New York Lawsuit

On November 20, 2009, William M. Windsor filed a lawsuit in Albany, New York against the State of New York, the Governor of New York, the Attorney General of New York, the New York State Office of the State Comptroller, the  New York State Office of Parks, Recreation and Historic Preservation, Edward J. Rutkowski, Maid of the Mist Corporation, James V. Glynn, and Christopher Glynn.  The lawsuit seeks to void the agreement between the State of New York and Maid of the Mist Corporation.  The lawsuit also seeks $58 million in damages.

COVER SHEET

PRELIMINARY STATEMENT

PARTIES

JURISDICTION AND VENUE

FACTS

a.       BACKGROUND

B.       WILLIAM M. Windsor’s discovery of wrongdoing with THE NIAGARA PARKS COMMISSION in Ontario

C.       WiLLIAM M. WIndsor’s discovery of wrongdoing AND DISHONESTY BY MAID OF THE MIST CORPORATION, MAID OF THE MIST STEAMBOAT COMPANY LIMITED, JAMES V. GLYNN, AND CHRISTOPHER GLYNN

D.       Efforts by WILLIAM M. Windsor to get Ontario lease tendereD BY THE NIAGARA PARKS COMMISSION

E.       2002 NY License between THE NEW YORK STATE OFFICE OF PARKS RECREATION AND HISTORIC PRESERVATION and MAID OF THE MIST CORPORATION

F.      New York State Finance Law and Sole Source Providers

G.      WILLIAM M. Windsor’s Discovery of wrongdoing with THE NEW YORK STATE OFFICE OF PARKS RECREATION AND HISTORIC PRESERVATION in New York

H.      Efforts by WILLIAM M. Windsor to get 2002 NY License INVALIDATED BETWEEN MAID OF THE MIST CORPORATION AND THE NEW YORK STATE OFFICE OF PARKS RECREATION AND HISTORIC PRESERVATION

LEGAL ARGUMENT

A.      AN Article 78 Proceeding IS APPROPRIATE, and injunctive and declaratory relief should be granted.

B.      THE NEW YORK STATE OFFICE OF PARKS RECREATION AND HISTORIC PRESERVATION did not utilize a formal competitive process to procure elevator and boat service at Niagara Falls State Park, and the 2002 NY License WITH MAID OF THE MIST CORPORATION violates the New York State Parks, Recreation and Historic Preservation Law. 

C.      NEW YORK STATE FINANCE LAW REQUIRED COMPETITIVE BIDDING BEFORE ISSUING THE 2002 NY License TO MAID OF THE MIST CORPORATION, BUT THE STATE OF NEW YORK FAILED TO REQUIRE COMPETITIVE BIDDING. 

D.      Government Respondents failed to honor the basic purpose of New York’s Competitive Bidding Statutes, AND THEY BREACHED THEIR FIDUCIARY DUTY.

e.      THE 2002 NY LICENSE MAKES A SIGNIFICANT FALSE REPRESENTATION AS TO MAID OF THE MIST CORPORATION. 

f.      MAID OF THE MIST CORPORATION does not qualify as a Sole Source Provider.

G.      A 40-Year Sole source Contract FOR MAID OF THE MIST CORPORATION violatES THE SPIRIT OF THE LAW AND THE LETTER OF THE NEW YORK STATE FINANCE LAW.

H.       The 2002 procurement of elevator service and boat service was not carried out responsibly BY THE STATE OF NEW YORK.

I.      The 2002 NY License WITH MAID OF THE MIST CORPORATION was not made available for public inspection as required by NYSFL.

J.      The 2002 NY License was obtained through fraud.

K.      The State of New York has the power to terminate the 2002 NY License. 

L.      WILLIAM M . Windsor has exhausted all administrative remedies.

M.      The actions of Government Respondents in granting the 2002 NY License TO MAID OF THE MIST CORPORATION violated lawful Procedure, were arbitrary and capricious, and constitute an abuse of discretion. 

N.      Petitioner WILLIAM M. WINDSOR has standing to sue pursuaNt to C.P.L.R. Section 78.

STATEMENT OF CLAIMS – ARTICLE 78

FIRST CAUSE OF ACTION PURSUANT TO ARTICLE 78

Respondents violated the New York State Parks, Recreation

and Historic Preservation Law (“PRHPL”)

SECOND CAUSE OF ACTION PURSUANT TO ARTICLE 78

Respondents violated the New York State Finance Law.

THIRD CAUSE OF ACTION PURSUANT TO ARTICLE 78

New York State Office of the State Comptroller violated the New York State Finance Law

and published opinions of the State Comptroller.

FOURTH CAUSE OF ACTION PURSUANT TO ARTICLE 78

A 40-year contract with Maid of the Mist Corporation as an alleged sole source provider

violated the New York State Finance Law.

FIFTH CAUSE OF ACTION PURSUANT TO ARTICLE 78

The New York State Office of Parks Recreation and Historic Preservation

violated New York State Finance Law Section 163 10. b (ii).

SIXTH CAUSE OF ACTION PURSUANT TO ARTICLE 78

The \New York State Office of Parks Recreation and Historic Preservation

violated Public Authorities Law Section 2879.

 SEVENth Cause of Action PURSUANT TO ARTICLE 78

Maid of the Mist Corporation has violated the 2002 NY License.

STATEMENT OF CLAIMS – verified complaint

EIGHTH CAUSE OF ACTION

Fraud

NINTH CAUSE OF ACTION

Common Law Fraud

TENTH CAUSE OF ACTION

Civil Conspiracy

ELEVENTH CAUSE OF ACTION

Intentional Misrepresentation

TWELFTH CAUSE OF ACTION

Violation of Due Process and Deprivation of Rights – 42 U.S.C. § 1983

REQUEST FOR RELIEF

AFFIDAVIT OF VERIFICATION OF WILLIAM M. WINDSOR

DEMAND FOR JURY TRIAL