Gary Levin V William Fitzpatrick (Complaint) Filed 02-06-2020 Index No. 001409-2020 PDF
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Desiree YaganGary Levin V William Fitzpatrick (Complaint) Filed 02-06-2020 Index No. 001409-2020 PDF
Uploaded by
Desiree YaganFILED: ONONDAGA COUNTY CLERK 02/06/2020 04:45 PM INDEX NO.
001409/2020
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 02/06/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
GARY J. LA VINE,
PLAINTIFF COMPLAINT
-V- INDEX NO:
WILLIAM J. FITZPATRICK,
DEFENDANT
Plaintiff Gary J. Lavine alleges:
SUMMARY OF COMPLAINT
1. This is an action for defamation of character. Venue is based on Plaintiffs residence.
2. Upon information and belief, on February 13, 2019, William Fitzpatrick stated to the
executive committee of the Onondaga County Conservative Party that Gary Lavine had offered
to withdraw from the 2019 race for Onondaga County District Attorney in exchange for a
payment by his son Daniel Fitzpatrick to Gary Lavine's sister Laura Lavine (the "False
Representation").
3. This False Representation if true-which it is not-would constitute unethical conduct by
Gary Lavine and arguably violate the Penal Law §200.56.
4. The False Representation is a grievous accusation impugning Gary Lavine's character,
professional integrity and reputation.
5. The False Representation was made by Mr. Fitzpatrick knowing the accusation was false
with the intention of damaging Mr. Lavine's reputation and character to members of the
Conservative Party executive committee and to intimidate Mr. Lavine in his representation of the
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Lavine for Mayor Committee, its treasurer and Laura Lavine in a dispute with his son Daniel
Fitzpatrick.
6. The False Representation was, upon information and belief, made by Mr. Fitzpatrick with
malice and with the imprimatur of his office as District Attorney.
7. William Fitzpatrick's accusation, therefore, constitutes defamation per se.
PARTIES
8. Gary J. Lavine is an attorney licensed to practice law in New York and the District of
Columbia. Gary Lavine is a resident of Onondaga County. For the 2019 general election, he
was a candidate for Onondaga County District Attorney.
9. William Fitzpatrick is the Onondaga County District Attorney and was a candidate for
reelection in the general election of 2019.
DISPUTE BETWEEN THE LAVINE FOR MAYOR COMMITTEE AND DANIEL
FITZPATRICK
10. For the 2017 general election, Laura Lavine was the Republican candidate for mayor of
Syracuse.
11. The Lavine for Mayor Committee engaged Daniel Fitzpatrick and his firm Paladin
Political Consulting LLC to manage the campaign.
12. Daniel Fitzpatrick acrimoniously ended his engagement with the Lavine for Mayor
campaign in August, 2017.
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13. An initial demand for an accounting by Daniel Fitzpatrick pursuant to Election Law, §14-
122 was made on February 28, 2018. Daniel Fitzpatrick's stewardship of the Lavine for Mayor
Committee funds is now the object of a petition by the committee, its treasurer, and Laura Lavine
to compel an accounting by Daniel Fitzpatrick and Paladin Political Consulting LLC.
WILLIAM FITZPATRICK'S FALSE ACCUSATION AGAINST GARY LAVINE MADE
BEFORE THE ONONDAGA COUNTY CONSERVATIVE PARTY EXECUTIVE
COMMITTEE
14. Both Gary Lavine and William Fitzpatrick sought the Conservative nomination for
District Attorney.
15. Upon information and belief, William Fitzpatrick was interviewed by the Conservative
Party executive committee on February 13, 2019 at the Dewitt Town Hall. Gary Lavine was
interviewed on February 19, 2019, at the Dewitt Town Hall.
16. When Gary Lavine appeared before the Conservative party executive committee, the
party county chair, Russ Johnson, stated that William Fitzpatrick asserted during his interview
before the committee that Gary Lavine had offered to withdraw from the race in exchange for a
payment by Daniel Fitzpatrick to Laura Lavine (the False Representation).
17. Presumably, the dispute about the Lavine for Mayor Committee funds was the predicate
for WiHiam Fitzpatrick's False Representation.
18. Gary Lavine stated to the Conservatives that the accusation was false and that the District
Attorney's concoction was a complete fabrication.
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19. Upon information and belief, the False Representation was made with malice.
20. By reason of the foregoing, Gary Lavine was defamed by William Fitzpatrick, and the
accusation made by William Fitzpatrick constitutes defamation per se.
WHEREFORE, plaintiff Gary J. Lavine demands judgment against defendant William J.
Fitzpatrick in the amount of $250,000 together with costs and disbursements and such other
relief as the court may deem just and appropriate.
~~ROSE
One Lincoln Center Suite 1000
110 W Fayette St
Syracuse NY 13202-1188
Telephone: (315) 701-6427
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VERIFICATION
STATE OF NEW YORK }
COUNTY OF ONONDAGA} ss.:
GARY J. LAVINE, being duly sworn, deposes and says that deponent is the Plaintiff
named in the within action; that deponent has read the foregoing Complaint and knows the
contents thereof; that the same is true to deponent's own knowledge, except as to the matters
therein stated to be alleged on information and belief, and that as to those matters deponent
believes them to be true.
Sworn to before me this
(~day of February, 2020.
CONSTANCE M. MAVRIDES
~~
Notary Public, State of New York
No. 01 MA4985357
Ou.alified in ~nondaga Cou"n, .-
Notary Public Comm1ssJOn Expires February 3, 20_&~ · .. , : • • , I • • •
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