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Corporation Counsel
City of Mount Vernon
City Hall- Roosevelt Square
Mount Vernon, NY 10550

c, that SAMUEL L. RIVERS, PRO SE, the undersigned Claimant does hereby

make the claims against the Department of Public Works, City of Mount Vernon, its respective officers,

agents, servants, employees, departments, agencies, staff and/or personnel, seeking an injunction, a

declaratory judgment and substantial monetary damages in the amount of $1,000,000.00, and in support

thereof the Claimant states:

1.Y Vhe Claimant herein is Samuel L. Rivers. Vhe Claimant¶s address is 30 Rockledge Avenue,

Mount Vernon, NY 10550. At the time of the incident giving rise to the claim herein the

Claimant resided at 30 Rockledge Avenue, Mount Vernon, NY 10550

Ã.Y Vhe Claim is against the Defendant for the following relief: an order of injunction ordering

the Defendant to put into service 8 brand new sanitation trucks into service, an award of

substantial monetary damages for the reckless actions of the defendant.

3.Y Vhe claim arose on or about April 8th, Ã010, at approximately 7:30 A.M. at DPW Forward

Logistics and Operations Center aka ³Vhe DPW Yard´. Said facility is public property

owned and operated by the City of Mount Vernon.

4.Y Vhe economic loss and damaged for which the claim is hereby made occurred when the

defendant unlawfully prohibited the use of 8 brand new sanitation trucks. Vhe sanitation

trucks are used for the collection of garbage and yard waste in Vhe City of Mount Vernon.

5.Y Claimant is a Licensed Real Estate Broker licensed to do business in the State of New York.

6.Y Claimant¶s place of business is in Mount Vernon, NY.

7.Y Claimant has been unable to sell properties due to excessive garbage and debris piling up on

City of Mount Vernon streets.

8.Y Real Estate, including but not limited to selling properties in Vhe City of Mount Vernon is

Claimants primary source of income.

9.Y Claimant¶s clients have become dissatisfied with property that they previously expressed

interest in purchasing due to garbage and filth on Mount Vernon City streets.

10.Y Defendant¶s reckless and intentional misconduct have created a financial hardship for

Claimant.

11.Y Vhe Claimant contends that defendant action was unlawfully, ultra vires, reckless and in bad

faith.

1Ã.Y Upon information and belief, Vhe 8 brand new sanitation trucks have been added to the

Insurance policy for the City of Mount Vernon.

13.Y Upon information and belief, Vhe 8 brand new sanitation trucks have been registered with the

New York State Department of Motor Vehicles.

14.Y Upon information and belief, Vhe 8 brand new sanitation trucks have been affixed with the

City of Mount Vernon official seal.

15.Y Vhe 8 brand new sanitation trucks were purchased because the City of Mount Vernon

Department of Public Works agents and/or employees were using and/or operating sanitation

trucks that were obsolete and hazardous to the employees of Vhe Department of Public

Works and residents in Vhe City of Mount Vernon.

16.Y Vhe Department of Public Works employees are still using sanitation trucks that are

hazardous to the health of Department of Public Works employees and residents in the City

of Mount Vernon

17.Y Upon information and belief, Vhe Department of Public works sanitation workers were

professionally trained on the operation and use of the 8 brand new sanitation trucks on or

about April 7th, Ã010.

18.Y Upon information and belief, Department of Public Works Commissioner Verrence Horton is

waiting until the Memorial Day parade to unveil and put into operation the 8 brand new

sanitation trucks.

19.Y Upon information and belief, Department of Public Works Commissioner Verrence Horton is

waiting until he has his personal name affixed to the 8 brand new sanitation trucks before he

puts said trucks in operation.

Ã0.Y Upon information and belief, Department of Public Works Commissioner Verrence Horton is

waiting until he has Mayor Clinton I. Young Jr.¶s name affixed to the 8 brand new sanitation

trucks before he puts said trucks in operation.

Ã1.Y Upon information and belief, Department of Public Works Commissioner Verrence Horton

has stated publicly that he does now want to get dirty the 8 brand new sanitation trucks before

the Memorial Day parade.

ÃÃ.Y Upon information and belief, Department of Public Works Commissioner Verrence Horton

has stated publicly that he is worried about Department of Public Works employees

scratching the 8 brand new sanitation trucks.

Ã3.Y Upon information and belief, Department of Public Works Commissioner Verrence Horton is

waiting until Department of Public Works employees execute a waiver that Department of

Public Works employees will be responsible for any scratches or damage to the 8 brand new

sanitation trucks before said sanitation trucks are put into service.

Ã4.Y By reason of the defendants unlawful acts, misconducts, ultra vires, recklessness of the

defendant, its officers, agents, servants, employees, departments, agencies, staff and/or

personnel unnecessary overtime had been paid to Department of Public Works employees.

Ã5.Y Vhe City of Mount Vernon collects yard waste on Vuesdays during the months April through

December.

Ã6.Y Yard waste was not collected on Vuesday, April 6th, Ã010 by Department of Public Works

employees.

Ã7.Y Vhe yard waste was not collected by Department of Public Works employees because there

was a shortage of sanitation trucks.

Ã8.Y Yard waste will be collected by Department of Public Works employees on Saturday, April

11, Ã010.

Ã9.Y Vhe Department of Public Works employees that will work on Saturday, April 11th, Ã010 will

be paid overtime, specifically, time and a half.

30.Y Vhe Department of Public Works and Vhe City of Mount Vernon would not have to pay out

substantial overtime costs if the 8 brand new sanitation trucks are put into service.

31.Y Vhis claim has been brought within one year and 90 days after the claim made herein arose,

as required by law. Moreover, an application to file this Notice of Claim is made

simultaneously herewith pursuant to General Municipal Law §50-e (5).


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, that in the event the Defendant fails to pay the

within claim within the time limits provided pursuant to law, said Claimant shall commence

an action against the Defendant, its respective officers, agents, servants, employees,

departments, agencies, staff and/or personnel, upon said claim for the economic loss,

financial damages, mental anguish, sustained as a result of the aforesaid misconducts and

circumstances leading thereto.

 , claimant respectfully requests that the claim made herein be allowed and

paid by the City of Mount Vernon, New York.

Dated: April 10th, Ã010

_______________________________

Samuel L. Rivers, Pro Se

 ##  

I, Samuel L. Rivers, have read the within NOVICE OF CLAIM and know the contents thereof. Vhe

contents of the Notice of Claim are true to my knowledge, except as to those matters therein stated to be

alleged upon information and belief, and as to those matters I believe them to be true.

__________________________________

Samuel L. Rivers

Sworn to me on this day of April, Ã010

___________________________________

NOVARY PUBLIC

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