SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF SUFFOLK
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GREGORY-JOHN FISCHER,

NOTICE OF CLAIM

Petitioner, in propria persona

ELECTION LAW,
OTHER TORTS, ETC.

-againstKENNETH P. LAVALLE,
STATE UNIVERSITY OF NEW YORK AT STONY BROOK (SBU),
THE STATE UNIVERSITY OF NEW YORK (SUNY)
(CHANCELLOR NANCY L. ZIMPHER),
NEW YORK STATE BOARD OF ELECTIONS,
NEW YORK STATE DEPARTMENT OF TRANSPORTATION,
SUFFOLK COUNTY BOARD OF ELECTIONS,
SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS (HIGHWAYS),
TOWN OF BROOKHAVEN DEPARTMENT OF HIGHWAYS,
Respondents.
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TO: KENNETH P. LAVALLE, STATE UNIVERSITY OF NEW YORK AT STONY BROOK,
THE STATE UNIVERSITY OF NEW YORK (CHANCELLOR NANCY L. ZIMPHER), NEW
YORK STATE BOARD OF ELECTIONS, NEW YORK STATE DEPARTMENT OF
TRANSPORTATION, SUFFOLK COUNTY BOARD OF ELECTIONS, SUFFOLK
COUNTY DEPARTMENT OF PUBLIC WORKS (HIGHWAYS), and TOWN OF
BROOKHAVEN DEPARTMENT OF HIGHWAYS:
PLEASE TAKE NOTICE that the claimant herein makes a claim and demand against
you as follows:

THE PARTIES
1.

Petitioner GREGORY-JOHN FISCHER, is a Democratic Candidate for New

York State Senate for the 1st District (Eastern Long Island).

2.

The name and post-office address of the Petitioner/Claimant is:

Claimant

Claimant's Attorney

Gregory-John Fischer
P.O. Box 285
Calverton, NY 11933-0285
631-727-9637

Jonathan C. Clarke, Esq.

140 Gazza Blvd.
Farmingdale, New York 11735
631-532-0221

3.

Respondent KENNETH P. LAVALLE is a Candidate for re-election for New

York State Senate who is listed on the following party lines: Republican Party, Conservative
Party, Independence Party, and Reform Party.

4.

Respondent STATE UNIVERSITY OF NEW YORK AT STONY BROOK

(SBU) is a subdivision of THE STATE UNIVERSITY OF NEW YORK (SUNY) and

maintains the signage upon the stadium and directional signage to Kenneth P. LaValle
Stadium, which is on the SBU campus, as well as a plethora of other printed and broadcast
messaging and advertising for the Kenneth P. LaValle Stadium.

5.

Respondent THE STATE UNIVERSITY OF NEW YORK (CHANCELLOR

NANCY L. ZIMPHER) is an oversight body (and oversight person) for SBU. Respondent
CHANCELLOR NANCY L. ZIMPHER has direct oversight and regulatory responsibility for the
naming of SUNY and SBU buildings and other SUNY and SBU assets (per Exhibit 1).

6.

Respondent NEW YORK STATE BOARD OF ELECTIONS has responsibility

for the election balloting of Respondent Kenneth P. LaValle and as well as the responsibility to

oversee, evaluate, and enforce the limits for, the in kind campaign contributions to
Respondent Kenneth P. LaValle. Petitioner asserts that the Kenneth P. LaValle Stadium is, de
facto, a LARGE campaign promotion, for a sitting NYS Senator, during election time, that
should be reported.

7.

Respondent NEW YORK STATE DEPARTMENT OF TRANSPORTATION

maintains the directional signage to Kenneth P. LaValle Stadium as well as a plethora of other
printed and broadcast messaging advertising Kenneth P. LaValle Stadium --- including
temporary illuminated road signs.

8.

Respondent SUFFOLK COUNTY BOARD OF ELECTIONS has responsibility

for the election balloting of Respondent Kenneth P. LaValle.

9.

Respondent SUFFOLK COUNTY DEPARTMENT OF PUBLIC WORKS

(HIGHWAYS) maintains the directional signage to Kenneth P. LaValle Stadium as well as a

plethora of other printed and broadcast messaging advertising Kenneth P. LaValle Stadium --including temporary illuminated road signs.

10.

Respondent TOWN OF BROOKHAVEN DEPARTMENT OF HIGHWAYS

maintains the directional signage to Kenneth P. LaValle Stadium as well as a plethora of other
printed and broadcast messaging advertising Kenneth P. LaValle Stadium --- including
temporary illuminated road signs.

TIMELINE

11.

Construction began on what was to be the Kenneth P. LaValle Stadium in the

year 2000.

12.

The Kenneth P. LaValle Stadium was named on October 19, 2002 --- during the

election season of Kenneth P. LaValle versus Democratic challenger James T. Eaton.

13.

In late April 2012, a New York State appropriation for an additional $22,200,000

for stadium expansion was vetoed by Governor Andrew Cuomo ("Cuomo vetoes millions
earmarked for LaValle Stadium expansion", by Cyndi Murray, The Suffolk Times, 04/28/2015
8:00 AM). Statements and reports up to the veto labeled the expansion as a pork project
("Gov. Cuomo set to veto $22.2M pork project for Sen. Kenneth LaValle Stadium", BY Ken
Lovett, NEW YORK DAILY NEWS, Monday, April 13, 2015, 5:00 AM).

14.

Each of the Respondents is a recipient of Federal Monies (at least in part) and is

thus subject to the relevant Federal oversight and Federal Legislation (including but not limited
to the Federal Pernicious Political Activities Act --- also known as the Hatch Act).

15.

Not once since October 19, 2002 has Respondent KENNETH P. LAVALLE

reported the proper full market value of the in kind campaign advantage (and marketing value or
other value) of the naming of the Kenneth P. LaValle Stadium, nor has he reported the
advertisement value of printed and media announcements which cause the garnering name

recognition or other campaign value by way of the naming of the Kenneth P. LaValle Stadium,
nor has Respondent Kenneth P. LaValle Stadium reported the proper full market value of the
in kind campaign advantage, marketing value, or name recognition value he has received by way
of any road signs or other campaign values he has received by way of the naming of the
Kenneth P. LaValle Stadium.

16.

Not once since October 19, 2002 has any opposition candidate to Respondent

KENNETH P. LAVALLE received EQUAL TIME to any of the value (including Broadcasts)
provided Respondent KENNETH P. LAVALLE by way of the naming of the Kenneth P.
LaValle Stadium --- nor its tertiary benefits, in kind value, name recognition, or other campaign
value or other related value.

17.

On information and belief, there has been no similar litigation and this is a case of

first impression.

NATURE OF THE CLAIM

18.

The nature of the claim is that Respondent KENNETH P. LAVALLE entered into

a quid pro relationship with other Respondents to convert a public works and education project
into political vanity project (a/k/a: pork). Respondent, STATE UNIVERSITY OF NEW
YORK AT STONY BROOK (SBU), entered into an agreement with Respondent KENNETH
P. LAVALLE in which KENNETH P. LAVALLE could (or did) act to aid in the appropriation
of $22,000,000.00 in tax money to Respondent SUNY AT STONY BROOK, for a sports
stadium. In return Respondent SUNY AT STONY BROOK would name said stadium after

KENETH P. LAVALLE. Even if information, as reported in the press, or belief, is adjudicated

to be incorrect as to pre-consecration quid pro quo, the post-consecration condition of naming
(and maintenance of the naming) of a stadium paid for by taxpayers for the benefit of a sitting
New York State Senator would be a violation of law. Other Respondents did aid and abet the
quid pro quo and maintain a condition of the expenditure of additional taxpayer monies for the
benefit of this pork project.

19.

All respondents do now, and intend to continue to, aid and abet the quid pro quo

condition of ongoing expenditures (for maintenance of signage, promotion of the name, etc.) of
both additional taxpayer monies and student monies for the benefit of this pork project.

20.

In fact, SBU students are forced to have a portion of their fees and other payments

stacked on top of their interest bearing student debt (at graduation) so that Respondent Kenneth
P. LaValle is personally aggrandized and paid homage to as part of the ongoing scheme of this
political pork project. These same students are de facto FORCED to fund the greater political
campaign of Respondent Kenneth P. LaValle despite the fact that (a.) he might be despised by
them and/or (b.) that some students might have a conflict of law via a statutory loyalty to a
competing political party (in violation of NYS ELECTION LAW 2116) . However, for
forced participation in the greater political campaign of Respondent Kenneth P. LaValle, SBU
Students are denied their Constitutional Right of free association or non-association (U.S. Const.
Am. 1.). Similarly, some students are forced de facto to support opinions, ideas, positions, votes,
etc. that they would not otherwise support, in violation of their Constitutional Right of free
speech.

21.

That students are forced to make payments for unwanted installation and/or

maintenance of Kenneth P. LaValle Stadium signage or other related media, or costs (which
may be to them, undesirable products and/or services) so that they might also purchase and use
other (more desirable) SBU and/or SUNY services and/or products constitutes a tying
agreement (which is defined anti-competitive chicanery and a violation of US anti-trust law).
This is a de facto use of monopoly power by Respondents SBU and SUNY since complex
circumstances have forced students to be consumers of SBU and/or services and/or products
for the lack of availability of those services and/or products elsewhere.

22.

The naming of the Kenneth P. LaValle Stadium, as well as the costs of the

continued maintenance brought on by the naming of that public property, are for the personal
benefit of a sitting NYS Senator who is campaigning for re-election is a fraud upon the taxpayers
of the State of New York --- as such, the respondent and the employees of respondent agencies
have an ongoing reporting responsibility under NYS Executive Law 55. Further, numerous
persons with knowledge are licensed attorneys and have a continuing affirmative ethical
obligation to prevent ongoing and future crime and tort.

23.

It is ludicrous for sitting legislators (seeking re-election of otherwise) to have

public structures named for them for the de facto benefit of their personal political careers. It is
also ludicrous for sitting legislators (seeking re-election of otherwise) to have public property,
where they may have appropriated all or part of the cost for said public property, to be named for
them --- such actions are reminiscent of pre-1776 Colonial rule and of projects created by more

recent tyrannical regimes funding their own extended domination (if not a 1000 year Reich).
Such behavior is a pernicious political activity where government actors and their enablers have
de facto created a condition where government may fund its own self-election with public
monies.

24.

This naming of the Kenneth P. LaValle Stadium (and the maintenance of the

naming) is quid pro quo for political favor rendered --- it is not for the lifetime of service of a
retired or deceased person or for the particular act of a designated hero. Neither does conform to
Federal rules for naming structures for living persons --- who cannot be living state actors at all -- who can only be DECEASED, or living former presidents or vice presidents, living former
Federal Judges (or Congresspersons) over a certain age. As Federal monies are entangled,
Federal precedent should be guiding herein.

25.

SBU is located in the Town of Brookhaven; recent public policy changes

highlight the publics desire to have sitting elected officials barred from being named on the
signage of public facilities. The Town of Brookhaven recently enacted policy to REVOVE the
names of sitting elected officials from the signs on Brookhaven Town public property.

26.

Pursuant to the SUNY regulations for naming of things on SUNY campuses,

the Kenneth P. LaValle Stadium naming is against regulations and arbitrary and capricious
(Exhibit 1 --- Policy Title: Naming Opportunities on State University Campuses, Policy,
Document Number: 9251, Effective Date: March 23, 2010)
https://www.suny.edu/sunypp/documents.cfm?doc_id=81

27.

Readily available information on the naming of the stadium confirms it was

named for some form of quid pro quo, for example:

(a.) The facility was named in honor of Kenneth P. LaValle on October 19, 2002 in
honor of the New York State Senator that was instrumental in making the stadium a reality.
(Kenneth P. LaValle Stadium, http://www.stonybrookathletics.com/sports/2016/8/25/facilitiesston-10-lavalle-html.aspx)
(b.) "The stadium opened on September 14, 2002. On October 19, 2002, it was officially
named after Kenneth P. LaValle, the New York state senator who was instrumental in getting the
legislative funding available for the construction of the stadium." Wikipedia,
https://en.wikipedia.org/wiki/Kenneth_P._LaValle_Stadium
c.) Other documents cite additional reasons for naming the stadium as Kenneth P.
LaValle Stadium, the Gravamen of the assertions for naming also delineate forms of quid pro
quo.

28.

There is a continuing obligation to correct the error of naming of the Kenneth P.

LaValle Stadium for a NON-DECEASED state official and sitting and campaigning public
official.

29.

There is no exception in the law for the naming of the Kenneth P. LaValle

Stadium to be considered a gift (or other honorarium) to Respondent KENNETH P.

LAVALLE. Gifting is not an option for numerous reasons including but not limited to: (a.) the
value is above the limits for allowable gifts to public officers and elected officials, (b.) the NY

State and US Governments are both forbidden to make such transfers to either private citizens,
public officers or elected officials.

30.

Petitioner Candidate has a been unlawfully, and without CONSTITUTIONAL

DUE PROCESS, denied his right to CONSTITUTIONALLY PROTECTECTED EQUAL

PROTECTION, over Candidate Respondent KENNETH P. LAVALLE --- in that Candidate
Respondent KENNETH P. LAVALLE has been provided an unusual (however illegal) de facto
CAMPAIGN CONTRIBITION of inordinate and sui generous proportion over the Petitioner.

31.

The naming of the Kenneth P. LaValle Stadium constitutes and obscene transfer

of soft money political contribution from one group of government actors to another. It is such
a gross and excessive amount of wealth transfer and unjust enrichment to Respondent
KENNETH P. LAVALLE that it shocks the senses.

32.

Respondent New York State Senator, KENNETH P. LAVALLE, petitioned

himself to be nominee of THE REFORM PARTY OF THE STATE OF NEW YORK, the now
landing party of the Klu Klux Klan (and other followers of David Duke, as part of their
Republican Party exit) in and thus did curry favor with various hate groups concurrent to his reelection bid for NYS Senate District 1 within Suffolk County --- this does facilitate the violation
of minority rights and the rights of other protected groups with the aid of taxpayer funding. As a
result of Respondents actions, including but not limited to Respondent Boards of Elections
formally recognizing the REFORM PARTY OF THE STATE OF NEW YORK, countless
minorities stand in jeopardy of being presented a de facto hate group candidate who is in part

campaign financed by the government and thus protected groups are deprived of their
Constitutional Right to Public Safety and Equal Protection.

33.

Said political vanity project violates to vote all in violation of 18 U.S.C. 201,

666, 1001, 1349, 1951, 1952; Hatch Act of 1939, an Act to Prevent Pernicious Political
Activities, New York State Constitution Art I Sect. XI, and other law. These violations are ab
initio and continuing, and aggravated in that while the violations and torts have become
increasingly obvious the scheme is maintained to curry favor and gain advantage. With
predicate felony within, the scheme is a violation of 18 U.S. Code, Chapter 96 broadly ---
1961 1968.
RELIEF
34.

Petitioner seeks an ORDER for Respondent KENNETH P. LAVALLE to amend

all campaign finance filings from October 19, 2002 through the present so that they reflect the
proper full market value of the in kind campaign advantage (and marketing value) provided to
Respondent KENNETH P. LAVALLE.

35.

Petitioner seeks a DECATORY JUDGMENT ruling that the in kind campaign

value received by Respondent KENNETH P. LAVALLE he has received by way of the naming
of the Kenneth P. LaValle Stadium, from each and every respondent, jointly and severally, has
exceeded the campaign finance limits.

36.

Petitioner seeks both (a.) a DECATORY JUDGMENT ruling that the naming of

the Kenneth P. LaValle Stadium was improper ab initio by law and by the rules and

regulations of SUNY, and (b.) a DECATORY JUDGMENT that the continued maintenance of
the SUNY collateral signage, printing, and other media is improper by law and by the rules and
regulations of SUNY.

37.

Petitioner seeks a DECATORY JUDGMENT that there should be a black out

of all broadcast and printed media exposure mentioning Kenneth P. LaValle Stadium during
the election cycle (where there is any declared opposition candidate) unless the media outlet
provides EQUAL TIME for the opposition candidate(s) equal to the value received by
Respondent KENNETH P. LAVALLE via what value he has receives by way of the naming of
the Kenneth P. LaValle Stadium and related announcements and media.

38.

Petitioner seeks the appointment of a SPECIAL PROSECUTOR for any and all

criminal allegations that may to come against Respondent KENNETH P. LAVALLE, or any
other Respondents, or the Petitioner (by way of reprisal) related to any of the subject matter
alleged herein.

39.

Petitioner seeks an order to immediately remove the name of Respondent

KENNETH P. LAVALLE from the Kenneth P. LaValle Stadium.

40.

Petitioner seeks an ORDER to remove Respondent KENNETH P. LAVALLE

from the November 8, 2016 ballot, and all future ballots, for as long as there shall be known the
existence of a public structure or other public property named for him ---- including but not
limited to the Kenneth P. LaValle Stadium.

41.

Petitioner seeks recognition as a whistle blower for what he has revealed herein

together with the protections provided under both NYS and US whistle blower protection
statutes.

42.

WHEREFORE, Claimant GREG FISCHER files this notice of claim in

anticipation of filing an Order to Show Cause (a.) for the relief requested above, and (b.)
permanently enjoining Respondents from distributing ballots with Reform Party Candidates as
eligible candidates in the upcoming General Election scheduled for November 8, 2016

43.

Petitioner seeks further relief as this Court deems necessary and proper.

Dated: October 1, 2016

Riverhead, New York

__________________________
Gregory-John Fischer, in propria persona
P.O. Box 285
Calverton, NY 11933-0285
631-727-9637

(Revision 1.4)

EXHIBIT 1:

Naming Opportunities on State University Campuses, Policy

Policy Title:
Naming Opportunities on State University
Campuses, Policy

Category:
Philanthropy

Responsible Office:
University Counsel

Document Number:
9251
Effective Date:
March 23, 2010

This policy item applies to:

State-Operated Campuses

Table of Contents
Summary
Policy
Definitions
Other Related Information
Procedures
Forms
Authority
History
Appendices
Summary
This policy establishes general guidelines for the permanent naming of
things on campuses of the State University of New York (University).
Policy
General Guidelines
1. The naming of a physical or non-physical asset of the University is
appropriate when a significant gift is received for the benefit of the University,
directly or through a campus-related foundation, and to honor the character,
service or other positive merits of the donor or the donors honoree.
2. A physical or non-physical asset may be named on behalf of an individual or
legal entity.

3. The naming of a physical or non-physical asset in recognition of a donor or a

donors honoree implies a promise to that donor that asset will be permanently
maintained or, if change is unavoidable, that an alternative means of recognizing
the donor or honoree will be found.
4. All combinations of gifts, pledges, and irrevocable deferred gift arrangements
are acceptable forms of philanthropy to support naming commitments. With
respect to deferred gifts, while the naming commitment may be immediate, the
required amount may be set higher because of the delay in the campus
foundation receiving the gift.
5. Buildings, campus grounds or other physical facilities will not be named for
individuals currently employed by the University or the State ofNew York, unless
a donor other than the honoree provides a sufficient gift (as per the campus
approved naming guidelines) in honor of that individual.
6. To support the naming of a non-physical asset (e.g. center, institute,
program, academic unit) through the establishment of an endowment, the
amount of the endowed gift should be sufficient to generate annual earnings (at a
rate not less than 5%) that would be necessary to sustain the non-physical asset
on a permanent basis.
7. To support the naming of annual term funds for faculty support, financial aid
or other funding priorities, the donor should commit to providing an annual gift at
least equivalent to the income from an endowment fund required to sustain the
non-physical asset for a fixed period, typically three to five years.

Definitions
There are no definitions relevant to this policy.
Other Related Information
In support of this policy, the following links and/or references to additional resources for related
information are included:
Fundraising Reporting Instructions
Foundations Guidelines, Campus-Related

Procedures

Naming Opportunities on State University Campuses

Gift Acceptance Procedures
Forms
There are no forms relevant to this policy.
Authority
Where applicable, this section contains links and/or references to the
authority governing this policy:
State University of New York Board of Trustees Resolution 2010-022,
adopted March 23, 2010, which repeals Board of Trustees Resolution 200521.
History
This section contains links and/or references to the history relevant to this policy:
Memo to presidents from the office of University counsel dated June 1, 2005 regarding
Establishment of Administrative Guidelines for naming opportunities on State University of New
York campuses issued by the chancellor on May 26, 2005.
Amended January 25, 2005:

State University Board of Trustees Resolution 2005-24 expanded naming

opportunities authorized the Chancellor to promulgate more specific
implementation administrative guidelines and recommendations at the
administrative level. In addition, the Chancellor was authorized to approve
naming guidelines for a campus which differ from the naming policy in order to
address specific needs or circumstances of the campus.

Memo to presidents from the chancellor dated December 19, 2002 provided guidelines for
naming opportunities on campuses of the University while encouraging increased philanthropic
support.
Amended January 28, 1997:

State University Board of Trustees Resolution 97-18 provided that buildings or

grounds be named after prominent persons either living or deceased who have
made a significant contribution for the benefit of the University either direct or
through a campus-related foundation

Amended January 23, 1980:

State University Board of Trustees Resolution 80-8 allowed the Board of

Trustees to consider requests for exceptions to the naming policy in the event
that a local council deems it appropriate to honor a living local or state person or
organization responsible for a substantial gift made for the benefit of the
University either directly or through a campus related foundation.

Repealed - July 10, 1969:

State University Board of Trustees Resolution 69-222 repealed Board of

Trustees Resolution 50-122 and allowed the Board of Trustees, upon local
Council request, to name buildings and grounds after living local or state persons
who have made a substantial gift to the University.

Established November 2, 1950:

State University Board of Trustees Resolution 50-122 established

comprehensive plan for the renaming of state-operated institutions of the
University after deceased local or state persons in accordance with standard
nomenclature.

Appendices
There are no appendices relevant to this policy.

VERIFICATION
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
I, GREGORY-JOHN FISCHER, being duly sworn deposes and says: I am the Claimant
in this proceeding. I have read the foregoing Notice of Claim and know the contents thereof. The
contents are true to my own knowledge except as to matters therein stated to be alleged upon
information and belief, and as to those matters, I believe them to be true.

_____________________________
GREGORY-JOHN FISCHER
Sworn to before me on this
______day of October 2016.

________________________________
Notary Public