Mark Zaretsky
New Haven Register, Conn.
(TNS)
Jul. 11—NEW HAVEN — Former Assistant Fire Chief Orlando “Woody” Marcano and four other present and former fire officials have withdrawn a lawsuit in which he had argued they worked to undermine his ability to lead the department, representatives on several sides said.
Marcano, who retired in 2020, filed suit in 2019 against Fire Chief John Alston, then-Local 825 Union President Frank Ricci, then-Assistant Fire Chief Mark Vendetto and then-administrative assistant Cherlyn Poindexter in Superior Court in New Haven, according to a copy of the complaint.
Vendetto, Ricci and Poindexter have all since retired.
Marcano, the department’s first Latino assistant chief, said in court documents that Vendetto and Ricci sought to interfere with his professional relationship with the New Haven Fire Department.
The lawsuit also claimed Poindexter obtained and shared a recording of a private phone call in which Marcano expressed his frustration with taking over responsibility for negotiating with vendors, ordering new clothing and distributing uniforms that had accumulated for years.
The lawsuit claimed Alston failed to provide appropriate oversight or knock down false claims by Ricci and Vendetto.
On Aug. 2, 2023, Superior Court Judge Robin Wilson granted summary judgment in favor of all the defendants in the matter.
Some rulings state Marcano was unable to present sufficient evidence to support his claims.
Marcano and his attorney, Patricia Cofrancesco, appealed in October because she said they believed he was treated unfairly at the department. But earlier this year, all sides agreed to withdraw their claims.
Marcano withdrew his appeal and agreed not to pursue claims against all four defendants in exchange for their agreement not to pursue vexatious litigation claims against him, Ricci said in a news release, calling the disposition “a resounding victory.”
“This lawsuit represented a weaponization of the legal system,” Ricci said in the release, adding the case should not have been filed.
Alston said he agreed to settle because he felt the sides were at a stalemate.
“I felt that we had reached an impasse, and in the interest of protecting the city’s tax dollars, I agreed to mutual release,” Alston said. “I did not want the city to spend any more on this.”
Confrancesco said Marcano had an “unblemished 25-year record” in the department where he held various ranks of distinction.
“Before the appeal was briefed, Orlando Marcano, after careful consideration, and with the utmost deference to the continued toll that further litigation would have on the well-being of his family and loved ones, elected not to pursue the appeal three months ago and happily moved on with his life,” she said.
“He and the other parties to the appeal have signed mutual releases and presumably, they have also moved on with their lives,” Cofrancesco said.
The releases were filed in April and the withdrawal was formally filed in court on June 13, she said.
Attorney Eric Brown, who represented Ricci and Vendetto, said in a release that he was pleased with the decision and believes the court’s ruling and the decision to withdraw the appeal vindicates their actions.
“Mark and Frank have always represented the men and women of the New Haven Fire Union fairly and without bias,” Brown said in the release. “Their integrity has never been questioned and their service to the union has always been a fine example of how coming together for a common cause can better the lives of all involved.”
Attorney David Monastersky, who represented Poindexter, said in the release that Poindexter is pleased with the outcome.
“Ms. Poindexter has been adamant since day one that she did not record Mr. Marcano,” Monastersky said in the release. “She appreciates the court’s thorough review of the case and its decision in her favor throughout the litigation.”
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Fire Engineeing Editor’s Note: John Alston and Frank Ricci are longtime contributors to Fire Engineering and instructors at FDIC International.
