IN THE MATTER OF THE CLAIM(S) OF

KRITTIKA BISW AS, Plaintiff-Claimant.

NOTICE OF CLAIM

-against-

(1) THE CITY OF NEW YORK, (2) NEW YORK CITY DEPARTMENT OF EDUCATION, (3) HON. DENNIS M. WALCOTT, in his official capacity as CHANCELLOR

of the NEW YORK CITY DEPARTMENT OF EDUCATION (albeit, at the time of the misconduct alleged, Cathleen P. Black was serving as Chancellor), (4) HOWARD KWAIT individually and in his official capacity as a PRINCIPAL within and for

the NEW YORK CITY DEPARTMENT OF EDUCATION

at JOHN BOWNE HIGH SCHOOL, (5) JAMIE KIM-ROSS individually and in her capacity as a TEACHER within and for the NEW YORK CITY DEPARTMENT OF EDUCATION

at JOHN BOWNE HIGH SCHOOL, (6) ELA YNA KONSTAN, individually and in her official capacity as CHIEF EXECUTIVE OFFICER of the NEW YORK CITY DEPARTMENT OF EDUCA nON OFFICE OF SCHOOL AND YOUTH DEVELOPMENT, (7) JOHN/JANE DOE NEW YORK

CITY DEPARTMENT OF EDUCATION PERSONNEL

## 1-10, so named as their identities have yet to be established, involved in the sham investigation, unlawful arrest and detention and unlawful suspension of Krittika Biswas,

(8) HON. RAYMOND W. KELLY, in his official capacity as COMMISSIONER of the NEW YORK CITY POLICE DEPARTMENT, (9) POLICE OFFICER "JANE DOE" MALDONADO (107 Precinct, possible shield # 10559), individually and in her official capacity as a POLICE OFFICER within and for the NEW YORK CITY POLICE DEPARTMENT, so named because her exact identity has yet to be confirmed,

(10) POLICE OFFICER LARRY GRANSHAW, individually and in his official capacity as a POLICE OFFICER within

and for the NEW YORK CITY POLICE DEPARTMENT,

and (11) JOHN/JANE DOE POLICE PERSONNEL, so named as their identities have yet to be established, involved in the unlawful arrest and detention of Krittika Biswas,

Defendants-Respondents.

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1 TO: City of New York

2 Office of the Comptroller

3 One Centre Street, Room 1225

4 New York, NY 10007

5

6 New York City Department of Education

7 52 Chambers Street, Room 320, B4

8 New York, NY 10007

9

10 PLEASE TAKE NOTICE that a claim and demand is hereby made, under Federal

11 and State law with full reservation of right to file an action in federal court, for reasonable

12 damages, compensatory and punitive, along with attorneys' fees for the prevailing

13 claimant/plaintiff. Pursuant to G.M.L. § 50-e(2)(4), The compensatory damages sought,

14 so far as currently practicable, are not less than $500,000.00. The punitive damages

15 sought, so far as currently practicable, are not less than $1,000,000.00.

16

17 NAME AND POST OFFICE ADDRESS OF CLAIMANT:

18 Krittika Biswas,43-23 Colden Street, Apt. 23-1, Flushing, NY 11355.

19

20 At all times herein mentioned, Krittika Biswas is a citizen of India and lawfully present

21 and resident in the United States, State of New York, City of New York. Krittika Biswas

22 is the daughter of the Vice-Consul in the Consulate General of the sovereign nation of

23 India, assigned to the Consulate General of India in New York City. Krittika Biswas was

24 born on August 31, 1992, and during the occurrences described herein was 18 years of

25 age, resided with her parents, including the Vice-Consul, and was a full time secondary

26 school student enrolled in honors classes at John Bowne High School, 63-25 Main Street,

27 Flushing, NY 11367, an educational facility controlled, maintained and operated by the

28 New York City Department of Education. At all times herein described, Krittika Biswas

29 was entitled to diplomatic immunity from arrest and detention, despite her actual

30 innocence. This claim is made because Krittika Biswas was wrongly arrested and

31 detained without probable cause, and while she was actually innocent. This claim was

32 not made simply because of any immunity from arrest and detention.

33

34 NAME AND POST OFFICE ADDRESS OF ATTORNEYS FOR CLAIMANT:

35 The Law Finn of Ravi Batra, P.e.

36 The Batra Building

37 142 Lexington Avenue

38 New York, NY 10016

39 212-545-1993

2

40 NATURE OF THE CLAIM:

41

42 Claim is hereby made for the constitutional and tortious physical and emotional

43 injuries inflicted upon Krittika Biswas, as a result of a sham investigation of offensive e-

44 mails being transmitted to defendant-respondent New York City Department of Education

45 ["DOE"] teacher Jamie Kim-Ross - when said e-mails were not transmitted by, or on

46 behalf of Krittika Biswas, there was no evidence associating the e-mails to Krittika

47 Biswas, another student was ultimately determined to be the author and sender of the

48 illicit e-mails - thus Krittika Biswas was actually innocent, and Krittika Biswas was

49 immune from arrest, detention and prosecution because of her diplomatic status [Exhibit

50 1]. The charges stemming from this wrongful, illegal and unconstitutional arrest were

51 dismissed by the Queens County District Attorney's Office prior to Krittika Biswas being

52 arraigned upon same, and the file sealed [Exhibit 2]. We are grateful to the distinguished

53 prosecutor, the Hon. Richard A. Brown, for putting a stop to this macabre malicious

54 misconduct by the defendants. Judge Brown has served as counsel to Governor Hugh

55 Carey, 16 years as a member of the judiciary, including ten years as an Associate Justice

56 of the Supreme COUl1 of the State of New York, Appellate Division, Second Department,

57 and recently celebrated 50 years of distinguished service to hard working New Yorkers by

58 honoring the rule of law and protecting public safety.

59

60 The initial warrantless detention of Krittika Biswas was made by the DOE, within

61 John Bowne High School beginning at approximately 9:45 a.m. on February 8, 2011,

62 leading to a warrantless arrest and unlicensed detention of Krittika Biswas on February 8,

63 2011, by the New York City Police Department ["NYPD"], including police

64 officers"JANE DOE" Maldonado (107 Precinct, possible shield # 10559), acting

65 individually and in her official capacity as a NYPD Police Officer, and Larry Granshaw

66 (sp), acting individually and in his official capacity as a NYPD Police Officer, at the

67 insistence of the DOE and its representatives, including defendants-respondents, the very

68 arrogant and nasty Howard Kwait, acting individually and in his official capacity as a

69 DOE principal at John Bowne High School and the racist Jamie Kim-Ross, acting

70 individually and in her official capacity as a DOE teacher at John Bowne High School

71 [Exhibit 3]. Said arrest and detention was without probable cause, and without the

72 consent of Krittika Biswas, and in violation of state, federal and international law , as

73 Krittika Biswas possesses diplomatic immunity. Said unconstitutional, unlawful and

74 illegal arrest and detention involved unnecessary and painful tight handcuffing that

75 caused substantial pain, redness and swelling, refusal by the police to permit Krittika

76 Biswas to urinate, for hours, as extra-judicial punishment, and unlicensed detention in

77 police custody for approximately 28 hours (2/8/11 at approximately 9:45 a.m. to 2/9/11 at

78 approximately 2:30 p.m.).

3

79 Thereafter, notwithstanding that there was no evidence to support any claim

80 against Krittika Biswas, defendants-respondents DOE and its agents and representatives,

81 including Kwait and Kim-Ross, caused Krittika Biswas to be suspended from her

82 academically challenging and enriched program at John Bowne High School by

83 defendant-respondent Elayna Konstan, acting individually and in her official capacity as

84 Chief Executive Officer of the DOE Office of School and Youth Development, and

85 administratively transferred to an alternative placement site, to wit: the socially and

86 academically deficient R. F. Wagner, Jr. High School, and to face DOE disciplinary

87 charges without any evidence to support same [Exhibit 4 J. Included in Ex. 4 is a letter

88 dated February 11,2011, from Krittika Biswas' father, Vice Consul Debashish Biswas,

89 retaining the undersigned on behalf of Krittika Biswas. The DOE defendants-respondents

90 falsely asserted that Krittika Biswas was the author of e-rnails because, as they claimed,

91 the Internet Protocol Address ["IP Address"J associated with the e-mails was assigned to

92 her apartment building - notwithstanding that there are in excess of 200 apartments in that

93 building. Included in the materials provided by the DOE, and as part of Ex. 4, herein, is a

94 list of students residing in Krittika Biswas building (redacted on behalf of Krittika Biswas

95 to protect the identities of students). Moreover, the DOE relied upon the wholly

96 conclusory, unsupported and false handwritten allegations of defendant-respondent Jamie

97 Kim-Ross (also part of Ex. 4, herein) who wholly, and maliciously, neglected to inform

98 DOE disciplinary staff that she had previously personally written a merit based

99 recommendation on behalf of plaintiff-claimant Krittika Biswas in or about October

100 2010, and e-mailed it from her personal e-mail account to her DOE e-mail account.

101 Moreover, defendant-respondent Kim-Ross, and the DOE, sought to rely on "Facebook"

1 02 postings associated with Krittika Biswas "facebook.com" account, referenced by Kim-

103 Ross, which were, at worst, critical of Kim-Ross as a teacher, but in no way associated

104 Krittika Biswas with the offensive e-mails that someone else had sent to Kim-Ross.

105

106 Kim-Ross and DOE's claims were wholly debunked with forensic evidence

107 provided by expert software engineer Gleb Liferenko, who determined that the IP

108 Address associated with the home of Krittika Biswas was provided and serviced by the

109 network of Road Runner LLC, while the offensive e-mails were transmitted from an IP

110 Address associated with the network of Earthlink, Inc. The expert affidavit submitted by

III Mr. Liferenko is appended hereto [Exhibit 5], as is Mr. Liferenko's invoice for expert

112 services rendered, in the amount of$3,363.20 [Exhibit 6J. These were expenses incurred

113 on behalf of Krittika Biswas solely because the DOE and its agents had no consideration

114 for the facts. Critically, these disciplinary charges, founded upon falsities to begin with,

115 were ultimately dismissed, with the suspension expunged from Krittika Biswas' records.

116 A letter confirming such dismissal and expungement, along with related e-mails, are

117 appended hereto [Exhibit 7] when it was determined that plaintiff-claimant Krittika

118 Biswas was able to prove that when the allegedly offensive e-mail were sent to defendant-

4

119 respondent Kim-Ross, Krittika Biswas was at various stores at the Skyview Center

120 shopping mall and at a Western Beef store on February 6, 2011, in the company of her

121 friend Deboleena Kanjilal, who provided an affidavit to be submitted in the DOE

122 disciplinary process along with receipts confirming store purchases [Exhibit 8].

123 Additionally, while at Skyview mall, Krittika also came across Ravichandran

124 Kalyanasundaram and Bhoop Singh Bisht, colleagues of her father from the Consulate

125 General of India, who also provided affidavits and receipts confirming their presence at

126 the mall [Exhibit 9]. Moreover, and even more damning against the defendants-

127 respondents, it was another student, Shang Ming, who wrote and transmitted all of the

128 offensive e-rnails, with absolutely no involvement by Krittika Biswas, and Shang Ming

129 ultimately confessed to same.

130

131 Notwithstanding that Shang Ming actually wrote and transmitted e-mail messages

132 which defendant-respondent Kim-Ross deemed offensive, Kim-Ross and the DOE

133 declined to press criminal charges against that student, or to pursue DOE disciplinary

134 action against him, because he is of Oriental-Asian decent, believed to be of Chinese

135 ancestry, and defendant-Respondent Kim-Ross is also of Oriental-Asian decent, believed

136 to be of Chinese or Korean ancestry, and defendant-respondent Kim-Ross has repeatedly

137 favored students of Oriental-Asian decent, to the detriment of other students - including

138 Krittika Biswas, who is Indian and thus of Southeast Asian decent. Such favoritism of

139 students of the Oriental-Asianethnic hackground, to the detriment of other students of

140 other ethnic backgrounds, constituted improper prohibited ethnicity based discrimination.

141 This discrimination was evident in class by Kim-Ross, and in her failing to press charges

142 against Shang Ming despite his absolute guilt in sending the offending e-mails,

143

144 TIME VvHEN THE CLAIM AROSE: at approximately 9:45 a.m. on February 8, 2011

145 through approximately 2:30 p.m. on February 9,2011 (unlawful arrest, detention and

146 discrimination); and, from February 10,2011 through March 15,2011 (improper

147 suspension, disciplinary action until withdrawal of charges and suspension by the

148 Superintendent and expungement of any record, and discrimination), and to the present

149 (discrimination).

150

151 PLACE WHERE THE CLAIM AROSE: John Bowne High School, 63-25 Main Street,

152 Flushing, NY 11367; NYPD vehicles used to transport Krittika Biswas from John Bowne

153 High School to the NYPD 107th Precinct and from the 107th Precinct Station House to

154 Queens Central Booking; NYPD 10Th Precinct Station House, 71-01 Parsons Boulevard,

155 Flushing, NY 11365; Queens Central Booking, 125-01 Queens Boulevard, Kew Gardens,

156 NY 11415; R. F. Wagner High School, 47-07 30th Place, Long Island City, NY 11101;

157 DOE Queens Office of Student Suspensions, 28-11 Queens Plaza North, Long Island

158 City, NY 11101.

5

159 MANNER IN WHICH THE CLAIM AROSE: See above. Additionally, pursuant to

160 Articles 40,1412 and 533 of the Vienna Convention on Consular Relations (1963), of

I Article 40 of the Vienna Convention on Consular Relations (1963), entitled "Protection of consular officers", provides that

The receiving State shall treat consular officers with due respect and shall take all appropriate steps to prevent any attack on their person, freedom or dignity.

2Article 41 of the Vienna Convention on Consular Relations (1963), entitled "Personal inviolability of consular officers", provides that

1. Consular officers shall not be liable to arrest or

detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.

2. Except in the case specified in paragraph 1 of this

article, consular officers shall not be committed to prison or be liable to any other form of restriction on their personal freedom save in execution of a judicial decision of final effect.

3. If criminal proceedings are instituted against a

consular officer, he must appear before the competent authorities. Nevertheless, the proceedings shall be conducted with the respect due to him by reason of his official position and, except in the case specified in paragraph 1 of this article, in a manner which will hamper the exercise of consular functions as little as possible. When, in the circumstances mentioned in paragraph 1 of this article, it has become necessary to detain a consular officer, the proceedings against him shall be instituted with the minimum of delay.

3 Article 53 of the Vienna Convention on Consular Relations (1963), entitled "Beginning and end of consular privileges and immunities", provides that

1. Every member of the consular post shall enjoy the

privileges and immunities provided in the present Convention from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when he enters on his duties with the consular post.

6

161 which both the United States and India are signatories, as Krittika Biswas is the child of

162 the Vice-Consul, residing in the same horne with the Vice-Consul, and was enrolled in

163 secondary school, Krittika Biswas was entitled to the privileges and immunities afforded

164 the Vice-Consul, including immunity from arrest and detention.

2. Members ofthe family of a member of the consular

post forming part of his household and members of his private staff shall receive the privileges and immunities provided in the present Convention from the date from which he enjoys privileges and immunities in accordance with paragraph 1 of this article or from the date of their entry into the territory of the receiving State or from the date of their becoming a member of such family or private staff, whichever is the latest.

3. When the functions ofa member of the consular

post have come to an end, his privileges and immunities and those of a member of his family forming part of his household or a member of his private staff shall normally cease at the moment when the person concerned leaves the receiving State or on the expiry of a reasonable period in which to do so, whichever is the sooner, but shall subsist until that time, even in case of arrned conflict. In the case of the persons referred to in paragraph 2 of this article, their privileges and immunities shall come to an end when they cease to belong to the household or to be in the service of a member of the consular post provided, however, that if such persons intend leaving the receiving State within a reasonable period thereafter, their privileges and immunities shall subsist until the time of their departure.

4. However, with respect to acts performed by a

consular officer or a consular employee in the exercise of his functions, immunity from jurisdiction shall continue to subsist without limitation of time.

5. In the event of the death of a member of the

consular post, the members of his family forming part of his household shall continue to enjoy the privileges and immunities accorded to them until they leave the receiving State or until the expiry of a reasonable period enabling them to do so, whichever is the sooner.

7

165 On or about February 8, 2011, Krittika Biswas was the subject of an unjust, illegal,

166 warrantless and unconstitutional arrest, by members of the New York City Police

167 Department ["NYPD"], including, but not limited to, defendants respondents Police

168 Officer "Jane Doe" Maldonado, believed to then be assigned to the 1 07 NYPD Precinct,

169 and possibly assigned shield # 10559 and Police Officer Larry Granshaw, also believed to

170 then be assigned to the 107 NYPD Precinct, at the insistence, request, and direction of the

171 New York City Department of Education ["DOE"], including, but not limited to

172 defendants-respondents Howard Kwait, principal of John Bowne High School and Jamie

173 Kim-Ross, a mathematics teacher at John Bowne High School.

174

175 Said arrest occurred after defendant-respondent Jamie Kim-Ross received what she

176 perceived to be obscene e-mails.Krittika Biswas did not send these e-mails, nor did she

177 have any involvement in their transmission. Representatives of the DOE allegedly

178 performed an investigation which revealed that the e-mail message originated from an IP

179 Address not associated with Krittika Biswas. Nevertheless, DOE representatives insisted

180 that the IP address was associated with someplace within the large apartment building

181 that Krittika Biswas resides in with her family, including the Vice-Consul, and thus

182 insisted that the NYPD arrest and detain Krittika Biswas, which they did, without

183 probable cause, on February 8, 2011.

184

185 Just prior to her arrest and detention, Krittika Biswas was called from her second

186 period class, at approximately 9:45 a.m., on February 8, 2011, and directed by Naomi

187 Eutsey, Assistant Principal of Security at John Bowne High School to the Assistant

188 Principal's Office ["AP Office"]' While in the AP Office Krittika Biswas was informed

189 by Guidance Counselor Lauren Prettitore that defendant-respondent Jamie Kim-Ross

190 received an additional obscene e-mail which was sent on February 6,2011 at 1 :06 p.m.

191 and that police were corning to speak with Krittika Biswas about such e-mails.

192

193 Upon their arrival, the male arresting/detaining officer, believed to be defendant-

194 respondent Granshaw demanded that Krittika Biswas confess to transmitting the obscene

195 e- mails and advised Kri ttika B iswas that should she not confess he would handcuff her

196 and take her, in substance, "to jail with prostitutes and people with HIV." Because

197 Krittika Biswas did not send and obscene e-mail, she refused to confess, at which time the

198 male NYPD officer, acting individually, and under color oflaw, tightly applied handcuffs

199 to Krittika Biswas wrists causing Krittika Biswas substantial pain which she reported to

200 the arresting/detaining officers. While Krittika Biswas remained handcuffed, the male

201 NYPD officer again began to interrogate Krittika Biswas, and she continued to deny any

202 involvement with the transmission of any obscene e-mails.

8

203 The NYPD officers who arrested/detained Krittika Biswas did not provide her with

204 her warnings as Constitutionally required by Miranda v. Arizona, 384 U.S. 436 (1966) -

205 yet nevertheless the police spoke with Krittika Biswas and inquired about her use of

206 computers to send messages in an attempt to obtain incriminating statements from

207 Krittika Biswas - notwithstanding that she had committed no crime and there was no

208 license to arrest or detain her.

209

210 While still detained against her will, with handcuffs affixed by the male NYPD

211 officer still latched upon her wrists, Krittika Biswas invoked diplomatic immunity and

212 requested that her father, the Vice-Consul, or the Indian Consulate be informed of her

213 arrest and detention; however, such invocation was ignored by the arresting and detaining

214 officers - as well as the DOE. In substance, Krittika Biswas was wrongly informed by the

215 NYPD officers that she was not entitled to any immunity protection as only her father, as

216 the diplomat, was entitled to same. Moreover, pursuant to Article 36(l)(b) of the

217 Vienna Convention on Consular Relations," if a foreign national is detained, upon request

218 "the competent authorities of the receiving State shall, without delay, inform the consular

219 post ofthe sending State" of such detention. Morever, Article 36(1 )(b) further requires

220 the detaining authorities to inform the detained foreign national of his or her rights

221 pursuant to Article 36.5

"Article 36 of the Vienna Convention on Consular Relations (1963), provides that

1 (b). With a view to facilitating the exercise of consular functions relating to nationals of the sending State: ifhe so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this subparagraph.

SArticle 36 of the Vienna Convention on Consular Relations (1963), entitled "Communication and contact with nationals of the sending State" provides that

1. With a view to facilitating the exercise of consular functions

relating to nationals of the sending State:

9

222 Had these NYPD officers received proper training and supervision regarding the

223 practical and legal consequences of diplomatic immunity, and of the arrest and detention

224 of nationals of other countries, particularly in the melting pot that is New York City,

225 where many immigrants call their homes, and where diplomatic officers of many nations

226 throughout the world maintain official offices, such errors could have, and should have

227 been avoided to prevent an unintended international incident or an unintended insult (see

228 e.g., the recent demand by the United States of Pakistan to give diplomatic immunity to

229 CIA contractor Raymond Davis). The arresting/detaining officers then falsely informed

230 Krittika Biswas that she was going to be taken for questioning and then released.

231

232 Only after delay, post Krittika Biswas' complaint of pain, did another NYPD

233 officer release the handcuffs, evidencing redness and bruising to Krittika Biswas' wrists.

234 Thereafter, handcuffs were reapplied, but less tightly, resulting in pain - but less severe

235 then before. However, once the police arrived at the DOE representatives' insistence,

(a) consular officers shall be free to communicate with nationals of the sending State and to have access to them. Nationals of the sending State shall have the same freedom with respect to communication with and access to consular officers of the sending State;

(b) ifhe so requests, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular districL, a national of that State is arrested or committed to prison or to custody pending trial or is detained in any other manner. Any communication addressed to the consular post by the person arrested, in prison, custody or detention shall be forwarded by the said authorities without delay. The said authorities shall inform the person concerned without delay of his rights under this subparagraph;

(c) consular officers shall have the right to visit a national of the sending State who is in prison, custody or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgement. Nevertheless, consular officers shall refrain from taking action on behalf of a national who is in prison, custody or detention ifhe expressly opposes such action.

2. The rights referred to in paragraph 1 of this article shall be

exercised in conformity with the laws and regulations of the receiving State, subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under this article are intended.

10

236 Krittika Biswas was not free to go, and remained detained against her will. Krittika

237 Biswas remained in the custody of the NYPD at 101m Bowne High School until

238 approximately 12:30 p.m., at which time she was transported by the NYPD to the precinct

239 station house.

240

241 The NYPD officers who arrested/detained Krittika Biswas placed her in a

242 detention cell wherein she was not permitted to use restroom facilities, notwithstanding

243 repeated requests for access to same in order to evacuate human waste. Krittika Biswas

244 remained confined in the detention cell, against her will, from approximately 1 :00 p.m.

245 through approximately 3 :30 p.m .. While at the precinct station house Krittika Biswas was

246 fingerprinted and photographed, notwithstanding she had repeatedly invoked both her

247 absolute innocence and her immunity. At no time was Krittika Biswas permitted to

248 directly notify her consular representatives of her arrest and detention.

249

250 Thereafter, Krittika Biswas was again handcuffed by NYPD personnel and

251 transported to Queens Central Booking, where she remained in the custody of the NYPD.

252 Kritka Biswas remained confined at Central Booking from approximately 3:45 p.m. on

253 February 8,2011 through approximately 2:30 p.m. on February 9,2011.

254

255 While at central booking Krittika Biswas was finally provided with her Miranda

256 warnings, notwithstanding that prior interrogation attempts took place. At approximately

257 9:00 p.m. on February 8, 2011, Krittika Biswas was taken to a room by two plainclothes

258 officers she believed to be detectives, and interrogated on videotape. Krittika Biswas

259 again truthfully denied any involvement with the transmission of offensive e-rnails, or any

260 knowledge as to who sent them.

"f'

LOl

262 While Krittika Biswas remained detained at Queens Central Booking,

263 representatives of the Consulate General ofIndia in New York City informed the NYPD

264 that Krittika Biswas maintained diplomatic immunity; however, no efforts were made to

265 verify the representation or to release Krittika Biswas from what was illegal and wrongful

266 detention.

267

268 On February 9, 2011, the undersigned attorney appeared at the Office of Queens

269 County District Attorney Hon. Richard A. Brown, on behalf of Krittika Biswas and

270 presented a Note Verbale confirming Krittika Biswas diplomatic status, and more

271 importantly, asserting her actual innocence and the incredible ludicrousness of the

272 school's "proof' predicated upon the IP Address "for the building"! District Attorney

273 Brown and his staff expeditiously reviewed the circumstances, including, confirming

274 Krittika Biswas' diplomatic immunity and thereafter dismissed all charges against

275 Krittika Biswas and directed her immediate release from custody.

11

276 Thereafter, notwithstanding the wholesale lack of evidence associating Krittika

277 Biswas to any offensive e-mail, defendant-respondent Howard Kwait, individually and in

278 his capacity as a Principal of John Bowne High School suspended Krittika Biswas -

279 compelling her to attend another school, which was socially and academically deficient.

280 Furthermore, in an attempt to provide support for the baseless allegations made against

281 Krittika Biswas, defendant-respondent Jamie Kim-Ross made false representations by

282 omissions in documents she provided in support of DOE disciplinary charged brought

283 against Krittika Biswas, including a failure to acknowledge that she herself had

284 previously written a letter of recommendation for Krittika Biswas, while instead leaving

285 the impression that she had never done same - as a fabrication of a motive for Krittika

286 Biswas.

287

288 The e-mail which spurred the illegal arrest and detention of Krittika Biswas was

289 transmitted on February 6,2011, at approximately 1:06 p.m., when Krittika Biswas was

290 nowhere near a computer. Rather, the evidence demonstrated that Krittika Biswas was at

291 various stores, including Target and B.J. 's at the Skyview Center shopping mall, 40-24

292 College Point Boulevard, Flushing, NY 11354. Furthermore, Krittika Biswas was

293 accompanied by a friend while at the Skyview Center, and while at the shopping mall she

294 also came across colleagues of her father from the Consulate General of India in New

295 York City.

296

297 Krittika Biswas was forced to mount a defense to the sham disciplinary charges

298 instituted by the DOE, including defendants-respondents Kwait and Kim-Ross, which

299 were based solely on supposition and false interpretations of evidence. Such defense by

300 Krittika Biswas included retention of the undersigned attorney, as well as a computer

301 forensics expert, to prove what Krittika Biswas had been saying all along: that she did not

302 write or transmit the e-mail messages which were the subject of the unlawful arrest,

303 suspension and disciplinary actions.

304

305 Notwithstanding appearances by the undersigned counsel for Krittika Biswas, with

306 all witnesses and all evidence then-available, at DOE's suspension hearing facility,

307 including on March 11,2011, the DOE was unable to proffer a case [Exhibit 10] - and

308 Dean John Tsapelas, acting as the disciplinary "prosecutor" for DOE lied, claiming to

309 Krittika Biswas' undersigned counsel that the hearing could not proceed that day because

310 of a death in the family of a DOE witness - when no such death had occurred. Indeed, in

311 detrimental reliance, DOE's supervising counsel, Emil Micha, communicated the need to

312 adjourn the disciplinary hearing due to a death on the school's side. Notwithstanding

313 DOE's unwillingness to proceed, the undersigned, on behalf of Krittika Biswas, who had

314 - and has - nothing to hide, proffered our forensic expert information to DOE that very

315 day, and sought subpoenas for the testimony of witnesses from Target and B1' s

12

316 Wholesale Club at Skyview mall to further confirm Krittika's presence [Exhibit 11].

317 Notwithstanding repeated requests, orally, and in writing [Exhibit 12], the transcript from

318 that March 11, 2011 DOE disciplinary appearance - for sham charges ultimately

319 dismissed [Ex. 7] has not been provided to the undersigned, on behalf of Krittika Biswas.

320

321 Ultimately, another student, of Oriental-Asian heritage, Shang Ming, admitted to

322 having authored and transmitted the offensive e-mails; however, because this student was

323 of similar ethnic background to defendant-respondent Kim-Ross, notwithstanding

324 evidence and a confession proving that Shang Ming had sent the offensive e-mails,

325 defendant-respondent Kim-Ross declined to press criminal charges, and the DOE, treating

326 him differently than Krittika Biswas, pursued only suspension.

327

328 During the period of time that Krittika Biswas was enrolled in defendant-

329 respondent Kim-Ross' calculus class at John Bowne High School, she frequently was

330 subjected to raceiethnicity based discrimination. Defendant-Respondent Kim-Ross

331 overtly favored students of Oriental-Asian ethnic backgrounds, to the detriment of other

332 students, including Krittika Biswas who is Indian, and thus of Southeast Asian heritage.

333 Furthermore, notwithstanding that there was absolutely no evidence to associate Krittika

334 Biswas with the authoring or transmission of any offensive e-mail, the DOE, spearheaded

335 by defendants-respondents Kwait and Kim-Ross, pursued an offensive course of conduct

336 against Krittika Biswas," resulting in an unwarranted and illegal arrest and detention,

337 unwarranted suspension from school and baseless disciplinary charges, all of which

338 damaged Krittika Biswas physically, emotionally, and financially - including costs for the

339 computer forensic expert [Exs. 5, 6] and a substantial amount incurred as and for legal

340 fees incurred in defense of the sham disciplinary and arrest charges.

341

342 While academic freedom is enhanced by the principles of tenure, however, the

343 colossal misconduct of Jamie Kim-Ross and, inter alia, the arrogant principal Howard

344 Kwait, supports the elimination of the current "UFO" (Last In First Out) law, for they

345 have caused a loss to the taxpayers of the City of New York and embarrassed all New

346 Yorkers worldwide. It is a matter of historical fact that President Obama invited India's

347 Prime Minister, Dr. Mamnohan Singh, as the first State guest of these United States and

348 then followed up with his historic statement to the joint session of Indian Parliament of

349 November 2010 as evidence of the warm and strengthened bonds between the United

350 States and India. Mayor Michael Bloomberg and new DOE Chancellor Dennis Walcott,

351 who is intimately steeped in what is needed to make New York City children get a better

"Predicated upon constitutional malice, illegal discrimination and violation of sundry federal, state and city laws, and the criminally stupid: IP Address "for the building."

13

352 education, ought to consider the termination from employment of Howard Kwait and

353 Jamie Kim-Ross. False charges and painful suspensions predicated upon scientifically

354 impossible IP addresses "for buildings" belongs in "Alice in Wonderland" rather than the

355 accepted practice in New York City schools.

356

357 ITEMS OF DAMAGE OR INJURIES SUSTAINED SO FAR AS NOW

358 PRACTICABLE: Inter alia: physical injuries to Krittika Biswas' wrists including

359 substantial pain, redness and swelling, weakness, involuntary confinement, emotional

360 injuries including difficulty sleeping and poor appetite, as attested to by Board Certified

361 Pediatrician Ishvar S. Patel, M.D. [Exhibit 13], fear, academic deficiency, libel per se,

362 defamation and embarrassment.

363

364 RELIEF and AMOUNT DEMANDED: A fair and reasonable amount that will properly

365 compensate the claimant for her pain and suffering, to wit: not less than $500,000.00 in

366 compensatory damages, a d punitive damages of not less than $1,000,000.00.

367 368 369 370 371 372

14

373 VERIFICATION

374 STATE OF NEW YORK)

375 COUNTY OF NEW YORK) ss:

376

377 KRITTIKA BISWAS, being duly sworn, deposes and says that the deponent is a

378 Plaintiff/Claimant in the within Notice of Claim. Deponent has read the foregoing Notice

379 of Claim and knows the contents thereof; that the same, as applicable, and while a

380 synopsis, is a true sum and substance to deponent's knowledge, except as to matters

381 therein stated to be alleged upon information and belief and that as to those matters,

382 deponents believe it to be true.

383

384

385 Kb.;lJ:}tla BrsiA2a.s·

386 KRITTIKA BISWAS

387

388 389 390 391 392 393

Sworn to before me this 5th day of May, 2011

Notary Public

State of New York TOdd B. Sherman Registration #02SH6161491

OU<l.lif. 'Ie. d It.'. ar e .. n x .. c r ounrv 1 .. 1

~~tnmi"lf!i .. n f;I~~ir.f\l ,; " 4 { 29-,--{:

394 Notary Public

15

EXHIBIT "1"

CONSULATE GENERAL OF INDIA NEW YORK

MOST URGENT

NYCG/ ADM/551/1/11

February 9, 2011

The Consulate General of India, New York City, presents its compliments to the US Department of State, Office of Foreign Missions in New York City and has the honour to state that Miss Kritika Biswas, daughter of Mr. Debashish Biswas, Vice Consul in the Consulate General of India, is a Grade XII student in John Bowne High School (Address: 63-25, Main Street, Flushing, New York 11367). She was arrested by the New York Police Department on February 8, 2011 and taken to Queens Court. Despite repeated requests by the parents of Miss Kritika Biswas and the officials of the Consulate that the person is a dependent child of a diplomat and herself a diplomatic passport holder, and has diplomatic privileges and immunities in accordance with the Vienna Convention on Consular Affairs, Miss Biswas was not released and has been held at Queens Court, New York since the afternoon of February 8, 2011.

In the above context, the Consulate General of India would like to draw the attention of the US Department of State to Article 40, 41 and 53 of Vienna Convention on Consular Relations, 1963, which reads as follows:

Article 40" Protection of consular officers"

The receiving State shall treat consular officers with due respect and shall take all appropriate steps to prevent any attack on their person, freedom or dignity.

Article 41 " Personal inviolability of consular officers"

1. Consular officers shall not be liable to arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.

2. Except in the case specified in paragraph 1 of this article, consular officers shall not be committed to prison to be liable to any other form of

3 East 64th Street> New York, N.Y. 10065· Tel: (212) 774-0600

Fax Nos: GENERAL (212) 861-3788· PASSPORTNlSA (212) 570-9581· COMMERCE (212) 734-4980· OCI (212) 734-1595 Website: www.indiacgny.org • E-mail: DCG: dcg@indiacgny.org • C(EPIC): edu@indiacgny.org • HOC: hoc@indiacgny.org

CPV: cpv@indiacgny.org· CT: ct@indiacgny.org • C(V): visa@indiacgny.org. VCA: vca@indiacgny.org· Commerce: corrunerce@indiacgny.org

restriction on their personal freedom save in execution of a judicial decision of final effect.

Article 53 "Beginning and end of consular privileges and immunities"

1. Every member of the consular post shall enjoy the privileges and immunities provided in the present Convention from the moment he enters the territory of the receiving State on proceeding to take up his post or, if already in its territory, from the moment when he enters on his duties with the consular post.

2. Members of the family of a member of the consular post forming part of his household and members of his private staff shall receive the privileges and immunities provided in the present Convention from the date from which he enjoys privileges and immunities in accordance with paragraph 1 of this article or from the date of their entry into the territory of the receiving State or from the date of their becoming a member of such family or private staff, whichever is the latest.

3. When the functions of a member of the consular post have come to an end, his privileges and immunities and those of a member of his family forming part of his household or a member of his private staff shall normally cease at the moment when the person concerned leaves the receiving State or on the expiry of a reasonable period in which to do so, whichever is the sooner, but shall subsist until that time, even in case of armed conflict. In the case of the persons referred to in paragraph 2 of this article, their privileges and immunities shall come to an end when they cease to belong to the household or to be in the service of a member of the consular post provided, however, that if such persons intend leaving the receiving State within a reasonable period thereafter, their privileges and immunities shall subsist until the time of their departure.

4. However, with respect to acts performed by a consular officer or a consular employee in the exercise of his functions, immunity from jurisdiction shall continue to subsist without limitation of time.

5. In the event of the death of a member of the consular post, the members of his family forming part of his household shall continue to enjoy the privileges and immunities accorded to them until they leave the

receiving State or until the expiry of a reasonable period enabling them to do so, whichever is the sooner".

The Consulate further states that the arrest of Ms. Biswas is in contravention and grave violation of the Vienna Convention on Consular Relations and the Consulate should have been informed about the action taken by the NYPD authorities. As Ms. Kritika Biswas, daughter of Vice Consul Mr. Debashish Biswas, has the privileges and immunities in accordance with the Vienna Convention on Consular Relations, the Consulate General of India, New York, requests the US Department of State, Office of Foreign Missions that Miss Biswas should be released immediately and unconditionally and joined with her parents without any delay. The Consulate would appreciate an immediate action in this regard.

The Consulate General of India, New York City, avails itself of this opportunity to renew to the US Department of State, Office of Foreign Missions in New York City, the assurances of its highest consideration.

US Department of State Office of Foreign Missions 799, United Nations Plaza 8th Floor, New York-l0017 (Attention: Mr. Murray Smith, Deputy, Director)

Copy to: Mr. Thomas Gallo, Regional Director, Office of Foreign Missions, US Department of State, 799, United Nations Plaza, 8th Floor, New York NY 10017

EXHIBIT "2"

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1'.,-,\\ I.,iilck'h. "c'C\ !'(flt I-II ,- 1.-;6~ .: I~) ~~6-(J(IiI(1

February 9 2011

:'1\11

!J:">!IZI(. i \i I

l:WI0! ;;rcst r;UITlrkr 0-1 'I(-;O?J0~1. arrest delte 2/8120-11, was dismissed by this Office prior to Criminal Court arraignment

A se:::I!" :~: (,.'rei !. h:: ~~ l>~en ~),.

'r-~_)r;·-. F Oli\">:': ! j,_"r.;~jl!fTk;rF

ihls Office v~',th the DIVISion of Criminal Justice Services (DCJS) dnd (1-:2 ~~ew

ii , . .It ti"S 'ee_)(,! 11:3'0 be,:'n s,.oalc:cl by contacting

Ihe ['.jew York ::;,tale D,V131011 of Criminal Justice Services --1 T'ovJer Pic'ice

Albany t'Jew York 12203 A,lcntlOil S83[1119 Unit

. \iery.,truly Y9uis .

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HEN IG'~iA~~ ,tAU F:ZA

EXHIBIT "3"

Offo:e of School and Yout h Development 8 eyna xo-ste-i Crref FXECUti ve Office:

OSYOOAT A@;chools.nyc.gov +7189355004 tel

Department of Education

52 Cbembe-s Street Room 218

New York, NY 100:)7

OCCURRENCE REPORT

,---------------,

DOE CONTROL NO 2S042S-D20811-D267

NYPO CONTROL NO none supplied

ATS CODE SCHOOL AND,IOR PROGRAM NAMEfNUM8ER fNC1DENT DATE & T!ME DURJN:G SCHOOL HOURS')
250425 John Bowne High School 2/8/2011 11 :30 AM Yes
REPORT BOROUGH I SUPERrNTENDENCY I GEOGR.APH1CAL D[STRlCT IS THIS REPOR T FOR fNFORivlATION ONl y
Original Queens 25 Occurrence Reported by:

Naomi Eutsey - APS

Occurrence Data Entered at:

2/8/2011 at 5.02 PM

Location of the Occurrence:

Residence

Category:

Contacts:

836

NYPD was contacted at 11 A5 AM on 2/812011

Superintendent was not contacted

Description of the occurrence

impact: A female student was arrested by PO Maldonado of the 107 pet. She sent vulgar cmails to a teacher calling her a b**"'h, r*"'k you, and made comments about her daughter Administrative action is pending.

Update

On Monday Feb. 07, 2011 teacher, Jamie Kim-Ross reported that she had received ernails vulgar from student Bi swas. Krirtika (223350224). The emails slated the following:

I. Dear Jamin Kim Ross(Caiculus teacher}:

Shit.fuck, asshole, bitch, uncle tucker, damn, rnerdc, You damned disgusting bastard, your such a pig-rucker, nobody fucks ancle quite like you. Fuck your father's assho!c Bum in hell, fat ass bitch, bum in helllllll'l!}! I! I!

2. Subject: A favor for Ms. Kim Ross

From: A fat ghetto guy who fucked Kim Ross's daughter Kim Ross IS a bitch, Kim Ross is a bitch that suck fat Jewish dick. She suck it and lick it. She suck her husband's dick with her daughter. Kim Ross's man rape her own daughter. Her daughter have sex with her father and a black ghetto son of bitch. Km1 Ross's daughter get fucked as she play her violin. Kim Ross's daughter get fucked as she performed her awful violin. Kim Ross's daughter is a young hooker to be, and soon wilt get pregnant by her favorite teacher. Kim Ross commit adultery by fucked the teacher next door. The bitch get fucked while teaching Calculus, and suck Chinese dick.lndian dick and Korean dick. Kim Ross's daughter suck random people's dick on street, she let people fuck her vagina. Please leave me your daughter's contact information so I can fuck her next time, thank you'!

3. Please go die, Kim Ross

Page lof2 Data is most current available.

If you have questions about this report, please contact OSYD at OSYOData@schools,nyc,govor +718 935 5004 lei.

Oifce of School and Youth Development 8 aym xo-eun Chef Execut ve Office

OSYDDAT A@>chools.nycgcw -4- 718 935 5004 tel

Department of Education

52 Chanbers Street Room 218

New York NY 1 (0)7

OCCURRENCE REPORrT ~__;---~-~--

DOE CONTROL NO

NYPO CONTROt NO none supplied

25Q425-020811-0267

Persons Involved Suspects

B!SW AS, KRITTlKA . Grade Level 12

Suspect was arrested, Precinct l07. This Suspect was accompanied to the Precinct by Doraida Perez - School AIde on 2/8/2011

Victims

Kim-Ross, Jamie

Page 2 of2 Data is most current available.

If you have questions about this report, please contact OSYO at OSYOData@schools.nyc.govor+718 935 5004 tel.

EXHIBIT "4"

l/l:; CONSULATE GENERAL OF INDIA NEW YORK

February 11,2011

To

Mr. Ravi Batra Attorney

142 Lexington Avenue NY-l0016

I, Debashish Biswas, Vice Consul at the Consulate General of India, New York, holding a Diplomatic Passport, natural father of Ms. Krittika Biswas, 18 years old (OOB: 31 August, 1992), also holding Diplomatic Passport, On 9 February 2011, requested and retained you as our lawyer in all legal matters regarding my daughter.

You are requested to be in touch with Mr. Howard Kwait, Principal of John Bowne High School.

d1f~~ i>;~ Debashish Biswas

Vice Consul, CGL New York

Subbas13 Sinha Vice-Consul Conliulatc <f.;n<::;.at of.,dia NcwYnrk

3 ES$t 64th Street • New York, N.Y. 10065 • Tel: (212) 774-0600

Fax Nos: GENERAL (212) 861-3788· PASSpgRTfVlSA (212) 570·9581- COMMERCE (212) 734-49~O: ADMlNlSTRATION.(Zt2_) 8:9-7914 Website: www.indiacST\y.org·E-m.il: DCG: c!e'g@indiacgny.OTg· HOC; hoc@indiacgny.orl~· CPV: cpV@l~dl~cgny.org • PRESS: cplcc@mdlacgny.o VCV: vcv@indiaegny.org • yeA: vca@indiacgny.org • Commerce: commercc@mdlacgny.org

Elayna Konstan, Chief Executive Officer

Chief Executive Officer of the Office of School and Youth Development

GENERAL EDUCATION SUSPENSION NOTICE (K-12) February 10,2011

Mr. Debashlsh Biswas

43-23 Colden Street, Apt. 23J Flushing, NY 11355

Dear Mr. Biswas:

This is to inform you that at the request of the Principal, your child, Krittika Biswas has been suspended from school by the Chief Executive Officer of the Office of School and Youth Development starting on, 2/11/2011.

Your child has been suspended because of the charges listed on the attached sheet titled "Charges." A suspension hearing has been scheduled for;

DATE: 02/17/2011

TIME: 9:00 am

PLACE: Queens Office of Student Suspensions 28-11 Queens Plaza North 2nd Floor Long Island City, NY 11101-4008

(718) 391-6055

PLEASE BE ADVISED THAT HEARINGS MAY LAST FROM 8:30 A.M. - 5 P.M.

DURING THE SUSPENSION YOUR CHILD IS TO report to the following alternate placement site: 88Q988 ALe" RF Wagner HS (118) 106--6205 located at 47..(17 30th Place, Queens, NY 11101, from 8:00 am until 2:10 pm, for altemative instruction. You may contact the school for additional information. Please accompany your child on the first day

Travel Directions to R. F. Wagner High School:

Subway:

7 to 33 Street

7, E, G, V to 23 Street-Ely Avenue

Bus: Q39 to Van Dam & 46th Street;

Q60, Q32 to Queens Blvd. and Van Dam st.

During the suspension, your child has the right to teceive homework and class work assignments. Furthermore, your child will be permitted to take any Citywide or State examinations that are administered during the suspension period for which no make up examination is permitted by the testing authority, as well as to make up school examinations that may affect your child's academic record. Please contact the Dean(s)/Assistant Principal at your child's school to arrange to do so.

Suspension is a serious step which may significantly affect your child's educational future. It is important that you and your child attend the hearing. If you fall to appear at the hearing, the hearing may be held in your absence.

If you do not wish to contest 1t1e charges, and want to waive your right to a hearing, you may do so by calling the Student Suspension Office at (71S) 391-6055. You may withdraw your no contest plea within three (3) days from receipt afor seven (7) days from the date of the mailgramlletter confirming the plea and containing the CEO's decision, whichever is later.

1

Charge(s)

RE: Krlttlka Blswas

On February 08, 2011, at approximately 11 :30 am, at John Bowne High School, Krittika Biswas

.-..,.~ .... 'f,., ,,-,_~ •• , •• ,. .• ,-".":OT'-· ........ -,.., __ .~, .. _ ',","", ,-".,:. T' ",;'I"iT~'-C"'-;'-'-:- - '-,,,; ~-". :·,·.··"t.· •• ·.,·-_ ><-,>""-,,,'''-u '

sent two ernails to Jamin Kim Ross (Teacher) stating the following:

1) Dear Jarnin Kim Ross: Shit, fuck, asshole, bitch, uncle fucker, damn, rnerde, You damned disgusting bastard, your such a pig-rucker, nobody fucks ancle quite like you. Fuck your father's asshoie. Bum in hell, fat ass bitch, bum in heIl!HI!!!!!!!!!!

2) A favor for Ms. Kim Ross From: A fat ghetto guy who flicked Kim Ross's daughter Kim Ross is a bitch. Kim Ross is a bitch that suck fat Jewish dick. She suck it and lick it. She suck her husband's dick with her daughter. Kim Ross's man rape her own daughter. Her daughter have sex with her father and a black ghetto son of bitch. Kim Ross's daughter get fucked as she play her violin. Kim Ross's daughter get fucked as she performed her awful violin. Kim Ross's daughter is a young hooker to be, and soon will get pregnant by her favorite teacher. Kim Ross commit adultery by fucked the teacher next door. The bitch get fucked while teaching Calculus, and suck Chinese dick, Indian dick and Korean dick. Kim Ross's daughter suck random people's dick on street. she let people fuck her vagina. Please leave me your daughter's contact information so I can tuck her next time, thank you!! Please go die, Kim Ross.

This behavior constitutes a danger to the health, safety, welfare and morals of your child and others at the school.

4

11/2011 15:44 FAX 2125450967

[4]001

LAWFIRMOFRAVIBATRA

*********************

RX REPORT

***

***

*********************

RECEPTION OK
TX/RX NO 9149
DESTINATION TEL #
DESTINATION ID
ST. TIME 02111 15:44
TIME USE 00'45
PGS. 3
RESULT OK wc·· Department of Education

... Cathloon P fMsc.ll. ~

Elayna Konstan, Chief Executive Officer

ef Executive Officer of the Office of School and Youth Development

GENERAL EDUCATION SUSPENSION NOTICE (K-12) February 10, 2011

Mr. Debashish Biswas

43-23 Colden Street, Apt. 23J Flushing, NY 11355

Dear Mr. Biswas:

This is to inform you that at the request of the Principal, your child, Krittika Biswas has been suspended from school by the Chief Executive Officer of the Office of School and Youth Development starting on, 2/11/2011.

Your child has been suspended because of the charges listed on the attached sheet titled "Charges." A suspension hearing has been scheduled for;

DATE: 02/17/2011

TIME: 9:00 am

PLACE Queens Office of Student Suspensions 28-11 Queens Plaza North 2nd Floor Long Island City, NY 11101-4008

(718) 391-6055

PLEASE BE ADVISED THAT HEARINGS MAY LAST FROM 8:30 A.M. - 5 P.M.

DURING THE SUSPENSION YOUR CHILD IS TO report to the following alternate placement site: 880988 ALe - RF Wagner HS (718) 706-6205 located at 47-07 30th Place, Queens, NY 11101, from 800 am until 2:10 pm, for alternative instruction. You may contact the school for additional information. Please accompany your child on the first day.

Travel Directions to R. F. Wagner High School:

Subway:

7 to 33 Street

7, E, G, V to 23 Street-Ely Avenue

Bus:

Q39 to Van Dam & 48th Street;

a60, 032 to Queens Blvd. and Van Dam St.

During the suspension, your child has the right to receive homework and class work assignments. Furthermore, your child will be permitted to take any Citywide or State examinations that are administered during the suspension period for which no make up examination is permitted by the testing authority, as well as to make up school examinations that may affect your child's academic record. Please contact the Dean(s)fAssistant Principal at your child's school to arrange to do so.

Suspension is a serious step which may Significantly affect your child's educational future. It is important that you and your child attend the hearing. If you fail to appear at the hearing, the hearing may be held in your absence.

If you do not wish to contest the charges, and want to waive your right to a hearing, you may do so by calling the Student Suspension Office at (718) 391-6055. You may withdraw your no contest plea within three (3) days from receipt of or seven (7) days from the date of the mailgramlletter confirming the plea and containing the CEO's decision, whichever is later.

1

You have the right to be represented by counsel at the hearing Because of the seriousness of this matter, it is advisable that you seek the assistance of an attorney or advisor. A list of free and low cost legal advocacy services that you may contact is included with this letter. You have the right to have an interpreter present at the hearing If you will need translation services please contact the Hearing Office immediately upon receipt of this letter Every attempt will be made to provide the requested services. However, please note that the provision of this service is dependent upon advance notice and the availability of interpreters on the date and time of your hearing. The Hearing Office will notify you prior to the date of the hearing as to whether or not it is able to provide the requested service. You may also bring your own interpreter If the hearing office is unable to provide an interpreter and/or you are unable to bring an interpreter on the scheduled date of the hearing, you may seek an adjournment

If you choose to be represented by counselor an advisor, you must notify Student Suspension Office at (718) 391-6055 at least twenty-four (24) hours (one school day) prior to the hearing.

If your child has not yet been determined to be eligible for Special Education and related services, your child may be entitled to the protection of federal law (the Individuals with Disabilities Education Act, "IDEA") Your child may be entitled to the protections that the IDEA provides if school officials had knowledge that your child was a child with a disability before the misbehavior that resulted in the disciplinary action occurred.

It is your responsibility to request IDEA protections if you think your child is entitled to them. The determination as to whether your child is entitled to IDEA protections will be made by the CEO in accordance with the law.

If you would like more information about these IDEA protections or if you wish to request the protections for your child, please contact the CSE.

PLEASE READ THE FOLLO'vViNG POINTS (1-11) VERY CAREFULLY IN ORDER TO FULLY UNDERSTAND THE SUSPENSION PROCESS, YOUR RIGHTS AND WHAT IS EXPECTED OF YOU.

1. Your child must be offered a hearing within five (5) school days of the date of the suspension If a hearing is not scheduled within five (5) school days after the suspension began, your child has the right to return to his/her school on the sixth (6th) day of the suspension, or, with your consent, to transfer to an equivalent school program. If the hearing is postponed at the request of the Hearing Office or a Department of Education employee, your child has the right to be reinstated, or to be transferred to an equivalent program with your consent.

2. You have the right to ask for an adjournment of the hearing and to have it rescheduled within five (5) school days of your request. During this period, your child's suspension will continue, and the same alternative instruction arrangements noted above will remain. If you wish to ask for an adjournment, please contact Student Suspension Office immediately at

,""""'-(718) 391-6055 if you are unable to attend the hearing with your child, you may designate an adult to represent you. This

designation must be in writing and Signed by you It must be brought to the hearing by your representative.

1 3. Prior to the hearing, you or your representative have the right to go to the school to view and obtain a copy of your child's school records including the anecdotal, permanent and guidance records, report card, transcript and all written statements relating to the incident which led to the suspension. It is recommended that you obtain these records to

\ prepare for the hearing. Your representative must have your written permission to obtain your child's records. You also have the right to obtain a copy of the Bill of Student Rights and Responsibilities, K-12.

4. The right to view and obtain in person at the school a copy of any video recording of the incident if the school shows you or your child a video recording of the incident prior to the suspension and/or the school intends to introduce the video recording at the hearing.

5. Your child's records, including written statements and video recordings of the incident leading to the suspension, may be introduced as evidence at the hearing. Your child's permanent, guidance and anecdotal records may not be used as evidence to prove the charges. If the charges are upheld, however, these records may be considered in determining the outcome of the suspension. You may bring to the hearing any material (letters of reference/recommendation) that yOU would like the CEO to review.

6. Pursuant to Chancellor's Regulation A-820, you have the right to challenge any information contained in your child's records that is inaccurate, misleading, or otherwise in violation of his/her privacy rights. If you seek to challenge an entry that may be used by the CEO in making his/her decision, the CEO will make a preliminary decision with respect to the contested entry as part of the suspension decision. This process is not intended to SUbstitute for the full appeal procedures outlined in Chancellor'S Regulation A-820.

2

7 A list of witnesses the school may ask to testify at the hearing is attached (see attached witness list). THIS LIST IS NOT BINDING. The school may choose not to call all those individuals, or to call other witnesses to testify. At the hearing, you or your representative will have the right to question the school's witnesses, introduce evidence, and present your own witnesses. IF YOU WISH TO CALL A WITNESS AND YOU ARE UNABLE TO ARRANGE FOR THAT PERSON TO ATIEND THE HEARING, YOU MAY CONTACT THE HEARING OFFICE TO HAVE A SUBPOENA ISSUED. Any requests for students or other witnesses to be subpoenaed must be made at least two (2) school days before the hearing.

8 If the suspension is not upheld by the CEO, your child has the right to be reinstated. If the suspension is upheld, or if you plead no contest to the charges, the following dispositional options are available to the CEO, depending upon the charges sustained and your child's age:

§ Reinstatement;

§ Continued suspension for a fixed period of 6-1 0 school days;

§ Extended suspension for 30-90 school days with a review for early reinstatement after 30 or 60 days;

§ One-year suspension and assignment to a Second Opportunity School for students in grades 6-12 and to an alternative program for students in grades K-5, with an automatic review for early reinstatement after six months; § One-year suspension and assignment to a Second Opportunity School for students in grades 6-12 and to an alternative program for students in grades K-5, without the opportunity for early reinstatement

§ Expulsion (only for general education students who turned 17 prior to the beginning of the school year, which begins July 1).

I Further, the suspension may be noted permanently on your child's school records, or the CEO may decide to seal that

\i.,,\ notation and/or expunge it upon your child's graduation or permanent departure from the New York City public school

. system, or at some event in the future (e.g., the end of the school year) if your child has no further suspensions that are ultimately sustained.

9. You have the right to obtain a copy of the tape or transcript of the hearing.

10. You have the right to be informed of the outcome of the suspension within two (2) days of the completion of the hearing You also have the right to have a written decision Issued within five (5) school days of the suspension hearing.

11. Further, you have the right to appeal the suspension decision. The following is an explanation of the appeal procedure.

AN APPEAL FROM THE FINDINGS AND THE DECISION OF THE REGIONAL SUPERINTENDENT MAY BE MADE TO THE CHANCELLOR, c/o THE OFFICE OF LEGAL SERVICES, 52 CHAMBERS STREET, NEW YORK, NEW YORK 10007, ROOM 308. THE APPEAL MUST BE MADE WITHIN 20 DAYS AFTER THE REGIONAL SUPERINTENDENT'S WRITTEN DECISION IS RECEIVED BY YOU, OR WITHIN 10 DAYS OF RECEIPT OF THE RECORD OF THE HEARING, WHICHEVER IS LATER. THE APPEAL SHOULD EXPLAIN THE GROUNDS FOR APPEAL AND THE RELIEF YOU REQUEST YOU MAY REQUEST A TEMPORARY DECISION FROM THE CHANCELLOR CONCERNING YOUR CHILD'S SUSPENSION AT ANY TIME PENDING DETERMINATION OF AN APPEAL. THIS REQUEST MUST BE IN WRITING.

Sincerely, Elayna Konstan Chief Executive Officer

Enc. Foreign Language Notice Charges

Witness List

Legal Advocacy Services List

3

Charge(s)

RE: Krittika Biswas

On February 08, 2011, at approximately 11 :30 am, at John Bowne High School, Krittika Biswas

sent two emails to Jamin Kim Ross (Teacher) stating the following:

1) Dear Jamin Kim Ross: Shit, fuck, asshole, bitch, uncle fucker, damn, merde, You damned disgusting bastard, your such a pig-fucker, nobody fucks ancle quite like you Fuck your father's asshole. Burn in hell, fat ass bitch, burn in hell!!!!!!II!11111

2) A favor for Ms. Kim Ross From: A fat ghetto guy who fucked Kim Ross's daughter Kim Ross is a bitch, Kim Ross is a bitch that suck fat Jewish dick. She suck it and lick it. She suck her husband's dick with her daughter Kim Ross's man rape her own daughter. Her daughter have sex with her father and a black ghetto son of bitch. Kim Ross's daughter get tucked as she play her violin. Kim Ross's daughter get fucked as she performed her awful violin. Kim Ross's daughter is a young hooker to be, and soon will get pregnant by her favorite teacher. Kim Ross commit adultery by fucked the teacher next door. The bitch get fucked while teaching Calculus, and suck Chinese dick, Indian dick and Korean dick. Kim Ross's daughter suck random people's dick on street, she let people fuck her vagina. Please leave me your daughter's contact information so I can fuck her next time, thank you!' Please go die, Kim Ross.

This behavior constitutes a danger to the health, safety, welfare and morals of your child and others at the school.

4

Re: Krittika Biswas

Non-Binding Witness List

Jamie Kim-Ross

5

2802675

New York City Department of Education WRITTEN STATEMENT FORM

FAX completed forms to (718) 9J5·5860

ATS: CENTRALlCG

STATUS

DATE OF DIRT!!

GENDER

NAME

. -_.-=======-=_ =_=--=-=---:::-:: __ ~-.-. __ --_----.--- -_-_- --- _-

Friday, November 19, 2010

I am writing to report a cyber incident of 3 student emailing me with a message

that says "Please go die, Kim Ross. s s . PI e_Jt 5:-L se.e. --f~- C\__~·f--£·{_d,\(2d_

I bel ieve the student is from my Calculus Be class for the message also says "Your dear calculus student." The email was automatically sent from httpJ/www.jolmbowne.Qrg/apps/staff/ by IF address 24.239.172.20 (computer id:O.24758661901631 163) on Thursday, November 18, 2010 at 06:10 PIvI USlEastern timezone. The email address used by the student is Fuckyou@asshole.com.

It is very clear that we have a loose cannon in our school. I am very disturbed by this email and would appreciate an immediate investigation into this matter.

Thank you very much.

Sincerely,

tF~1L_

Jamie Kim-Ross (~6L-+t--- -f ULcJ.-..~ ")

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Fonn Revision 00le712612001

STUDENT DISCIPLINE REPORT

1/31100 I TO 2/1 OIlO II

ln cid enrff a te Infraction

Penalty Suspension

2/ I 0/20 I I 105 PM _837_ Engaglr,g in

21712011932 AM 407 LT A Open Case

escort to room I I !

1119/2010930 AM Priruing otNcw 10

12115/200910:23 PrrntingofNew ID

None at the current time None at the CUI rent time

H;J;ff3

I BISW AS, KRITTIKA

ID 223350224

HR: 4ilc

DOB 01)131/92

AGE: I~

HOME PHONE: 917-376-4580

CURRENT BAL $000

Srarr Oate 02/\4/1 !

End Date 0211712011

Comments

AI" Eut scvsrudcnt iruinudauuu KHn Ros~{te3chel') ~

guidance den do not send to clr escort to room ! I I

Printing of New !D

Printing. of New 10

1:09PM

SchoollD: 425

STUDENT DlSCIPUNE REPOR T

Of

NYC Department Of Education Student Program Card

JOHN BOWNE HIGH SCHOOL

School: 25Q425

School Year: 2010

TermlD: 1

Gender F Student ID 223350224

Grade Level: II

Name: BISW AS, KRlTTrKA Sorted By: Student Name

Select Option: Group Id: 923353 Counselor PRETTITORE, LAUREN

Official Clus> 307 Official Room:

Omit Room It: Yes

Section Course Name

Teacher

Room #

Cycle Day

Period Course Code
H7
2 PLJS
3 ZLUN
4 MCIXBC
5 MCIXBC
6 E7S
7 SCIX
8 SCIX
9 H3 7

US GOVERNMENT JR SR PHYS ED LUNCH

CALC 1 AP BC CALC 1 AP BC SHAKESPEARE I CHEMISTR Y 1 AP CHEMISTRY 1 AP GLOBAL 10 TERM 1

INGRASSIA 322
COHILL GYMS
LUNCH CAFT
KIM ROSS 338
KIM ROSS 338
DRANGEL 227
TOLEDO 208
TOLEDO 208
CEDENO RODRIGUEZ 319 1 9

MTWRF MTWRF MTWRF MTWRF MTWRf MTWRF MTWRF MTWRF MTWRF

e 2010 Copyright NYC Department Of Education

J2:0(o:47PM

Student Program Cards

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P"ge 1 (")/14

NYC Department Of Education Student Program Card

'!flJ57A,\1

JOHN BOWNE HIGH SCHOOL

School: 25Q425

School Year: 2010

Tenn [0: 2

Name BISWAS, KRITTlKA Sorted By Student Name

Gender: F Student lD 223350224

Grade Level 12

OffiCial Class 4B7

Period Course Code
H8X
AAG2
PE]
ZLUN
H4
6 E8S
SC2X
SC2X Select Option Group Id 948187
Counselor: PRETTITORE, LAUREN
Section Course Name Teacher Room #
AP ECONOMICS LEVY I 316
GRAPfflCS 2 STEVENS B-15
PHYS ED PD 3 BERTHEL GYMW
LUNCH LUNCH CAFT
4 GLOBAL 10 TERM 2 CEDENO RODRlGUEZ 319
I SHAKESPEARE 2 DRANGEL 227
I CHEMISTRY 2 AP TOLEDO 208
CHEMISTRY 2 AP TOLEDO 208 R001n

Omit Room # Yes

Cycle Day

MTWRF MTWRF MTWRF MTWRF MTWRF MTWRF MTWRF MTWRF

Page loll4

e 20 II Copyright NYC Department Of Education

February Q9.101 J

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Student Program Cards

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STUDENT DEMOGRAPHICS REPORT

r!J~j rJrJ, .: __ IrJj J _0~~'

I BISW AS, KRITTIKA

HR: 4137

GRADE: no

ACADEMY: ScI",,)1

STUDENT 10: nJ,J50124

STREET 43-23 COLDEN STRFTI

CITY FI.USHING

STATE N

ZIP: 11355

HOME PHONE 917-376-45BO

WORK PHONE

SSN 22J350224

ADVISOR

BUS

UJNCH TYPE:

[JOB 08 '51 192

ENROLLMENT DAI E 12.10412009

GfCNDER

ETHNICIT),

INTENSITY

GUARDIAN(S) INFORMATION

Guardian N'!mc; RUMA BISWAS

Street

43-23 COLDEN STREET

Qlx FLUSHING

Stale NY

ZiJl 11355

8ceiationship Guardian

Home Phone

Work Phone

ParentEMaii

02111/201 12:45 PM

SchoollD: 425

STUDENT DEMOGRAPHICS REPORT

or

Page 1 of 1

-Cohill Ivan V (77Q425)

Sent: Thu 12/16/20109:30 PM

EXHIBIT "5"

GENERAL AFFIDAVIT

State of New York County of 1'0~~:S~\_j

BEFORE ME, the undersigned Notary, ~t:.~ ~ \:; ~N\ \':l \'i:'S \-\."1

this '\ ~J'.J'\\-J\ [day of month} day of \v'\~'QUv..

__ G_U_E_-_:n_L_\_\="_E__~_E__N_,(_ __ ~ [name of affiant}, known to me to be a

credible person and of lawful age, who being by me first duly sworn, on \-l. \ s: [his or her} oath, deposes

, on

[month}, 202_l, personally appeared

and Submitted the attached two page affidavit and exhibits bearing my notary stamp which set forth affiant's cts, a ng with four page exhibit 'A' and two page exhibit '8'

[typed name of eiiient]

[address of affiant, line 1J

G\2-'~fJV\LL\:_ I \IT 05747

[address of affiant, line 2J

Subscribed and sworn to before me, this ,EN""'. \,~ [momb], 20~,

[day of month] day of M ~ f\G t\

[Notary Seal:J

[signature of NotaryJ

[typed name of Notary] NOTARY PUBLIC

My commission expires: ~(j\GM\\~ \. A-, 20~.

Affidavit

State Of Vermont County of Addison, SS:

G1eb Liferenko, being duly sworn, deposes and says the following under penalty of perjury:

1) Qualifications:

Experience:

May 2001 - present - CES Computer Solutions, Inc., Plainview, NY; Lead Software Engineer;

Nov 2000 - May 2001 - Kean, Inc., NY, NY; Sr Consultant for Optimum Logistics/Stolt Nielsen;

Dec 1999 - Nov 2000 - i:FAO AG (former Intransco), Sofia, Bulgaria; Sr Software

Engineer;

]u11999 - Dec 1999 - Intransco, Inc., Sofia, Bulgaria; Sr Software Engineer;

Apr 1999 - ]ul1999 - BSS (former Insession), Sofia, Bulgaria; Sr Software Engineer; Jan 1998 - Apr 1999 - Insession, Ltd., Sofia, Bulgaria; Sr Software Engineer;

May 1994 - Jan 1998 - Point L, Ltd., Sofia, Bulgaria; Software Engineer;

Dec 1993 - May 1994 - SBS, Inc., Sofia, Bulgaria; Computer Hardware Technician; Sep 1989 - May 1990 - Public Transportation Company, Zhitomir, USSR; Computer

Hardware Technician.

Education:

Sep 1990 - May 1995 - Technical University of Sofia, Bulgaria; BS in Computer Science.

Affiliations:

Association for Computing Machinery CACM) Professional Member: http://member .acm.orgl ~gliferenko

2) I have examined an email from the home computer of Mr. Debashish Biswas located at 43-23 Colden Street, Apt. # 23J, Flushing, NY 11355, and determined that the IP address is 72.229.54.162, which belongs to the network of Road Runner LLC. Attached hereto as exhibit A.

3) I have examined the three emails supplied by the John Bowne High School as part of the charges against Ms. Krittika Biswas, to wit:

a)

Email dated 12/16/2010 at 9:25 PM

Gleb Liferenko

75 Old Stage Rd Granville, VT 05747

Apr 18,2011

Debashish Biswas 43-23 Colden Street Flushing, NY 11355

CC:

Ravi Batra Law Firm 142 Lexington Avenue NY, NY 10016-8108

Dear Mr. Biswas,

Below please find my invoice for expert witness services and travel expenses on 03/03111 - 03/04/11 and 03/10111 - 03/11111 in connection with Krittika's case:

Review and deposition (8hrs at $300.00) - $2400.00

Mileage (2 roundtrips of 660 miles from Granville, VT to NY, NY at SIc/mile) - $673.20 Road tolls (2 trips at $26.00) - $52.00

Meals (4 at $15.00) - $60.00

Hotel (2 nights at $89.00) - $178.00

Total - $3363.20

Yours Sincerely, )

G leb Liferenko

From: Rossey Charlesron <Theone@yahoo.cmo> To: Cohill Ivan V (77Q425)

Subject: Dear Ivan Cohill

b) Email dated 2/6/2011 at 1 :06 PM

From: Clark Powel <clark32@yahoo.com> Subject: A favor for Ms Kim Ross

c) Email dated 2/6/2011 at 5:34 AM

From: John Bowne high school <theone@yahoo.com> Subject: Dear Jamie Kim Ross (Calculus teacher)

The emails have an IP address different from the IP address at Mr. Biswas home, to wit: 24.239.172.20, which belongs to the network of Earthlink Inc. Attached hereto as exhibit B.

4) With a reasonable degree of certainty, based on my knowledge of the operating principles of the Internet and networking software, I can state that the 3 emails charged allegedly to Krittika Biswas did not originate from her computer at home.

-;' '

Exhibit A

Delivered-To: gleb.liferenko@gmail.com

Received: by 10.42.83.144 with SMTP id h16cs9129icl; Sun, 13 Feb 201] 14:27:56 -0800 (PST)

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s=redf; d=rediffmaiLcom;

b= YNUZQ7kA YZ8JLX89CdkdocK2wzCII 1 OLZeEZMSiASHpo UOhIEU fIx VKOmXq S XnGpIOo5TdWzBZgTD 1NHEmPduGxB 7gm VP76jKMw7pGY17 o+aDcY +elgREMOO+h QV chtitT +d4Xz1 UkIT5Ej rXcnBRTFS64g2HD9bfFgcJJQ

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Message-If): < 1297635418.S.4920.23452.F.H.TkdsZWIgTGlmZXJlbmtvAFJFOg_.f4- 234-184. bulk 1297635938 .8565@webmaiLrediffmail.com> Subject: =?utf-8?B?Rnc6IFJFOg==?=

From: "debashish biswas" <debashishr@rediffmaiLcom> Content- Type: multipart/mixed;

boundary="= _lffc29765607fld4bdaf112blde4e328" --= _lffc29765607fld4bdaf112blde4e328 Content-Type: multipart/alternative;

boundary="= _c7486d2dee132d3821bf81e978a32fe5" --=_c7486d2dee132d3821bf81e978a32fe5

Content- Transfer-Encoding: 7bit

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thanks. forwarded as advised.

Note: Forwarded message attached -- Original Message --

From: "Gleb Liferenko'' g_liferenko@servicespan.net To: "debashish biswas" debashishr@rediffmail.com Subject: RE:

Debashish

--= _c7486d2.dee 132d3821bf81e978a32feS Content- Transfer- Encoding: quoted-printable Content-Type: text/html; charset="UTF-8" thanks. forwarded as advised. <br I>

<br/>

Note: Forwarded message attached<br I> <br/>

-- Original Message --<bI' I> <bI'/>

From: "Gleb Liferenko" g_liferenko@servicespan.net<br I> To: "debashish biswas" debashishr@rediffmail.com<br />

Subject: RE:<br><br>Debashish<br><Table border=3DO Width=3D644 Height=3DS7 = cellspacing=3DO ceUpadding=3DO style=3D"font-family:Verdana;font-size:l1px= ;line-height:1Spx;"><TR><td><A HREF=3D''http://sigads.rediff.comlRealMedia/a= ds/click_nx.ads/www.rediffmail.com/signatureline.htm@Middle?" target=3D"_bl= ank"><IMG SRC=3D''http://sigads.rediff.com/RealMedia/ads/adstream_nx.ads/www= .rediffmail.com!signatureline.htm@Middle"></A></td></TR><ITable>

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boundary = "----_= _NextPart_001_01CBCBCC.02B8F575" Subject: RE: https://mail.google.com/mail/?ui=2&ik=Oa56987d ...

1 of 203/02/2011 12:57 PM

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Thread- Index: AcvL ycoBo+ ApOsxwQRmNxV c YPDHI w AAAb03a References: <20110213220041.32483.qmail@f4maiI208.rediffmail.com> From: "Gleb Liferenko" <g_liferenko@servicespan.net>

To: "debashish biswas" <debashishr@rediffmail.com>

Return- Path: g_liferenko@servicespan.net

X-OriginalArrivaITime: 13 Feb 2011 22:18:59.0190 (UTC) FILETIME=[02DB8960:01CBCBCC]

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charset="iso-8859-1 "

Content - Transfer- Encoding: quoted-printable Hi,

Could you please forward this email once again to = gleb.liferenko@gmail.com ? This way I will be sure I'm getting all the = headers.

Regards, Gleb

-----Original Message-----

From: debashish biswas [mailto:debashishr@rediffmail.coml Sent: Sun 2/13/2011 5:00 PM

To: Gleb Liferenko

Subject:=20

=20

forwarding at the request of Amit Sikdar ------_ = _NextPart_OOl_OlCBCBCC.02B8F57S Content-Type: text/html;

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<!-- Converted from text/plain format --> <P><FONT SIZE=3D2> Hi, <BR>

<BR>

Could you please forward this email once again to = gleb.liferenko@gmail.com ? This way I will be sure I'm getting all the = headers. <BR>

<BR>

--<BR>

Regards,<BR>

<BR>

Gleb<BR>

<BR>

<BR>

-----Original Message-----<BR> From: debashish&nhsp; biswas [ <A =

HREF=3 D "mail to: debashishr@rediffmail.com ">mailto: debashishr@rediffmail.co= m</A>]<BR>

Sent: Sun 2113/2011 5:00 PM<BR> To: Gleb Liferenko<BR> Subject:<BR>

<BR>

forwarding at the request of Amit Sikdar<BR> <BR>

</FONT>

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https://mail.google.com/mail/?ui=2&ik=Oa56987d ... 2 of 2 03/02/2011 12:57 PM

Exhibit B

From:

Sent:

Te

CC

S"bjcj Attachmcntl'

n1n!i"!;j ~3f1,r

\.

EXHIBIT "6"

GJeb Liferenko

75 Old Stage Rd Granville, VT 05747

Apr 18, 2011

Debashish Biswas 43-23 Colden Street Flushing, NY 11355

cc.

Ravi Batra Law Firm 142 Lexington Avenue NY, NY 10016-8108

Dear Mr. Biswas,

Below please find my invoice for expert witness services and travel expenses on 03/03/11 - 03/04/11 and 03/10/11 - 03/11/11 in connection with Krittika's case:

Review and deposition (8hrs at $300.00) - $2400.00

Mileage (2 roundtrips of 660 miles from Granville, VT to NY, NY at Slc/mile) - $673.20 Road tolls (2 trips at $26.00) - $52.00

Meals (4 at $15.00) - $60.00

Hotel (2 nights at $89.00) - $178.00

Total - $3363.20

Gleb Liferenko

EXHIBIT "7"

Sub] Fw:

Date: 5/3/201141851 P.M. Eastern Daylight Time

From: ravi@ravibatralaw.com

To: Ravibatralaw@aol.com

Sent on the Sprint® Now Network from my BlackBerry®

From: "Kwait Howie (250425)" <HKwait@schools.nyc.gov> Date: Tue, 15 Mar 2011 14:07:11 -0400

To: <ravi@raviBatralaw.com>

Cc: Eutsey Naomi (250425)<NEutsey@schools.nyc.gov> Subject: FW:

As you requested when we spoke.

Howard Kwait Principal

John Bowne H.S. 718-263-1919 HKwait@schools.nyc.gov

From: Fernandez Fernando

Sent: Tuesday, March 15,2011 1:23 PM To: Kwait Howie (25Q425); Albert Jennifer Subject:

Please see attachment

Fernando Fernandez Community Associate

New York City Department of Education Office of School and Youth Development Queens Student Suspension Hearings 28-11 Queens Plaza North, 2nd Floor Long Island City, NY 11101

Tuesday, May 03, 2011 AOL: Ravibatralaw

THE NEW YORK CITY DEPARTMENT OF EDUCATION JOE L I. K LEI N, Cfiancefwr

Office of Student Intervention and Development Student Suspension Hearings

28-11 Queens Plaza North. Long Island City, NY 11101 Seth Rosenkrantz, Director

Emil T. Micha III, Supervising Attorney

(718) 391-6055 Voice (718) 391-6022 Fax

March 15, 2011

Debashish Biswas

43-23 Colden Street, Apt. # 23J Flushing, NY 11355

RE:

SCHOOL:

OSIS No.:

SOHO No.:

Krittika Biswas John Bowne HS 223350224 11-27 -42043

Dear Debashish Biswas

Please be advised that:

• The charge(s) and suspension regarding your child, Krittika Biswas, have been withdrawn by the Superintendent;

• the suspension will be expunged from your child's records immediately.

If you have any questions about this disposition or your child's placement, please call the Hearing Office at (718) 391-6055.

Approved: s/Efayna '!(onstan, Chief Executive Officer

· EXHIBIT "8"

To Whom It May Concern

I, Deboleena Kanjilal, have known Krittika Biswas since 2007. Kriitika and I went to the same High school in India, The Cambridge School, and Kolkata. She was a year junior to me but we both were still very well acquainted. After many months, in December 2009, I met Krittika at Queens Library in Flushing. I met her family soon and ever since then, I have been very close to Krittika and her family.

On 6th February 2011, at 12.25 prn, Krittika and I left Krittika's residence to go to Target at the Sky View Mall at College Point Boulevard. We walked through Main street via Stanford Avenue to the cross-section of College point Boulevard and 40th Rd. It was Krittika's younger brothers birthday next day (02.07.2011) so we had gone to shop for his birthday party, which was being held the next day at Krlttika's residence. We entered Target around 12.4Spm and were there tiIl1.30pm. We were interested in party decorations and even though we found good amount of decorations, we wanted to see if Bjs was cheaper. So we took the elevator to the" A" level where Bjs is located. We bought meat, milk, burger buns and chocolates.

At 2.30pm, I made a call to Krittika's mother to ask her about the type of meat we should buy.

Then, we bought all the required goods and stood in line at the cash register. The bill was $121.90. Krittika was short on cash and so I paid the amount by my VISA debit card. We then waited for someone to reassemble a shopping cart we had just brought. The Bjs manager couldn't find anybody. After lSmisn of waiting, she finally managed to convince one if the doormen to assemble it. We left Bjs at around 3.20 and went to Target, this time using the elevators directly in front of Bjs to go to the fifth floor, where the back entrance of target is located.

As we came out of the elevator, we met two acquaintances from the Consulate General of India. After greeting them, we ran inside target only to realize that our shopping cart was not assembled properly and one of the shooping cart's wheels had come off. We spent 10min fixing it by ourselves. We then headed to the party section and bought all the required decorations and birthday hats. At 4.15, we left Target and then walked all the way to Western Beef, located near Maple Ave and College Point Boulevard. We were at Western beef till Spm and then we proceeded to go back to Krittika's house. We were delayed on the way, as the shopping trolley kept moving violently. We reached Krittika's house at 5.1Spm.

HONG WU JIANG

NOTARY PUBLIC, STATE OF NEW YORK UJJf-..::tT"'-IED IN KINGS COUNTY

NO. 01 H06189625

FILED IN QUEENS COUNTY COMMISSION EXPIRES JUNE 30 2012

1 '

j' Pri f" $118.38

TotJi \l1S11. 14 raj. $3.57 ::

.. ~iJ,al ~~e~:~]I~[~~IEll

!128/2010 19:33 FAX 18129411546

ACCENT

B1's Wholesale Club

Purchase History Report for Member 20650118101 Between Feb 6 2011 And Feb 6 2011

Purch Date Feb 6, 2011

Club # 206

+r Style :

pescr,

STEEL GROCERY CARr WITH BAG

lZS

25

PERDUE TENDERS CHICKEN 612.5 02 025422 ' W FARMS 128 OZ OJ FROM

:CONCNT

I

198~290 PERDUE GROUND TURKEY

25 I 982290 PERDUE GROUND TURKEY

1

42 024369 : HERSHEY 52 OZ ASSORT

i NUGGETS

44 023522 , BARilLA 6/1 LB ANGEULINGUINE

126 024542 CASUL GRMT 3:2Z CHKN SAUSAGE

31 003580 I DOMINO 4 LB LIGHT SRWN SGR

l4J004

t

KJ:(1 fit Kf) ~ f)ILL

.----

Payment
$29.99
$2.99
$2.99
$1548
$12.77
$2.99
$3.99
$7.19
$7.24
$10.29
$6.49
$9.49
$3.49 Payment with Taxes and Tender Type

1 Purch Date Club yan~actl~;';#TR-;gi~~;#:-paY~~~~-A~~~;;trT~~~rrid~~-i Tender De~cri It on ,

206 5480: 5 $121.95 ~ $3.57 I VISAi

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I'eb 28.2011

- 1 -

6:37;04 PM

\~~~~~

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[he Meat S,pe,Market (j18) 539-4900 I~ 44 ~OLLI GE POINT BL~D QUEENS NY

Refunds With This Releipt

P I ease Cher.l Your fiaC)5 I' ef ore Leav 1 ng

WI> lOCI DEli ,ShGA W~ I LAIN BPUH1C:,UM IJB I LAIN BPEADLHJI'\ WD ;00% WHT 8R[~D

31 I b @ o. 79 / I b

WI CAnIHiGE( USfI)

1 @ 4/2 00

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59 Ib @ 0 89 lib

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S; 670 eOK~ ePN

S,; 670 COK! CPN

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** * * BAlflNCE

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WB [VRf-" Mll.K ARM&HAMMER BAKlhG FLEISCHMNS RRYErSI GOUl MEDAL FLClUh A THYIIE HERB

TAX 0.51

**** BALANCE 3~.96

Cas" 40.00

CHAt,jGE S 04

I, I TAL NUMBE~: OF ITEMS SOLD ~ 2~

11'106/11 0524pf'l 2 11 1e8 411

2 99 T / ~9 F / 49 f:

1 69 F /

FLUSHING - 347-532-9942 02/06/2011 04:12 PM EXPIRES 05/07/11

1111111111111111111111111111111111111

2 61 F/
2 00 F/~
1 58 B/
0 05 F
1 58 B /
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3 49 F r:
0 7:; F/
0.99 T<'
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1.69 F/
1. ~9 F( u"vCERY 284110663

284110677

MP SHREDDED FN $0.9~

Saved $1.35 off $2.34

MP SINGLES FN $4.74 t

;; @ $2 37 ea

HOME 2530400<18 253050009 253050307 253050310

UP NAPKINS UP tUTlERY UP CUPS

UP PLATES

STATTONFRY-OFFICF

053(' il'(" d OPP BAGS T 15 @ $0,49 ea

u53Wl,J38 BANNER T

053030346 PARTY HATS T 2 @ $1.99 ea

053031522 BDAY CANDLE T 2 @ $0,99 ea

081040331 10CT CRAYOLA T

SUBTOTAL NY TAX 8.8750% on $30,35 TOTAL

CASH PAYMENT CHANGE DUE

i INDICATES SAVINGS

T T T T

$2.99 $2.99 $2.99 $2.99

$7.35 $2.04 $3.98

$1.98 $3.04

$36.( $2.E' $38.7

$40,0, $1. 2:

-1037-2451-0072-6926-3 VGD#750-283-

t· tnks ! Your purchasE. 0~lps give 5% of our lnCOme to communities

YOUI ~hpi pr Toda~ Is MICHAEL HER8E~ Y'IU SAVED ~I. <10 IN COl 'PONS TODAY!

*** SALES DATE ~HI*

Look for next weeks super values Beginning Friday thru Thursday

Q'Jality and SaVin9S Alw"ys with Wes h-rn Beef

OE80LEENA KANJILAl

I CHECKING SUMMARY I

Beginning Balance Deposits and Addrtions

A 1M & Debit card Witlldrawals Ending Balance

AUOUNT S437.68 12647 ·353.17

5210.98

Ttus message confirms that you have overdraft protection on your cheCking account

I DEPOSITS AND ADDITIONS I

DATE DESCRIPTION

02/10 An", Cash Deposit

AMOUNT S1oo.00

02124 New York state Dir Dep

PPD 10: 1133893536

Total Oeposits and Additions

S126.47

DATE 01128

IATM & DEBIT CARD WITHDRAWALSI

DESCRIPTION

Card Purehas.; Wilh Pin 01128 Target T2451 Flushing Flushing NY Card 1028

01J31

Card Purchase 01/28 U R' Dunkin #345537 New York NY Crud 1028

01131

Card Purchase With Pin 01131 Mta Vending Machines 212·Melroca NY Card 1028

20:00

Card Purchase 02104 U R' Patel Brolllers RuShing NY card 1028

Card Purcnase With Pin 02104 Mta vending Machines 212-Metroca NY Card 1028

02107

Card Purchase 02103 U R' Melropol~an Food New York NY Crud 1028

Card Purchase 02106 U W ArDy's ;f7362 Fresh Meadow NY Card 1028

02107

02107

Card Purchase With Pin 02105 staples, Inc. JaCkson Heigh NY Card 1028

02107

Card Purchase 02106 U A' Aroys 67362 Fresh Meadow NY card 1028

02107

02107

Card Purchase V'lIth Pin 02105 staples, Inc. JaCkson Heigh NY Card 1028

02107

02107

ATM Withdrawal 021064258 Main St Flushing NY Card 1028

20.00

Card Purchase 02106 U A' Bj's Wholesale;t 2 Flushing NY Card 1028

121.95

02107

Recurring Card Purchase 02105 U R' Nlj·www.Netilix Nstllix.Com CA Card 1028

2.00

2.50

tAO

6.48

3.27

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7.99

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EXHIBIT "9"

AFFIDAVIT

I, RAVICHANDRAN KALYANASUNDARAM, BEING DULY SWORN, DEPOSES AND SAYS THE FOLLOWING UNDER PENALTY OF PERJURY:

I MET MS. KRITIIKA BISWAS AND HER FRIEND MS. DEBOLEENA KANJILAL AT SKY VIEW PARK MALL, COLLEGE POINT BOULEVARD, FLUSHING AROUND 3.25 PM ON 6TH FEBRUARY, 2011 (SUNDAY) NEAR THE ELEVATOR WHILE I WAS GOING FROM TARGET STORE TO B1'S STORE LOCATED IN THE SAME MALL.

(RAVICHANDRAN K.)

(_Q\\'. >C\l--.4~4. ';;:",\ bj

BJ'S WHOLESALE CLUB 131-07 40TH RD - SUITE Al00 FLUSHING, NY

3'17 625-2959

0206 02'1 92'19 02/C

CASH-l

198 2

16 1

*********************************~ •• *** MEMBERSHIP 10. 20650119795 *** *** MEMBERSHIP EXPIRES ON 02/12 ***

CASH OR CREDIT MISSION OF INDIA

'1323 COLDEN ST APT '10 FLUSHING, NY 11355--590

E 0000000101901 NY 09/30/13

'120005800 BRWN SUG 'lLB 3 .4'
150062192 128Z SKIM 2 6(
150061101 WHOLE MILK 2 9''':
.. 319205201 CRAN/POM 2PK 7 9
3'150062192 128Z SKIM 2 6 '
4850000770 TROP OJ 96Z 7
"10000016288 B&SHTDOFRL16 1 (
716730205'1 WHT 212'1 OZ 3 '
ITEM TOT>1L R
TorAL 33
,iSTER CARD 33
XXXXXXXXXXXX9697
AUiH 67011 B THANK YOU FOR SHOPPING AT 8J'S

111111111111111111111111111111111111111111111111111111111111111111111111111

*0206206249249*

The Me~bership That Pa~s You Back

Upgrade to a BJ's Rewards Mefflbership and earn 2% Payback on most in-Club and all BJs.com purchase~

~etails at the Member Services De., or visit BJs.co~/rewards *****

Shop. BJS.COffl for savings on

,i .ous ands 0 rot her s r e a t produc t s!

:. n't n i s s out on e ne r l s L,ldh spec. r.

~~~~ ('_~~ c....9'.,.\J

D <J :::L-Vo \'2-<=\) ,

Your Membersh.p E.xjJirat.on Date .s printed On your BJ's sales receipt

~ M.m'" Care 8OO~BJ'~GLU'

III

MISSION OF INDIA RAVI KA

11

11111

This card rs mtenceo for your exclusive use and is not transferable.

Business Supplemental

Member E

AFFIDAVIT

I, BHOOP SINGH BISHT, BEING DULY SWORN, DEPOSES AND SAYS THE FOLLOWING UNDER PENALTY OF PERJURY:

I MET MS. KRITIIKA BISWAS AND HER FRIEND MS. DEBOLEENA KANJILAL AT SKY VIEW PARK MALL, COLLEGE POINT BOULEVARD, FLUSHING AROUND 3.25 PM ON 6TH FEBRUARY, 2011 (SUNDAY) NEAR THE ELEVATOR WHILE I WAS GOING FROM TARGET STORE TO BJ'S STORE LOCATED IN THE SAME MALl.

~z_~

(BHOOP SINGH BISHT)

///1'1

C-JlhfMA

f CARMEN L. JIMENEZ

Notary Public, State of New York No. 01JI607J297

Qualified in New York County J j / Qt;)mmlsslon Expires July 29, 204

B. S. Bisht

Vice Consul Consulate General of India New York

2-,'"J.._;--:t::t-Lf_obl t

J ..

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. I

1,1 , !~ . ':Ii

FLUSHING - 347-532-9942 ;106/2011 03:22 PM EXPIRES 05/07/11

1111111111111111111111111111111111111

MP EGGS FN

3 @ $1.19 ea

'SPORTING GOODS

i312 FAMILY 10

$3.57

T $13.49

SUBTOTAL T AX EXEMPT SALE TOTAL

K4197 DEBIT TOTAL PAYMENT

$17.06 $0.00 $17.06

$17 .06

2-1037-2451-0089-8875-4 VCO#752-282-74"

nkst Your purchase "ps give 5% of our borne to communities

, ,

! ..

Win a $5000 GiftCard

I .~. ;j 'j

. :f

.L

1, 1 sus about your 1 ast shopp i ng exper i ence . II at Target for a chance to wi n a

f!~ $5000 Target Gi ftCard!

Locate the Gift Registry Kiosk and select GUEST SURVEY, Or at home, log onto:

WWLl.arsm~(!QflIf.§Y['~¥: lJ$er 10: 7896 2754 9991 Password: 011 246

anos acerca de tu ultima exper tenct . ra en Target y tencras la opor tunl: de ganar una tarjeta de regal0 Target GiftCard de $5000.

el klosco del reglstro de regal os, se lecctona "Guest Survey" a vt st te

. target. com desde tu casa e lngresa ontrase~a y N· de usuario de arriba. os dl eponlbl es en "Servicio al huespeei

ONE WINNER PER MONTH!

';est must be 18 or older to enter.

Sweepstakes runs from 2/01/2011 through 04/30/2011 Corilplete rule~ at Cu .. st

'I vice Desk ann Targi-'t.;.GllI··.lli ,_.,:,', ,;rgetteam a~d family liO; {·ili! I. '

BJ S WHOLES8LE L\llb

1 3 I - 01 40TH R 0 SUITE AI 0 o

FLUSHING. NY 347-62S-29S9

0206 020 6579 123 1

02/0Ci 11 I 6 t ~ ; I

I ********I******.******.*~*.* ••

• MEMBERSHIP 10. 20650114140

••• MEMBERSHIP EXPIRES ON 02/12

CASH OR CREDIT MISSION OF INDIA

4323 COLDEN ST APT 40 FLUSHING. NY 113S5~-5'JO

E 0000000101901 NY 09/30/13

'10000024081 B&JPISTACW 1 ~l 59N
INSTANT REBRTE 1 50"-
19572 PICK N' PACK 5 nt~
3700047467 TIDE LIQUID 19 99N
71897602639 WTHRPRF GLVE 5 'JON
20'142400000 COLBY ,JACK :0 ~oN
60605598201 PRO T S Y S ,J/ - f, i ':! ':!9ri
ITEM TOTAL 6
TOTAL 6q ~3
ourON 0(1
EBlT 67 43
XXXXXXXXXXXX'1197
EFT Debit Pa'Jl'1ent from Pr 1 (llcH~Y
Sequence 114543 EXTRA SAVINGS TODAY " 3 50

THANK YOU FOR SHOPPING Al BJ'S

111111111111 ~1111I11111111111111I1111111111111111I1111111111111111111IIIII

*0206206206579*

The Membership That Pa'-ls You Back

Upsrade to a BJ's Rewards Mel'1ber5hlP and earn 2% Pa~back on !'lost in-Club and all BJS,COM purchasec

Details at the MeMber Service~ D~~~ or visit BJs.com/rewards ***1*

Shop BJs,col'1 for savt~ss on tt,ousands '0 fo ther sr-e e t produc L Oon't ... i s s Old on el"Clils ".ith fiP:

)

- ------.------__/

EXHIBIT "10"

Elayna Konstan, Chief Executive Officer OFfICE OF SCHOOL AND YOUTH DEVELOPMENT Seth J. Rosenkrantz, Di r ecto r

Emil T. Micha III, Supervising Attorney Queens Student Suspension Heanngs

28- 11 Queens Plaza North - Long Isla nd City, NY 11101

(718) 391-6055 Voice (718) 391·6022 Fax

Department of Education

Cathleen P Black Chancel/or

SUMMARY OF PROCEEDING

DATE:

Dean/A p_~_T_-'> _T_<7_' '_')_..:.P_C_;'· _I_c .. \_)_' _

Name: __ K_"~V~I __ -~_~'_i_t_'L_:~ B_I_S_l_~_"_C_~_S_"_

School

-----------------------

Telephone 17 j 8) -20-3 - J q.1 (l

Parent: __ I_)_e_. _b_,,--_"'_L./_'-I_l_'_· :.._-:_h e __ ' ~_>_Vv_ .. '-_':),,_';,

1

J-J t 0\.: C" t

Principal _

Address: 4'9 2 -3 &) I den Si jj 2-3 T

Telephone __

o No Contest

o Hearing

D Hearing in Absentia

Adjourned-Reason for Adjournment: ,:::_;(_::-_I-_1 '_' I_' '-l_/_l_V_, __ t-_fl __ e_"_>_,_3 _

o Student Remains @ ALC,

1 y I Student Reinstated Pending Hearing

N D t d T· (\/101- < h Z e,. 21) t l @ 9 AM

ew a e an Ime: ~___________ ..

If your child has an IEP or 504 plan, the MDR (Manifestation Determination Review) has been rescheduled to the second school day after the new hearing date. Please contact your child's school for further details.

George Gonzalez, Esq., Hearing Officer Telephone: (718) 391-6035

Fax: (718) 391-6022

c: Parent School

Advocatel Attorney

EXHIBIT "11"

RAVIBATRA

The Batra Building

142 LEXINGTON A VENUE NEW YORK, NEW YORK 10016

TEL (212) 545-1993 FAX(212) 545-0967

ATTENTION: z_-:!t_IL & ?d1"t/~ ,,40~hry

COMPANY: ~C ~e ,- !J(JR-ljl?LU-.._

Re: ~ ~~(7_ v- !<2/(/y,kt7\ f~t]-',jf+:s.

FAX NUMBER: (l! L) ;"1 -t,OyY

DATE OF TRANSMISSION: sit (!t( TIME: A.M.WM.

/ I ------

I/~ ~ ot .j>~1>r(JC-~

.f&.t..)/l./"ry ~o -- VI ~ !4/~ ~J; ~.t/# ;::bt.l!{~

,. ~ ,/ '#///3.>1

os:{ - ffrA'f Y £t/~ft _ /3/ r-o? rcJ~ ... \.~ j/~ /fro "/ ~Lt-I.1A:/>)J/ ~ 1135"7'

i

A::s 0', ~~ ( 4. tv-J-e fb<...~ I -ult ~ J\~ ~'f..\jL/~ (

;f~#I)._jhl'( /.)_lf5 ff1- (:30('1 (1/tOlSfT») (,l~b -2-;3o$:f0~

FOR REVIEW ~ URGEN~~ PLEASE REPLY~ PLEASE SIGN & RETURN, _

NUMBER OF PAGES, INCLUDING COVER ) h ~ j. ~

../JbPOl4A.. ~/~ ,,J qJ~/;:yJ: /"Jf5I'H -130~rl z: .b/'IJ ~ ~ ,

IF YOU 00 NOT RECEIVE A COMPLETE TRANSMISSION, OR IT lS UNCLEAR, PLEASE CALL I/f,pry - ).. 3 oJ' ~ 13;(

).../'/11

--,-A~n..,ge=la_AT 212-545-1993.

rars MESSAGE IS INTENDED ONLY FOR THE USE OFTHE INDIV~UAL-OR ENTITY TO WHICH IT IS ADDRESSED, AND MA Y CONTAIN INFORMAnON THAT IS PRIVILEGED OR CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER THE APPLICABLE LA W.IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DEUVERJNG THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NonFtED

THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING QF THIS COMMUNICA nON IS STlUCTLY PROHIBITED. IF YOU HI. VE RECEIVED THIS

COMMUNICA nON IN ERROR. PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE. AND RETURN THE ORIGINAL MESSAGE TO US VIA THE OSTAL

SERVICE. TIIANK YOU.

7~e-1 ,q/F .5 'f?r s;:,).. .... ~ f'l-r

/J ~ 1t.-/ -t >y?,.-{;I]..-..5 -ljJ.5f SENT BY:

-----?~--r-_,~~~--~

~ VV I

********************* *** TX REPORT ***

*********************

TRANSMISSION OK

TX/RX NO DESTINATION TEL # DESTINA TION 10 ST. TIME

TIME USE

PAGES SENT

RESULT

3835 17183818022

03/14 14:21 00' 18

1

OK

RAVIBATRA

The Batra Building 142LEXlNGTON AVENUE NEW YORK, NEW YORK J 0016

TEL (212) 545-1993 FAX(212) 545-0967

ATTENTION~

GIL- ~c.A~~ ,,~~A-rrrr

4:. c. /008:, !J (j.e.qJ ?t.u..__

Re: ~ &tAJW(!_ 11'- Ie/fly, /:;..<1\ £<JJ~

(:Jr) S1( -t,oyy

COMPANY:

FAX NUMBER:

DATE OF TRANSMISSION: 3/1{ If( TIME: A.M./P.M.

I I ---

_1/GJ.A..e .. ~ ot J>c.A.-J,pat?~ /~~

II'rtl1l--'f .-1/6ItQ I),':. J'4<:V4.trt~ f"o --~ ~~~;t,Jz=/-.J;/11i~ r:2) s 1 # flWlY Y 6i/rlfl - 1:1 I/O? 9d~"'l-1 If~ /I(~ '!I rw.$lfo;" ~ 1/3.

,

FO~ REVIEW _x_

UQGENT ~ PLEASE REI'L Y "'I'

P[.I';I\."F, SIGN'" RF.Tf IRN

03/15/2011 09:12

7183'316022

PAGE 01/03

N¥a

Department of Education

Ci!tMcen P. ~" Ch8M!!ffl1'f·

Eta !'r'na Kongtan, Chief Execurive Officer OVF1 ::E OF SCHOOL ANn YOU"('H DEVELOT'MENT Set] 1 Rosenkrantz, Director

Em 11'. Micha III, Supervising Attorney QUE:lUS Student Suspension Hearings

28-: 1 Queens Plaxa North - Long leland City, NY I1J.Ol

(718) 391·6055 Voice (718) 391·6022 Fax

FAX TRANSMISSION.

DATE:

$J-{(--~

TO: fv1 r. (/,01/; ~ Irtd lfSq,.,.

(11\) 5(1''") - 0'16]

FROM:

#OFPAGES: ~ (Including Cover)

RE: K, ~--"JS"""_---

COMMENTS:

~~. !>po.es.0 Qn c,..g

Cd ffl.-t. ~ ""- ~ r2"~

~urt tl,.( V\ Jyz.o,

/'

tv I ~~ pu c..o-.-,_ d-.5c('$S 12+ 1l1 .. ~.i)i" f.lO V t <L, "':) ~

03/15/2011 09:12

7183916022

Cathlegn P. Slack Chancellor

Elayna J ~onstau., Chief Executrve Officer' OFF1CE 01 SCHOOT_ AND )"OTJ'I'H DEVEl,OPMEN'J' Seth Ro fenkrantz. Director

Emil T. 11ioha III. Sutlervising AttOl:'ney Queena f tudent. Suspension Hearings

26·11 Qt !~};ns Plaza North. Long Isla1\d City, NY 11101

(718) 391·6065 Voice (7 W 391-6022 Fax

SUBPOENA AD TESTIFICANDUM

DATE: "3/15"/ 1/

TO: J..l~At) 01 ~~ C-vP-/ry --fc,/~' SCll~gll!l .:t!Z.:. 2c.j LoLI~1e; Pot~ ~lvd.. REQUESTED BY: 1<.("; '('fl~ 131..,4&6

By the But] orlty given to me pursuant to Section §32t4 of tile New York State Education Law, I h rreby direct you, Hu4D af '5U'c....v/t.·!.'/ - 'lAfl..LYtJ"I'"', to

/ .

appear and give tes limony at the Superintendent's Suspension Hearing in the

Matter of _l5n.:t ,-, KA &,£<A:t'5 JOh n I !22 t,.vVl ~ 14:5 .

• a student suspended from

You are to report tp: Z8-11 Queens Pla~ No .. 2nd Floor. Long Island City, NY U 101

*-Vou arc also required to appear on any subsequent rescheduled date.

I MPOltr ANT NOTICE ~ PLEASE READ CAREFUl.L Y

Pursuant w S lelion § 2308(6) of the Civil Pra(tice Law end Rule$. your railulI: to CQmply with this subpoena could result in any of or (Ill erme follJWln~ actions:

A couT1 ordCI .dIrecting YO\1f atwrdmcc: the imposition by lIjudgc orthc SUpreme COl.lrt of eosts not excocdillg fifty dollnrs ($50.00); oco~ft iml'olK! t pennlty ofu" to fifty ($SO.OO). plul dlimogc$ to be paid to the person on who,c bchalftflis subpoena \VtIS Issued: the: issuallllC by t .e court ora WllfT8tll directing the shc:ritlto bring yOu before the officer who is hcamg the SU$Cnslon proceeding to which y(l~ were subpoenae<l.

QUEENS'OFFlce OF STUDENT SUSPENSION FiEARINGS

. 26·1 QU9C!ns Plaza No .. ' 2M FlOor-Long lsIand City· NY 11101' Telaptlone (718) 391-6055 • Fa~ (718)391.6022

03/15/2011 09:12

7183915022

PAGE 03/03

Cathleen P. Black ChancC!lIor

Elayna I ~onstan, Chief Executive Officer OFFICE O~ SCHOOL AND yourn DEVELOPM)llNT

Seth ROI .enkrantz, DiJ:ector .

Ewl T. 1 Hehe. tIl, Supervising Attorney Queens ~ tudent Stlspenl3ion Hearings

28-11 Qu ~ens Plaza ~orth . Long Island City. NY 11101

(71S) 391-6056 Voice (718) 391-6022 Fax

SUBPOENA AD TESTIFICANDUM

DATE: ....,;. 3~!,_/~~+i_'i-( _

TO: 5Aa..y i...;..·t£-=u.:..,:_'IV=-=~~r _

~~'

Sen@@ls ):2 J. ~,- r~l-07

By the auth :>rity given t? me pursuant to Section §3214 (If the New York State

Education Law, 1 hI reby direct you, ~ 41' ,( ~IA s i .

I

.. to

appear and give tes- Imony at the Superintendent's Suspension Hearing in the

, a student suspended from

You ate to report tc : 28-11 Queens Plaza No-, 2nd Floor. LOBS Island Cizy, NY 11101

at " ~~ ~I

_ ,~p.m.

*.' 'ou arc also required to appear on Ilny subsequent rescheduled date.

IMPORT ANi J'lOT1CE - PLEASE READ CAREFULI.. Y

PUTBUant to Se ~tion § 2308(B) of tile: Civill'rllcticc Law and Rules, your fllilule to c:omply with mi5 subpoeno could result In MY of or oR of the fo11· wing aotiOTls;

A court order lireeling your IIttcnclencc: the imposition by a Judge of the Sup~o Co~ of OOat$ not exceeding fifty dollars ($SO.OO): a court lrnpesee penalty o(\lP to fi1\y (SSO,OO). plus damages to be paid to the person ori whose bchalfthis subpoena waq issued: the ills\l8IICC by th , eourt ofa watTMl direoting the shetiff to brin,g you before the officer who is hellfhg the 5Uspensioll proceeding to whicl1 you ycro $UbJlQcnBed.

QUEENS 'OFFice OF STUDENT SUSPENSION HEARINGS

28·11 ~eens Plaza NO ... 2"'1 FlOOr • LOng Island City· NY 11101' Telepttone (718) 391-6055 • Fax (718) 391-8022

03/15/2011 08:12 FAX 2125450967

LAWFIRM.UFKAVltlATKA

l!6J VVl.

RECEPTION OK

TXlRX NO DESTINATION TEL # DESTINATION ID ST. TIME

TIME USE

PGS.

RESULT

********************* *** RX REPORT ***

*********************

9204 7183916022

03/15 08:11 00'31

3

OK

EXHIBIT "12"

04/06/201111:56 FAX 2125450S6{

~ VV I

********************* *** TX REPORT ***

*********************

TRANSMISSION OK

3873 17183816022

TX/RX NO DESTINATION TEL # DESTINA nON 10

ST. TIME

TIME USE

PAGES SENT

RESULT

04/06 11:56 00' 18

1

OK

RAVIBf\TRA

The Batra Building

142 LEXINGTON AVENUE NEW YORK, NEW YORK 10016

TEL (212) 545-1993 FAX(212) 545-0967

ATTENTION:

(~/L- &ck/~

IVY.:: ~~'C -~7 ~7 ):_, tS/J W (1)

COMPANY:

Re:

FAX NUMBER: (1/ r) .3 '7/_ ~ oY~ ~

DATE OF TRANSMISSION: ~4 TJ~E; /0 'If O.fP.M.

/: 7: '!7!0!t'~ :yilfl,.. c_~./ / t/-if tl_

-

XI

PLEASE SICN & RETURN

URGFNr

PLEASE ru);pl. Y

RAVIBATRA

The Batra Building

142 LEXINGTON AVENUE NEW YORK, NEW YORK 10016

TEL (212) 545-1993 FAX(212) 545-0967

ATTENTION:

(fZ1 11-- &- c,0, 1 ~

IV'( c._ ~ ~ f_ - c4p_w, 7 ,/-71'1 )_ I 8/JwtrS

COMPANY:

Re:

FOR REVIEW _j(J_ URGENT__ PLEASE REPLY

NUMBER.6;rAGES; INCLUDING COVER_-+--_

PLEASE SIGN & RETURN _

IF YOU DO NOT RECEIVE A COMPLETE TRANSMISSION, OR IT [S UNCLEAR, PLEASE CALL

_!:!A""ng""e""la,--_AT 212-545-1993.

THIS MESSAGE IS INTENDED ONLY FOR THE USE OFTHE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED, AND MAY CONTAIN INFORMATION THAT IS PRIvILEGED OR CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER THE APPUCABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIlILE FOR DELJ;VEIUNC THE MESSAGE TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT A!'IY DISSEMINATION, 1llSTlUBUTION OR COPYING OF THIS COMMUNICATION IS STRlCTLY fROOmmW. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, PLEASE NOTIFY USIllfMEDIATELY BY TELEPUONE, AND IlETURN THE OIUGINALMESSAGE TO US VIA THE U.S. POSTAL SERVICE. THANK YOU.

04/06/2011 10::;':; 1"/11\ LIC:J,+;:JViJOI

*************************** *** ERROR TX REPORT ***

***************************

TX FUNCTION WAS NOT COMPLETED

TX/RX NO DESTINATION TEL # DESTINA nON 10 ST, TIME

TIME USE

PAGES SENT

RESULT

3872 17183916022

04/06 10:58 00'00

o

NG

#0018 BUSV/NO SIGNAL

ATTENTION:

COMPANY:

RAVIBATRA

The Batra Building

142 LEXINGTON AVENUE NEW YORK, NEW YORK 10016

TEL (212) 545-1993 FAX(212) 545-0967

Re;

(;tfIL- &Lht~

nc_ ~/) t. - ~7 M.'1 J_ I 6/JwtH;

FORR~VI&W~

PLEASE SlGN & RJ!.;nJRN, __

URGtNT_ PLEASE RJ':Pl.Y

L.n III "'-III· • ...., •••••• -_ ••• -- .

*************************** *** ERROR TX REPORT ***

***************************

TX FUNCTION WAS NOT COMPLETED

TX/RX NO DESTINATION TEL # DESTINATION 10 ST. TIME

TIME USE

PAGES SENT

RESULT

3871 17183916022

04/06 10:58 00'00

o

NG #0018 BUSV/NO SIGNAL

ATTENTION:

COMPANY:

.... ~

,

RAVI5ATRA

The Batra Building

142 LEXINGTON AVENUE NEW YORK, NEW YORK 10016

TEL (212) 545-1993 FAX(212) 545-0967

Re:

{~/'__ I/rckr~

!VfC- ,b1J f: - ~7 ft-r7 Ie, ~/Jw~

FOR REVIEW _~

URGENT_ Pl,.&A.SE REPL v

PLEASE SlGN & RETURN, __

EXHIBIT "13"

ISHVAR S. PATEL

14404 45t~ ~.D .• LA.A.P.

Flushing N venue

T . e~~ York 11355

elephone (71~) 5397366

v2 .- ) / r / (

is / ! c-: (,.)

jC J! -~

(I t L" . \..

X

-r": !

!

c! ( (' j.)/ V'.)' . .J

(("fl.'!) t'

ji 0) I

t.-" L" )

!. S Pa'oll'

14' 'n, .ID ~AA

_'.().44" ,r- P

FlushinQ "~lvenuc 718/r..!,,, - 11355

,)V<7-73ee

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