Opinion
L & T 51481/15
06-04-2015
Evadine Bailey, Petitioner, v. Anthony Dixon and TRACY LLOYD, Respondent.
Office of Legal Affairs NYC Human Resources Administration 150 Greenwich Street, 38th Floor New York, NY 10007 Attn: Patrick Cato, Esq. Ms. Evadine Bailey, pro se 731 Sheffield Brooklyn, NY 11207 Shani Friedman, GAL on behalf of Mr. Anthony Dixon 275 Livonia Ave, 1E Brooklyn, NY 11212 Ms. Tracy Lloyd, pro se 275 Livonia Ave, 1E Brooklyn, NY 11212
Office of Legal Affairs
NYC Human Resources Administration
150 Greenwich Street, 38th Floor
New York, NY 10007
Attn: Patrick Cato, Esq.
Ms. Evadine Bailey, pro se
731 Sheffield
Brooklyn, NY 11207
Shani Friedman, GAL
on behalf of Mr. Anthony Dixon
275 Livonia Ave, 1E
Brooklyn, NY 11212
Ms. Tracy Lloyd, pro se
275 Livonia Ave, 1E
Brooklyn, NY 11212
Susan F. Avery, J.
BRIEF HISTORY OF THE CASE
In this no lease holdover, petitioner, Ms. Evadine Bailey, seeks possession of the room she rents to respondents Mr. Anthony Dixon and Ms. Tracy Lloyd. On February 4, 2015, Ms. Bailey and Ms. Lloyd appeared in court for a scheduled court appearance. On that date, Ms. Bailey and Ms. Lloyd appeared in this proceeding without the assistance of counsel (" pro se"), and entered into a stipulation of settlement. The stipulation provided for a possessory judgment and a monetary judgment for a sum certain, against Ms. Lloyd, who agreed to vacate the premises by March 31, 2015.
After the warrant issued and March 31, 2015 passed without Ms. Lloyd vacating the premises, Ms. Lloyd filed an Order to Show Cause seeking to stay execution of the warrant of eviction, stating "I need additional time to seek services for Mr. Dixon through Adult Protective Services ..." The petitioner, a senior citizen, orally opposed the motion.
Affidavit of Tracy Lloyd, sworn to on April 20, 2015 at ¶3.
Subsequently, this proceeding appeared on the court calendar on May 21, 2015, as the New York City Human Resources Administration, Department of Social Services ("HRA") moved for the appointment of a Guardian Ad Litem, to protect the rights and interests of the respondent, Mr. Dixon.
The Adult Protective Services ("APS") division of HRA is responsible to "assist adults who are at risk of harm .... get help ... [and] ... arrange for services and support to promptly remove risks and help [at risk adults]." http://www.nyc.gov/html/hra/html/services/adult.shtml
MOTION FOR THE APPOINTMENT OF A GUARDIAN AD
LITEM
In the instant application before the court, HRA moves for a Guardian Ad Litem to be appointed for respondent, Mr. Dixon. Petitioner does not oppose the application. Accordingly, the application by HRA was granted, and by a decision/order dated May 27, 2015, this court appointed Ms. Shani R. Friedman as the Guardian Ad Litem for Mr. Dixon, to protect his rights and interests in the instant holdover proceeding.
RESPONDENT'S DISRUPTIVE BEHAVIOR IN THE COURTROOM
It is the responsibility of this court to note on this record, that the co-respondent, Ms. Tracy Lloyd made several outbursts in the courtroom, on the record, while court was in session and was therefore removed from the courtroom. Additionally, the record reflects that, as Ms. Lloyd exited the courtroom, she continued to shout and disrupt court proceedings.
"[t]enant ....openly displayed ... anger....[and a] combative demeanor and [combative] conduct.... She was loud, disrespectful and borderline abusive towards her counsel, her home-care aide ... and ... court personnel! She belittled and ... openly argued with her ... counsel... With those displays of obstreperousness before a court of law, this Court can only imagine her behavior ...[outside of court proceedings]... towards [the] Landlord's personnel ..." 3660 Oxford Ave. Assoc., LLC v Ambrosini, 43 Misc 3d 1236(A) (Civ Ct Bronx County [2014]).
ALLEGATIONS OF ELDER ABUSE
Following Ms. Lloyd's outbursts and removal from the courtroom, petitioner stated that she has witnessed Ms. Lloyd and/or Ms. Lloyd's guests, throw items such as shoes at Mr. Dixon, a 67 year old senior citizen. Ms. Bailey also stated that she has witnessed Ms. Lloyd and/or Ms. Lloyd's guests physically remove Mr. Dixon from the premises and force him to sleep outside at night in the cold weather, and that Ms. Lloyd confiscates Mr. Dixon's monthly financial benefits assistance and only gives him money to purchase cigarettes. Alarmed by the allegations, the court asked Mr. Dixon if the allegations made by Ms. Bailey were true. Mr. Dixon informed the court that they were.
Although every allegation of elder abuse may not result in a finding that a senior is in fact a victim of abuse, every allegation of elder abuse must be investigated. Indeed, when it was suspected that, Harper Lee, the author of To Kill a Mockingbird, was the victim of elder abuse, the authorities investigated and found no signs of abuse and concluded that, "[t]he fact that [she] is hard of hearing and suffers from some macular degeneration (entirely common for someone in their late 80s) [that] has no bearing whatsoever on her quick wit or of speaking her mind on all manner of things" http://www.nydailynews.com/entertainment/harper-lee-agent-dismisses-elder-abuse-allegations-article-1.2148418
Concerned, with the serious charge that Mr. Dixon is being abused in his home, as so many elders are, this court asked the attorney for HRA, as the representative of the administration that is responsible to protect our seniors, if more could be done by the department, beyond requesting that this court appoint a Guardian Ad Litem, to protect Mr. Dixon, a vulnerable senior, in this holdover proceeding.
"Elder abuse ..... is an often well hidden problem, in part because the perpetrator of such conduct is in many cases a member of the victim's family" (Campbell v Thomas, 73 AD3d 103 (2nd Dept [2010])" Matter of Mabel R. v Rayshawn D., 33 Misc 3d 1023 (Fam Ct Queens County [2011]). Indeed, "[e]lder abuse tends to take place where the senior lives: most often in the [elder's] home..." http://www.helpguide.org/articles/abuse/elder-abuse-and-neglect.htm
"If our community is serious about protecting its most vulnerable adults, new initiatives and coordinated [efforts] must .... be developed and implemented" Matter of Doar, 39 Misc 3d 1242(A) (Sup Ct Kings County [2013]).
HRA'S IMMEDIATE RESPONSE
Counsel for HRA, Patrick C. Cento, Esq., seemed to share the court's concern, and called his supervisor, who within an hour, dispatched a team of three (3) employees from HRA to conduct an emergency evaluation of Mr. Dixon. The representatives from HRA met with Mr. Dixon in private, and following their evaluation, proposed several options to protect Mr. Dixon, and keep him safe.
Mr. Cento was formally appearing before the court in support of HRA's application seeking the appointment of a Guardian Ad Litem for Mr. Dixon.
The three (3) individuals were: Mr. Vladislav Lisetsky, a Case Worker, Ms. Venitia Felder, a Level II Supervisor and Ms. Miguela Flores, a Registered Nurse Practitioner.
POST EMERGENCY EVALUATION COURT
PROCEEDINGS
Upon the completion of the HRA team's emergency evaluation, Ms. Lloyd was permitted back into the court room and the proceedings continued on the record. This court inquired as to the course, if any, Team HRA, deemed appropriate to immediately protect Mr. Dixon. Team HRA provided several options, including immediately notifying the New York Police Department ("NYPD") Captain-in-Charge of the Domestic Violence Unit of the local Police Precinct; and to partner with "JASA" to secure an order of protection in favor of Mr. Dixon against Ms. Lloyd, arrange for "unannounced visits" to the subject premises, and commence an Article 81 proceeding.
The court did not inquire as to the reasons for Team HRA's determination, as Mr. Dixon has the right to confidentiality and privacy. As "APS [of HRA] is the principal ... agency responsible ... for investigating ... elder ... abuse and for providing victims with treatment and protective services.... the ... Agency ... is designated ... to receive and investigate allegations of elder abuse .... If the investigators find abuse ... they [are obligated to] arrange for services to ... protect the victim" http://www.aoa.acl.gov/AoA_Programs/Elder_Rights/EA_Prevention/WhatToDo.aspx
"JASA" is an acronym for the "Jewish Association for Services for the Aged" In re Drayton, 127 AD3d 526 (1st Dept [2015]).
An "Article 81 proceeding" refers to Article 81 of the Mental Hygiene Law, which authorizes the commencement of a court proceeding, seeking the appointment of a guardian of the person and property of an alleged incapacitated person.
The court permitted Ms. Lloyd to make a statement on the record, which was followed by Mr. Dixon's statement that Ms. Lloyd is not abusing him and he does not want to move forward with any charges against her.
THE "IF YOU SEE SOMETHING , SAY SOMETHING"&TLRtrade;
CAMPAIGN APPLIES TO MORE THAN SUSPICIOUS PACKAGES
The "If You See Something, Say Something"&TLRtrade; public service announcement campaign, is a campaign designed to "engage[] the public in protecting our homeland through awareness—building, partnerships, and other outreach" https://www.dhs.gov/see-something-say-something. "Shortly after September 11, 2001... the campaign [was created] ... to make [individuals] more aware of potential terrorists threats" http://reason.com/blog/2012/03/19/ten-years-of-if-you-see-something-say-so "The [Metropolitan T]ransportation [A]uthority received a trademark on the slogan from the United States Patent and Trademark Office... [and it] ...has since become a global phenomenon" http://www.nytimes.com/2010/05/11/nyregion/11slogan.html
It is of no moment to this court that following the emergency examination by Team HRA, Mr. Dixon stated that he did not want to formally complain of being a victim of elder abuse at the hands of Ms. Lloyd. Indeed, even if Mr. Dixon unequivocally denied each specific allegation that gave this court and the attorney from HRA reason to pause, this court, HRA, and the public, have an obligation to identify possible signs of abuse, including elder abuse and recognize that where an individual, demonstrates violent behavior in public, it may be an illustration of the individual's temperament towards others in private this is even more so when the disruptive behavior is coupled with an eyewitness account of actual harm.
"Because many victims of elder abuse are living with their abusers, they are afraid [and] also protective of their abusers... [and] do not want to involve the police or the criminal justice system" https://www.victimsofcrime.org/docs/Toolkit%20Bulletins/natl-center-for-victims-of-crime-conf-ea-handouts.pdf?sfvrsn=0
"It's important that you know how to recognize [signs of] elder abuse and how to get help if ... you suspect someone you know is being abused. It's also important to not be [] silent...'" http://www.nyc.gov/html/dfta/html/services/crime-victims.shtml
"Respondents' willingness to publicly [outburst] ... before this court ... may be illustrative of the way respondent... treat[s the vulnerable senior] ... in private, behind closed doors, in the subject premises, in his home" Huggins v Randolph, 45 Misc 3d 521 (Civ Ct Kings County [2014]); see also, footnote 3, supra.
It is the duty of the court, government agencies and individuals, to make proper inquiries when there is a possibility that the special needs of an older adult, are not properly being met, and to reach out to those authorized to provide that assistance to ensure that the vulnerable senior receives proper assistance and is safe.
It has long been said, that "it takes a village to raise a child." Indeed, recent literature supports that "[r]esearch shows [that] children need four to six involved, caring adults in their life to fully develop emotionally and socially.... [and y]oung people need someone with whom they can feel emotionally safe..." To this court, it is equally important that the elders of our community are surrounded by individuals "with whom they [are] safe." Because it is the village, that is responsible to care for it's community, it is up to each member of the village (community) to say something, if he or she sees something, that is wrong. This responsibility applies equally to our children, our elders and all members of our community that need help to protect themselves.
"Some credit the saying that "it takes a village to raise a child" as stemming from "[a]n ancient African proverb [which] teaches [the] eternal truth [that] [n]o man, woman, or family is an island" http://www.justpeace.org/village.htm. However, some believe that "[t]he origin of the saying "it takes a village to raise a child" is a mystery, http://www.jpost.com/Not-Just-News/It-takes-a-village-377901
Susan V. Bosak, Effective Mentoring, http://www.legacyproject.org/guides/mentors.html
--------
INTERIM DECISION
Based upon the foregoing, this court issued an interim order, which vacated the stay of execution of the warrant of eviction against Ms. Lloyd. As Mr. Dixon did not appear in court until May 21, 2015 and was not a signatory to the February 4, 2015 stipulation, the issued warrant of eviction may not be executed against him.
CONCLUSION
This matter shall be restored to the court calendar on Part R room 403 on June 18, 2015 at 9:30 AM for all purposes.
The foregoing constitutes the decision and order of the court.Dated:Brooklyn, NY
June 4, 2015
______/s/______________
JHC