Suit Against FD Alleges False Arrest and Conspiracy

A lawsuit accusing a volunteer fire department, two firefighters, three police officers, and two law enforcement agencies with assault, battery, false arrest, conspiracy, and a host of civil rights violations, has been removed to the US District Court for the Eastern District of New York. Steven Makowsky filed suit earlier this year naming the Lawrence-Cedarhurst Fire Department, Firefighter Joshua Kirschner, Deputy Chief Meyer Adler, Nassau County Sheriff’s Department, Nassau County Police Department, and three officers as defendants.

The facts as alleged in the complaint are complicated, arising out of an incident that occurred on February 7, 2023 that resulted in Makowsky’s arrest. Quoting from the complaint:

• On the morning of February 7, 2023, at approximately 8:20am, PLAINTIFF a religious and practicing jew, married father, local business owner, and resident of Nassau County was alone in his car in his business office parking lot located at 557 Willow Avenue, Cedarhurst New York, County of Nassau, State of New York.
• Plaintiff MAKOWSKY, was threatened, menaced, assaulted, battered, menaced and harassed by Defendant KIRSCHNER, who for no legitimate reason followed Plaintiff to his place of business located at 557 Willow Avenue, Cedarhurst New York, County of Nassau, State of New York in an LCFD SUV vehicle.
• Earlier that morning, Plaintiff MAKOWSKY had been inside a coffee/cheese store located at 532 Central Ave, Cedarhurst New York near his office when Defendant KIRSCHNER, a volunteer firefighter for LCFD entered the shop from the front street entrance.
• Plaintiff MAKOWSY and Defendant KillSCHNER were prior litigants in a civil case related to construction work done on PLAINTIFF’s house by KIRSCHNER.
• Defendant KIRSCHNER had previously harassed and shown animosity towards Plaintiff and his wife.
• Defendant KIRSCHNER, who is much physically larger than Plaintiff, walked near and around Plaintiff when he was in the store.
• Plaintiff left the store out the back parking lot entrance of the coffee shop and Drove to his place of business nearby on Willow Avenue.
• Defendant was driving a large White LCFD SUV vehicle, #3281 with his LCFD partner Nicole Diblasio in the passenger seat.
• Defendant KlRSCHNER quickly sped to Plaintiff’s place of business pulling his LCFD over to the left side of the one-way road blocking and trapping Plaintiff who was still in his car.
• Defendant KIRSCHNER then screamed and cursed at Plaintiff, and made threats against him including but not limited to threats to kill and destroy Plaintiff.
• During the encounter Defendant KIRSCHNER’s vehicle was so close to Plaintiff that he spat on Plaintiff from his higher position and Plaintiff believed Defendant would exit his vehicle and further attack him.
• That the actions of Defendant KIRSCHNER placed Plaintiff in fear of imminent physical injury and harm and he was subjected to unwanted contact being spat upon.
• That while trapped by Defendant KIRSCHNER, Plaintiff’s coffee splattered on both his own car, himself and the much higher SUV.
• That Plaintiff called 911 at approximately 8:22am to report the threats and harassment and entered his building to get away from Defendant KIRSCHNER.efendant KIRSCHNER.
• That Defendant KIRSCHNER moved the SUV vehicle, put on its lights, and was standing outside of it with lights flashing when the Defendant police officers BETTES, CHECCO, named herein from the NCPD 4th precinct, arrived.
• That after 911 was called to report the assault of Plaintiff MAKOWSKY by Defendant KIRSCHNER, Plaintiff MAKOWSKY was immediately and painfully handcuffed inside his own office building by Defendant TCPD officer BETTES, interrogated by Defendants BETTES, CRECCO and COSTELLO in front of his wife and business partners while handcuffed and without Miranda warnings arrested, and then charged with criminal offenses.
• That Plaintiff was charged with criminally assaulting defendant KIRSCHNER with splashed coffee despite the fact Defendant KIRSCHNER is on bodycam video initially stating to the Officers that he was not injured by Plaintiff and that it is cold out.
• It is only after being prodded by the Officers captured on bodycam that Defendant KIRSCHNER then alleged he had some pain from the coffee that splashed on him and Plaintiff.
• Both Defendant KIRSCHNER and his partner Desibio also lied on camera that they were driving to the LCFD firehouse which is clearly refuted by available video evidence.
• That the actions of the Defendants caused Plaintiff great fear, pain, stress, mental anguish, anxiety, emotional distress and alarm for which Plaintiff seeks monetary damages (compensatory and punitive) against Defendants, an award of costs and reasonable attorney fees, and such other and further relief as this Court may deem just and proper.

Charges against Makowsky were dropped, prompting him to file suit in Nassau County Supreme Court. Kirschner had the case removed to US District Court last Friday. Here is a copy of the removal petition and the original complaint: