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Legal claim alleging DA Rain harassed former employee has expired, attorney says

Posted 5/6/16

By JIMMY LAWTON CANTON – A legal claim filed by a former St. Lawrence County employee against District Attorney Mary Rain and her office has exceeded the statute of limitations, according to a law …

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Legal claim alleging DA Rain harassed former employee has expired, attorney says

Posted

By JIMMY LAWTON

CANTON – A legal claim filed by a former St. Lawrence County employee against District Attorney Mary Rain and her office has exceeded the statute of limitations, according to a law firm handling the case.

Former St. Lawrence County Assistant District Attorney Brenna Ryan was fired by Rain in January of 2015. In April 2015 Ryan Ran filed a notice of claim against Rain. She alleged that Rain used foul language, made sexually explicit comments, and showed favoritism toward male employees by giving them more training, information and guidance.

However, an attorney from the Albany-based law firm Burke, Scolameiro, Mortati and Hurd, LLP, who represents Rain in the case says a claim filed against Mary Rain has expired.

“She filed a notice of claim. When you do that you have a year and 90 days to take action. I believe that deadline occurred toward the end of last month,” Todd Mortati said.

Mortati said he took hours of testimony from Ryan and found that there was “no merit” to her claims.

“I’m pretty confident that this will be the end of it,” he said noting that the timetable for pursing state action has passed. Mortati said it is possible, but unlikely to pursue action at a federal level.

Attempts to contact Ryan’s attorney at Frumkin & Hunter LLP, White Plains, were unsuccessful.

Although he was not immediately available for comment Legislator Joseph Lightfoot R-Oswegatchie estimated that the county had spent roughly $40,000 on attorney’s fees related to defending Rain against claims.

In this case the county hired a second firm to defend the SLC District Attorney’s Office. The office was represented by Hancock Estabrook, LLP, Syracuse.

The claim filed by Ryan against Rain was among many of the issues cited by St. Lawrence County legislators in their recent call to the state to investigate the District Attorney.

Legislators, former employees, a defense attorney and a county judge have accused Rain of various missteps since taking office in 2014.

Most recently Judge Jerome Richards recused himself from all cases involving Rain after he sent a grievance to the Committee on Professional Standards.

In the case of serious misconduct that committee has the power to commence disciplinary proceeding, which can result in the public censure, suspension or disbarment of an attorney.

Meanwhile the county awaits a response from the state on whether or not it will investigate Rain.