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December 11th, 2018

11/12/2018

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0 Comments

WHAT'S GOING ON

21/7/2015

0 Comments

 
tbc.
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NY  Post  "Brooke  HAS  MOMMY  ISSUES"

2/7/2015

1 Comment

 
RECONSIDERATION AFTER SUBORNED PERJURY_by_cy_vance_..docx
File Size: 115 kb
File Type: docx
Download File

Brooke Lied.

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Brooke Shields neighbor wanted for stalking  
(***when women LIE, #MENToo)
By Dana Sauchelli, Natasha Velez and Natalie O'Neill


This is all bullshit, by the way.  
  1. Brooke was introduced to me by her husband, Chris.  We made some small talk and discussed her involvement and inspiration behind our work.  She seemed honored and quite lovely, at the time.  She appreciated the work we do and seemed like a solid supporter. 
  2. Sandy Hook Memorial items were sent to Brooke professionally from this NY State 501c3 non-profit. We asked if she would watch out for the stuffed items and if she would then return them at the buildings opening.  
  3. Brooke's mom Teri had given me personally a beautiful baby picture of Brooke in a heart shaped frame.  It was a moment from a birthday party of Brooke's.  I returned it to Brooke seeing I'm a grown man, and thinking how her daughter would appreciate it seeing her grandmother had just passed and it was actually hers.  
  4. Brooke's two daughter, Rowan and Grier were out selling lemonade.  I bought a cup while addressing their nanny for the most part.  I also had a cool situation where I thought them the rewards of doing a good job.  I gave them probably 2bucks of change I had in my pocket.  
  5. Brooke signs everything with an XX.  After a couple meet and greets, I would always have to remind Brooke about the XX's.  It began to seem kind of a fun thing to bring up, and she actually seemed genuinely nice.  I parked my car at an available spot- it took me an hour and a half to find.  My car isn't driven in the city only in and out.  The car would be left for days, and sometimes weeks.  This was also a good place to park because the street isn't policed by those horrible ticketing rodents.  Brooke walked by and I said hello.  I told her I had parked in the front and asked if she'd like the spot.  What the fuck, doesn't she drive??  In any case the next day I thought I'd be cute and I wrote an imitation of her signature on my back window.  I had every belief I'd come back to my car with, what??  the XX.  NOPE.  MY car was violently wiped away and scratched where whatever was used touched the paint.  The guy who did it is Brooke's assistant and she's a little faggy, awful creature,  He's violent and honestly unstable given the situations at hand.  
  6. Brooke filed a complaint and added manipulated versions of prior interactions with the intention to mislead and to imply I was stalking her.  She even filed 4 unlawful statements.
  7. Filing false reports is a crime.  Brooke Shields, Chris Henche, and the lady-bug committed actual crimes.
  8. I was told to not walk on the street.  I had done nothing wrong and wouldn't change my behavior just because someone once famous moved into my neighborhood- on a street I've walked on for 18 years.  



BY THE WAY, the celebrity support we were given was from:


  • Anderson Cooper agreed.
  • Dr. Oz agreed.
  • Sarah Jessica Parker agreed.
  • Liv Tyler agreed.
  • Julianne Moore as that we keep them for her.  She WAS so very very kind.  



We live in the West Village- it's our home.  We are also NY'rs so the celebrity bullshit does not apply to us and we actually are quite protective of outsiders.  Brooke apparently is above being a part.  I understand the traumatic effects of being a victim.  Brooke was a victim of abuse just two years prior.  It was a long ordeal over a 10year period I'm told.  This guy was an actual stalker and really scared Brooke.  According to Brooke's own husband, Chris, Chris told me Brooke is hyper sensitive,  Yeah, I'd say.  As a result of being terrorized Brooke is always on guard, well at least the three times I had run into her.  


3x.  3x..   We live 2 blocks from each other.  and only 3x running into each other in the four years of her moving into my neighborhood.  


If I was on her radar, and was so awful why would she then move so close to me.  I never went to her old neighborhood looking for her.  I didn't care.  Its her personal life.  And if she hadn't showcased her W10th St. brownstone, I wouldn't have known she lived so close.  






May 14, 2015 | 7:34pm


Brooke Shields Photo: Splash News
A West Village man obsessed with the movie “Blue Lagoon” has been stalking actress Brooke Shields when he’s not at his day job working with kids, police sources and the suspect told The Post on Thursday.

John Rinaldi, 40 — who lives a few blocks from Shields’ home and works for the Sandy Hook Kids Center — left the star strange notes, creeped out her children and made nasty comments about her co-workers on social media, the actress told police on April 30.

Modal TriggerAccused Shields stalker John Rinaldi.Photo: Facebook


He allegedly parks his black Audi in front of Shields’ home on West 10th and Bleeker streets and leaves her messages on his windshield along with unwanted packages, police sources said.

He also approached her and made her kids feel “uncomfortable,” the police sources said.

But Rinaldi — who said he watched “Blue Lagoon” to “feel normal” during his troubled childhood — claims he politely contacted her to contribute to his foundation for kids.

“I’ve done nothing wrong. I left her a very polite, professional letter. I have really respected her space. I’ve never once interjected in her personal life,” he said by phone from an undisclosed upstate location.

He added, “I think of her as a sister. I don’t fantasize about her.”

Rinaldi said he sometimes runs into her at West Village shops but that he lived in the neighborhood first.

“She’s been in my neighborhood for five years.We go to the same pharmacy. But I’ve kept my distance,” he said.

Modal TriggerA Pinterest page dedicated to Shields allegedly run by Rinaldi.


Rinaldi is wanted on 4th degree stalking charges, according to police, who are circulating an internal wanted poster of him.

His social media pages are full of photos of the actress and he calls her “My Brookie” on Facebook.

It’s not Shields’ first brush with an obsessed fan — two years ago she finally got rid of a stalker who terrorized her for 15 years, she said.

Shields declined to comment Thursday.

The Sandy Hook Kids Center is a West Village-based kids foundation that works to “stop bullying and promote kindness,” according to its website.


THIS IS ALL BULLSHIT, BY THE WAY.  




FIRST of ALL DANA, NATASHA, + NATALIE are idiots....   look below to the Pinterist post...   they stated that I had dedicated an entire page- all of 9photographs to Brooke, with 1 of me in the middle....  

Read whats on my page and...

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the wording underneath my pic discuss SandyHook and with the actual photograph from CrowdSource- a fundraising site that sends any and all $ to The SandyHook Fire Department.

HOW IS THIS ABOUT Brooke???   Does she think she's more important than 20 slaughtered children? 

New York Defamation LawNote: This page covers information specific to New York. For general information concerning defamation, see the Defamation Law section of this guide.
Elements of DefamationUnder New York law, the elements of a defamation claim are:
  1. a false statement;
  2. published to a third party without privilege or authorization;
  3. with fault amounting to at least negligence;
  4. that caused special harm or defamation per se.
See Dillon v. City of New York, 261 A.D.2d 34, 38 (N.Y.A.D. 1 Dept. 1999). These elements of a defamation claim in New York are similar to the elements discussed in the general Defamation Lawsection, with the following exceptions:
Public and Private FiguresNew York courts rely heavily on the "vortex" notion of a limited-purpose public figure. See James v. Gannett Co., Inc., 40 N.Y.2d 415 (N.Y. 1976) ("The essential element underlying the category of public figures is that the publicized person has taken an affirmative step to attract public attention."). The definition of a limited-purpose public figure is covered in the general Actual Malice and Negligencesection of this guide under the limited-purpose public figures discussion (scroll down to the topic heading "limited-purpose public figures"). The guide states a person becomes a limited-purpose public figure only if he voluntarily "draw[s] attention to himself" or uses his position in the controversy "as a fulcrum to create public discussion." Wolston v. Reader's Digest Association, 443 U.S. 157, 168 (1979). He must, therefore, "thrust himself into the vortex of [the] public issue [and] engage the public's attention in an attempt to influence its outcome." See Gertz v. Robert Welch, Inc., 418 U.S. 323, 352 (1974). In New York, such figures have included candidates for public office, restaurants (for the purpose of food reviews), and religious groups.
Actual Malice and NegligenceWhen the plaintiff in a defamation lawsuit is a private figure and the allegedly defamatory statements relate to a matter of legitimate public concern, the plaintiff must prove that the defendant acted "in a grossly irresponsible manner without due consideration for the standards of information gathering and dissemination ordinarily followed by responsible parties." Chapadeau v. Utica Observer-Dispatch, 38 N.Y.S.2d 196, 199 (N.Y. 1975). This standard, which is a higher bar than negligence but lower thanactual malice, focuses on an objective evaluation of the defendant's actions rather than looking at the defendant's state of mind at the time of publication.
At least one court has found that the same standard of fault applies to citizen or non-media defendants where the allegedly defamatory statements relate to a matter of legitimate public concern. See Pollnow v. Poughkeepsie Newspapers, 107 A.D.2d 10 (N.Y.A.D. 2d Dep't 1985), aff'd 67 N.Y.2d 778 (N.Y. 1986) (no liability for letter to the editor unless writer was "grossly irresponsible").
In cases brought by private figure plaintiffs involving statements not related to a matter of legitimate public concern, New York courts apply a negligence standard.
To determine whether statements relate to a matter of legitimate public concern, New York courts view the allegedly defamatory statements in context of the writing as a whole. They ask whether the matter can be "fairly considered as relating to any matter of political, social, or other concern of the community" and distinguish this broad category of newsworthy matters from "mere gossip and prurient interest." Overall, the test is deferential to the reporter's judgment about whether a matter is of legitimate public concern. See Huggins v. Moore, 94 N.Y.2d 296, 302-03 (N.Y. 1999).
Privileges and DefensesNew York courts recognize a number of privileges and defenses in the context of defamation actions, including the fair report privilege, the opinion and fair comment privileges, substantial truth, and thewire service defense. New York has not explicitly recognized or rejected the neutral reportage privilege.
There also is an important provision under section 230 of the Communications Decency Act that may protect you if a third party – not you or your employee or someone acting under your direction – posts something on your blog or website that is defamatory. We cover this protection in more detail in the section on Publishing the Statements and Content of Others.
Most of the privileges and defenses to defamation can be defeated if the plaintiff proves that the defendant acted with actual malice. The fair report privilege is the exception to this rule; it cannot be defeated by a showing of actual malice.
Fair Report Privilege
New York has codified the fair report privilege into law. N.Y. Civ. Rights § 74. Under the statute, speakers cannot be held liable for giving a "fair and true report of any judicial proceeding, legislative proceeding or other official proceeding." A report is "fair and true" if it is substantially accurate.
Wire Service Defense
New York recognizes a privilege that is similar to the wire service defense but explicitly extends protection to content originating from other sources in addition to wire services. Jewell v. NYP Holdings, Inc., 23 F.Supp.2d 348 (S.D.N.Y. 1998). Under the privilege, courts will not hold republishers liable for reproducing defamatory content unless the republisher had or should have had "substantial reasons" to question the content's accuracy or the original speaker's good faith and reporting practices. See Karaduman v. Newsday, Inc., 51 N.Y.2d 531 (N.Y. 1980). Because courts applying these principles have dealt exclusively with traditional media entities such as newspapers and book publishers -- both as publishers and republishers -- it is not clear whether this privilege would apply to online speakers such as bloggers and citizen media websites.
Neutral Reportage Privilege
The status of the neutral reportage privilege in New York is not settled. The New York Court of Appeals has neither recognized nor rejected the privilege, and the lower courts disagree on whether it is part of New York law.
Statute of Limitations for DefamationThe statute of limitations for defamation in New York in one (1) year. See N.Y. C.P.L.R. 215(3).
New York has adopted the single publication rule. See Gregoire v. G.P. Putnam's Sons, 298 N.Y. 119 (1948). For a definition of the "single publication rule," see the Statute of Limitations for Defamationsection.
The single publication rule applies to the Internet in New York, with the statute of limitations running from the time the defamatory content first appears online. "Republication" of the allegedly defamatory content will restart the statute of limitations. A "republication" occurs upon "a separate aggregate publication from the original, on a different occasion, which is not merely 'a delayed circulation of the original edition.'" Firth v. State, 775 N.E.2d 463, 466 (N.Y. 2002). The New York Court of appeals has indicated that altering the allegedly defamatory content may trigger republication, and a lower court has held that moving web content to a different web address triggered republication. See Firth v. State, 306 A.D.2d 666 (N.Y. App. Div. 2003).

1 Comment

November 28th, 2014

28/11/2014

0 Comments

 
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Dear AOL BUILD, 


That’s too bad! (about Hillary Swank not able to attend a scheduled December 2 meeting at AOL BUILD)  Sorry to hear Hillary won't be able to join.  I know her pretty well from the neighborhood and she's really an amazing individual.

I have a question, are you guys doing anything to cover the 2nd anniversary of Sandy Hook? There’s a lot that is being done to ensure that things like this don’t continue.  

A stronger look at mental illness in the grade schools are being looked at, and issues like anti-Bullying campaigns are proven to deter those suffering mental challenges.  Assemblyman Danny O’Donnell has led conversations that suggest schools be better equipped, teachers be taught to look for signs, and the challenge of diminishing the stigma behind mental defect.  1 out of 5 students suffer as a result of mental illness and promoting kindness, and deterring bullying is, I believe the best place to start.  

I run a 501 c3 NY non-profit that was founded close to 20 years ago to combat abuse/violence and look to the future health of our children.  If course we were quick to respond within days of Sandy Hook.  Though my years of working on this very issue I was able to offer my experience to expedite our building a children’s center in Newtown.  Within an hour of our arrival in Newtown we had town approval to build and a short time later placed with one of the victims families to represent them as we begin.  We are trying to keep the most distance because this is a labor of love and we believe a family should receive the attention to honor the victims instead of a humble non-profit. 

Working in the entertainment business since the early ’90’s, we’ve also gained a significant amount of support from many of our brightest lights.  Last year I sat with jake Gyllenhaal and his parents to discuss my foundation over lunch in West Village’s San Ambreaus.  I came out my front door another time and was able to sit with Rene Zelwegger, we attended a dinner and show with the Estefan’s, and have even had dinner with Madonna.  The very next day after Sandy Hook, I met with Ricky Martin and he too expressed not only his willingness but his support in helping Sandy Hook heal.  Living in the West Village has afforded me aquaintences with many of our high profile neighbors from Sarah Jessica and Matthew Broderick, Liv Tyler, Julianne Moore, and Hugh Jackman.  Having done television and film in LA, I am able to personally call Denzel Washington, Halle Berry, Dan Akroyd and his wife Donna Dixon, and call big time agents at CAA like Jane Berliner for advice.  

In addition to working with many of these stars, I also am privileged enough to be able to go to East Hampton on the weekends.  It’s there that I met Bill Ackman of Pershing Square and Pershing Square Foundation where he and his wife had pledged a billion dollars to non-profit.  We’re fortunate enough to be able to say that Pershing Square Foundation acts as our mentor and gives us the utmost support.  

Last year Hallmark commemorated 26 one of a kind ornaments to honor each life taken at Sandy Hooke Elementary School.  We had also high hopes in having the ornaments hung at the White House.  Last year they were set to hang for a week until VP Biden’s office called to inform that they did not match Michelle Obama’s military theme.  This year, we are hoping that they are not only generous enough but thoughtful enough to hang them.  We do feel a bit like the ‘Misfit Toys’ but hey we are relentless.  ABC was also set this year to do something with eh daytime show The View but again, these are the holidays and child slaughter really is a hard issue to face.  

My buddy Greg Gorden created the ellen show and we are also in talk with them to attend her 12 days of Christmas.  HOWEVER, I was a guest last week with your MAKER segment featuring Brooke Shields, and honestly I couldn’t have been more impressed with you BUILD segment and in order to reach those most vulnerable, it’s not the home-makers watching daytime television, it’s the internet users- much like those using AOL.  We’ve also talked with Randi Zuckerberg and believe Facebook would be another great option, but once again AOL has my loyalty.  If you watch the segment with Brooke, you can find me at the end.  I did in fact have a question, but knowing her as I do I don’t need to put her on the spot.  hell, I see her al the time in the neighborhood and as you will learn we go back 28 years.  It was also important for me to tell the world how truly great her mother was and how she is very much different then the villain the media has labeled her to me. To me, Teri Shields was my angel and every ounce of humanity I learned was a result of Teri’s.  

This 1214, we are launching a nation wide campaign to #STOPBullyingAbuseSTOPSchoolViolenceShooting by asking every student by this time next year to sign a campaign to #STOPBullying.  We are asking for your help.  We are asking because I believe I am also able to help you.  Sandy Hook has gained world wide attention and after supporting Newtown for a #26DaysofKindness, (I know Anne Curry and do not particularly like her so I wanted to one up her #26Acts..  so to speak, of course..)  Among my time in Newtown, I had become a member of Newtown and became a part of the community- I felt it was important to be hands on as we build our proposed Children’s Center.  I also had the privilege of caring for the memorial and keeping all the flowers fresh, rid of burnt out candles, and re-arranged all the keepsakes- from stuffed animals to cherished possessions…  There was an out-poor from all corners of the world and knowing that believe that not only Newtown had suffered but also the world. It’s that very reason why we are launching a campaign to prevent future massacres and run it simultaneously throughout our BUILD.

We have everything we need accept for creating the buzz.  We again believe this to be a hard issue to take and consulting with our psychologists who advise us, we were told that the moment you involve someone into your fold, that issue or subject becomes a personal reality, as opposed to a reality that the mind can defer.  This unthinkable reality has to be addressed in order for us to begin the necessary steps needed to thwart school violence/abuse that we believe is the greatest aggressor to mass killings.  

Join us as we BUILD.  Join us as we better care for our kids.  

Best, 
John M. Rinaldi

btw.  I do know Hillary as I’ve stated.  Not only had I worked with her ex-husband Chad, I knew them both well from the neighborhood.  In addition one of my best child-hood buddies is a very close friend.  

I’ve already contacted her when she was out this way in the Hampton’s Film Festival, and will reach out again as I would very much like her to be a part of this movement.  There are a few things I personally share with Hillary and will simply apologize for her not being able to attend-  who knows maybe she’d change her mind if I send her a plane ticket.  We have Continental as a sponsor.
0 Comments

Doing God's Work

28/11/2014

0 Comments

 
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Win a trip to NYC to meet Cyndi Lauper for the ultimate holiday getaway weekend.View this email in your browserLast Chance to Meet Me in NYC for the Ultimate Holiday Getaway Weekend!If you haven't already, join me and lend your support to the True Colors Fund! You can enter to win: a trip to New York to see the 4th annual Cyndi Lauper & Friends: Home for the Holidays benefit concert AND a performance of the Tony® Award Winning Best Musical Kinky Boots! 

The contest closes tomorrow, November 29 at 1pm EST.


All you have to do is contribute a small donation to the True Colors Fund and you'll be entered to win. Entries start at just $5! If you donate more, it increases your chances of winning – and you'll also get some other great prizes ($50 gets you an exclusive campaign t-shirt!).
 

Well, what do you say?
LET'S GO!Let your friends know too!ShareTweetForwardCopyright © 2014 True Colors Fund, All rights reserved. 
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0 Comments

November 16th, 2014

16/11/2014

0 Comments

 
0 Comments

JIM/ NBC

16/11/2014

0 Comments

 
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Jim, 
I hope this finds you well.  Once again, I’m Lee’s little brother and I appreciate you taking the time.

The last we spoke you were headed out to cover the olympics.  I hope you had fun as I really enjoyed watching them. 

I’m contacting you again because we’re approaching the second anniversary of the Sandy Hooke Elementary shootings and I’m horrified to witness that nothing is being done to prevent future school shootings.  Meanwhile, Obama tried passing gun legislation and when he failed, his office created The Sandy Hook Promise.  The SandyHook Promise as you know is believed to be created by the families of the victims of Sandy Hook, but it is not.   It states parents together to stop gun violence but again the agenda is to pass the failed gun legislation through the terror of parents.

This is good and all but if we really want to protect our children and keep them safe we would first STOPBullying.  I believe bullying is the biggest instigator to school violence.  This Dec14/ 1214, we are launching a national campaign to have every student, by this time next year, sign a contract to stop bullying.  This I believe is the first step.  Once we address Bullying, school violence/shootings should decrease significantly.  Mental illness is then to be addressed more responsibly, and then we can redefine gun laws. 

 Since SandyHook there have been 87 school shootings and more to come unless we act quickly.   

I’m asking for you to help in any way you see fit.  We were scheduled to go on THE View to do a segment that discusses the campaign and break out the problem in stackable steps.  We also had invited folks like Denzel, Halle Berry, Sarah Jessica, etc. etc.  We have celebrity interest and support which is needed when we do launch.  This of course has nothing to do with me.  I’m empathic because I’ve lived through most of which I’m trying to prevent- successfully I might add where two of my siblings had not.  

I know you are no longer with the Today Show- which is awful for me.  But, I do know you are part of the NBC family elite.  If there’s anyway you could help us pay tribute to air this Dec 12, I’d greatly appreciate it,  But again- it’s not to my benefit….  If I was able to do what I’ve been relentlessly doing for the past 2 years, the two 14 year old girls murdered in WA last year would be alive today.  

Best to you, 
John





0 Comments

Sandy Hook Promise

16/11/2014

0 Comments

 

 

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A year ago, in the wake of unthinkable violence against our children at Sandy Hook Elementary, we came together as a nation. Let's find that unity again.

United by love we can overcome our differences and accomplish anything. Together, we can end gun violence against children.

Make the promise to come together and do everything in our power to prevent gun violence in our communities and our nation.

0 Comments

Jake Gyllenhaal

21/10/2014

0 Comments

 
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I kid you not.  
The restaurant you see is in my building.  I had gone into the restaurant for a cup of coffee.  I backed up, and guess who it was, Jake. 
"Jake, I'm so glad I ran into you, 'literally' I had wanted to talk to you."
"oh Yeah, what's that?"
"well, I run a foundation for children, and I had hoped to share with you my plans to fight abuse/violence and bullying that our kids are having to face."
"Wow, that's really great of you."
"Thanks, but I'd like to send you some information to your agent and publicist."
"Well, I'm just sitting down for lunch with my parents, why don't you join us."
"I'd love to."  

Imagine, lunch with the Gyllenhaals!
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  1. Sant Ambroeus West Village

  2. Address: 259 W 4th St, New York, NY 10014
    Phone:(212) 604-9254
    Prices:
    $$$$
    Hours:
     9:00 am – 11:00 pm

    Reservations: opentable.com
    Menu: urbanspoon.com
  3. Reviews
    3.937 Google reviews
  4. 3.9 out of 4 stars.  

Picture

Many of you want to know where I hang my hat.  This is where you will find me.

This is my neighborhood, and building in fact.  

On any given day, I'd walk out my door and boom...

FACE to FACE with the best of the best..
I've never imposed, and all have been wonderful.  

One New Years Day, I had just flown in from Barcelona, and Hilary was the first to wish me a Happy New Year, and my man Calvin was the second.

In the neighborhood, my protocol is to wait until they get to know you and are familiar.  Then along down the road, humanity can set in and these people become actual real people.  

WHY do I believe I can build a $35,000,000 dollar children's center?  Because, I believe in humanity.

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I believe in humanity.
0 Comments

AT&T...  we will see.  

21/10/2014

0 Comments

 
0 Comments

September 29th, 2015

29/9/2014

0 Comments

 
New York Defamation LawNote: This page covers information specific to New York. For general information concerning defamation, see the Defamation Law section of this guide.
Elements of DefamationUnder New York law, the elements of a defamation claim are:
  1. a false statement;
  2. published to a third party without privilege or authorization;
  3. with fault amounting to at least negligence;
  4. that caused special harm or defamation per se.
See Dillon v. City of New York, 261 A.D.2d 34, 38 (N.Y.A.D. 1 Dept. 1999). These elements of a defamation claim in New York are similar to the elements discussed in the general Defamation Lawsection, with the following exceptions:
Public and Private FiguresNew York courts rely heavily on the "vortex" notion of a limited-purpose public figure. See James v. Gannett Co., Inc., 40 N.Y.2d 415 (N.Y. 1976) ("The essential element underlying the category of public figures is that the publicized person has taken an affirmative step to attract public attention."). The definition of a limited-purpose public figure is covered in the general Actual Malice and Negligencesection of this guide under the limited-purpose public figures discussion (scroll down to the topic heading "limited-purpose public figures"). The guide states a person becomes a limited-purpose public figure only if he voluntarily "draw[s] attention to himself" or uses his position in the controversy "as a fulcrum to create public discussion." Wolston v. Reader's Digest Association, 443 U.S. 157, 168 (1979). He must, therefore, "thrust himself into the vortex of [the] public issue [and] engage the public's attention in an attempt to influence its outcome." See Gertz v. Robert Welch, Inc., 418 U.S. 323, 352 (1974). In New York, such figures have included candidates for public office, restaurants (for the purpose of food reviews), and religious groups.
Actual Malice and NegligenceWhen the plaintiff in a defamation lawsuit is a private figure and the allegedly defamatory statements relate to a matter of legitimate public concern, the plaintiff must prove that the defendant acted "in a grossly irresponsible manner without due consideration for the standards of information gathering and dissemination ordinarily followed by responsible parties." Chapadeau v. Utica Observer-Dispatch, 38 N.Y.S.2d 196, 199 (N.Y. 1975). This standard, which is a higher bar than negligence but lower thanactual malice, focuses on an objective evaluation of the defendant's actions rather than looking at the defendant's state of mind at the time of publication.
At least one court has found that the same standard of fault applies to citizen or non-media defendants where the allegedly defamatory statements relate to a matter of legitimate public concern. See Pollnow v. Poughkeepsie Newspapers, 107 A.D.2d 10 (N.Y.A.D. 2d Dep't 1985), aff'd 67 N.Y.2d 778 (N.Y. 1986) (no liability for letter to the editor unless writer was "grossly irresponsible").
In cases brought by private figure plaintiffs involving statements not related to a matter of legitimate public concern, New York courts apply a negligence standard.
To determine whether statements relate to a matter of legitimate public concern, New York courts view the allegedly defamatory statements in context of the writing as a whole. They ask whether the matter can be "fairly considered as relating to any matter of political, social, or other concern of the community" and distinguish this broad category of newsworthy matters from "mere gossip and prurient interest." Overall, the test is deferential to the reporter's judgment about whether a matter is of legitimate public concern. See Huggins v. Moore, 94 N.Y.2d 296, 302-03 (N.Y. 1999).
Privileges and DefensesNew York courts recognize a number of privileges and defenses in the context of defamation actions, including the fair report privilege, the opinion and fair comment privileges, substantial truth, and thewire service defense. New York has not explicitly recognized or rejected the neutral reportage privilege.
There also is an important provision under section 230 of the Communications Decency Act that may protect you if a third party – not you or your employee or someone acting under your direction – posts something on your blog or website that is defamatory. We cover this protection in more detail in the section on Publishing the Statements and Content of Others.
Most of the privileges and defenses to defamation can be defeated if the plaintiff proves that the defendant acted with actual malice. The fair report privilege is the exception to this rule; it cannot be defeated by a showing of actual malice.
Fair Report Privilege
New York has codified the fair report privilege into law. N.Y. Civ. Rights § 74. Under the statute, speakers cannot be held liable for giving a "fair and true report of any judicial proceeding, legislative proceeding or other official proceeding." A report is "fair and true" if it is substantially accurate.
Wire Service Defense
New York recognizes a privilege that is similar to the wire service defense but explicitly extends protection to content originating from other sources in addition to wire services. Jewell v. NYP Holdings, Inc., 23 F.Supp.2d 348 (S.D.N.Y. 1998). Under the privilege, courts will not hold republishers liable for reproducing defamatory content unless the republisher had or should have had "substantial reasons" to question the content's accuracy or the original speaker's good faith and reporting practices. See Karaduman v. Newsday, Inc., 51 N.Y.2d 531 (N.Y. 1980). Because courts applying these principles have dealt exclusively with traditional media entities such as newspapers and book publishers -- both as publishers and republishers -- it is not clear whether this privilege would apply to online speakers such as bloggers and citizen media websites.
Neutral Reportage Privilege
The status of the neutral reportage privilege in New York is not settled. The New York Court of Appeals has neither recognized nor rejected the privilege, and the lower courts disagree on whether it is part of New York law.
Statute of Limitations for DefamationThe statute of limitations for defamation in New York in one (1) year. See N.Y. C.P.L.R. 215(3).
New York has adopted the single publication rule. See Gregoire v. G.P. Putnam's Sons, 298 N.Y. 119 (1948). For a definition of the "single publication rule," see the Statute of Limitations for Defamationsection.
The single publication rule applies to the Internet in New York, with the statute of limitations running from the time the defamatory content first appears online. "Republication" of the allegedly defamatory content will restart the statute of limitations. A "republication" occurs upon "a separate aggregate publication from the original, on a different occasion, which is not merely 'a delayed circulation of the original edition.'" Firth v. State, 775 N.E.2d 463, 466 (N.Y. 2002). The New York Court of appeals has indicated that altering the allegedly defamatory content may trigger republication, and a lower court has held that moving web content to a different web address triggered republication. See Firth v. State, 306 A.D.2d 666 (N.Y. App. Div. 2003).
0 Comments

Bill Ackman, ‘the healing begins.’

18/2/2013

0 Comments

 
Hello Bill,


Thank you again for your generosity.  Paul has been really kind and generous with his time, as well.  I thank you both.  


I have asked Paul for a sit down seeing I have the majority of the questions at hand, and I could really use some further direction.  Once again, there is nothing I am to gain aside from doing what's right.  I was speaking to one of the Newtown mom's and Rebecca, who lost her son Chase, broke down while talking to me on the phone.  She said, she's just a stay at home mom, who hadn't gone to college, and what could she possibly do??  I told her whatever you can and that I'd pick up the slack, or figure it out as we went along- seeing I am very much like these people.  

Evil and violence had haunted me as a kid and as a result, it taught me empathy.  But, I do understand my limitations.  Honestly, last year I was set to go to Loyola to get a masters in Non Profit Law, but my dad fell ill and I chose to take care of my dad/family instead.  I'd hoped to have learned all that I needed, but I had not.  Also, it's left me quite shaken still.  So, I'd rather maintain you as a mentor/advisor throughout.  I only hope it's not too much of a burden to you at Pershing Square.  


My efforts or rather 'my hand at' philanthropy comes from personal experience.  Simply put, it's my need/wanting to spare others from experiencing situations as I have.  The cause alone is bad, but what we do in the aftermath is what I'm most afraid.  Through acts of violence/trauma people change and lives are destroyed.  We cannot stop 'bad' things from happening, but we can limit its effects.  I've lived, and survived this- most fail.  As a result of personal experience we've burried a big sister and and a baby brother.   

In a sense, I'm all heart and (on the business side) learning as I go.  I'd very much like my life to have meant something and I honestly believe that my entire life until now has led me to these moments- from a random invitation to a birthday party thrown by one of the most important men in NY to having been able to expedite what I've learned in my own philanthropy to assist in the recovery for what may just be the most horrific act inn history.  Yes, there was 911, and yes I lost a spouse on the flight that took down the second tower, but Sandy Hook- this attack against our children is our worst moment thus far.
  
As you know, December 21, I headed to Newtown, CT. with the intention of building a children's center.  

I presented the idea to Chris Kelsey- a Newton official and was asked what "I wanted to do?"  I said I was there to assist Newtown and what would Newtown like to do?  I also stated that I would like one of the family's to step forward to make 'those' decisions.... the Kowalski's came forward.  and now we begin..





****************
Parents of Slain Sandy Hook Child Start Fund in His Honor | NBC ...


www.nbcnewyork.com › news › local
I'd like to believe we both had a hand in this.  Well, we had.  I went down with this very agenda and you gave me the courage to stay the 3+ weeks.  So, my friend- we did good so far.  But it's now just the beginning- Imagine what you all did with the NY Highline.   We can start with Newtown/ Sandy Hook, and I can then go on to build centers- safe places for kids- the possibilities are endless.  I've built a whole platform on educating our kids for life in today's world.  What better way to ensure knowledge than providing it in their homes, their schools, and now rec centers??  Today's modern day Y.   


I cannot ask anything of anyone without first offering my support.  With your Pershing Square Foundation, if I can assist in any way for whatever form, please do not hesitate.  I know you're a great man and all, and that you sit on many boards- honestly I know you from the night at your house and the extraordinary pledge of you and your wife's to help.  That said, we are both of the same heart and I could really use a compadre in all this- I need your help a little bit more.    And I know this is why you hired Paul.  Honestly I appreciate time constraints and can only imagine what your days/weeks look.  I do hope you have room for another friend/buddy who shares the same passion.  I'll also admit, that I am JUST looking for time and advice, not one dime.  I'm the guy who'd live on the street rather than to ask a handout- and I had.  'luckily I had a really good car...  


Honestly, Bill.  You cannot find a better, selfless man. I'm only asking for time, because it has nothing to do for me.  


I have an e-mail out to Paul and am hoping to sit down with him as well.  


Best to you,
John


0 Comments

Pershing Square Foundation + Sandy Hook.

8/1/2013

0 Comments

 
Yes, thank you very much. 


Sent from my iPhone


On Jan 8, 2013, at 1:34 PM, Naomie Macena <nmacena@persq.org> wrote:


[if gte mso 9]><xml> <o:shapedefaults v:ext="edit" spidmax="1026" /> </xml><![endif][if gte mso 9]><xml> <o:shapelayout v:ext="edit"> <o:idmap v:ext="edit" data="1" /> </o:shapelayout></xml><![endif]
Great, let’s to 11am on Thursday 1/10.  Paul can be reached at 212-813-3700. Shall we confirm?
 
Thanks,
Naomi
Great, let’s to 11am on Thursday 1/10.  Paul can be reached at 212-813-3700. Shall we confirm?
 
Thanks,
Naomie
 
From: JohnMRinaldi [mailto:johnmrinaldi@gmail.com]
Sent: Tuesday, January 08, 2013 1:33 PM
To: Naomie Macena
Subject: Re: The Lost Kids of Newtown, CT

 
Hello, 
 
I'm available any time that's good for Paul.  
 
Thanks,
John
Hello, 


I'm available any time that's good for Paul.  


Thanks,
John


Sent from my iPhone


On Jan 8, 2013, at 11:49 AM, Naomie Macena <nmacena@persq.org> wrote:


[if gte mso 9]><xml> <o:shapedefaults v:ext="edit" spidmax="1026" /> </xml><![endif][if gte mso 9]><xml> <o:shapelayout v:ext="edit"> <o:idmap v:ext="edit" data="1" /> </o:shapelayout></xml><![endif]
Hello John,
 
Paul is available on Thursday and Friday for a call.  Is there any time in particular that is more convenient for you?
 
Thanks,
Naomie
0 Comments

Paul Bernstein Friday.

8/1/2013

0 Comments

 
January 8, 2013 @11:49

​Hello John,

 
Paul is available on Thursday and Friday for a call.  Is there any time in particular that is more convenient for you?
 
Thanks,
Naomie
 
From: John M. Rinaldi [mailto:johnmrinaldi@gmail.com]
Sent: Monday, January 07, 2013 8:46 PM
To: Naomie Macena
Subject: Re: The Lost Kids of Newtown, CT

 
Hello, 
 
For some reason this didn't come through until now.  
 
I am still in Sandy Hook until Wednesday.  Anytime Paul can reschedule would be fine- I'd more than accommodate.
 
Thanks,
John
 
Just a little update.  There is a children's center in addition to a memorial being planned and I have been invited to assist one of the families in the building of a center and I am both touched an honored.  
 
 
On Jan 2, 2013, at 11:40 AM, Naomie Macena wrote:




Hello John,
 
I’m happy to schedule a call with you and Paul.  Are you available on Friday 1/4?  If so, please let me know what times you are available.

Thank you!
 
Naomie Macena
The Pershing Square Foundation
888 Seventh Avenue, 42nd Floor
New York, NY 10019
 
P: 212-813-3700
F: 212-419-2347
E: nmacena@persq.org
W: www.pershingsquarefoundation.org
 
 
0 Comments

DAY23 of the 26DAYS of KINDNESS..

7/1/2013

0 Comments

 
Hello, 


For some reason this didn't come through until now.  


I am still in Sandy Hook until Wednesday.  Anytime Paul can reschedule would be fine- I'd more than accommodate.


Thanks,
John


Just a little update.  There is a children's center in addition to a memorial being planned and I have been invited to assist one of the families in the building of a center and I am both touched an honored.  




On Jan 2, 2013, at 11:40 AM, Naomie Macena wrote:
Hello John,
 
I’m happy to schedule a call with you and Paul.  Are you available on Friday 1/4?  If so, please let me know what times you are available.


Thank you!
 
Naomie Macena
The Pershing Square Foundation
888 Seventh Avenue, 42nd Floor
New York, NY 10019
 
P: 212-813-3700
F: 212-419-2347
E: nmacena@persq.org
W: www.pershingsquarefoundation.org
 
 ​
0 Comments

Bill Ackman from Sandy Hook. 

30/12/2012

1 Comment

 
Hello Bill, 

I appreciate the work YOU do.  
​
Thank you!  I'm still here in Sandy Hook feeling hopeless- as the make-shift memorials were just taken down.  So the healing begins...


Although, I came out Friday 12/21 to attend the Friday night - vigil, I decided to stick around and help out as needed.  I first met with a fireman who just broke down before me.  It was just after the funeral of one of the boys who dreamt of being a fireman.   'Tom' stayed strong throughout the funeral and just fell-apart.  The town is in all sense of the word, broken.   So, if Ann Curry could suggest 26Acts of kindness, I could do 26 days.  Upon my time here, I met up with several top Newtown officials- Pat Llodra via Bob Merola and Chris Kelsey.  Chris and I spoke of my interest in facilitating the building of a children's center.   We came up with a plan to rehab the grounds of the vigil, and yes, I'm taking a lead as the town is so overwhelmed.  Still, I am an outsider, but am here to be of service.


I know all to well trauma, and PTSD.  I had a significant other on the flight out of Boston- UA Flight 175, that took down the 2nd tower on 911.   It took me a long time to heal, and can now hold out a hand to anyone here who needs it- the town memorial for one.   Every night between 2am and 6am the memorial is taken apart.  The flowers, stuffed animals, keep-sakes and such...  all the broken glass gets cleaned up, the withered flowers removed, and the burnt out candles removed.  It's a surreal effort and its indeed a privilege...  The mindset is a somber one...  There's been so much damage done and the hundreds/thousands of visitors each day need to have things look as calming as possible.  

And I you, Bill.  I very much appreciate all the work your foundation does, and foresee all the lives you will change as a result.  Bless, you and your wife. Karen- you both inspire me.  The humanity you show at the Pershing Square Foundation is what I dream.  I am forever grateful for you even taking the time. This simple act of kindness has had a ripple effect and its touched thousands...   


Forgive my delay in responding, but Ive been assisting for 18+ hour shifts...  I had already responded to Paul and will look forward to our meeting after the holiday.


I cannot pledge what you have to charity, but to coincide with Ann Curry's 26Acts, I've proposed 26Days, and to start pledged my car, and my Rolex.  What better way than to do what you hope from others, right?  Put a little skin in the game....  


All the best and thank you,
John


For the record, I'm camped out here in Sandy Hook- day 9...  I'm forgoing my holidays- away from my 31/2 y/o and my second -6months..(we're expecting Rowan- a girl in July) To foolishly one-up Ann Curry and do 26 days of good acts!  And prove my commitment and integrity.  


Sent from my iPhone


On Dec 20, 2012, at 7:16 PM, "William A. Ackman" <ackman@persq.com> wrote:


[if gte mso 9]><xml> <o:shapedefaults v:ext="edit" spidmax="1026" /> </xml><![endif][if gte mso 9]><xml> <o:shapelayout v:ext="edit"> <o:idmap v:ext="edit" data="1" /> </o:shapelayout></xml><![endif]
John,
 
I have copied Paul Bernstein who runs the Pershing Square Foundation.  I encourage you to follow up with him. 
 
I appreciate the work you are doing.
 
Bill
 
_____________________________________
William A. Ackman
Pershing Square Capital Management, L.P.
888 Seventh Avenue, 42nd Floor
New York, NY 10019
(212) 813-3700
 
 
Please note that this email is subject to the document retention and compliance policies of Pershing Square Capital Management, L.P., an SEC registered Investment Advisor. This email is available to, among others, my trusted assistant Joelle Dellis who can be reached directly at 212-813-3700 and at dellis@persq.com
 
From: Joelle Dellis
Sent: Thursday, December 20, 2012 3:29 PM
To: William A. Ackman
Subject: FW: The Lost Kids of Newtown, CT

 
 
 
From: JohnMRinaldi [mailto:johnmrinaldi@gmail.com]
Sent: Thursday, December 20, 2012 3:29 PM
To: Joelle Dellis
Subject: Fwd: The Lost Kids of Newtown, CT

 
Hello Bill, 
 
First of all, while attending the birthday party at your house over the summer, I had no idea who the man serving me the well grilled steak was.
 
Upon learning, I foolishly kept the thank you note to myself, as I was told it wasn't acceptable.  In case you don't remember me, I'm the guy who came with Michael Braverman invited by Josephine to celebrate her husband's birthday.  I drove the black Audi.  And glibly joked with your wife of my needing my english to japanese translation ap on my phone just to use your toilet!  So, a belated thank you.
 
I'm "bothering" you not as someone with their hand out, as I've never asked anyone for a dime, but as another guy who has small children that look to them for proper care!  Incidentally, I'm forgoing my Christmas to head up to Newtown to bring some toys, lend a hand or anything else I can think of-  even if its just to lay a wreathe in remembrance. 
 
Bill, you asked me what I do, and I embarrassingly declared I was a banker by trade who now runs a non profit.  Look who I was saying that too!  I humbly try to help kids, and have dedicated my entire being to doing just that.  
 
As I said, I'm going to Newtown tomorrow, is there anything I can do for you while I'm there?  
 
Through my foundation, I hope to build a center much like the Children's center in Ireland after their children's shooting and hold an event. While I'm in Newtown, I'm hoping to also figure out a way that I can ensure these kids will not have died in vein.  I also ask for any assistance because I do realize how foolish I may appear- I'm just one guy.  But this guy has the heart of 50,000.
 
I'll close with saying that it was a great, great honor to have spent the evening with you, and your family at your home.  My entire being I believe had prepped me just to have made your acquaintance.  If we were to have never met again, or I had the honor to someday work beside/with you in non profit...  the gratitude would forever remain the same.  That evening, someone like you serving me my dinner  has forever reminded me that I matter and one person can make the world better.  
 
Michael will kill me for reaching out, but as our nation mourns over the children senselessly lost, and having children of our own of similar age, how can we not try to help??  It remains about those lost and not about us.
 
I've spent the morning with Do Something, and forwarded the letter I had sent. It clearly states my intention and what I'm taking on.
 
Best,
John M. Rinaldi




Sent from my iPhone


Begin forwarded message:
From: "John M. Rinaldi" <johnmrinaldi@gmail.com>
Date: December 20, 2012, 12:22:48 PM EST
To: Katie@DoSomething.org
Cc: JohnMRinaldi@gmail
Subject: The Lost Kids of Newtown, CT
<20 December.docx>




1 Comment

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