New York State Mom of Gay Teen Heads to State Court of Appeals

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 NIAGARA COUNTY, NY, May 28, 2010 --

In a one-line Memorandum and Order - without comment from Justices Martoche, Smith, Fahey, and Carni - the ruling leaves in place an illegal and egregious finding by Niagara County Department of Social Services and New York State Office of Children and Family Services who indicated Mangus for Educational Neglect in 2007.

The motions are in response to an Article 78 proceeding held before the Appellate Court last year that sought relief from the second alleged finding of 'educational neglect' against Mangus: The first report filed by North Tonawanda High School Principal James V. Fisher for educational neglect in 2006 was 'unfounded'.

Mangus failed to get the second finding reversed even though the facts of the case show Mangus' son had been excused from compulsory attendance by two medical professionals and that New York State Office of Children and Family Services violated Mangus' due process rights at a 2008 NYS OCFS Administrative Hearing held before Judge Jean Greinert in Niagara Falls, NY when they failed to advise and obtain, on the record, an intelligent or understanding waiver of the Appellant right to be afforded the opportunity of counsel.

Mangus' son Michael, who is now 18 years of age, was removed from North Tonawanda High School in 2005 for the reason of escalating violence against the then 14 year old who was subject to repeated harassment and bullying, culminating in an expletive-laden death threat against him based on his sexual orientation and gender expression. 

Mangus maintains City of North Tonawanda School District failed to provide a safe environment for her child to learn, school officials disagreed. The author of the death threat was never found according to North Tonawanda High school officials and North Tonawanda Police.

Counsel for New York State Office of Children and Family Services, Zainab A. Chaudhry, of Counsel for New York State Attorney General Andrew Cuomo's Office, opposed the motions on the grounds that Mangus failed to establish that the Court overlooked or misapprehended the relevant facts or misapplied any controlling principle of law, nor did the case present issues that are novel or of public importance.

Mangus, who proceeded pro se on the matter, was advised by high-profile Chicago attorney Jay Paul Deratany and his associate Nathan Polum. The two gave Mangus their expert advisement on a pro bono basis. Deratany is a politician, human rights activist, and successful personal injury attorney specializing in birth injuries, and has won multi-million dollar settlement awards for clients in Cook County. He is also a playwright: His human rights play "Haram Iran" has been produced for the Chicago and Los Angeles theater districts, and has received global praise; from Washington, DC's Campaign for Human Rights and London's gay advocacy forums. 

The Mangus matter is now pending an order, granting leave to appeal, to the Court of Appeals; New York State. 

(Ref. Niagara County
County Clerk Index No. 136504
Appellate Division Docket No.: TP0901245)