Efforts to remove William Hatch proceed

To Whom It May Concern:

The Appellate Division, Fourth Department, in Rochester, NY, has denied the request by respondent William O. Hatch to dismiss as legally insufficient the proceeding brought by Town of Howard resident, Gerald S. Hedman, to remove Hatch from his position as a member of the Howard Town Board. Mr. Hedman alleges, pursuant to Section 36 of the State’s Public Officers Law, that the Howard Town Board member violated the public trust by engaging for more than two years in an elaborate fraud or ruse to intentionally conceal his relationship with wind energy developer Everpower Global Corp. and the proposed Howard Wind Project in Steuben County, New York.

The appellate court’s order also includes the following rulings: (a) It grants the request to strike from the caption all petitioners other than Mr. Hedman. (b) It extends until July 17, 2008 the time for petitioner Hedman to file his brief with the court, and gives the respondents, including Mr. Hatch and Everpower, until August 21, 2008 to file and serve their briefs. (c) It denies Mr. Hedman’s request for permission to supplement his petition to include additional facts. (d) It denies Mr. Hedman’s request for oral argument before the appellate court.

A copy of the Fourth Dept.’s June 17, 2008 Order is attached. Also attached are the following court papers: (1) An excerpt from our Verified Petition containing the claim against Mr. Hatch; (2) Our Affirmation In Opposition to Hatch’s Motion to dismiss; and (3) Our Supplemental Affirmation in response to Everpower’s papers in support of the motion to dismiss.

Arthur J. Giacalone
140 Knox Road
PO Box 63
East Aurora, NY 14052
(716) 687-1902
AJGLAW@VERIZON.NET


4th_Dept_order_in_Hedman_v_Hatch_-Everpower_et_al%5B1%5D.pdf

AFFIRMATION IN OPPOSITION TO MOTION TO DISMISS
AD4_Hatch_-_Opposing_Affirmation_excerpt_6-12-08%5B1%5D.doc

SUPPLEMENTAL AFFIRMATION IN OPPOSITION TO MOTION TO DISMISS
AD4_Hatch_-_Supplemental_Opposing_Affirmation_6-13-08%5B1%5D.doc

VERIFIED PETITION
Art_78_II_-_re_Hatch_claim%5B1%5D.doc