Leticia James, Letter

FOIL Emails: AG Omitted Key Schlesinger Incidents From “Pattern Misconduct” Report

Summary

  • Newly obtained FOIL emails show the NY AG’s Law Enforcement Misconduct Investigative Office (LEMIO) was notified about additional incidents involving former New Rochelle officer Lane Schlesinger.
  • Despite that, the AG’s May 24, 2024 “pattern misconduct” report left out Marc Fishman’s case and other documented incidents within the two-year review window.
  • LEMIO Chief Tyler Nims confirms by email that the AG’s investigation is closed and that omitted incidents “were not part of the referral,” advising Marc to “consult a private attorney.”

Open Letter & Email Record

From: Marc Fishman
To: Simone.Manigo@ag.ny.gov (Office of the NY Attorney General)
Date: April 7, 2025
Subject: Missing information in your “pattern misconduct and abuse report” on Lane Schlesinger (Executive Law § 75(5)(b) referral)

Thank you for your report (1-793542917) designating Lane Schlesinger as the only Westchester officer flagged for “pattern misconduct and abuse.”

I left multiple messages asking why my case was not listed. In other AG “pattern” reports, every pending §1983 and civil rights lawsuit is disclosed. Your report omitted my case, even though misconduct occurred within the two-year period of the referral from Chief Robert Gazzola (New Rochelle).

Key omissions include:
• Withheld exonerating precinct video (9.5 hours) and audio in my January 2020 proceedings; false testimony and incomplete evidence reports; failure to sign Kalief (CPL §245) discovery certification.
• Evasion of service (lawsuits/subpoenas) by Schlesinger, noted in your own FOIL emails.
• Supervisor Lt. Robert Wenzler’s notes that Schlesinger missed desk-duty days.
• Order of Protection: Schlesinger brought only 2 of 3 pages, omitting the page stating “not served.”
• Disability discrimination pattern under NYS Human Rights Law, §504 Rehab Act, and ADA—overlooked in your findings, despite multiple disabled complainants among Schlesinger’s 25+ disciplinary entries.

The Second Department (Feb 26, 2020) ruled that my unserved OOP allowed limited supervised visitation, yet I was falsely arrested. This timeline falls within your review window.

I request: a call, an addendum or amended report, and inclusion of the three 2023/2024 incidents reported to you by Lt. Wenzler (Internal Affairs). The new DA, Susan Cacace, will not act while your report remains incomplete.

This has cost me contact with my four children for 1,690+ days. Please contact me to address these omissions.

Follow-up
From: Marc Fishman
To: Simone Manigo (OAG), Sen. Gustavo Rivera staff
Date: April 21, 2025

Two weeks with no response regarding the incomplete investigation. This is a public “pattern” report. Please return my call today.

AG Reply
From: Tyler Nims, Chief, LEMIO (OAG)
To: Marc Fishman
Date: April 23, 2025
Subject: Re: Missing information in your “pattern misconduct and abuse report”

The OAG has concluded the referral investigation of former Officer Schlesinger.
The FOIL materials reflect what we can share.
The incidents you describe were not part of the referral or our investigation.
We are not taking further action on those allegations; you may consult a private attorney.

Why This Matters

  • The AG’s public “pattern misconduct” letter omits known incidents, including Marc’s case and other IA-flagged events, despite a two-year review mandate.
  • The office’s own FOIL correspondence references Schlesinger’s evasion of service, yet the public report is silent on that pattern.
  • Disability-based misconduct allegations were not addressed, contrary to the AG’s stated civil-rights mission.

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