N. Merrick BOE attorney D'Agostino charges his rights were violated

North Merrick School District attorney Albert D'Agostino is fighting back. After recently finding out that the state comptroller plans to revoke is annual $108,088 public pension again, D'Agostino filed a federal lawsuit on Dec. 10 alleging that his civil rights were violated.

The suit, which was filed in U.S. District Court, says Comptroller Thomas DiNapoli and three of his attorneys denied D'Agostino his right to due process when they revoked his pension after determining that he was working as a private contractor. The lawsuit claims D'Agostino's 5th and 14th amendment rights were violated, and that he should have been given a hearing as well as adequate notice of the claims against him before his public pension could be revoked.

D'Agostino's attorney, James Roemer, said they are seeking compensatory and punitive damages, claiming that D'Agostino's reputation was tarnished by the ordeal, but Roemer wouldn't say how much they are looking for. He did reference a similar case — Morgenstern v. Nassau County — where the defendant recouped more than $500,000 in damages because of a 14th amendment violation. "His case is worth several times more than they awarded Morgenstern," Roemer said.

In 2000, D'Agostino began collecting his state pension for 28 years of service — 21 of which were granted retroactively — even though he had been paid as a private contractor. D'Agostino was reported as an employee of the Valley Stream 30, North Merrick and Lawrence school districts.

District 30 has since replaced D'Agostino's law firm, Minerva and D'Agostino. However, officials there have said the switch was not because of the pension issue and that his firm was one of the finalists after it went out to bid for law services in the summer of 2008.