IN RE MATTER OF WILLIAM M. WINDSOR v. STATE OF NEW YORK

No. 9808-09, RJI No. 01-09-ST0926.

2010 NY Slip Op 30457(U)

In the Matter of the Application of, WILLIAM M. WINDSOR, Petitioner and Plaintiff, For a Judgment Pursuant to Article 78 of the Civil Practice Law and Rules, v. STATE OF NEW YORK, GEORGE PATAKI, DAVID PATERSON, NEW YORK OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION, BERNADETTE CASTRO, CAROL ASH, CHRISTOPHER PUSHKARSH, NEW YORK STATE OFFICE OF THE STATE COMPTROLLER, CARL McCALL, THOMAS D. DiNAPOLI, OFFICE OF NEW YORK ATTORNEY GENERAL ELIOT L. SPITZER, ANDREW CUOMO, MAID OF THE MIST CORPORATION, JAMES V. GLYNN, CHRISTOPHER GLYNN, EDWARD J. RUTKOWSKI, AND DOES 1 TO 100, Respondents and Defendants.

Supreme Court, Albany County.

March 7, 2010.


Attorney(s) appearing for the Case

William M. Windsor, Marietta, Georgia, Petitioner/Plaintiff Pro Se.

Andrew M. Cuomo, Albany, New York, Attorney General of the State of New York, Attorney for New York State Respondents and Defendants Adrienne J. Kerwin, Esq. of Counsel.

Phillips Lytle, LLP., Buffalo, New York, Attorneys for Maid of the Mist Corp., James V. Glynn and Christopher Glynn Marc W. Brown, Esq. of Counsel.


DECISION and ORDER

JOSEPH C. TERESI, Judge.

The pro se petitioner/plaintiff commenced this action to set aside a 40 year lease agreement between the Maid of the Mist Corporation ("Maid") and the NYS Office of Parks, Recreation & Historic Preservation ("State") for the operation of boat excursions under Niagara Falls and in the Niagara River. The petitioner served a hybrid verified petition and verified complaint alleging the license agreement was obtained...

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