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January 27, 2016

Peter M. Heimlich
3630 River Hollow Run
Peachtree Corners, GA 30096

Dear Mr. Heimlich,

Your correspondence dated January 13, 2016, to Commissioner Elia has been forwarded
to the Office of Student Support Services for response. In your letter you expressed concern
regarding some schools in New York State (NYS) possessing a device, LifeVac, which is
advertised to be used on a person to alleviate choking. Your concern is based on the fact that
the device appears to not have had appropriate scientific studies to determine efficacy and
safety. We appreciate your concern and have just recently been made aware of the device in

The Education Department recommends that schools develop best practice and
evidence-based policies and protocols to manage health emergencies in collaboration with their
medical director who is a physician or nurse practitioner, which all public school districts must
employ to oversee school health services. Current best practice to treat a choking person
referred to as foreign body airway obstruction (FBAO), is the Heimlich maneuver for a conscious
person or chest thrusts and sweep of oral cavity for an unconscious person.

Since the treatment of FBAO may involve the use of CPR and an AED, we would also
like to remind schools that Education Law also requires all public schools have a public access
defibrillator (a functional cardiac automated external defibrillator equipment) provided and
maintained on-site in each instructional school facility for use during emergencies, and shall
ensure the presence of at least one staff person who is trained, pursuant to Public Health Law
section 3000b(3)(a), in the operation and use of an automated external defibrillator. Public
health law 3000(b) defines trained personnel as having successfully completed a training course
in the operation of an automated external defibrillator approved by a nationally-recognized
organization or the state emergency medical services council, and that such certification is
current. Such training courses for FBAO and cardiopulmonary resuscitation (CPR) follow the
current American Heart Association Guidelines of 2015

Additionally, Public Health Law section 3000(b) requires such schools to have a
collaborative agreement with an emergency health care provider. The collaborative agreement
shall include a written agreement that incorporates written practice protocols, and policies and
procedures that shall assure compliance with this section of law.
Thank you for sharing your concern with the NYS Education Department. We will
remind school health personnel of the current laws and regulations governing emergency health
care in schools, and to consult with their medical director, or emergency collaborative provider
prior to utilizing any new equipment or procedures for use in health emergencies,


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Office of Student Support Services
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c: Records Access Officer

Sharon Holder
On October 26, 2018, I reported an item on my blog, Olean, NY school principal arranged
purchase, installation, staff training of controversial anti-choking plunger device -- has he also
received sales commissions? [UPDATE: Responses from NY State Sen. Catharine Young &
Assemblyman Joseph Giglio]

I sent the above letter to the principal, Cory Pecorella of the Allegeny-Limestone Middle-High
School, with some quick questions. (Copies on request.)

After I sent a polite follow-up nudge, I received this reply:

From: Cory Pecorella <>

To: Peter Heimlich <>
Subject: RE: blogger inquiry -- 2nd request, pls advise
Date: Thu, 1 Nov 2018 12:09:13 +0000

The letter from the NYS Department of Education is correct. We have consulted with our
health care provider and will follow all approved procedures for the safety of our students.

Mr. Pecorella

To which I replied:

Subject: Re: blogger inquiry -- 2nd request, pls advise

To: "Pecorella, Cory" <>
Cc: Karen Hollowood <>, K S <>
From: Peter Heimlich <>
Date: Thu, 1 Nov 2018 09:05:36 -0400

Dear Mr. Pecorella,

Thank you for your reply and I'd appreciate your answers to some quick follow up questions.

>We have consulted with our health care provider

1) What's the name of the health care provider?

2) Has the school decided not to install the Dechokers? If that's accurate, does the school intend to
return them to C3 Safety Products? If so, does the school intend to request a refund?

Thanks for your continued attention and I look forward to your reply. If you can get back to me by
the end of today, that would be appreciated.


Peter M. Heimlich
Peachtree Corners, GA 30096 USA
ph: (208)474-7283
Twitter: @medfraud_pmh

cc: Karen Hollowood, Kate Day Sager

I received his confirmation of receipt, but no further communications, so I sent a friendly nudge
I didn’t receive a reply, so on November 2, 2018, I sent a polite, identical follow up to the general
e-mail address of the Allegany-Limestone School Board.

I received a confirmation of receipt from School District president Joseph Zimmer PhD from the
e-mail address but no further communications, so on November 8, I sent
him a polite follow up and again received his confirmation of receipt, but no further

The next day I received the following letter.

3131 Five MiLe Road -ALLegany, NY 14706

November 9,2018
District Office
Phone: 716-375-6600
Fax: 716-375-6629 VIA EMAIL
Peter M. Heimlich
Middle-High School
Ext. 2110/2100 Peachtree Corners, GA 30096
Fax: 716-375-6630

Elementary School Re: Your email correspondence dated October 25,2018,

Ext. 4172
Fax: 716-375-6628
November 1, 2018 and November 8, 2018

Special Education
Ext. 4164
Fax: 716-375-6601
Dear Mr. Heimlich,
Bus Garage
Ext. 6612 I am the Superintendent of Schools for the Allegany-Limestone
Fax: 716-375-6627
Central School District (the "District"), It has recently been brought to my
attention that you made several requests for information from Principal
Cory Pecorella, the Board of Education and, specifically, Board of Education
President Joseph Zimmer. You have indicated that this information is
needed for "an item [you are] reporting for [your] blog.II

Preliminarily, please note that there is no requirement that the

District, its employees or Board of Education members respond to factual
inquiries such as those set forth in your email correspondence. Moreover,
there is certainly no requirement that District employees or Board of
Education members respond to your inquiries by any particular deadline.

As you are aware, the Freedom of Information Law (FOIL) permits

individuals to request records from agencies such as the District. Should
you wish to request any records, please submit such request(s) to Kristin
Colburn, the District's Records Access Officer. More information regarding
FOIL Requests may be found on our website, at:

To the extent your email dated November 1, 2018 requests the name
of the District's Health Care provider, attached please find a copy of the
minutes from the Board's July 10, 2018 meeting. As indicated on page 3278,
the District's School Physician is Dr. Rajnikant Patel. The District will not
be responding to the remainder of your factual inquiries set forth in your
October 25, November 1 or November 8,2018 email correspondence.
Please be advised that District employees and Board members will
not respond to any further communication from you, with the exception of
requests for records submitted to Ms. Colburn. If you choose to submit any
such request(s), Ms. Colburn will respond in accordance with FOIL.

Thank you for your anticipated cooperation.

- .~~
... . .'
.. -. .

Tony Giannicchi
Superintendent of Schools

cc: Kristin Colburn, Records Access Officer
Page 3278

Faculty Advisor for Classroom Accounts Cory Pecorella

Central Treasurer of Classroom Accounts Pamela Redden

Claims Auditor Christine Grimes

School Tax Collector Pamela Redden

District Clerk Kristin Colburn

Deputy District Clerk Michael Watson

AHEREA Officer Allen Backer

Right to Know Coordinator Michael Watson

Records Access Officer Kristin Colburn

Secretary to the Board Kristin Colburn

Copyright Officer Michael Watson

Chemical Hygiene Officer Ronald Johnson

Title IX Coordinator Michael Watson

Wellness Coordinator Kevin Straub

To appoint Hodgson and Russ LLP; Harris Beach PLLCand Hogan as School Attorneys for the 2018-2019
school year.

To appoint Dr. Rajnikant Patel as the School Physician for the 2018-2019 school year.

To approve Five Star Bank and Chase Bank to serve as the depository of school funds.

To approve accounts in the name of the Allegany-Limestone Central School be opened and maintained
with the Five Star Bank and the Chase Bank from time to time for any money, checks, drafts, notes or
acceptances which may be or hereafter comes into possession and that said bank(s) be hereby
authorized to make payments according to checks, drafts, notes and acceptances of this District signed
by two of the following:

President Joseph Zimmer; Vice-President Phillip Quinlan; District Treasurer Denise Riethmiller; Deputy
Treasurer Pamela Redden; Business Executive Michael Watson; including checks drawn to his/her own
order. A single electronic signature of the District Treasurer/Deputy Treasurer is also to be acceptable.
This authorization is for the fiscal period of July 1, 2018 to June 30, 2019, not to exceed a daily balance
of $20,000,000.

To designate the Olean Times Herald as the official newspaper of the District.

To authorize the Superintendent of Schools to transfer funds in accordance with Section 170.2(1) of
the Commissioner's Regulations and further, that a final report of all such transfers be provided to the
Board for their review at the regular meetings throughout the 2018-2019 school year. The