk about hazing allegations Parents and a player in the football program at Susan Wagner High Ile Atte oboe eee tise eee can: eile: Schoo! dered allegations of hazing at fetbal camp in upstate New actual incident, according to Rios! knowledge: “The BB guns, that's what happened. Kids got shot, but it was just horse play. Not really, like, bullying." According to her son, Ms. Garcia said that whatever occurred took piace In the JV cabin while her son was in the varsity cabin. putog stive.comsportstoiespir hmenty=/201808%usan_wagrer_fooball_mom_snee hl 1” wns ‘Susan Wagner dels ou penalties; Lawyer may seek junction or Falcons Parents of players who were not disciplined are also irate after the Department of Education (DOE) elected to suspend Saturday's varsity game and Sunday's JV contest, both slated for noon kickoffs at Port Richmond, that according to the PSAL's website. ‘That decision led the father of one varsity player, Chris Frange, to hire Castleton Corners attorney Richard Luthmann, who sent a letter to Mayor Bill De Blasio's office informing him of what he called the DOE's "overreaction" in this case. “The system failed,” said Luthmann, who was a Monsignor Farrell football teammate of Chris Frange Sr. "The DOE's decision to shut everything down without investigation or evidence was arbitrary and capricious. Even if you have sworn statements from people, there was never an administrative review or hearing, "You have a whole bunch of kids who have done the right thing and they're getting hurt," Luthmann said. “People are worried that not only this game but the season will be cancelled. My client is a senior wide receiver who has a shot at a regional or national scholarship. You need game tapes to show colleges, Even if he loses just ‘one game, that hurts.” Luthmann said that if he doesn't hear from the Mayor's Office by Friday at 2 p.m., he would file an injunction at the Richmond County Courthouse in St. George. "Even if Saturday's (varsity) game can’t go on as scheduled (because a certain number of practices are needed pricr to the contest), I'm looking for a ruling that will assure us that the game will be rescheduled; that the season will go on; and that practices can resume,” said Luthmann. As for the Garcia family, Ms. Garcia said her son is “suffering.” “He worked hard to make this team,” said the New Dorp resident. "He got his grades up to play. Everybody on the team —- the coaches and the players -- can't believe he's been suspended,” Ms. Garcia said that her son has to attend a hearing meeting in Brooklyn on Sept. 17 regarding the suspension. “I'm bringing a lawyer to the table on the 17th,” she said. "My son's future is on the line. My main concern is gettting him back in school and getting his name cleared.” While Luthmann doesn't represent any of the suspended players, he is still curious about how such a penalty could have already been issued. "Those kids are entitled to a suspension hearing, and I doubt the (Administrative Law Judge) has heard them already," said Luthmann who heard the number of suspended players could be as high as six or seven, "It seems they've been declared guilty until proven innocent." ‘A message left for Giordano has yet to be returned. DOE spokesman Jason Fink, meanwhile, only rehashed his stl slive.comsprtstaes pint menty=/20180R!usan wagree_football_mom_upse him 28 aos ‘Susan Wanner doles ou peraties; Lawyer may seek injunction for Falcons statement from earlier in the week "We have no tolerance for this type of behavior and the matter is under investigation, One volunteer coach has been suspended during the ongoing investigation, practices have been halted and the first game has been postponed.” © 2015 SILive.com. All rights reserved, ith stive.com sportstalespririml enty=/201808/susen_ wages focball_ mom. pee. EXHIBIT G 2015 (Curis High Schoajrior des ter colansing during varsity fotbll racic (with phcts) sles Curtis High School junior dies after collapsing during varsity football practice (with photos) John M. Annese | annese@siadvance.com By John M, Annese | annese@siadvance.com Follow on Twitter on September 01, 2014 at 6:30 PM, updated September 03, 2014 at 1:10 PM A164 Miles Kirklend, 16, 2s seen inthis Au, 20, 2014, Acvance fla photo, STATEN TOEAND: Ne aeveer od curt, died after collapsing during varsity football practice at Curtis High High School student has died after collapsing ‘School Monday moming. Staten Island Advance/Hilton Flores during varsity football practice Monday morning. ‘The student, Miles Kirkland, a junior heading into his third year of varsity play for the school, was pronounced dead when he arrived at Richmond University Medical Center, West Brighton, Monday. ‘An ambulance arrived at the scene at about 10:45 a.m., and, according to one witness, a group of firefighters performed CPR for several minutes to try to revive him. “They did chest compressions for about 10 minutes and then loaded him into the ambulance,” said Michael Dressler, who came upon the scene, and the FONY and NYPD vehicles, as he walked past the football field. A spokeswoman for the city medical examiner's office said an autopsy will likely be conducted on Tuesday to determine his cause of death. Curtis Athletic Director Eric Ritzer said that he received a call about what happened, and headed to the hospital to speak with the team and the coaching staff. ‘The staff called 911 as soon as Kirkland collapsed, Ritzer said. "As you can imagine it was a very emotional scene," said Ritzer. "Most of the team if not all of the team was there... All of us are trying to fathom what just happened.” Kirkland, who stood at 6 feet 2 inches tall and weighed 295 pounds, played as an offensive and defensive lineman, according to a scouting report for the upcoming season. He saw significant playing time on the varsity as a sophomore and was slated to be a starter this season at right guard, The coaching staff is “distraught beyond imagination," Ritzer said. putig sitive.com fatest_news/princimi7onty=/2014/0eeurle_ high school jurors rl 1 ean015 (Curtis High Schoa juror cs after collapsing during varsity focal practice (ith phot) “We met with the students and we're going to bring the students in to have grief counselors with them and not only them but the coaching staff," said Ritzer. City Department of Education spokeswoman Margie Feinberg wouldn't comment Monday on Kirkland’s death except to say that it's under investigation, "A crisis team will be at the school to help counsel students and staff," she said. In a written statement, City Schools Chancellor Carmen Farina said, "I am deeply saddened to learn of this tragic loss and my heart goes out to the family. We will be supporting the school community as we investigate the matter, According to Accuweather, the temperature at 10 a.m. Monday was 78 degrees with 75 percent humidity. At 11 a.m., it measured at 80 degrees with 72 percent humidity. ‘The Public School Athletic League, which covers only public high schools, requires all exercise to stop if the temperature reaches 85 degrees and the humidity reaches 80 percent. If the humidity is between 50 and 80 percent, the PSAL rules warn, "extreme caution must be exercised.” Last August, the mother of Nicholas Dellaventura -- a 15-year-old St. Joseph-by-the-Sea student who died after being overcome by heat during a late afternoon-early evening practice on July 23, 2012 - sued Sea, its Principal, its coaches and the Archdiocese, seeking $10 million in damages. Word of Kirkland’s death led to an outpouring of grief on Twitter Monday: Really hate that it had to be you bro ! Damn C10 #RipMiles pic.twitter.com /99EXqANKAF ~- #54 (@Pat_LAX7) September 1, 2014 Curtis won't be the same without miles #RIPMILES -- Miles Kirkland © (@_Mack6) September 1, 2014 The team is slated to play its first game of the season against Fort Hamilton at noon Saturday at Curtis High ‘School, though it's not clear whether the game will proceed as planned, “Right now that's the furthest thing from our mind,” said Ritzer. "The only thing that matters is Miles Kirkland is, one of the best kids you'll ever meet.” “To say it's a tragedy is an understatement,” said Ritzer. "We're just thinking about the well-being of our kids... ipbog sitive comates|_rewstpintin!ertry=/20:400/euris_high school jurors am 28 32015 (Curtis High Schoa juror tes ater collapsing curing varsity fetal racic (with hats) ‘They were traumatized. To see that is just horrible," ~ Advance staff writers Tom Dowd and Virginia N. Sherry contributed to this report, © 2015 SiLive.com. All rights reserved. itpbog sitive com atest_revsirint hin ertry=/20 40ers High school juniors nom 38 ots Highschool player's death sparks cal for medical profssioral' at every PSAL practice High school player's death sparks call for ‘medical professional’ at every PSAL practice Diane C. Lore | lore@siadvance.com By Diane C. Lore | lore@siadvance.com Follow on Twitter fon September 23, 2014 at 9:00 AM, updated September 23, 2014 at 9:18 AM STATEN ISLAND, N.Y. ~ In response to the death of Miles Kirkland-Thomas, the high ‘school football player who collapsed and died on the field during a routine practice, the Staten Island Federation of Parent-Teacher Associations wants an athletic trainer or sports physician at every public high school athletic practice, Kirkland-Thomas, who played as an offensive and defensive lineman for the Curtis High School Warriors, died Sept. 1 during a football practice. He was 16 years r. Thomas Bottiglieri speaks to members of the Staten Island Federation of PTAs about how to cut down on athletic injuries among schoo! athletes. (Staten Island Advance/Diane Lore) old. "It's a serious situation,” said Federation co- president Aaron Bogard. Most sudden deaths and injuries occur during practice, when there is often no medical professional on the field.” "There should be a certified athletic trainer or sports physician, or emergency medical technician (EMT) ~- or some medical professional -- on standby at every practice. We don't want to see another kid lose a life or sustain a serious injury," he added. Bogard said Public School Athletic League (PSAL) rules provide for medical professionals, usually EMTs, and an ambulance, on standby for games, but not for practices, which is when many student athletes sustain athletic injuries to knees and elbows, or encounter other problems. ‘A father of four, Bogard made his remarks during the Federation's first meeting of the school year, in the ‘conference room of the Petrides Education Complex, Sunnyside. He introduced Dr. Thomas Bottiglieri, who specializes in sports medicine and has offices in Charleson and Elmwood Park, N.J. niputiog slive.comfatest news/prin imi 7ertry/20140Rctaten island federation of p.m we agats Highschool player's doth sper cal for ‘medica professional every PSAL practice Recognizing the difficulties, including the cost factor, in having a medical professional at every varsity sports practice, Dr. Bottigieri proposed adding @ class in athletic training at every high school. Varsity athletes could enroll in the class to learn the basics about sports injuries and how to spot difficulties among teammates and alert adults — with the overall goal of preventing injuries among players. Dr. Bottiglieri, who also teaches sports medicine at Seton Hall University, said he is working with several school districts in New Jersey in developing a curriculum for high school athletes, and believes it could work for Staten Island schools. "Eventually they could become certified student athletic trainers, and function as another pair of eyes and ears on the field with coaches," he said. "It needs a proactive approach,” he said, "If we sit back and do nothing, we're going to continue to see these kinds of sports injuries, emergencies and, tragically, even deaths, occur on the practice field.” © 2015 SILive.com, All rights reserved, iiputiogstive.com fates newsiprirmlentry=/207A/00aton Islan federation. of pL tim 2n

You might also like