2023 Daniel T Warren V Gary A Dickson Et Al - Responding Papers

FILED: ERIE COUNTY CLERK 01/27/2024 08:43 PM INDEX NO.
815817/2023
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 01/27/2024
SUPREME COURT: STATE OF NEW YORK

COUNTY OF ERIE
DANIEL T. WARREN,
Petitioner NOTICE OF CROSS-MOTION
vs Index No.815817/2023
GARY DICKSON, INDIVIDUALLY AND IN HIS
CAPACITY AS THE SUPERVISOR FOR THE

TOWN OF WEST SENECA, NEW YORK, ET AL
Respondents
PLEASE TAKE NOTICE that upon the affirmation of CHRIS G. TRAPP, ESQ.,
dated January 27, 2024, and upon all the pleadings and proceedings heretofore had herein,
Respondent, GARY DICKSON, INDIVIDUALLY AND AS THE SUPERVISOR OF THE

TOWN OF WEST SENECA, NEW YORK, THE TOWN OF WEST SENECA, AND JUDITH
KINDRON will move this Court at 9:30 a.m. on February 1, 2024 before the Hon. Catherine
Nugent Panepinto, J.S.C., at Supreme Court, located at Part 5, 92 Franklin Street, Buffalo, NY
14202 for an order pursuant to CPLR 7804 dismissing the petition.
Dated: January 27, 2024
Buffalo, New York
Respectfully submitted,
Chris G. r , .
GRECO T PP, PLLC

Attorneys f Respondent TOWN OF WEST
SENECA PLANNING BOARD
14 Lafayette Square, Ste. 1700
Buffalo, New York 14203
(716) 856-5800
[email protected]
To:
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FILED: ERIE COUNTY CLERK 01/27/2024 08:43 PM INDEX NO. 815817/2023
Daniel T. Warren
Plaintiff Pro Se
836 Indian Church Road
West Seneca, New York 14224
Telephone: (716) 822-0476
Email: [email protected]
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SUPREME COURT: STATE OF NEW YORK

COUNTY OF ERIE
DANIEL T. WARREN,
Petitioner AFFIRMATION
vs Index No.815817/2023
GARY DICKSON, INDIVIDUALLY AND IN HIS
CAPACITY AS THE SUPERVISOR FOR THE

TOWN OF WEST SENECA, NEW YORK, ET AL
Respondents
Chris G. Trapp, affirms upon information and belief, that
He is an attorney duly licensed to practice in the State of New York and is a member of
Greco Trapp, PLLC, attorneys for the Town of West Seneca. He is also the Attomey for the
Town having been so appointed on January 3, 2022 and has had an opportunity to review the
submissions relative to this matter and all of the files of the Town. By reason of his association
with this matter, he is fully familiar with the facts and circumstances contained herein.
This affirmation is made in opposition to the Motion for a Default Judgment and in
support of the Cross-Motion to Dismiss. The gravamen of Petitioner's action deals with the
hiring of Judith Kindron, a co-defendant, as an employee of the Town of West Seneca by the
Supervisor of the Town, Gary Dickson, and then ultimately the Town Board of the Town of
West Seneca. It is respectfully submitted that this Petition is beyond merely unmeritorious and
a frivolous action subject to the award of sanctions against Petitioner, an individual notorious
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for instituting legal proceedings not only against the Town of West Seneca, but also other
municipal corporations without impunity or fear of any action being taken against him even
though the municipalities must expend municipal funds to defend these spurious claims. In the
two years that I have been working with the Town of West Seneca, this is the fourth action that
he has filed, with two others which were pending to go along with multiple appeals to the
Fourth Department. The suits vary in content, but show not an interest in good governance, but
rather, an interest in litigation regardless of its viability. This is but another example of
Petitioner's misrepresentations of facts in an effort to create a seemingly viable action.
In this instance, Petitioner is quite correct that the Supervisor selected Judith Kindron to
act as the Finance Director for the Town of West Seneca and that that position was first
affirmatively voted upon by the Town Board and then approved by the County of Erie
Department of Personnel as part of the required Civil Service filing requirements for employees.
Prior to the approval by the County of Erie, the appropriate paperwork was filed with the
County and approved by the County. The position was first created in 2017 with action by the
prior Supervisor. A copy of that motion is hereto attached as Exhibit A. That position was also
approved by the County Department of Personnel pending jurisdictional classification by the
State of New York on August 23, 2017. A copy of that paperwork is hereto attached as Exhibit
B. Even more problematic for Petitioner is the fact that going back to 1999 as part of Town and
Village Service, the position of Director of Finance as an exempt position existed. A copy of
that job description is hereto attached as Exhibit C.
As relevant to the current proceeding, Petitioner did not challenge the original creation of
the position and the time in which to do so has long expired. He should not now, more than six
years later, be permitted to challenge the existence of the position as all applicable statute of
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limitations have expired. If you go back to the County recognizing the position when it
provided the job description for it, then Petitioner is twenty-three years to late to challenge the
position of Finance Director.
Petitioner is correct that Judith Kindron, an experienced individual with respect to
municipal finance, is neither a Certified Public Accountant nor a resident of the Town of West
Seneca. Neither issue is relevant and created by Petitioner for some nefarious reason to seek
financial gain as is evident with his request for damages. Nowhere in any motion by the Town
of West Seneca or job description created by the County of Erie is there a requirement that in
order to be a Director of Finance the individual must be a Certified Public Accountant. It
simply does not exist as a minimum requirement under the law. Furthermore, while the Town
may have preferred to have a CPA as the Director of Finance, that does not make it a
requirement. For purposes of clarification, the Town forwarded another PO-17 form to the
County not listing being a Certified Public Accountant which was again approved by the County
Department of Personnel. A copy of that PO-17 is hereto attached as Exhibit D. More simply,
if every employer had to select only those candidates that met every criteria on a job posting,
employers would be waiting a long time to fill a position. The law does not require more and
the request for same in any filing with the County does not equate to a mandatory job
requirement contrary to Petitioner's belief. In fact, as is clear on the form, the qualifications are
at the option of the appointing authority which would be the Town in this case. It is, therefore,
not Petitioner's call as to what should constitute the qualifications of any Town employee if
same is not required by the County.
Also of note, it must be remembered that the two predecessors to Judith Kindron in the
position were neither Certified Public Accountants nor residents of the Town of West Seneca.
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Again, Petitioner did not challenge either of those appointments and during all the time that the
most recent individual, Alissa Straus, was working as a non-Town resident in the position
without a CPA degree, Petitioner said nothing even when he was a Board meetings when both
were present. The question now is why is this an issue unless it is more of a personal vendetta
against the Supervisor and Town for repeatedly challenging his other frivolous lawsuits.
Further buttressing the legality of the Town's actions are the repeated payroll certification
report approvals by the County of Erie. A copy of two examples of same are hereto attached as
Exhibit E. That form clearly states that "upon approval this certifies that the above employment
is in accordance with the Law and Rules made in pursance [sic] to Law, subject to any
above."
limitation or condition specified It should be noted that not only is the classification of
Exempt listed on the form that the County of Erie approved, but so to is the name of the Town
employee, Judith Kindron, her job title, Director of Finance, the date of approval, and her
salary. In spite of all of these approvals by the County and the lack of any requirement set forth
in County job description or other documentation, Petitioner argues that the actions of the Town
Supervisor, Gary Dickson, who Petitioner has also sued personally, and the County Department
of Personnel are improper. It is respectfully submitted that Petitioner is not the arbiter of Civil
Service procedure regardless of how many exhibits he attaches to his moving papers.
More troublesome, but not unusual for Petitioner, is the blatant misrepresentation with
respect to the law. Petitioner argues that a bookkeeper is a Town Officer as is a Finance
Director and citations to both Town Law and the Public Officer Law are presented. Since Ms.
Kindron is the Director of Finance, and not the bookkeeper for the Town at this time, that
position as set forth in the law will be examined. For historical purposes, Alisa Straus was the
Director of Finance who obtained a different position with another municipal corporation. A
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few weeks of acclimation to a new position and how things are done in the Town of West
Seneca as opposed to the Village of Williamsville would be normal and proper actions for any
employer to take. After a point in time, Ms. Straus, an individual with whom Petitioner
apparently had no objection even though she was neither a CPA or a resident of the Town of
West Seneca, resigned from the position of Director of Finance at which time Ms. Kindron was
appointed. That timing sequence was required because the Town could not have two
individuals encumbering the same job title at the same time. We are not talking about clerk
typists or laborers, this is an appointed Civil Service position, not off a competitive list, where
the Director of Finance serves at the pleasure of the Town Supervisor. Town Law section 52(1).
That section, which Petitioner attempts to twist and turn for his own purposes, deals with
the power not of a Director of Finance, but rather the Supervisor of the Town in which the
section clearly states that the finances of a town are the responsibility of the Town Supervisor.
"Appoint, and at pleasure remove, a director of finance who shall assist the supervisor in the
preparation of the preliminary budget and the capital budget, if any, and in the administration of
responsible."
other fiscal operations of the town for which the supervisor is (emphasis added)
By virtue of that definition, the position of Director of Finance, which is not elected and not of a
fixed or definite term, and where no statute refers to it as an office, same is not a public officer
subject to the residency or oath of office requirements which would exist for a public officer.
Petitioner also summarily argues that Judith Kindron is a Public Officer yet none of the
statutes to which Petitioner refers make such a statement. The position is not an elected position
and not one of the positions, such as Town Attorney, that are appointed, but still Public Officers.
In fact, the New York State Department of State, Division of Local Government, has a primer
on that subject. According to the Department of State, examples of local public officers are
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"Examples of elected local officers are city and village mayors, town supervisors and local
governing board members. Examples of appointed local officers are code enforcement officers,
members."
planning board members, and zoning board of appeals The position of Finance
Director is found nowhere in the law with respect to the definition of a public official. That
same primer goes on to set forth the elected positions in a Town, which does not include the
Director of Finance. "New York State Town Law §20 lists the supervisor, town councilpersons,
town clerk, town justices, town superintendent of highways, and receiver of taxes and
officers."
assessments (and/or assessors and collector) as elective public Ms. Kindron is not an
elected official and simply not a public officer as that term exists under the law.
That becomes relevant because she is then not required to sign an oath book as
maintained by the Town Clerk pursuant to law. "Public Officers Law § 10 reiterates the
requirement for every public officer to take and file the oath required by law before he/she
duties."
performs official Since Ms. Kindron is not a public officer, no oath of office is required
under the law.
The same result is reached as to residency. Contrary to Petitioner's bald assertions, Town
Law section 23 states that "Every elective office of the town at the time of his election and
throughout his term of office, shall be an elector of the town. Every other officer of the town at
the time of his appointment and throughout his term of office shall be an elector of the town...".
Again, the law refers to either elected officials, which Ms. Kindron is not, or "other officer of
the town", a level to which she does not reach. Nowhere in section 23 will you see reference to
either a bookkeeper or a Director of Finance.
Even a cursory review of Town Law section 20 under subsection 5 defines the term
'officer' 'officers'
officer as "the term and/or whenever used in this chapter shall include the
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incumbents of the offices of supervisor, councilman, town clerk, justice of the peace,
superintendent of highways, assessor, receiver of taxes and assessments and collector, or any of
them."
Missing from that is again is the position of Director of Finance. That definition is
further buttressed by the listing of Town officers under Town Law section 20(1)(a).
Contrary to Petitioner's summary conclusions and averments with respect to Public
Officers Law section 2, nowhere in that statute or any of the cases cited therein is there a
reference to a Director of Finance who works at the pleasure of the Town Supervisor being a
public officer. Public Officers Law section 3 is equally silent in that regard, although Petitioner
still raises the argument with respect to residency even though Ms. Kindron was not elected and
not listed as a public official with respect to a Director of Finance anywhere in any statute.
More outrageous is Petitioner's reference to Town Law section 52(1) in paragraph 41 of
the Petition which is closely followed thereafter by his reference to the term of the position
(note that Petitioner does not say that it is the term of the office) under Town Law section 53-c
in paragraph 43. Clearly, he has read the statutes since he sets forth both of them but he either
does not comprehend what they mean or he intentionally attempts to mislead the Court with the
argument since section 52(1) clearly states that the position of Director of Finance serves at the
pleasure of the Supervisor, yet two sentences later he tries to argue that there is a set two year
term of office under section 53-c. It is simply another example of Petitioner throwing
everything at the wall to see what will stick rather than properly setting forth the law.
That then takes us to the arguments with respect to payments made to her. Since
Petitioner chooses to ignore the approvals by the County of Erie with respect to such payments
because they do not support his unmeritorious and frivolous position, a brief response to the
arguments is all that is warranted. Simply put, Petitioner argues that since Ms. Kindron is not a
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resident of the Town of West Seneca and that she is a public official, in spite of the statutes to
the contrary, any payments made to her and approved by the Supervisor were illegal and not
permitted by either the New York State Constitution or any other State law. It is respectfully
submitted that the premise fails because Ms. Kindron was not a public official as outlined above
and thus there was no need to take an oath of office or be a resident of the Town. Admittedly,
she is a public employee, and with no offense to her or her position since she has handled
herself and her duties extremely well, that is all that she is, a public employee. No amount of
filibustering by Petitioner will change those facts.
Petitioner also seeks what amounts to attorney's fees under FOIL. No cause of action,
however, has been pled with respect to the Town of West Seneca in that regard although the
request has nevertheless been made. Since no claim exists with respect to any of these moving
defendants, no award, even if legally sustainable, which is not conceded herein, should be made.
Furthermore, while Petitioner is quite litigious, he is not admitted to the practice of law in this
State or any other State and so the award of attorney's fees is not appropriate.
For all of these reasons, a dismissal is warranted. "In the absence of any indication that
the petitioner's claim is tenable or that there is a material issue which requires a hearing, it [is]
petition."
proper to dismiss the Sachs v. Bd. of Educ. of Mineola Union Free Sch. Dist., 71
A.D.2d 898. 899 (2d Dept. 1979), aff'd, 50 N.Y.2d 830 (1980). Further, in Levy v. SUNY Stony
Brook, the Second Department explained that "[a]lthough the factual averments set forth in a
petition must be taken as true in the context of a motion pursuant to CPLR 3211(a) and 7804(f),
no such deference is given to 'the legal conclusions drawn by the pleader nor [its] interpretation
involved.'"
of the statutes [or contracts] Levy v. SUNY Stony Brook. 185 A.D.3d 689, 690 (2d
Dept. 2020) (quoting Connaughton v. Chipotle Mexican Grill, Inc., 29 N.Y.3d 137, 142 (2017).
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conclusion[s]'
The court in Levy further noted that '"bare legal set forth in a petition, without
78."
more, are insufficient to state a valid claim for relief under CPLR article Id. (quoting
Brown v. Foster, 73 A.D.3d 917, 918 (2d Dept. 2010). Similarly, "'factual claims either
evidence'
inherently incredible or flatly contradicted by documentary are not entitled to any
truth."
presumption of Id. (quoting Roberts v. Pollack, 92 A.D.2d 440, 444 (1st Dept. 1983)).
To the extent that Petitioner seeks a declaratory ruling, the Verified Petition should be
dismissed because same is not permissible. In an Article 78 proceeding pursuant to CPLR
7803(3), "[t]he only questions that may be raised in a proceeding under this article are [...]
whether a determination was made in violation of lawful procedure, was affected by an error of
discretion."
law or was arbitrary and capricious or an abuse of CPLR 7803(3). The Court of
Appeals has affirmed that "a declaratory judgment action is not the proper vehicle to challenge
an administrative procedure, where judicial review by way of article 78 proceeding is
available."
Greystone Memt. Corp. v. N.Y.C. Conciliation & Appeals Bd.. 62 N.Y.2d 763. 765
(1984). Further, it has been made clear that the institution of a declaratory judgment action is
barred because administrative determinations "are to be reviewed only by an article 78
proceeding and such determination 'will not be disturbed if it has warrant in the record, a
capricious.'"
reasonable basis in law, and is neither arbitrary or See Grevstone Mgmt. Corp. v.
N.Y.C. Conciliation & Appeals Bd.. 94 A.D.2d 614. 616-17 (1st Dept. 1983). aff'd. 62 N.Y.2d
763 (1984) (citations omitted).
action"
Nevertheless, a "hybrid CPLR article 78 proceeding and declaratory judgment
commenced to challenge an administrative determination "is properly only a CPLR article 78
proceeding inasmuch as the relief sought by petitioner [...] is available under article 78 without
declaration."
the necessity of a Level 3 ConuncIs.. LLC v. Chautauqua County, 148 A.D.3d
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1702, 1702-03 (4th Dept. 2017). rearg denied. 153 A.D.3d 1675 (4th Dept. 2017). ly denied. 30
N.Y.3d 913 (2018 ); see eenerally Leeacy at Fairways. LLC v. McAdoo, 67 A..D.3d 1460, 1461
(4th Dept 2009) (explaining that issues of law regarding whether a determination was affected
by an error of law, arbitrary and capricious, an abuse of discretion, or irrational are only subject
to review under Article 78, and not pursuant to a declaratory judgment action). Moreover,
declaratory judgment actions and Article 78 proceedings have separate and distinct filing
requirements that must be followed. Citizens Against Sprawl-Mart ex rel Alcuri v. City of
Niagara Falls. 35 A..D.3d 1190, 1191 (4th Dept. 2006) (explaining that "[p}ursuant to CPLR
notice,'
304, an 'action is commenced by filing a summons and complaint or summons with
while a 'special proceeding is commenced by filing a petition.'").
Finally, it is anticipated that Petitioner will argue that a default is warranted in this action
since he refuses to accept the filing of a motion to dismiss in lieu of an answer as he has done
previously. On the issue of the motion for a default judgment, Article 78 specifically provides
under section 7804(e) that a motion to dismiss in lieu of an answer is permissible and section
7804(c) provides that same must be filed five days prior to the return date of the petition. Since
the Petitioner set the return date of February 1, 2024, the response by way of a motion to
dismiss is technically due on January 27, 2024. When an Article 78 motion to dismiss is due is
reiterated in Harvey v. New York State Dept. of Environmental Conservation. "A motion to
dismiss in a CPLR article 78 proceeding must be made within the time allowed for an answer
7804[c])."
(CPLR 7804[fj), which is at least five days before the return date (CPLR Harvey v.
New York State Dept. of Environmental Conservation. 235 A.D.2d 625. 625 (3d Dept. 1997).
The filing of this cross-motion is therefore timely under the statute and no default is warranted
or appropriate.
10
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Even if the Court concludes that the Town's Motion to Dismiss was untimely, Petitioner
suffered no prejudice from the timing of the Town's submission of the Motion, so it should still
be granted. The Court has the discretion to "extend the time fixed by any statute, rule or order
for doing any act, upon such terms as may be just and upon good cause shown, whether the
fixed."
application for extension is made before or after the expiration of the time CPLR 2004.
In Harley v. United Services Auto. Ass I., defendant USAA filed a motion to dismiss after the
prescribed deadline, which the court allowed, stating:
Considering the short length of USAA's delay in moving to dismiss,
the existence of a meritorious defense, the lack of prejudice to
plaintiff and plaintiff s failure to move for a default judgment prior
to USAA's motion, we see no abuse of discretion in Supreme
Court's decision to extend the time for USAA's motion.
Harlev v. United Services Auto. Ass'n.. 191 A.D.2d 768, 768-69 (3d Dept. 1993).
Likewise, in A & J Concrete Corp. v. Arker, the New York Court of Appeals also upheld a New
York Supreme Court ruling granting a party's CPLR 2004 time extension, stating that courts
have the power to grant such extension when the delay is not willful or lengthy, and when it
does not cause any prejudice to the parties. A & J Concrete Corp. v. Arker. 54 N.Y.2d 870, 872
(N.Y. Ct. App. 1981).
Here, Petitioner has not been prejudiced by any alleged untimeliness by the Respondent
Town in submitting the Motion to Dismiss.
Based upon the forgoing, it is urged that the Court not simply dismiss the Petition in its
entirety but also award costs and disbursements against Petitioner and issue sanctions against
him.
11
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WHEREFORE, Defendants respectfully request that the Court dismiss the Petition in its
entirety, issue sanctions against Petitioner, and award costs and disbursements in this matter,
together with such other and further relief that the Court may deem just and proper.
January 27, 2024
Chris G. pp, Esq.
12
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EXHIBIT
A
WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

1250 Union Road Minutes #2017-18
West Seneca, NY 14224 September 18, 2017
Page five . . .
18-C LEGAL NOTICES
3. (continued)
Motion by Supervisor Meegan, seconded by Councilman Hanley, to open the public hearing.
Ayes: All Noes: None Motion Carried
Supervisor Meegan proposed using federal community development block grartt funds to
install another stairwell exit from Town Hall through the Assessor's office.
Beverly Leising questioned if funds canbe used for recreation equipment atTim Russert Park
or picnit tables at other town parks. Supervisor Meegan responded the town has a $100,000
grant for ADA compliant equipment at Tim Russert Park and the Buildings & Grounds
Department makes picnic tables for the parks.
Carol Yetter questioned lf Burchfield Park is an eligible use for community developrnent block
grant funds and Councilman Hart responded it is not within the proper location.
Motion by Supervisor Meegan, seconded by Councilman Hanley, to close the public hearing.
Ayes: Ali Noes: None Motion Carried
18-D COMMUNICATIONS
1. Supervisor Meggan re Motion by Supervisor Meegan, seconded by Councilman
Creation of Director of Hart, tlE@Ei§tWRtiretpgsitismoefrDirestetkofdipasgesagd

ervjsgt[d'
liinance position authoris 3If 5 cjitpf@C[riff~¶n hae
nècessary forms for Erie County Personnel.
On the question, Councilman Hanley stated R.A. Mercer, the town's independent auditor,
recommended these duties be separated from the Supervisor's duties.
Supervisor Meegan stated this position is an appointment, not a union position. She further
noted the Finance Department has been reduced from five to three employees over the last
few years and this position will be budget neutral
Councilman Hart stated there is a need for a specialist in accounting and finance and this
move will modernize the town. Drescher & Malecki's cost to the town was $140,000 and the
salary for the Finance Director will be $70,000 plus benefits. Drescher & Malecki will still be
available for special projects if needed. Councilman Hart further stated Megan Wnek is a CPA
who was an employee of Drescher & Maleckiand has three years experience with the town.
Ayes: All Noes: None Motion Carried

EXHIBIT
B
Form PO-17 NEW POSITION DUTIES STATEMENT Date

Rev. 1/89 From:
County Dept.
Town , t 51 \ . .
To: Village
PERSONNEL OFFICER County of Erie Spec. Dist.
Edward A. Rath County Office Bidg .

95 Franklin Street
Pursuant to the provisions of Section 22, of the Civil Service Law, I am submitting statement of
duties of proposed new position. (NOTE: Department head or other authority requesting the creation of a new
shall prepare a description for each new position to be created except that one description may cover two
position,
or more identical positions in the same unit. Send three typed copies to the Personnel Officer.)
1. DESCRIPTION OF DUTIES: Describe the work in sufficient detail to give a dear word picture of the job. Use a
separate paragraph for each kind of work and describe the more important or time-
PER CENT
duties first. in the left column, estimate how the total working time is
OF consuming
WORK TIME divided.
Director of Finance (Exempt)
The work involves the responsibility for overall coordination of the municipality financial
systems Budgeting and Audit Control. Under the general direction of the Supervisor, the
incumbent assists the department heads in the discharge of their fiscal responsibility.
Supervises accounting and clerical staff. Does related work as required
Responsible for the overall coordination and administration of the Town's financial
systems, which includes responsibilities in the Budgeting intemal and External auditing
control, investment and Debt Portfolio and management of cash flow;
Assists department heads in the discharge of the fiscal responsibilities;
Serves on various committees and positions as designated by the Town Supervisor;
Supplies Supervisor and Town Board Members with various types of data and the
general coordination of data to assist them in making Board decisions;
Acts as liaison from and to the Supervisor on various projects and committees
Thorough knowledge of modern principles and practices of accounting and auditing;

through knowledge of office procedures and equipment; ability to make a variety of
statistical and cost studies and to prepare financial reports; ability to meet and
communicate effectively with people; ability to analyze data and detailed reports;
initiative; a high degree of accuracy; sound professional judgment,* physical condition
commensurate with the demands of the position.
(Attach additional sheets is more space is needed)

Sec. After
completmg OFFICER. 70 COPV
PERSONNEL ONE
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are
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Form PO-17 NEW POSITION DUTIES STATEMENT Date

Rev 1/89 From:
County Dept.
Town (9 S C »
Village . . .
To:
Spec. Dist.
PERSONNEL OFFICER County of Erie
Edward A. Rath County Office Bldg.
95 Franklin 5treet
I am submitting statement of
Pursuant to the provisions of Section 22, of the Civil Service Law,
(NOTE: Department head or other requesting the creation of a new
duties of proposed new position. authority
position to be created except that one description may cover two
position, shall prepare a description for each new
or more identical positions in the same unit. Send three typed copies to the Personnel Officer.)
DESCRIPTION OF DUTIES: Describe the work in sufficient detail to give a clear word picture of the job. Use a
1.
seParate paragraph for each kind of work and describe the more important or time-
PER CENT I
duties first. In the left column, estimate how the total working time is
OF consuming
WORK TIME divided.
Director of Finance-(EMeieptt
The work involves the responsibility for overati coordination of the municipality financial
systems Budgeting and Audit Control, Under the general direction of the Supervisor, the
Responsible for the overall coordination and administration of the Town's financial
systems, which includes responsibilities In the Budgeting Internal and External auditing
control. Investment and Debt Portfolio and management of cash flow;
Assists department heads In the discharge of the fiscal responsibilities;
Supplies supervisor and Town Board Members with various types of data and the
general coordination of data to assist them in making Board decisions;
Thorough knowledge of modern principles and practices of accounting and auditing;

through knowledge of office procedures and equipment; ability to make a variety of
statistical and cost studies and to prepare financial reports; ability to meet and
communicate effectively with people; ability to analyze data and4etailed reports;
initiative; a high degree of accuracy; sound professional judgment¼ physical condition
commensurate with the demands of the position.
(Attach additional sheets is more space is needed)

are when Sec.8 After

completing PERSONNELOFFICER-
TO COPY COMPLETE RETURNONE
approved position(s)
Signature: Date
!
Disapproved
Approved
position 8.
Creation
of
described
OR
OTHER
AUTHORITY APPROVING SODY LEGISLATIVE
BY ACTION
CLASSIFICATION) (PENDING
JURISDICTIONAL FINANCE
OF DIRECTOR
(1)
is describedposition
the for title service
22, Law,
Section provisions in 7
civil the that
appropnate certifies
EICER
O ERIEthe
COUNTY
PERSONNEL Service
Civil
of the with accordance
OFFICER PERSONNEL
OF ERTIFICIATE
ure: Sign Title Date:
complete. accurate
are above
staternentsthe certify other(or As 6.
Department
and I Authority) Head
required: certificate
or License
of Type
requirements. experience meeting

time full toward
be will
pro-rated experience volunteer and/or part-time Verifiable NOTE:
appointment.
of time
theat Board the by
appointing be to
determined qualificationsMinimum
Degrees. experience)
of yearsplus etc.. College School, (High this for
position? be S.
required shouldthinkyoudo qualifications
minimum
What
POSmON
Of LOCATION TITLE NAME
position
new thisof theby
incumbent be wi as
done work
of levelandndk same
the substantially
ng do Persons 4.
of Titlesand Names
5,UPERVI510N _,
OF TYPE TITLE AME
N
position.
thisin empfoyee
by Persons
Supervisedof Titlesand Names
3
SUPERVIS.ON
OF TYPE TrTLE NAME
Direct.
Administrative,etc (General,
) ion pos this Supervising
Persons
of Titlesand Names2.
EXHIBIT
C
1 "g
Rev. 1/99
Erie County
DIRECTOR OF FINANCE T & V
Exempt
RAM/a
DISTINGUIS)NG FEATURES OF THE CLASS: The work involves the responsibility for
overall coordination of the municipality
financial systems Budgeting and Audit Control. Under the general direction of the Supervisor,
the incumbent assists the department heads in the discharge of their fiscal responsibility.
Supervises an accounting and clerical staff. Does related work as required.
TYPICAL WORK ACTIVITIES:
Responsible for the overall coordination and administration of the Town's financial systems,
which includes responsibilities in the Budgeting Internal and External auditing control,
Investment and Debt Portfolio and management of cash flow;
Assists department heads in the discharge of their fiscal responsibilities;
Serves on various committees and positions as designated by Town Supervisor and/or Town
Board Members;
Supplies Supervisor and Town Board Members with various types of data and the general
coordination of data to assist them in making Board decisions;
Acts as liaison from and to the Supervisor on various projects and committees.
FULL PERFORMANCE KNOWLEDGES, SKILLS, ABILITIES AND PERSONAL

CHARACTERISTICS:
Thorough knowledge of modern principles and practices of accounting and auditing; thorough
knowledge of office procedures and equipment; ability to make a variety of statistical and cost
studies and to prepare financial reports; ability to meet and communicate effectively with people;
ability to analyze data and detailed reports; initiative; a high degree of accuracy; sound
professional judgment; industry; physical condition cornmensurate with the demands of the
position.
SUGGESTED QUALIFICATIONS:
Minimum qualifications to be determined by the appointing Board at the time of appointment.
NOTE: Verifiable part-time and/or volunteer experience will be pro-rated toward meeting
full time experience requirements.
EXHIBIT
D
Form PO-17
NEW POSITION DUTIES STATEMENT Rev 08/15
To:
PERSONNEL OFFICER of Erie Date 12/28/2023
County
Edward A. Rath County Office Bldg Fromf Town of West 5eneca
95 Franklin St
Buffalo, NY 14202 ¡ County Dept MTown

CSpecial Dist DVillage
Pursuant to the provisions of Section
22, of the Civil Service Law, I am submitted statement of
duties of proposed new position. (NOTE: Department head or óther autherity requesting the creation of a new position,
shall prepare a description for each new position to be created except that one description may cover two or more
identical positions in the same unit. Send three typed copies to the Personnel Officer.)
1. DESCRIPTION OF DUTIES: Describe the work in sufficient detail to give a clear word picture of the joh
Use a separate paragraph for each kind of work and describe the more important or time-consuming
duties first. In the left column, estimate how the total working time is divided
Percent of Total ACTIVITIES
Tinie/Frequency
Director of Finance
The work involves the responsibility for overall coordination of the municipality financial
systerns Budgeting and Audit Control. Under the general direction of the Supervisor. the
Responsible for the overall coordination arid administration of the Town's financial systems,
which includes tesponsibilities in the Budgeting Internal and External auditing control,
Investment and Debt Portfolio and management of cash flow;
Assists department heads in the discharge of the fiscal responsibilities;
Supplies Supervisor and Town Board Members with various types of data and the general
coordination of data to assist them in making Board decisions;
Through knowledge of modern principles and practices of accounting and auditing; through
knowledge of office procedures and equip.ment; ability to make a variety of statistical and cost
studies and to prepare financial reports; ability to meet and comrnunicate effectively with
people; ability to analyze data and detailed reports; initiative; a high degree of accuracy; sound
judgement·
professional physical condition commensurate with the demands of the position.
(Attach additional sheets if more space is needed.)

2. Names and Titles of Persons Supervising this position (General, Direct, Administrative, etc.)
NAME TiTLE TYPE OF SUPERVISION
Gary Dickson Town Supervisor General
3, Names and Titles of Persons Supervised by this position

NAME TITLE TYPE OF SUPERVISION
Jaimie Kaminski Principal Personnel Clerk Direct

Kim Marie Smith Account Clerk Typist Direct
4. Names and Titles of Persons doing substantially the same kind and level of work as will be done by the
incumbent of this new position.
NAME TITLE LOCATION OF POSITION
N/A
5. What minirnum qualification do you think should be required for this position? (High school, College
Degrees, etc. plus years of experience.)
Minimum qualifications to be determined by the appointing Board at the time of appointment.
6. As Department Head (or other Authority) I certify the above statements are accurate and complete.
Date: 12/28/2023 Title: Deputy Town Supervisor Signature:
CERTIFICATE OF PERSONNEL OFFICER

7. In accordance with the provisions of Civil Service Law, Section 22, the ERIE COUNTY PERSONNEL
OFFICER certifies that the appropriate service title for the position described is:
Director of Finance (PJC)
Date: 12/28/2023 Signature:
ACTION BY LEGISLATIVE BODY OR OTHER APPROVING AUTHORITY

8. Cre ion of described position: tim 4,e of PV cwn c
pproved ¡Disapproved
Date: 1 o 7---3 Signature:
ONE COMPLETE OFFICER- After

RETURN COPY TO PERSONNEL comp ng section 8 when position(s) are approved.
EXHIBIT
E
a-t Employee Change Form PO-1M
|
SUPPLEMENTARY PAYROLL CERTIFICATION REPORT OF PERSONNEL CHANGE
Change Type: . New Hire Effective Date of Change: 08/26/2023
Employee Data: - Must be completed
Social Security # Agency

WEST SENECA TOWN OF
Last Name First Name Retirement #

KINDRON JUDY
Street Address Ci /Town Zi Code
Veteran Exemption Dates of Service Volunteer Firemen Dates of Service

NO From: / / To: / / NO From: / / To: / /
..
Current Title Classification Current Salary Type
New Title Classification New Salary Type

DIRECTOROFFINANCE EXEMPT $87,400.00 Annually
#Available/ Filled: 1 / 0 List Number: Atta± List File Atta± College Transaipts
Employee Type - For appointments show End Date.

temporary
Employee Type Note: Temp End Date

Full Time Permanent / /
Leave Information:
Leave Type Remarks: Atta ment
From: / / To: / /
Separation Information:
Separation Type
Attaýment
Preparer Information:
Remarks:
Preparer Name Preparer Email Jurisdictions Appointing Officer Email Submit
[email protected]
signature of Jurisdictions Appointing Officer:
O DENIED Reason:
APPROVED
Signature Date Email
Dickson, Gary 10/10/2023 10:06:34 EDT Approve
ERIE COUNTY PERSONNEL OFFICE -- CERTIFICATION:
O DENIED Reason:
APPROVED
Signature Date
Bums-Dicioccio, Tami 12/13/20230955:14 EST Approve
Upon Approvalthis certifies that the above employment is in accordance with the Law and Rules made in pursance to Law,
subject to any limitation or condition specif ied above
Trackin g Number: 42409

=
NYSCEF DOC. NO. 29
| Employee Change
RECEIVED NYSCEF: 01/27/2024
Form PO-1M
SUPPLEMENTARY PAYROLL CERTIFICATION REPORT OF PERSONNEL CHANGE
Change Type: New Hire Effective Date of Change: 08/25/2023
Employee Data: - Must be completed
Social Security # Agency

WEST SENECA TOWN OF
Last Name First Name Retirement #

KINDRON JUDY
Street Address City/Town Zip Code
Veteran Exemption Dates of Service Volunteer Firemen Dates of Service

NO From: / / To: / / NO From: / / To: / /
Current Title Classification Current Salary Type
New Title Classification New Salary Type

DIRECTOROF FINANCE PJC $87,400.00 Annually
#Available/Filled: 1 / O List Number: Atta± List File Attach College ansoipts
Employee Type - For appointments show End Date.

temporary
Employee Type Note: Temp End Date

Full Time Permanent / /
Leave Information:
Leave Type Remarks: Attadtment
From: / / To: / /
Separation Information:
Separation Type
Attachment
Preparer Information:
Remarks:
Preparer Name Pæparer Email Jurisdictions Appointing Officer Email Submit
[email protected]
Signature of Jurisdictions Appointing Officer:
¡ DENIED Reason:
M APPROVED
Signature Date Email

Dickson, Gary 01/03/2024 12:19:08 EST Approve
ERIE COUNTY PERSONNEL OFFICE -- CERTIFICATION:
¡ DENIED Reason:
5 APPROVED
Signature Date
Burns-Dicioccio, Tami 01/03/2024 12:32:29 EST Approve
Upon Approval this artiñes that the above employment is in accordana with the Law and Rules made in pursance to Law,
subject to any limitation or condition specified above
Tra cking Number: 149361 Status

2023 Daniel T Warren V Gary A Dickson Et Al - Responding Papers

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FILED: ERIE COUNTY CLERK 01/27/2024 08:43 PM INDEX NO.

SUPREME COURT: STATE OF NEW YORK

Petitioner NOTICE OF CROSS-MOTION

GARY DICKSON, INDIVIDUALLY AND IN HIS

CAPACITY AS THE SUPERVISOR FOR THE

Respondent, GARY DICKSON, INDIVIDUALLY AND AS THE SUPERVISOR OF THE

Dated: January 27, 2024

Buffalo, New York

GRECO T PP, PLLC

Buffalo, New York 14203

836 Indian Church Road

West Seneca, New York 14224

Telephone: (716) 822-0476

SUPREME COURT: STATE OF NEW YORK

GARY DICKSON, INDIVIDUALLY AND IN HIS

CAPACITY AS THE SUPERVISOR FOR THE

Chris G. Trapp, affirms upon information and belief, that

Petitioner's misrepresentations of facts in an effort to create a seemingly viable action.

approved by the County Department of Personnel pending jurisdictional classification by the

that job description is hereto attached as Exhibit C.

position of Finance Director.

Petitioner is correct that Judith Kindron, an experienced individual with respect to

order to be a Director of Finance the individual must be a Certified Public Accountant. It

same is not required by the County.

under the law.

either a bookkeeper or a Director of Finance.

Contrary to Petitioner's summary conclusions and averments with respect to Public

More outrageous is Petitioner's reference to Town Law section 52(1) in paragraph 41 of

filibustering by Petitioner will change those facts.

dismissed because same is not permissible. In an Article 78 proceeding pursuant to CPLR

an administrative procedure, where judicial review by way of article 78 proceeding is

barred because administrative determinations "are to be reviewed only by an article 78

763 (1984) (citations omitted).

commenced to challenge an administrative determination "is properly only a CPLR article 78

while a 'special proceeding is commenced by filing a petition.'").

prescribed deadline, which the court allowed, stating:

Considering the short length of USAA's delay in moving to dismiss,

the existence of a meritorious defense, the lack of prejudice to

plaintiff and plaintiff s failure to move for a default judgment prior

to USAA's motion, we see no abuse of discretion in Supreme

Court's decision to extend the time for USAA's motion.

(N.Y. Ct. App. 1981).

Town in submitting the Motion to Dismiss.

January 27, 2024

Chris G. pp, Esq.

WEST SENECA TOWN OFFICES TOWN BOARD PROCEEDINGS

18-C LEGAL NOTICES

Ayes: All Noes: None Motion Carried

Department makes picnic tables for the parks.

Ayes: Ali Noes: None Motion Carried

1. Supervisor Meggan re Motion by Supervisor Meegan, seconded by Councilman

Creation of Director of Hart, tlE@Ei§tWRtiretpgsitismoefrDirestetkofdipasgesagd

nècessary forms for Erie County Personnel.

few years and this position will be budget neutral

Ayes: All Noes: None Motion Carried

Form PO-17 NEW POSITION DUTIES STATEMENT Date

Edward A. Rath County Office Bidg .

Director of Finance (Exempt)

Supervises accounting and clerical staff. Does related work as required

Assists department heads in the discharge of the fiscal responsibilities;

Serves on various committees and positions as designated by the Town Supervisor;

Thorough knowledge of modern principles and practices of accounting and auditing;