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.

Parties

1.                 Petitioner and Plaintiff William M. Windsor (“Windsor”) is a resident of Cobb County, Georgia with his residence at 3924 Lower Roswell Road, Marietta, GA 30068.  Windsor operates a business that sells tours and activities offered in Niagara Falls New York, New York City, Niagara Falls Ontario, and Toronto Ontario.

2.                 Respondent and Defendant State of New York (“NY State”) is one of the 50 United States of America and is organized under the New York Constitution.  NY State may be served by serving an Assistant Attorney General at the Office of the Attorney General, The Capitol, Albany, NY 12224.  Petitioner brings this action against NY State as the entity responsible for all of the actions of its officers, agencies, and executive employees.

3.                 Respondent and Defendant George Pataki (“Governor Pataki”) was Governor of the State of New York in 2002.  For legal purposes, former Governor Pataki maintains an office at the State Capitol, Albany, NY 12224.  As Governor in 2002, Governor Pataki was responsible for executing the laws of New York State.  Petitioner brings this action against Governor Pataki in his official capacity as the highest executive branch official for the State of New York in 2002.

4.                 Respondent and Defendant David Paterson (“Governor Paterson”) is Governor of the State of New York.  He maintains an office at the State Capitol, Albany, NY 12224.  As Governor, Governor Paterson is responsible for executing the laws of New York State.  Petitioner brings this action against Governor Paterson in his official capacity as the highest executive branch official for the State of New York.

5.                 Respondent and Defendant New York State Office of Parks, Recreation and Historic Preservation (“OPRHP”) is an agency of the State of New York.   New York State Office of Parks, Recreation and Historic Preservation maintains an office at Empire State Plaza, Agency Bldg #1, Albany, NY 12238. 

6.                 Respondent and Defendant Bernadette Castro (“Ms. Castro”) was Commissioner of the New York State Office of Parks, Recreation and Historic Preservation in 2002.   Ms. Castro’s principal place of business for legal purposes is New York State Office of Parks, Recreation and Historic Preservation, Empire State Plaza, Agency Bldg #1, Albany, NY 12238.  Petitioner brings this action against Ms. Castro in her official capacity at times relevant hereto.

7.                 Respondent and Defendant Carol Ash (“Ms. Ash”) is currently Commissioner of the New York State Office of Parks, Recreation and Historic Preservation.   Ms. Ash’s principal place of business is New York State Office of Parks, Recreation and Historic Preservation, Empire State Plaza, Agency Bldg # 1, Albany, NY 12238.  Petitioner brings this action against Ms. Ash in her official capacity at times relevant hereto.

8.                 Respondent and Defendant Christopher Pushkarsh (“Mr. Pushkarsh”) was the Director of Concessions & Contract Administration of the New York State Office of Parks, Recreation and Historic Preservation in 2002, and he represented OPRHP in many dealings with MOTM.   Mr. Pushkarsh’s place of business for legal purposes is New York State Office of Parks, Recreation and Historic Preservation, Empire State Plaza, Agency Bldg #1, Albany, NY 12238.  Petitioner brings this action against Mr. Pushkarsh both personally and in his official capacity in 2002.

9.                 Respondent and Defendant New York State Office of the State Comptroller (“NYSOSC”) is an agency of the State of New York.  The State Comptroller’s principal place of business is New York State Office of the State Comptroller, 110 State Street, Albany, NY 12236. 

10.            Respondent and Defendant Carl McCall (“Mr. McCall”) was State Comptroller of the New York State Office of the State Comptroller in 2002.  Mr. McCall’s principal place of business for legal purposes is Office of the State Comptroller, 110 State Street, Albany, NY 12236.  Petitioner brings this action against Mr. McCall in his official capacity at times relevant hereto.

11.            Respondent and Defendant Thomas P. DiNapoli (“Mr. DiNapoli”) is currently State Comptroller of the New York State Office of the State Comptroller.  Mr. DiNapoli’s principal place of business is New York State Office of the State Comptroller, 110 State Street, Albany, NY 12236.  Petitioner brings this action against Mr. DiNapoli in his official capacity at times relevant hereto.

12.            Respondent and Defendant Office of New York Attorney General (“NYAG”) is the senior legal official with the State of New York.  The New York Attorney General’s principal place of business is Office of the Attorney General, The Capitol, Albany, NY 12224. 

13.            Respondent and Defendant Eliot L. Spitzer (“Governor Spitzer”) was New York Attorney General in 2002.  Former Governor Spitzer’s principal place of business for legal purposes is Office of the Attorney General, The Capitol, Albany, NY 12224.  Petitioner brings this action against Governor Spitzer in his official capacity at times relevant hereto.

14.            Respondent and Defendant Andrew M. Cuomo (“Mr. Cuomo”) is currently New York Attorney General.  Mr. Cuomo’s principal place of business is Office of the Attorney General, The Capitol, Albany, NY 12224.  Petitioner brings this action against Mr. Cuomo in his official capacity at times relevant hereto.

15.            Respondent and Defendant Maid of the Mist Corporation (“MOTM”) is a New York corporation.  MOTM’s principal place of business is 151 Buffalo Avenue, Suite 204, Niagara Falls, New York 14303. 

16.            Respondent and Defendant James V. Glynn (“Mr. Glynn”) is the CEO of MOTM, and he signed an agreement on behalf of MOTM with OPRHP.  Mr. Glynn’s principal place of business is 151 Buffalo Avenue, Suite 204, Niagara Falls, New York 14303, and his home address is 687 Mountainview Drive, Lewiston, NY 14092.

17.            Respondent and Defendant Christopher Glynn (“Christopher Glynn”) is the President of MOTM, and he has coordinated many of the dealings between MOTM and OPRHP.  Christopher Glynn’s principal place of business is 151 Buffalo Avenue, Suite 204, Niagara Falls, New York 14303, and his home address is 35 Evermay Lane, Williamsville, New York 14221.

18.            Respondent and Defendant Edward J. Rutkowski (“Mr. Rutkowski”) is the former Deputy Assistant Commissioner for OPRHP in 2002, and he signed the 2002 NY License contract on behalf of OPRHP with MOTM.  Mr. Rutkowski’s home address is 4286 East Frontier Drive, Blasdell, NY 14219.  Petitioner brings this action against Mr. Rutkowski both personally and in his official capacity in 2002.

19.     Defendants Does 1 to 100 (“Does”) are unknown at this time.  Plaintiff anticipates that other individuals were involved with Mr. Glynn, Christopher Glynn, Mr. Pushkarsh, and Mr. Rutkowski.