Thursday, September 2, 2010

State’s Highest Court Rejects Mother’s Motion for Leave to Appeal in Educational Neglect Case

NYC: New York Supreme Court, Appellate DivisionImage by wallyg via FlickrState’s Highest Court Rejects Mother’s Motion for Leave to Appeal in Educational Neglect Case
New York State’s highest court, the New York State Court of Appeals, rejected a City of North Tonawanda mother’s Motion for Permission for Leave to Appeal to the Court of Appeals.
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.

PRLog (Press Release) – Sep 02, 2010 – Rhonda Mangus, who removed her then 14 year old son Michael from North Tonawanda Senior High School in 2005 for the reason of escalating violence, culminating in a hand-written expletive-laden death threat directed at Michael’s sexual orientation and gender identity expression, appealed to the Court in May of this year for permission for leave to appeal after the Appellate Court, Fourth Department denied Mangus’ request for Motion for Reargument or for Leave to Appeal in April of this year. Zainab Chaudhry, Assistant Solicitor General, of Counsel, for Andrew M. Cuomo, current Attorney General of the State of New York, then claimed that the case did not present issues that are novel or of public importance, and further opposed the motions on the grounds that Mangus allegedly failed to establish that the Court overlooked or misapprehended the relevant facts or misapplied any controlling principle of law. In this latest appeal Chaudhry also claims that “Motions seeking such error correction rarely warrant leave by this Court.”
Mangus maintains that a fair contextual reading of the case and supporting evidence compels a contrary conclusion. The apparent rationale of the Courts appears to be that Respondents New York State Office of Children and Family Services and Niagara County Department of Social Services need not comply with laws governing matters of child neglect, she said.
Michael, who Mangus alleges was denied his most basic right to equal access to education and equal protection of the laws, obtained his General Education Diploma in August 2009, the year of his graduating class, far-exceeding the 410 minimum score for each subject and 2250 minimum total score required to obtain the diploma. A female illusionist, also known as “America’s Sweetheart” Ms. Anita Waistline, he is currently performing at Buffalo’s newest night club and entertainment complex, Illusions.
Mangus, who proceeded pro se on these matters, was advised by high-profile Chicago attorney Jay Paul Deratany and his associate Nathan Polum.  Deratany is a personal injury lawyer who has won some of the highest settlements for his clients in Cook County history.  He is also playwright of "Haram Iran",  a globally renowned human rights play,  depicting the struggles of gays in modern day Tehran.
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