Supplemental Brief — Thomas J. Crean, et al., Petitioners v. 125 West 76th Street Realty Corp., et al.

MAt

No. 17-6583

IN THE

SUPREME COURT OF THE UNITED STATES

-4 IN RE: THOMAS J. CREAN and SUSAN CREAN,

[PRO SE SENIOR] PETITIONERS.

V.

-

125 WEST 76TH STREET REALTY CORP. [NY, NY]; and

BOARD PRESIDENT ALYSON REIM FRIEDMAN,

RESPONDENTS.

ON PETITION FOR A WRIT OF CERTIORARI TO

US SECOND CIRCUIT COURT OF APPEALS NEW YORK

SUPPLEMENTAL PETITION FOR A WRIT OF CERTIORARI

THOMAS J. CREAN and SUSAN CREAM,

[Pro Se Senior] Petitioners

101 Middlefield Avenue

Waterbury, CT 06705

203 528 3731

November 21, 2017

Supreme Court of the United States Case No: 17-6583 docketed 11/1/2017

Petitioners SUPPLEMENTAL Petition/Writ of Certiorari

Page

TABLE OF CONTENTS

Chapter

Parties to the Proceeding .........................................(lpp)

ii

Table of Additional Authorities Cited ............ ............ (2pp)

iii

3. New Statements of the Case .................................(8pp)

1 8

Jurisdiction......(IN RE) ................................................. (lpp)

9

Additional Cases .........................................................(2pp)

10-11

5.1 Additional Constitutional Statutory Provisions .........(lpg)

[: "Supplement" Appendix "S"B]

12

Additional Reasons for Granting Petition ...................(.lpg)

13

Conclusion ...................................................................(lpg)

14

Spain's 1865 Chalcographic Tribute to

President Abraham Lincoln and Lincoln's Quote..........(lpg)

15

-

-

-

Supplemental Appendix "S" A ca2NYs Denial Order of 6/21/2017 and

Mandate of 9/25/2017 sent to Petitioners from the US Court of Appeals for

the Second 'Circuit of New York (same 'as original Appendix A attached

-

...

-

-

-

*

Supplementa; Appendix "5" B Chapter 2.1 Added Constitutional

Provisional Statute to Original Chapter 7.1 Constitutional Provisional

Statutes docketed 11/1/2017.

-

Appendix "S" C Index of Appendices Original docketed 11/1/2017

[Reproduced here for Convenience.]

-

-

Supplemental Appendix "S" D News Nation & World Science Article

Pub. 11/13/2017 -"World Scientists Warning to Humanity A 2d Notice"

-

-

Certificate of Compliance and Proof of Service separately attached.

Chapter 1.

PARTIES TO THE PROCEEDINGS

Thomas J. Crean and Susan Crean, v. 125 West 76th Street Realty Corp;

[Pro Se Seniorl Petitioners.

I and, Board President Alyson Reim

Friedman, Respondents.

Pro Se Senior Petitioners:

Mr. & Mrs. Thomas J. Crean

101 Middlefield Avenue

Waterbury, CT 06705

(203) 528-3731

*

*

*

For the Respondents:

Barry G. Margolis, Attorney

Abrams, Garfinkel, Margolis,

Bergsonj LLP

1430 Broadway 17th Floor

New York, NY 10018

(212) 201-1170

-

*

*

*

*

[PMGI is Not a Party to the Lawsuit; but is mentioned here below:

Pam Elgar. Manager of Plymouth Management Group. Inc.,

(as Agent, and Signatory on proprietary leases/contracts for the

Employer/Respondents 125 Wesi,76a Street Realty Corp.)

Plymouth Management Group, Inc.

1776 Broadway Suite 1720

New York, NY 10019

(212) 447-7000 Ext. 13 [-Pam Elgar, Mgr.]

-

11

Chapter 2. ADDITIONAL TABLE OF AUTHORITIES CITIED

[Supplemental Petition/Writ of Certiorari 11/17/20171

1.

1

A. 8.697 [114th Congress] Frank R. Lautenberg Chemical Safety for the

211-t Century Act (Congress.gov 2016)

[https

.

Environmental Defense Fund (2016. June 7) EDF Hails Passage of

Bi-Partisan ChemicaiSafety Reform. Retrieved from

https://www.edf.org/rnediaIecIf-hails passage-bi-partisanchernjcal

safety-reform]

C. S.2072 [115th ConressJ Bill Introduced 11/2/2017 - To amend the

Toxic Substances Control Act to require the Administrator of the

Environmental Protection Agency to take action to eliminate human

exposure to asbestos, and for other purposes.

"TITLE WI—Asbestos"

"SEC. 701. Definition of Asbestos.

"In this title, the term 'asbestos' means all forms of asbestos."

"SEC. 702. Elimination of Asbestos exposure.

"(a) Importation, use, and exposure assessment.—Notwithstanding any other

provision of this Act, not later than 90 days after the date of enactment of the

Alan Reinstein Ban Asbestos Now Act of 2017, the Administrator shall carry

out and publish an identification and assessment of the current and

reasonably anticipated importation, distribution in commerce, and uses of,

and exposures to, asbestos.

2. Supremacy Clause 'Doctrine of Pre-emption'

ARTICLE VI of the US Constitution

-+ 2.1 Additional Constitutional Provisional Statute

28 U.S.C. 1251 and Article III of the U.S. Constitutional

[IMPORTANT NOTE: See Petition/Writ of Certiorari Supreme Court

Case No, 17-6583 docketed 11/1/2017 for 'Extensive lists" Chapter 4

Table of Authorities Cited (PP xiii-xiiii); and Chapters: 7 & 7.1 (PP 5-10)

Cases & Constitutional Statutory Provisions Involved..]

-

'U

Chapter 3

"NEW" STATEMENTS OF THE CASE

This "Supplement" reinforces and adds to Petitioner's [Hereinafter "P1

original Writ/Petition of Certiorari (Supreme Court of the U.S. Case

No.: 17-6583 docketed 11/1/2017). Pro Se Seniors (Physically disabled and

suffering from [medically confirmed] toxic pulmonary and systemic

"Asbestos" exposure) Ps Thomas J. Crean and Susan Crean are herewith

bringing forth new information (with additional relevant cases) to the Court's

attention.

-3 P believe this information will have direct bearing on our case for

this Supreme Court to grant our Writ of Certiorari and decide our case

based on its merits.

1. Pro Se Senior P (76 years old) Thomas.J.' Crean is a U.S. Army

Veteran having served in Post War Korea. He holds a U.S Coast Guard

issued Merchant Mariner's Document and worked aboard many U.S.

Vessels

...

including the [MSTS] Military Sea Transport Service, U.S.

Ships: S.S. Constitution, (U.S Flagship)-S.S. United States, and others.

[See: Appendix C Part 2 -PP 24cx 26cx. of Petitioners Original Writ/

Petition of Certiorari Case No 1 7-615A.1 dnikti1 11/1/9017 fni (rrswfci

-

-

-+ 2. Petitioners believe that U.S. Supreme Court Rule 40 (pertaining

to Veterans, Seamen, and Military Cases) applies here

...

in addition to

Petitioner's original filed papers of "In Forma Pauperis" to the Court.

1

3. P Thomas J. Crean was under SEW 32BJ's 2014 (and other

years) [CBAs] Collective Bargaining Agreements with the Respondents

[Hereinafter "R"1 and the [RABI Realty Advisory Board

...

whose

Stipulation in each of those CBAs [over-riding the entire agreement] is this:

ARTICLE XVI B. 6 (1): [CBA] Stipulation [Except for:] pertaining to

Resident Managers/Superintendents, having the Authority (Obligatory and

Moral Duty) to "Act in Emergencies to Protect the Health and Safety of the

Building!" [See.: Appendix E of P original Petition/Writ of Certiorari.]

-~

t There is 'NO' contractual 'ambiguity' here (as in. analyses of

"Chevron Deference" cases), to the intent or meanings of this Stipulation in

these SEIU [CBAs] Collective Bargaining Agreements, and their ARTICLE

XVI B. 6 (1) Stipulation is "specific" only to Resident

Managers/Superintendents. *Therefore SEIU/R/RAB "CBAs" Stipulation

directly gave authority to Full-time [24/7] (fully experienced and licensed)

Resident Superintendent P Thomas J. Crean to "Act in an Emergency to

Protect the Health and Safety of the Building!"

[P's. Superintendent. NEVER (at any time) stopped those demolition

workers, who had already commenced their. "uncontained" demolition

under the direction of R Board President Alyson Reim Friedman R gave

those workers the "Go-Ahead" to commence demolition without containment

and without notifying them that they were working in a contaminated

"HOT" Zone! R had "Demoted and Dismissed" P Superintendent 'AFTER'

those workers had started!]

Ps wife. Susan Crean called NYC's #311 and EPA Authorities to come

to Re building to stop R from releasing uncontained Asbestos and other

contaminates. On R wanton "Spill" 10/21/2014 EPA Asbestos Inspector

-

Nazim HOdzic came to R building (9 hrs later), tested & put up EPAs "RED

DANGER ASBESTOS" cordoning off tape (completely sealed off Rs Boiler

Room), stopped those workers, and sent them home after impounding their

contaminated open to the air "Pick-up" truck that was already full of

contaminate debris!]

P Thomas J. Crean was also covered under Title V.111 of 18 USC

§ 1514A of [SOX} Sarbanes-Oxley Act 2002 AMDD 3/5/2015 Retaliation

Complaints for "Protected Activity" of Private and Public employees.

Petition of Certiorari Case No.: 17-6583 docketed 11/1/2017.]

On 9/23/2014 Manager Pam Elgar of EPMGI] Plymouth

Management Group, Inc. (as Agents for Rs) forwarded an email to P

Superintendent Thomas J. Crean from R's Asbestos Testing Investigator

Mr. Qadri A. Lawal [mailto: ener-con@msn.com 9/23/2014,11:18 AM]

-

P found out much later (after reading thousands of our emails since

-

2001) that Mr. Lawal was long-time employed by RI. That 9/23/2014 email

stated that the Bulk samples he took within R Boiler Room's proposed work

site were analyzed and found to be "Positive" for Asbestos!

3

PJater found out that these- Asbestos "Bulk" samples had been

[ELAPI Environmental Laboratory Approved Procedure analyzed and

[DOH] Dept of Health registered using outdated and obsolete Asbestos

Testing procedures .. [NIOSHiNational Institute of Occupational Safety

. .

& Health #7400 E"PLM"l Polarized Light Microscopy, as confirmed obsolete

by those Federal Web Sites. Official (and correct as of 1989) Asbestos

Teiting Procedures [NiOSH]#7402 ["PLM!'IJ Polarized LightMicroscopy

was to be used in conjunction with ["TEM!i Transmission Electron

Microscopy per online scientific technical documents of [DOHI Dept of

Health,- Wadsworth, NYand ECD.C] Center for Disease, Control in$Atlanta,

GA '[these federal web site addresses were noted in P original Petition/Writ

of Certiorari filed 11/1/2017]..

After researching "Asbestos" and Other contaminates (from 9/23/2014)

Ps realized these were highly toxic... and that Asbestos was rampant (had

been leeching out In powdered form) within R's Building and Boiler Room

for years! Steadfast Full-time [24/7] 14 year Residential Superintendent

Thomas J.Crean was wrongfully terminated 11/5/2014,just a. few weeks

after P was 'Demoted and. Dismissed' by R Board President on R's wanton

uncontained (significant by EPA standards) Environmental "Spill" date

Tuesday, 10/21/2014.

When, P were forced to vacate the basement (within 10 days from

termination date and getting: no less than FIVE termination letters [in

4

rapid succession] and in different delivery methods) by the R

....

P found

Re [O&MI Operational & Maintenance Program their Removal of Asbestos,

Lead, and other contaminates; this was known (by Re) to be in their 96+

year-old building but Re concealed it from Petitioners!

P realized only then, that R "KNEW" (all the time) about the

Asbestos and other contaminates that were in their building all along (from

BEFORE 2001-P Superintendent's hire date); but R NEVER notified P

Superintendent, workers, or their other fellow shareholders/residents of the

presence of toxic contaminates that were in their building (and as evidenced

by the omissions in Re Annual Reports (for years) of the contaminated areas

in R's building that desparately needed repairs!

Only at that time (vacating the basement).Ps realized after

finding several documents that Re 'OTHER" previous demolitions and

renovations (over the course of 14 years) were never contained for ANY

toxicity

...

and Ps were fully exposed over prolonged periods of time to

Asbestos [ACM] and other highly toxic [SAC] Petroleum-infused Asphalt

Roofing Materials contaminates! (Also, P 14 years of emails and documents

validate our above statements.)]

P notified Management and R several times by email and other

(calls and spoken) to take the mandatory regulatory federal protocols of

containment (that P researched in September 2014-after getting Mgmt's

forwarded email). However, R Board President Alyson Reim Friedman took

5

"NO" proper containment during this (or other demolitions) ... nor, was

there EVER any Asbestos Supervising Coordinator on site, at ANY time!

11.

-

[On 'Tuesday" morning 10/21/2014 R Board President Alyson

1.

Reim Friedman "pre-meditatively" worked out her scenario: She had the

"Saturday" only 4-hour weekend porter accompany her down to the

basement, had that Porter hide all P Superintendent's building's operational

keys, and proceeded to give her permission to "subcontracted" (Spanish

demolition workers) to commence "Uncontained" demolition in R 96+ yr old

Boiler Room without ever notifying those subcontracted demolition workers

that they were demolishing highly toxic 'DRY Asbestos and other

contaminates.

(NO containment, NO PPE oersonal protection euuioment was ever

-

used, and NO 'Asbestos' EPA ore-notification by R was ever given ... and.

R were in direct violation of OSHA HAZCOM Regulations and NYS "Rightto-Know" Laws! [*And, R affected this, when. P Superintendent Thomas J.

Crean was on the upper floors of the building doing his daily chores

BEFORE P heard banging and went immediately down to the basement to

see what was going on!]

12. t R impeded/stifled P Superintendent by "Demoting and

Dismissing" him (in direct violation of SEIU's 2014 CBA) and R hindered P

from performing his "PROTECTED' DUTY" (to Safeguard and Protect the

Health and Safety of the Building/Public). P was stunned in disbelief that

R would do this, when P just came out of the elevator to see what was going

on!

*DEP Asbestos Inspector Nazim Hodzic came to R's building on the

night [7:40 PM] of Tuesday 10/21/2014, stopped the demolition workers, sent

them home, told them to leave their contaminated pick-up truck.., then, he

shut the building down AFTER placing EPAs "Red Danger Asbestos"

cordoning off tape around the basement to barricade R's Boiler Room!

13. --> 1 There is NO alicable "Estoppel" in this case (that was

never litigated in a Court of Law)

...

as "Fraud" and "Legal Fraud"

committed byR manifested itself BEFORE the [OCA] Contract Arbitrator

held a 2-day Arbitration (in which the R and all attorneys were in contract

with each other; they concealed and withheld vital P evidence from the

Aritrator Ithe official Bona fide DEP/EPA 12/4/2014 letter from

Commissioner Emily Lloyd's Asbestos Control Division Director Steven A.

Camaiore, P. E. to P Superintendent Thomas J. Crean]. The Arbitrator was

uroseIv 'kept-in-the-dark.' But, he ultimately wrote in his report (of

03/04/2015) that Employee Superintendent did "...nothing to provoke his

termination"].

[See: P Original Writ/Petition of Certiorari Case No.: 17-6583 docketed

11/1/2017: t Appendix E - [excerpted pages from 2014 SEW 32J CBA

PP 29cx 31cx 1 Appendices: G & H (1. 2 & 3).]

-

-

7

Pro Se P (Physically) disabled Senior Susan Crean (in her prior

Working History) was in an equally responsible position of securing the

Public's Safety and Trust. Susan Crean was a certified Federal Aviation

Observer and worked in La Guardia Airport's Marine Air Terminal Tower,

Queens, New York one of the highest density Airports in the U.S.

-

The R have waived their rights to file a Reply Brief to P

Petition/Writ of Certiorari docketed 11/1/2017 before this Court.

-* P believe this is a legal maneuvering ploy by R to avoid (escape

and evade) culpability for their FRAUD and LEGAL FRAUD in wantonly

exposing P (and the Public) to toxic contaminates for over a decade, as

detailed in R [O&M] Asbestos (and other contaminates) Removal Program,

and as shown in P irrefutable Federal/State/NYC evidence (detailed in Ps

Treatise of August 2016 (prior sent into the SDNY and the ca2NY).

-

Further, Ps firmly believe the R (as R have previously

demonstrated to P in the past) are vying to misdirect the Court's attention;

they are trying to avoid culpability for their willfully committed 'Fraud and

Legal Fraud' in their willfully exposing P & the Public to highly toxic

contamination for over a decade ... issues and evidence P already presented

to the Court (backed up by Federal/State/NYC Bona fide evidence).

[See: Ps Original Writ/Petition of Certiorari Case No.: 17-6583 docketed

11/1/2017: Appendix I -Confirmed Medical "Asbestos" exposure Diagnos

for the Removal of Asbestos and other contaminates viable for 40 yrs.]

8

Chapter 4.

-* IN RE: JURISDICTION

The Supreme Court of the United States has IN RE: Jurisdiction of

this petition to review the judgment of United States Court of Appeals for the

Second Circuit pursuant to 28 USC §1254(l) that was subsequently, denied

by that Court. *petitioners E"P"J (exhaustingly, detailed) ca2NY Brief of

5/23/2017 was never reply-answered by the Respondents! Ps are ill with

toxic contaminate poisoning (that has been medically verified)!

The Federal District Court of the State of New York [SDNYI had

But, it relinquished subject matter jurisdiction pursuant to 16 USC §460bb,

and pursuant to 28 USC §1331 because Ps complaint (not only) entailed

several federal Constitutional torts (that were NEVER addressed by that

Court), then, complete jurisdiction fell to the ca2NY (was transferred by Ps

timely from SDNY to the ca2NY).

This complete case transfèrtc ca2NY was affected

60 (b) 1,.2 & 3 for Re fraüdu1eñtiviing false documents to

a

1

1

1

ttflrfl

.

-

I

.1

fl

•

i...

a

—Ps "Constitutional Rights to Due Process" (trampled on by both SDNY

and ca2NY) fell by the wayside when both Courts ignored Ps [Federal

Rules #1031 Evidence. These COurts also made several errors in omissions;

Ps could not even find our 10 Volume (1,000 page) Treatise (that we sent in

to both Courts) or, where (within those docket sheets) this was filed!

How and why was Ps case dismissed without the lower Courts even

considering P "merited" Bona fide (multitudinous) Federal/State/NYC

evidence?

Ps were "poisoned" with toxic contaminants by the Re and threatened

U

?tr

V

-

I

V

fl 11

•

•

A

for us to do so! We NEVER saw this Judge, we NEVER even spoke to her,

nor ever saw, or spoke to, Maistrate Judge Henry B Pitman who

originally had assignment of the case per ORDER of Judge L T Swam (at

the very beginnings of this case)

Petitioners implore the US Supreme Court to weigh the merits of this

case and remove it, entirely from the lower Courts (who unduly added their

prejudiced stigma to years now of IPro Se Senior] Petitioners 'Standing up'

for our "Constitutional Rights" to Due Process and Jurisprudence; for our

lives, and, for the Protections of the Public- and the Environment)!

Chapter 5.

ADDITIONAL CASES

-* [See: Original Petition/Writ Case No. 17-6583 docketed 11/1/2017 for

EténsieLit of Cases.]

1.

George. J. Linkus Sr. v

Disposition Jan 30, 2008. Jury Awards $15.3M in Asbestos

Exposure Case a 73 year old Halethorpe man whose

Terminal cancer was linked to asbestos exposure while working

at a South Baltimore shipyard in the 1950's

Dates Incident 1954-1959, suit filed Apr 14, 2005

Supremacy Clause 'Doctrine of Preemption'

ARTICLE VT of the US Constitution

-* 2.1 Additional Constitutional Provisional Statute

2

New York City AsbestosLitig. 2016 NY Slip Op 05729 Decided

On Aug 4, 2016 Appellate Division, let Dept Published by NYS

Law Reporting Bureau pursuant to Judiciary Law § 431

Decided on Aug 4, 2016 "Mazzarelh J P Moskowitz Manzanet

$3.5 million .in damages for future pain and suffering, without

Costs The jury verdict was based on sufficient evidence and was not

Against the weight of the evidence, (see Cohen v Hallmark Cards,

45 NY2d 493, 498 499 [19781) The award for pam and suffering does

Not deviate materially from what would be reasonable compensation

(CPLR 5501, see e.g. Matter of NYC Asbestos Litig [Konstantm &

Dunimit, 121 AD3d 230, 2-55. 1111t Dept 20141, motion to dismiss appeal

denied 24 NY34 1218"[2, 0151; Penn v Amchem Prod, 85 AD3d 475

[1st Dept 20111). The Decision and Order of the [State]Supreme Cow

Aguirre v Long Island Rail Road Co. 2007 NY Slip Op 513840

[16 Misc 3sd 1111A)] Decided July 16, 2007 Supreme Court Kings Co

26113/96 The Jury awarded these plaintiffs for their prima facie

Evidence of Asbestos Exposure. [HOWEVER, these men were heavy

smokers, aside from their being exposed to toxins!]

10

-* [Petitioners have (1) medically verified Asbestos-caused Lung Diseases

(Pulmonary & other internal growths) Emphysema, lung scarring with

ground glass in both lungs, calcifications, granulomas, and COPD from

having been directly exposed to Asbestos (and other Toxic Contaminates for

over a decade) by Respondents willful negligence (2) Asbestos was

"POSITIVELY" identified in Bulk Samples that .were.analyzed by different

[DO H] Dept of Health Registered Environmental Approved Laboratories

(and Petitioners. DO NOT SMOKE)!]

The Estate of Lewis Nash, Mary Nash as Executrix. Plaintiff, v.

A. W. Chesterton Company, Inc., et al. Defendants State of NY

Supreme Court County of Onondaga Decision and Order

Index No 2012-000719 RJI No. 33-12-1731 Apr 27, 2015.

Jury Awarded $7.7M to. Plaintiff for exposure to asbestos, conscious [pain

And suffering; emotional pain and suffering, loss of services and society,

Wrongful death, and wrongful death from the date of verdict until the

Time Plaintiff would have otherwise been expected to live!

March 13, 1998 On March 5, Benny C. Battistelli and Power City

Plumbing and Heating Inc. (Power City), of Wheeling. W.Va., were indicted

in U.S. District Court for the Northern District of West Virginia in

Martinsburg on several felony counts involving violations of the Clean Air

Act. Battistelli is the president of Power City and the owner of the Central

Union Building (CUB), also in Wheeling. The indictment alleges .that in

1995 and 1997 Battistelli directed Power City employees to remove

regulated asbestos-containing material from the CUB without notifying

protective clothing when removing the asbestos, and did not utilize airunapproved site, and that Battistelli made a false statement to an EPA

Special Agent concerning the removal of the asbestos. If convicted,

Battistelli faces a maximum of up to five years imprisonment and/or fines of

up to $250,000 on each count. Power City faces maximum fines of up to

$500,000 on each count if convicted. The case was invetigated by EPA's

Criminal Investigation Division EPA 98-R-29 (E.P.A.), 1998 WL 34328275

[The Respondents NEVER pre-notified EPA, nor notified Petitioners,

demolition workers, or, the Public, and all were subjected to uncontained

"DRY" Asbestos over prolonged periods! R affected "Spills" for well over a

decade. In addition, although, R's were on an [O&M] Operational and

Maintenance Asbestos (and other Contaminates) Removal Program; Rs

never adhered to their Program, and concealed it from Petitioners!]

11

a

ADDITIONAL SUPPLEMENT

-

APPENDIX "S"B

Chanter 2.1 CONSTITUTIONAL PROVISIONAL STATUTE

-* 28 USC 1251 and Article III of the US Constitution

-----------------------------------------------------------------------Chapter 7.1 CONSTITUTIONAL PROVISIONAL STATUTES

Original Supreme Court Case #17-6583 docketed 11/1/2017

[Reproduced here for convenience]

Supremacy Clause 'Doctrine of Pre-emption'

ARTICLE VI of the US Constitution

16 USC §460bb Appendix, sec. 103 (a)

16 USC §460bb Appendix, Sec. 104 (h).

28 USC §1254 (1)

28 USC §13j1

28 USC §2403 (a)

28 USC §451

12

I

Chapter 6. ADDITIONAL REASONS FOR GRANTING THE PETITION

This Court should grant this petition and review the judgment of the

Second Circuit Court of Appeals of New York [ca2NYIJ bcuse its decision is

in conflict with the Court's decisions in many cases aforementioned in

important points of federal law. The ca2NY did not review Petitioners

Treatise of Federal/State/NYC Bona fide evidence, and dismissed this

without a teleconference, a hearing, or a trial. The SDNY forfeited

jurisdiction to the ca2NY that Pro Se Senior Disabled Petitioners timely

submitted our motions for Appeals. However, no consideration, no

jurisprudence, and no respect at all were afforded us.

Petitioners motions were repeatedly denied one after the other, and

the district court's and ca2NY's docket sheets were replete with omissions

that proved to be counter-productive to Justice; they departed from the

Constitution of the United States and veered from the usual course of

judicial proceedings to P detriment.

-

Petitioners are seniors and ill with many symptoms of irreparable

lung damage/diseases from Toxic Asbestos Contaminate exposure (our

medical conditions are confirmed by the Veteran's. Administration Hospital

and other medical facilities).from Respondents uncontained releases that

effected hundreds of children, their teachers, and parents in the adjacent

Public and Private Schools! The ca2NY exponentially added to these

violations of Petitioners Constitutional Rights, because that Court did NOT

address "Matters of Law" that were before them!

...

WHEREFORE, Petitioners do ask that this Honorable Court

GRANT RELIEF to wit:

Hold a hearing on the merits of this Supplemental and Original

Petition/Writ of Certiorari and grant judgment on all counts to Petitioners

Issue appropriate "financial and other" remedy for the irreparable

injuries Petitioners are currently dealing with, and for those added injuries

that are foreseeable in the immediate future (based on our medical

conditions). The Respondents were reckless, negligent, and indifferent to

human life and the Environment.

13

•11

Chapter 7.

CONCLUSION

For the above and foregoing reasons, Petitioners request the issuance

of a Writ of Certiorari from the United States Supreme Court of this "Free

and Just" land to hear our case and vote on the merits of the enclosed

Supplemental Petition (and previous original Petition Supreme Court of the

US Case #11-6583 docketed 11/1/2017) for Justice, for the Health and

Safety of the Public, and to Protect the Environment and Constitution of

the United States for future generations to come!

Petitioners are Pro Se Disabled (ill) Seniors and we have been

unnecessarily exposed to toxic contaminates by the Respondents for over a

decade. We Petitioned the lower Courts to abide by our Constitutional

Rights to let us have a say in our case

...

that was just shut out with no

consideration. Both Courts did not review our Treatise of Evidence

according to Federal Rules of Civil Procedure Evidence Rules #102 and

#103.

We have irreparable damages and have put forward the best that we

could to bring forward the documented facts in this matter. We have Truth

on our side, and we will always rely on that!

Respec fully,

A ean~

Thomas J. Crean and S4nKrx

101 Middlefield Avenue

Waterbury, CT 06705

1-203-528-3731

14

C

Petitioners Quote from President Abraham Lincolfl

"Let us have Faith that Right makes Might, and in that Faith let us to

the End Dare to do our Duty rai§ we understand

15.

•

•.:

-..

••

•

.

-

•

••

•

•

.