Ex-Catskill medic asks state’s highest court to hear case

CATSKILL―A former Catskill paramedic is asking New York’s highest court to decide whether state Department of Health (DOH) disciplinary procedures violate his constitutional rights.

Justin Ball is facing a $10,000 fine and revocation of his EMT-Paramedic certification from the DOH due to alleged patient mistreatment. The charges stem from a May 2024 call on Main Street in Catskill that was caught on a nearby home security camera.

Ball, who resides in Middleburgh, filed a lawsuit against the DOH in New York State Supreme Court in Schoharie County, arguing that he is entitled to a jury trial rather than a DOH hearing―and Judge Thomas Marcelle agreed.

The DOH, represented by the New York State Attorney General’s Office, appealed the ruling to the Appellate Division of the State of New York, Third Judicial Department that on April 23 reversed Marcelle’s decision.

Ball and his attorney, Bradley M. Pinsky of Syracuse, are continuing to fight and have now taken the argument to the New York State Court of Appeals, the court of last resort for most cases.

Ball maintains that the Seventh Amendment to the U.S. Constitution, as made applicable to the states through the Due Process Clause of the Fourteenth Amendment, entitles him to a civil jury trial in Supreme Court to determine whether he is liable for civil penalties and revocation of his EMT license.

Currently, 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,” according to Ball’s initial court filings.

His lawsuit specifically cites a June 2024 U.S. Supreme Court decision, Securities and Exchange Commission v. Jarkesy, in which the 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.” The same rationale used to decide that case should also apply when interpreting the New York State Constitution, Ball claims.

In Ball’s case, any monetary penalty would go to New York State, not the alleged patient victim. Furthermore, the lawsuit claims the DOH charges against Ball are not unlike those that could be presented in a civil court.

Marcelle in his 27-page decision, stated that if Ball “did everything that DOH says he did, he is deserving of punishment.”

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

The Third Department disagreed, handing down an opinion and order last month stating, in part, “the right to a trial by jury provided in the NY Constitution does not extend to those proceedings concerning professional licensure ‘where the object is not the punishment of the offender, but to purge of an unworthy member a profession in which purity of conduct and character are all important’.”

The New York State Court of Appeals decides approximately 80–120 cases annually. Decisions are generally final, but cases can be brought to the U.S. Supreme Court (SCOTUS) if they involve a significant federal question, such as a violation of the U.S. Constitution.

Meanwhile, the patient in the case, Thomas Weygant, and his wife Rose Weygant filed a civil lawsuit in State Supreme Court in Greene County in May of 2025, against Ball, now-former EMT Laura 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.

Three days after the call, Catskill Town Supervisor Patrick McCulloch issued a statement saying, “The Town and the two members of the ambulance service who were involved with the recent incident have agreed to part ways.”

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