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NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 10/20/2017

STATE OF NEW YORK : COUNTY OF ERIE

SUPREME COURT :
: AMENDED NOTICE OF PETITION
:
DANIEL T. WARREN, :
: Index No.: 814613/2017
Petitioner, :
: Hon. Paul B. Wojtaszek
vs. : Assigned Justice
:
SHEILA MEEGAN, AS SUPERVISOR OF THE :
TOWN OF WEST SENECA, and TOWN OF WEST :
SENECA, and :
THE TOWN BOARD OF THE TOWN OF WEST :
SENECA. :
Respondents :

PLEASE TAKE NOTICE, that upon the annexed verified petition Daniel T. Warren, verified the

16th day of October, 2017, and the exhibits annexed thereto, an application will be made to a Term of

this court, to be held at the courthouse thereof, located at the Part 16, 25 Delaware Avenue, Buffalo,

New York 14202, on the 6th day of December, 2017, at 10:00 a.m. of that day, or as soon thereafter as

counsel can be heard, for a judgment:

a) Declaring the Respondents use of informal communication of public business between

any two members of the Town Board, in its current form, is in violation of the Open
Meetings Law;

b) Declaring the Respondents use of third-party intermediaries to communicate matters of

public business between any two members of the Town Board, in its current form, is in
violation of the Open Meetings Law;

c) Declaring the Respondents failure to post all materials in accordance to POL 103(e) is
in violation of the Open Meetings Law;

d) Declaring the West Seneca Bee is the only Official Newspaper of the Town of West
Seneca until changed by proper resolution of the Town Board of the Town of West
Seneca.

e) Declaring the Respondents failure to post on its official website and/or publish in the
designated official newspaper the most recent annual financial reports a violation of
Town Law 29(10);

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f) Declaring the Respondents failure to post the most recent annual financial reports, most
recent independent audit report and multi-year financial plan on its official website is in
violation of General Municipal Law 30(7) and State Finance Law 54(10)(g);

g) Declaring the Respondents failure to post the most recent independent audit report and
multi-year financial plan on its official website is in violation of General Municipal
Law 30(7) and State Finance Law 54(10)(g);

h) Prohibiting the Respondents from the use of informal communication of public

business between any two members of the Town Board, in its current form, in violation
of the Open Meetings Law;

i) Prohibiting the Respondents from using third-party intermediaries to communicate

matters of public business between any two members of the Town Board, in its current
form, in violation of the Open Meetings Law;

j) Compelling the Respondents to post all materials in accordance to POL 103(e) as

required by the Open Meetings Law;

k) Compelling the Respondents to post on its official website and/or publish in the
designated official newspaper the most recent annual financial reports as required by
Town Law 29(10);

l) Compelling the Respondents to post the most recent annual financial reports, most
recent independent audit report and multi-year financial plan on its official website as
required by General Municipal Law 30(7) and State Finance Law 54(10)(g);

m) Together with such other, further or different relief as the Court deems just and proper.

PLEASE TAKE FURTHER NOTICE, that a certified transcript of the record of the proceedings

under consideration, an answer and supporting affidavits, if any, shall be served and filed with the

court at least five days before the return date.

Petitioner designates Erie County as the place of trial. The basis of venue is that Erie County is

where the material events took place. (CPLR 506(b)).

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DATED: October 20, 2017

Buffalo, New York

Yours, etc.

____________________________
Daniel T. Warren
Petitioner, Pro Se
836 Indian Church Road
West Seneca, New York 14224
716-265-0526

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Exhibit A
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/16/2017
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/16/2017
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NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 10/16/2017
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Exhibit B
 Town
FILED: BoardCOUNTY
ERIE meeting | Town of West
CLERK Seneca
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Home About West Seneca Residents Businesses Government Departments & Services News & Events

Event Date:
October 16, 2017 - 7:00pm

Location
West Seneca Town Hall
1250 Union Road
West Seneca, NY
See map: Google Maps

TOWN BOARD AGENDA

Meeting #2017-20 October 16, 2017

The meeting is called to order at 7:00 P.M. with 30 seconds of silent prayer followed by the

Pledge of Allegiance.

20-A MINUTES TO BE APPROVED

Minutes from October 2, 2017 work session

Minutes #2017-19, October 2, 2017

20-B LEGAL NOTICES

1. Proofs of publication and posting of legal notice: OF A PUBLIC HEARING TO CONSIDER LOCAL LAW NO. 8 OF THE YEAR 2017 TAX LEVY LIMIT OVERRIDE in the
Town of West Seneca.

2. Proofs of publication and posting of legal notice: OF A PUBLIC HEARING TO CONSIDER LOCAL LAW NO. 9 OF THE YEAR 2017 COLD WAR VETERANS PROPERTY
TAX EXEMPTION in the Town of West Seneca.

20-C COMMUNICATIONS

1. Supervisor Meegan re Designation of Halloween

2. Supervisor Meegan re Appointment of Sally Tenhagen as part-time seasonal clerk typist

3. Supervisor Meegan re Standard Workday & Reporting Resolution

4. Senior Recreation Therapist of Sr. Services re Termination of Francis Maracle as part-time van driver

5. Senior Recreation Therapist of Sr. Services re Appointment of David Kobler as part-time van driver

6. Grant Writer re Erie County Community Development Block Grant

20-D REPORTS

Jacqueline A Felser, Town Clerks report for September 2017

John Gullo, Code Enforcement Officers building & plumbing reports for September 2017

20-E WARRANT
Approval of warrant
ISSUES OF THE PUBLIC

PRESENTATION OF COMMUNICATIONS BY BOARD MEMBERS AND DEPARTMENT HEADS

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 Town
FILED: BoardCOUNTY
ERIE meeting | Town of West
CLERK Seneca
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NYSCEF DOC. NO. 3 RECEIVED NYSCEF: 10/16/2017

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FILED: ERIE COUNTY CLERK 10/16/2017 02:47 PM INDEX NO. 814613/2017
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Exhibit C
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Exhibit D
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NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 10/16/2017