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.

PRELIMINARY STATEMENT

This is a combined Article 78 proceeding to enforce the Parks Recreation and Historic Preservation Law (“PRHPL”) and the New York State Finance Law (“NYSFL”), action seeking injunctive and declaratory relief because STATE OF NEW YORK, GEORGE PATAKI, DAVID PATERSON, NEW YORK STATE OFFICE OF PARKS RECREATION AND HISTORIC PRESERVATION, BERNADETTE CASTRO, CAROL ASH, CHRISTOPHER PUSHKARSH, EDWARD J. RUTKOWSKI, NEW YORK STATE OFFICE OF STATE COMPTROLLER, CARL MC CALL, THOMAS DiNAPOLI, OFFICE OF THE NEW YORK ATTORNEY GENERAL, ELIOT L. SPITZER, AND ANDREW CUOMO (“Government Respondents”) failed to perform duties enjoined upon them by law and because the Government Respondents proceeded without or in excess of jurisdiction; and because a determination was made in violation of lawful procedure, was arbitrary and capricious, and was an abuse of discretion.  This action is also a Verified Complaint that seeks damages due to fraud and violation of Windsor’s rights.