District Parent Coordinating Council

April 4, 2017



VIA FAX (518) 474-4188 & FIRST CLASS MAIL

MaryEllen Elia, Commissioner
NYS Education Department
Office of Counsel
NYS Education Department, Room 112ED
State Education Building
89 Washington Avenue
Albany, NY 12234

Tina Urbiatis, Appeals Coordinator
NYS Education Department
Office of Counsel
NYS Education Department, Room 112ED
State Education Building
89 Washington Avenue
Albany, NY 12234

Re: Samuel L. Radford, III, et al vs. Carl Paladino, et al
SED Appeal Number 20602

Commissioner Elia and Ms. Urbiatis:

For reasons that follow, and good cause shown, pursuant to 8 NYCRR Section 276.5, the

undersigned petitioners kindly request that:

(1) that the above referenced Appeal be STAYED, consistent with the request of Dennis

C. Vacco, attorney for Mr. Carl Paladino in SED Appeals Numbered 20601, 20604 and

20596. A copy of Mr. Vaccos letter, dated March 30, 2017 is annexed as EXHIBIT A; and

(2) that the records of SED Appeals Numbered 20601, 20604 and 20596 be fully

incorporated, by reference, into the record of the above referenced Appeal, including the

two applications made by Mr. Vacco, on behalf of Mr. Paladino, dated March 17, 2017 and

March 30, 2017 to provide additional supporting evidence; and

MaryEllen Elia, Commissioner

Tina Urbiatis, Appeals Coordinator
Page 2

(Continued)

(3) that Mr. Vaccos request that SED Appeals Numbered 20601, 20604 and 20596 be

STAYED is granted so that the serious allegations raised in his March 30, 2017 are fully

investigated.

The undersigned petitioners represent the interests of our children, along with the

interests of similarly situated parents and children within the Buffalo Public Schools

District. Ab initio, the interests of the other parties in the related petitions to remove Mr.

Paladino, along with questions of duty of loyalty raised by attorneys for the Buffalo Board

of Education and the individual Board Members have triggered numerous questions about

collusion and conflicts of interests. For this very reason, cause is shown that the request of

the undersigned petitioners should be granted.

Moreover, and in addition, the undersigned petitioners request herein should be

granted because if the following allegations are true, then the ultimate determination by

the Commissioner, in all four of the pending petitions to remove Mr. Paladino from the

Buffalo Board of Education, will be tainted and subject to years of litigation with then

resulting enormous legal costs. See, EXHIBIT B, invoices of attorney Frank Miller

representing the Buffalo School Board, except Carl Paladino.

It is also the position of the undersigned petitioners that the following allegations, if

true, would further support the petitioners request in SED Appeal 20602, that the entire

Board is dysfunctional and should be immediately replaced by a receiver. It is also the

petitioners position that the allegations raised by Mr. Vacco in his March 30, 2017 letter

supports the position of the undersigned that the 306 Appeal process is fruitless and


MaryEllen Elia, Commissioner
Tina Urbiatis, Appeals Coordinator
Page 3

(Continued)

violates the Due Process and Equal Protection clauses of the 14th Amendment to the U.S.

Constitution. Should Mr. Paladino initiate a federal court action based on the Illegal Cases

Mr. Vacco alleges have been filed with SED to remove Mr. Paladino, the undersigned will

seriously consider intervening in such action pursuant to Rule 24(a)(2) of the Federal

Rules of Civil Procedure.

For reasons set forth above, the undersigned kindly request the relief requested.

Thank you,

/s/ Samuel L. Radford, III

_________________________________________________________
Samuel L. Radford, III, Petitioner
1423 Fillmore Avenue
Buffalo, NY 14211
(716) 578-3571
(716) 332-1015(fax)

/s/ Patricia A. Elliott Patton
_______________________________________________________
Patricia A. Elliott Patton
1423 Fillmore Avenue
Buffalo, NY 14211
(716) 578-3571
(716) 332-1015(Fax)

/s/ Kevin Lafferty
_______________________________________________________
Kevin Lafferty
1423 Fillmore Avenue
Buffalo, NY 14211
(716) 578-3571
(716) 332-1015 (Fax)

/s/Franklin Redd, Jr.
_________________________________________________________
Franklin Redd, Jr.
1423 Fillmore Avenue
Buffalo, NY 14211
(716) 578-3571
(716) 332-1015 (Fax)





Certification of Service


The undersigned, _____________________________________, hereby certify that a true copy of

the annexed letter, with attachments have been forwarded by first class mail, postage pre-

paid to the following and deposited on April 4, 2017 at a post office of the U.S. Postal

Service in Buffalo, New York.

By: ______________________________________________

Name: _______________________________________

Address: _______________________________________

_______________________________________

Mailed to:

Dennis C. Vacco, Esq. (via U.S. Mail)

Frank W. Miller, Esq. (via U.S. Mail)

Richard T. Ross, Esq. (via U.S. Mail)

Raymond Audain, Esq. (via U.S. Mail)

Jalina J. Hudson, Esq. (via U.S. Mail)

Richard E. Casagrande, Esq. (via U.S. Mail)

Bethany A. Centrone, Esq. via U.S. Mail)

EXHIBIT A


EXHIBIT B