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.       Windsor’s discovery of wrongdoing with NPC in Ontario

C.       Windsor’s discovery of wrongdoing AND DISHONESTY BY MOTM, STEAMBOAT, JAMES V. GLYNN, AND CHRISTOPHER GLYNN

e.       2002 NY License between OPRHP and MOTM

f.      New York State Finance Law and Sole Source Providers

g.      Windsor’s Discovery of wrongdoing with OPRHP in New York

h.      Efforts by Windsor to get 2002 NY License Invalidated

LEGAL ARGUMENT

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

B.      OPRHP did not utilize a formal competitive process to procure elevator and boat service at Niagara Falls State Park, and the 2002 NY License violates the New York State Parks, Recreation and Historic Preservation Law.

C.      NYSFL REQUIRED COMPETITIVE BIDDING BEFORE ISSUING THE 2002 NY License, 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 MOTM.

f.      MOTM does not qualify as a Sole Source Provider.

G.      A 40-Year Sole source Contract violatES THE SPIRIT OF THE LAW AND THE LETTER OF THE NYSFL.

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 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.      Windsor has exhausted all administrative remedies.

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

N.      Petitioner has standing to sue pursuant to C.P.L.R.

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

NYSOSC 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 an alleged sole source provider violated the NYSFL.

FIFTH CAUSE OF ACTION PURSUANT TO ARTICLE 78

OPRHP violated NYSFL Section 163 10. b (ii).

SIXTH CAUSE OF ACTION PURSUANT TO ARTICLE 78

OPRHP 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