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Rus Thompson has sent up an on-line petition to urge NYS to stop using taxpayer dollars to pay for the legal defenses of Sam Hoyt, Tom Dee and Mark Smith.

This is the link:
http://www.ipetitions.com/petition/tax-dollars-being-used-to-pay-for-hoyt-dee-and

If you think that government employees that abuse their authority should have to pay for their own legal fees, please sign the petition and forward to anyone who feels the same way.
We need to have the employees of the State of New York accountable to the taxpayers.



To keep you all abreast of what I just did. I sent this as a follow up to a letter months back. Seems that the court ruled against the three named below. So why should WE pay their legal fees. I need help here, please sign the petition.

March 24, 2014
State of New York
Office of the State Comptrollers
110 State St.
Albany, NY 12236

Re: DiPizio Construction Co vs. New York State Urban Development Corporation d/b/a Empire State Development, Erie Canal Harbor Development Corporation, Sam Hoyt, Thomas Dee and Mark E. Smith

Dear Mr. Sheingold,

Enclosed you will find my original letter along with your response concerning the legal defense being borne by the taxpayers for defendants Sam Hoyt, Thomas Dee, and Mark Smith. I have also enclosed a recent decision by the Court in response to a motion to dismiss by said defendants. As you can see the ESD, ECHDC, and the three individuals lost their motion to dismiss the case, and the litigation will move forward. In regards to the three individual defendants, Sam Hoyt, Thomas Dee and Mark Smith, the tortious interference of contract also survived the motion to dismiss. As a concerned taxpayer, I respectfully request that the legal defense for the individuals responsible for the most egregious abuse of authority and the misuse of authority for personal agendas not be borne on the backs of the taxpayers. As their own testimonies, and exhibits have shown, and the decision by the Court to not dismiss the allegations as they relate to the individuals, if they are allowed to continue to not incur any personal costs, and continue to be paid their NYS salaries from taxpayer dollars, where or when will their accountability be borne by themselves as individuals?

While there has not yet been a conclusion to the allegations, there has been enough proof in the complaint filed that it has survived the motion to dismiss. This is not a frivolous lawsuit that was filed against innocent State employees simply performing their respective jobs. I, along with others, will be signing a petition that will be forwarded, wherein we do not wish to have our taxpayer dollars be afforded to Sam Hoyt, Thomas Dee, or Mark Smith. As a local taxpayer, it is already a tragedy that this project is not complete for the use of the taxpayers, that the cost to the taxpayers, as outlined in the attached article, could be more than double or $ 50 million for the same project, which with the evidence already included in the multiple lawsuits filed by the contractor, are apparent to be the result of gross incompetence and the malicious intentions of Sam Hoyt, Thomas Dee and Mark Smith.

If ECHDC was a private corporation, and the three individuals had to not only defend themselves but be accountable to their own private funds, and not hide behind taxpayers, I would suspect that the decisions and actions would have been more professional and in accordance their individual ability to pay for the fight that Sam Hoyt, Thomas Dee and Mark Smith picked against this contractor on the taxpayers' back.

Please revisit the use of taxpayers funds paying for the continued salaries and defenses of Sam Hoyt, Thomas Dee and Mark Smith, as there are many other qualified, but not arrogant, individuals within the State of New York, and specifically Buffalo, who would embrace the responsibility and professionally perform their duties as employees of the State of New York.

Thank you for your cooperation in this matter, the taxpayers look forward to hearing from you soon.

Very truly yours,

Rus Thompson
On behalf of millions of taxpayers of the State of New York