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Judge issues fines in Gaynor case

A month after holding accused sexual abuser Edwin Gaynor in contempt of court for refusal to appear for a deposition, Associate New York State Supreme Court Justice Hon. Steven M. Jaeger is levying a $250 a day fine against the Ossining resident until he agrees to be deposed.

Edwin Gaynor, right, poses with a basketball team from IHM in the 1980s. Since last November, 30 accusers have come forward with allegations of sexual abuse against the former teacher and coach.

Since last November, 30 lawsuits have been brought against Gaynor, now 86, and his co-defendants—which include both the Archdiocese of New York and several area catholic schools including Immaculate Heart of Mary in Scarsdale—alleging that he used his position as a teacher and coach at these institutions to molest children from the 1950s until the 1980s. In 2019, Gaynor wrote handwritten letters to the law offices of Lowey Dannenberg P.C., which represents all but one of the accusers, in which he admits wrongdoing in two of the cases. Despite those admissions, Gaynor—who has not retained legal representation—has steadfastly refused to appear for a deposition hearing ignoring court orders.

Jaeger has twice issued orders for Gaynor to appear—once on March 26 and again on Aug. 7—that were summarily disregarded by the defendant, who cited poor health as an obstacle to compliance with the ruling.

A proposal filed by Lowey Dannenberg P.C. on Nov. 11 petitioned the judge to issue an arrest warrant for Gaynor in order to compel his testimony, but Jaeger, in his Nov. 20 ruling, acknowledged the defendant’s advanced age and concerns raised by the COVID-19 pandemic as the reasoning behind levying financial penalties against the defendant instead of taking Gaynor into custody. He did, however, warn that if Gaynor continues to refuse the court order, he may revisit that decision.

“It is hereby ordered an adjudged that the defendant Edwin Gaynor shall be monetarily fined $250 per day beginning upon the date of entry of this Order and continuing until such time as Gaynor appears for his deposition and produces the requested discovery,” he wrote. “In the event Gaynor is uncooperative, refuses to answer any questions, or if any other disputes arise at Gaynor’s deposition, counsel [should] make contact the Court for guidance.”

Although the financial penalty for continued non-compliance would be a steep one, Jaeger’s ruling was handed down with the caveat that, should Gaynor agree to be deposed by Dec. 3—or at a time and place agreed to by all parties involved—the fines would be forgiven.

Despite the apparent victory, however, counsel for the plaintiffs is not confident that the latest court order will compel Gaynor to appear. According to a Dec. 2 affidavit signed by retired Mount Vernon detective Paul Puccini—who served Gaynor with the court order on Nov. 23—the defendant seemed unmoved by news of the potential penalties.

“During my discussion with Mr. Gaynor, I indicated that the Court’s Order imposes a fine of $250 if he does not appear at his deposition,” Puccini swore. “Gaynor responded by smirking and shrugging his shoulders, an indication that he did not care and was not going to appear at the deposition on Dec. 3.”