Published: November 08, 2009 11:11 pm      

COURTS: City attorneys respond to suit filed by Matteo Anello

City lawyers say a federal lawsuit filed by the brother of former Mayor Vince Anello is “frivolous.”

They also say, in a filing in U.S. District Court in Buffalo, that Matteo Anello failed to file his suit within time limits required by law and any injuries he suffered while being arrested during an incident at a City Council meeting were his own fault.

The response to the Anello lawsuit, prepared by Assistant Corporation Counsel Tom O’Donnell, asks that the case be dismissed. The matter, which is pending before U.S. District Court Judge William Skretny, has been referred to U.S. Magistrate Judge Leslie Foschio for review. It is unclear how long the matter will be under review.

Anello is seeking unspecified damages for what he claims were his false arrest and imprisonment and malicious prosecution after an incident at an Oct. 22, 2007, City Council meeting. Anello’s suit names the city, current Councilmen Robert Anderson Jr., Samuel Fruscione, Charles Walker and Chris Robins, former Councilman Lewis “Babe” Rotella and a Cataract City cop as defendants.

He claims they all bear responsibility for violating his constitutional and civil rights.

O’Donnell, however, replies that Anello created the need for his arrest by his own conduct at the meeting.

“If (Anello) was injured ... then such injures were brought about, in whole or in part, by unlawful and careless activities of (Anello) without any culpable conduct on the part of the defendants,” O’Donnell wrote in his court filing. “This claim (by Anello) is frivolous and without any merits whatsoever.”

Anello claims he was “falsely arrested and falsely imprisoned” after Anderson ordered him removed from the City Council Chambers. He was speaking during a portion of the Council meeting designated for public comments.

“(Anello) intended to speak on derogatory statements defendant Anderson has made regarding Italian-Americans,” his lawsuit says. “Approximately two minutes into (Anello’s) statement, defendant Anderson declared that (Anello) did not ‘have the floor.’

The former mayor’s brother charges Anderson then directed a police officer, who was stationed at the Council meeting to keep order, to remove him from the chambers. The lawsuit claims the officer used excessive force.

O’Donnell says the officer did exactly what he was supposed to do.

“The actions of (the officer) constituted lawful police conduct which (was) reasonable and necessary to effect and process the arrest of (Anello) for violations of the Penal Law of the State of New York,” the city lawyer wrote. “The conduct complained of was the conduct of a police officer ... and was proper, legal and justified ... and occurred when the officer attempted to effect a lawful arrest.”

While Anello claims the police officer pushed him down, wrenched his left arm behind his back and handcuffed him. a Gazette story on the arrest reported that the officer asked Anello to stop speaking and leave, but that he refused.

His lawsuit claims Anello suffered “contusions on his chest and upper legs, pain in his neck, back and left shoulder, public humiliation and emotional distress” during his arrest.

After multiple postponements of court hearings lasting over a year and a half, City Court Judge Diane Vitello gave Anello an adjournment in contemplation of dismissal on the charges he faced. If Anello remains out of legal trouble until Nov. 30, the case against him will be formally dismissed.