Appellate court to hear case involving former Catskill paramedic

CATSKILL―A state appellate court is set to hear a case involving a former Town of Catskill paramedic who is arguing that New York State Department of Health (DOH) disciplinary hearing procedures violate his constitutional rights.

Justin Ball is facing a hefty fine and revocation of his EMT-Paramedic certification from DOH as the result of a call on Main Street in Catskill in May of 2024. A video that showed Ball and his EMT partner purportedly mistreating their elderly patient went viral, ultimately resulting in his resignation from the Town of Catskill Ambulance and DOH charges.

Ball, who resides in Middleburgh and was scheduled to appear before a DOH administrative law judge, filed a lawsuit in September of 2024 against the DOH in New York State Supreme Court in Schoharie County arguing that the hearing infringes upon his right to due process and that he is entitled to a jury trial.

State Supreme Court Judge Thomas Marcelle agreed.

“In the end, here is what all the fuss is over―a jury trial is not as swift and certain as an administrative hearing,” Marcelle concluded in his April 2025 decision.

“DOH may be right that honoring the Constitution will hamper and frustrate its pursuit of penalizing Ball. The Seventh Amendment may be a pain in DOH's posterior,” Marcelle wrote.

Represented by the New York State Attorney General’s Office, DOH is appealing the decision to the Appellate Division of the State of New York, Third Judicial Department, that is scheduled to hear arguments on February 10, according to court records. A decision could take weeks to months.

Should Marcelle’s decision withstand the appeals process―however far it could go―it could be a game changer for how New York State handles these types of disciplinary charges.

Section 12-a of the New York State Public Health Law provides that the DOH “commissioner… shall not be bound by the laws of evidence in the conduct of hearing proceedings.” Ball argues that he has the right to a jury trial in State Supreme Court, “utilizing the rules of evidence applicable to civil matters, with the same burden of proof available to defendants in civil matters.”

Ball’s lawsuit specifically cites a June 2024 U.S. Supreme Court decision, Securities and Exchange Commission v. Jarkesy, in which the high court held that “an individual has a right to a jury trial when they are charged by a federal agency with the same type of allegations as could be made by a citizen, and where the result could be a monetary penalty which is not designed to make such an aggrieved person whole.”

Ball, represented by the Pinsky Law Group of Syracuse, faces DOH fines of up to $10,000. That monetary penalty would go to New York State, not the alleged patient victim.

The incident that brought about the DOH charges happened around 7 p.m. on May 17, 2024, when Catskill Ambulance was dispatched to 466 Main Street for a 911 call reporting a man who was unable to get up and experiencing difficulty breathing. A neighbor’s outside security camera captured the interactions that patient Thomas Weygant had with Ball, and now-former EMT Laura Mastrantuono.

Mastrantuono, who resigned from both Catskill Ambulance and Windham Ambulance after the incident, surrendered her EMT certification on June 5, 2024, according to DOH.

“What happened, at least according to Respondent Department of Health's (DOH) telling, is a disturbing story. A 63-year-old man had fallen and couldn't get up. Ball believed that the patient was faking. As a result, he lacked any modicum of sympathy. Instead, Ball heaped scorn and ridicule upon the patient,” Marcelle summarized in his 27-page decision.

“Upon arriving at the hospital, it turned out the patient was not feigning sickness; he was quite ill,” Marcelle noted.

“Ball quickly realized that his mistreatment of the patient might spell trouble for him. So, he decided to secretly record a conversation with the patient where he attempted to cajole the patient into casting Ball's actions in a favorable light. The gambit failed. Upon a complaint by the patient outlining the above allegations, DOH lodged charges against Ball,” Marcelle continued.

“DOH set in motion the bureaucratic machinery to fine Ball and to revoke his license. DOH scheduled a hearing; but Ball did not like this forum,” Marcelle wrote. “Instead of adjudication by DOH, Ball wants a jury to decide if he did these horrid things.”

The Seventh Amendment, as made applicable to the States through the Due Process Clause, “grants, affords, and entitles” Ball to a civil jury trial in New York State Supreme Court to determine whether he is liable for and subject to civil penalties under Public Health Law and subject to revocation of his EMT-Paramedic license, Marcelle ruled.

“If Ball did everything that DOH says he did,” Marcelle added, “he is deserving of punishment.”

“However, it seems wise to recall that the Seventh Amendment exists to protect the individuals, particularly unpopular ones,” he concluded.

Meanwhile, Weygant and his wife Rose Weygant filed a civil lawsuit in State Supreme Court in Greene County in May of 2025, against Ball, Mastrantuono, the Town of Catskill and Town of Catskill Ambulance.

The lawsuit states that Thomas Weygant is developmentally disabled and multiple health issues require him to utilize a wheelchair or walker. He was suffering from diabetic shock accompanied by unsteadiness and balance problems, prompting his wife to call 911, the lawsuit notes.

Ball and Mastrantuono responded and, according to the lawsuit, “forced Mr. Weygant to slide down the outdoor stairs of his apartment building on his backside, unassisted.”

“EMT defendants chose not to use the stretcher, but rather forced Mr. Weygant to crawl onto the ambulance using his hands and knees, and without assistance… while they mocked and taunted him,” the lawsuit alleges.

“Weygant unsuccessfully heaved himself on the stretcher and it ultimately fell off it. Rather than assist Mr. Weygant, who was now stuck between the stretcher and ambulance wall, EMT defendants continued to verbally taunt and abuse him for his inability to raise himself off the floor,” the lawsuit continues.

“Defendant Mastrantuono violently dragged Mr. Weygant’s arm, causing him to scream in pain. Defendant Ball violently dragged Mr. Weygant by the legs towards the back of the ambulance, causing further pain and embarrassment,” the lawsuit alleges, adding that, “EMT defendants then ordered him to get on the stretcher if he wanted to get to the hospital, but again deliberately withheld assistance.”

Thomas Weygant was transported to Columbia Memorial Hospital where he remained for several days.

The lawsuit, seeking unspecified compensatory and punitive damages, remains ongoing.

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