By MIKE SMITH – Sports Editor
Amid a recent coronavirus spike and a shakeup in law firms, the legal proceedings against alleged sexual abuser Edwin “Ted” Gaynor have stalled somewhat in the recent weeks, says one lawyer familiar with the cases.
Scott Papp, an attorney at Lowey Dannenberg, P.C.—a White Plains law firm that had been handling 29 Child Victims Act lawsuits leveled against Gaynor, the Archdiocese of New York, and Gaynor’s former employers at several local parishes—explained that progress on the cases has stalled as counsel for both sides await further instruction from the courts and Associate New York State Supreme Justice
Hon. Steven M. Jaeger.
“With Covid flaring up, there has been a real worry that the courts would shut down again,” Papp said. “There’s been kind of a holding pattern for the last few weeks.”
According to Papp, concerns about the coronavirus—and the 85-year-old Gaynor’s health—prompted Jaeger to dismiss a motion filed by the plaintiffs on Dec. 7, 2020, requesting that Gaynor be arrested by the Westchester County Sheriff’s Department on Jan. 14, 2021, should he fail to agree to a appear for a deposition before that date.
The denial was sent via email to counsel for both the plaintiffs and defendants but was not entered into the court docket.
Since November 2019, 33 accusers have come forward with allegations of abuse against Gaynor, alleging that the Ossining resident used his position as a teacher and basketball coach at area Catholic schools to sexually assault minors from 1959 to 1987.
Gaynor has twice been held in contempt of court for his failure to comply with court orders regarding a deposition. On Nov. 20, 2020, Jaeger levied a $250-per day fine against Gaynor until he agreed to be deposed. As of press time, Gaynor has incurred $14,750 worth of fines for his unwillingness to testify, although he did admit to molesting two of his former students at IHM in handwritten letters from 2019 that have been admitted into evidence.
Papp says it is unlikely that Gaynor will ever be forced to make restitution to the courts. “The fines are basically theoretical,” he told the Review.
A compliance hearing has been scheduled for Jan. 26, during which time Jaeger will likely map out the future schedule of the case and address any concerns introduced by counsel.
One noticeable difference when the case resumes is that the firm of Lowey Dannenberg P.C. will likely no longer be involved in the proceedings. On Jan. 4, Barbara Hart, the Lowey Dannenberg president who filed the first lawsuit against Gaynor in 2019 on behalf of David B. Fox, announced that she was stepping away from the company to join the New York City-based firm of Grant & Eisenhofer P.A.
As of press time, 26 of the 29 clients formerly represented by Hart at Lowey Dannenberg have agreed to have their cases handled by her new firm.
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