SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS —X GB, a pseudonym; NP, a pseudonym; MA as Legal Guardian of BA; PM as Parent and Natural Guardian of JM; and JP as parent and Natural Guardian of BF, INDEX NO.: Plaintiff, -against- TOWN OF HEMPSTEAD, ANTHONY SANTINO VERIFIED COMPLAINT and WILLIAM MULLER I, Defendant. Plaintiffs GB, a pseudonym; NP, a pseudonym; MA as Legal Guardian of BA; PM as, Parent and Natural Guardian of JM; and JF as Parent and Natural Guardian of BP, for their complaint, individually and on behalf of all others similarly situated allege as follows: 1, GBis an adult resident of the Town of Hempstead. GB is a pscudonym being used to protect the privacy of GB, a person with disabilities. 2. NP isan adult resident of the Town of Hempstead. NP is a pseudonym being used to protect the privacy of GB, a person with disabilities. 3. Jas parent and Natural Guardian of BF is a resident of Town of Hempstead. JF and BF are pseudonyms being used to protect the privacy of BE, an infant with disabilities 4, MAis the Legal Guardian of BA, and Adult with disability, residing in the Town of Hempstead. MA and BA are pseudonyms, being used to protect the privacy of BF, an infant with disabilities, 5. PMas Parent and Natural Guardian of JM, an infant with disabilities, residingin the Town of Hempstead. PM and JM are pseudonyms, used to protect the privacy of BF, an infant with disabilities. 6. ‘The Town of Hempstead is a Municipality of the State of New York, with an address at 1 Washington St, Hempstead, NY 11550 7. Anthony J Santino is an individual residing in East Rockaway and is the Supervisor of the Town of Hempstead, which has an address at 1 Washington St, Hempstead, NY 11550, Santino resides at 7 ROSE LANE EAST ROCKAWAY, NY 11518. 8. Defendant William Muller III is Counsel to Anthony Santino, the Supervisor of the Town of Hempstead and is employed by the Town of Hempstead at 1 Washington St, Hempstead, NY 11550 = ‘The Town of Hempstead operates Camp Anchor located at 630 Lido Blvd, Lido Beach, NY 11561 10. This action is being brought in Queens County because Anthony J. Santino and has a role in the selection of judges in Nassau County and a fair trial may not be obtained there. 11, Camp Anchor is a recreational a comprehensive educational and recreational year round program serving 1,200 children and adults with special needs, 12, Camp Anchor has on staff registered nurses that administer prescribed ‘medications to many of the camp’s participants. In Addition the nurses are responsible for feeding those that require tube feedings, 13, Only Town residents five years of age and over with developmental disabilities may apply for admission to the Camp ANCHOR program,14, Inorder to be be accepted into the Camp Anchor program, a medical certification is required demonstrating that the Town Resident has a developmental disability. 15. Since the application and acceptance into Camp Anchor requires a medical certification, the identity of the individuals in the program is protected under State and Federal Law, and the release of that information for unauthorized personnel is a violation of the individuals Civil Rights and otherwise, an invasion of privacy, as it may subject the individual to derision and ridicule. 16, The Health Insurance Portability and Accountability Act, (“HIPAA”) is US law designed to provide privacy standards to protect patients’ medical records and other health information provided to health plans, doctors, hospitals and other health care providers, 17, The Individuals with Disabilities Education Act (IDEA) is a four-part (A-D) piece of legislation that ensures students with a disability are provided with Free Appropriate Public Education (FAPE) that is tailored to their individual needs, 18. ‘The Family Educational Rights and Privacy Act (also referred to as the Buckley Amendment) is a federal law designed to: Protect the privacy of student education records, 19. William Muller III is a high level employee of the Town of Hempstead. Mr. Muller makes $160,000 a year in his position and his wife, Diana Bianculli-Muller eamed 109,000 a year as the Deputy Town Clerk. 20. Muller works to ensure that Republicans, including Santino, are elected and re- elected. 21. — Upon Information and Belief, William Muller III, with the knowledge and consentof Anthony J. Santino and The Town of Hempstead, obtained the confidential private contact information Plaintiffs, as well as the adult and infant campers that attend Camp Anchor and/or who previously attended the camp, 22. Muller did not have a legitimate or legal reason to access those records. 23. Muller used the records that he illegally and illicitly obtained to contact the parents of Infant Anchor Campers and Adult Campers by letter dated October 31, 2017 urging them to vote for Anthony Santino for Town Supervisor (The “Maller Letters”) 24. Upon Information and belief, Muller accessed the records so that he and his wife could curry favor with Anthony J. Santino and/or The Town of Hempstead’s and continue earning the more than $260,000 in combined salaries that they were paid by the Town, ris If Muller did not access the records, then his wife Diana Deputy to the Town. Clerk did so and provided Muller with the records. 26. As Deputy Town Clerk Diana Muller was charged with protecting Town records and to protect records of Anchor attendees, 27. ‘The Town of Hempstead, failed to advise its employees that the Camp Anchor records were highly confidential, because the recipients had disabilities that could subject them to derision and ridicule, 28. Upon information and belief, the Muller’s letters were sent in furtherance of a scheme by Santino and Muller to use confidential town records to further the candidacy of Anthony Santino. 29. ‘The use of the confidential records of Camp Anchor for a political mailing wasdone by Muller, on his own, or at the urging of Anthony J. Supervisor and The Town of ‘Hempstead and violated the privacy and civil rights of those individuals were accessed, as well as the privacy rights afforded under HIPPA, IDEA and FERPA, 30. Anthony J. Santino and The Town of Hempstead, are all responsible for the acts of Muller, including the unauthorized use of confidential records by Muller for political purposes. 31 At the Time, Muller accessed the records of the Plaintiffs he was acting in his ;pacity as Counsel for the Town of Hempstead. 32, At the time, Muller accessed the records of the Plaintifis he was acting at the direction of Anthony J. Santino. 34, At the time, Muller sent the October 31 letter to the Plaintiffs he was acting at the direction of Anthony J, Santino. 35, At the time, Muller accessed the October 31 letter to the Plaintiffs he was acting at the direction of the Town of Hempstead, 36. Upon information and belief, Muller was assisted in mailing the October 31 letters by other employees of the Defendants or Volunteers working for the Defendants and the Mid Island postmark on each envelope reveals that Muller likely did not pay for the mailings either, and that the mailings were likely paid for by one of the other Defendants, 37, Plaintiffs, and in the same position as the other approximately 1200 Camp Anchor attendees and former attendees whose records were illegally accessed 38. Plaintiffs seek to be named as class representatives of the class of individualswhose confidential records were accessed by Defendants and then used by Muller for the solely political purpose of promoting the candidacy of Anthony J. Santino for Supervi of Hempstead, AS AND FOR A FIRST CAUSE OF ACTION 39. The access of the confidential records of the Plaintiffs, and the roughly 1200 other campers was an invasion of privacy, and revealed to Muller and all who reviewed the mailing to Plaintiffs’ that each of the infants campers and each of the adult participants had a disability. 40. The access and dissemination of the private information from the Town Clerk's office to William Muller was upon information and belief performed by a confidential high level person in the Town Clerk’s office, in furtherance of a scheme to promote the candidacy of Anthony J. Santino, and the Town of Hempstead slate. 41, Since the mere identity of participants indicates that they have a developmental disability, each of the residents had an anticipation that their names and addresses would not be disclosed or used for political purposes. 42. Since the Town of Hempstead has medical staff on site at Camp Anchor and that staff disseminates medication to at least 50% of the residents of Camp Anchor, itis a Healtheare provider under the Health Insurance Portability and Ac yuntability Act of 1996) (“HIPAA”) 43. The access of the personal records of the camp anchor participants, including Plaintiff, by Muller through the Town Clerks office was illegal, immoral and performed solely for the improper purpose of attempting to get Anthony J. Santino elected, was a violation HIPAA, and a violation of New York’s Public Health Law.44, By reason of the foregoing, each of the plaintiffs and each of the members of the putative class are entitled to damages of $50,000 each, limited only by the annual cap for such violations once class status is granted AS AND FOR A SECOND CAUSE OF ACTION 45, Each of the participants in the Camp Anchor program had at right to privacy, and had the right to anticipate that the Town would not access their records or permit the unlawful use of those records for political purposes. 46. Since the mere identity of participants indicates that they have a developmental disability, each of the residents had an anticipation that their names and addresses would not be disclosed or used for political purposes. 47. The records obtained and utilized by Mr. Muller were of such a nature, that the Town would not and could not have disclosed those names and addresses to a third party in response to a FOIL request, nor could it have sold the information the a medical devise manufacturer. 48. Muller, an attorney, knew at the time he accessed the records and at the time he used the accessed records that the did not have a lawful or legitimate purpose to utilize those records and he did so in wonton disregard of his civil obligations. 49, The disclosure by the Town to Muller and Muller’s use of the information for improper political purposes violates ARTICLE 6-A PERSONAL PRIVACY PROTECTIONLAW. 51, By Reason of the Foregoing, the Defendants are liable to Plaintiffs and each and every Member of the putative class damages and punitive damages. AS AND FOR A THIRD CAUSE OF ACTION, bee ‘The failure to protect the confidential information of Plaintiffs and the putative class, and the access of that information by Muller constituted an invasion of the privacy, 53, Byreason of the foregoing, Plaintiffs and the Putative Class are entitled to damages and punitive damages, to be determined by a jury of their permission. AS AND FOR A FOURTH CAUSE OF ACTION 54. Plaintiffs seek an Injunction precluding the use of their names addresses and other identification for political purposes or any other improper use. WHEREFORE, Plaintiffs GB, a pseudonym, NP, a pseudonym, MA as Legal Guardian of BA, PM as Parent and Natural Guardian of JM and JF as parent and Natural Guardian of BP, requests that this HONORABLE COURT enter judgment against Defendants TOWN OF HEMPSTEAD, ANTHONY SANTINO and WILLIAM MULLER II, in an amount to be determined by a jury of their peers and Issue an Injunction preventing the Future Disclosure of their identities and addresses for political purpose, Dated: Bellmore, New York November 5, 2017 ‘Yours, ete.TO: ANTHONY SANTINO WILLIAM MULLER IIT Jeffrey B. Gold, Esq. GOLD, BENES, LLP Attorneys for Plaintiffs 1854 Bellmore Avenue Bellmore, New York 11710 (516) 512-6333,