In a decision that will surely create serious concern within the New York State Power Authority, State Supreme Court Justice Ralph Boniello has rejected an effort by State Comptroller Tom DiNapoli to change the venue of the county’s lawsuit against NYPA.
As you may recall, Niagara County is suing NYPA to reverse the sweep of $544 million in NYPA overcharges by Governor David Paterson and the State Legislature. The monies were diverted to the state’s general fund as part of this year’s state budget.
The attempt to change venues was a smart one by DiNapoli. Changing the venue to Albany, which DiNapoli was seeking to do, would have surely led to the case being dismissed. After all, Albany politicians and their downstate brethren view us as little more than a fly in the ointment. Well, that fly just became the elephant in the room with Boniello's decision.
Considering that this blog has been as critical as anyone, any organization or any media outlet of the actions of NYPA, we're ecstatic with this development. As we told NYPA CEO Richard Kessel in our September 4 post, we've had enough of NYPA taking advantage of this community and our resources. By the way, Kessel still hasn't responded to our invitation to respond to that post - so much for keeping those lines of communications open that Kessel likes to talk about.
NYPA and Kessel are going to have a hard time with this lawsuit. It's going to force them to open their books and we're going to get a real nice look at how all of those tidy NYPA profits are derived. More importantly, we're going to see where those profits are going because I can assure you, they're not staying in Niagara County.
This county overcame a significant hurdle with this ruling. If NYPA wants to continue to battle, we say "bring it on". The county has been screwed by NYPA for so long, they have nothing to lose. Take this battle to the end, boys - we're counting on you.