The attorney representing Michael Nolan, the former chief operating officer of Western Regional Off-Track Betting Corp., said today that he plans to appeal a federal district court judge’s ruling to dismiss Nolan’s lawsuit against the public benefit corporation.
“The misconduct on the part of WROTB is the subject of inquiries by state and federal agencies, and for good reason,” said Steven M. Cohen of the HoganWillig law firm in Amherst. “We are confident justice will be done, despite the strong political influence of President Wojtaszek and the lobbyists and attorneys on his payroll.”
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District court judge dismisses suit against Western Regional OTB by former employee
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Cohen said an appeal will be filed within 30 days of the entry of Judge Skretny’s order, pursuant to FRAP Rule 4(a)(1)(A).
On Wednesday, Justice William Skretny of the Western District of New York in Buffalo, dismissed – based on statute of limitations -- a suit by Nolan, who claimed that his federal First Amendment rights were violated when he alleged that he was retaliated against by WROTB leadership for speaking to federal agencies about alleged improper practices at the Batavia-based corporation.
While Skretny’s ruling closes the case at the federal level, other aspects of the lawsuit – New York State Causes of Action – will continue, Cohen said.
“We are confident that at least parts of Judge Skretny’s Decision and Order will be overturned, but even if not, the State Causes of Action will be going forward, and Messrs. Wojtaszek and Bianchi, and others, will be deposed as part of the New York State Causes of Action,” Cohen offered. “Judge Skretny’s order specifically dismissed the ‘federal Causes of Action’ without prejudice as to the State Causes of Action.”
Cohen was referring to Henry Wojtaszek, WROTB president and chief executive officer, and Richard Bianchi, WROTB board president.
He said that the Notice of Appeal will be filed with the Clerk of the United States District Court for the Western District of New York. The formal appeal is to the 2nd Circuit Court of Appeals, located in New York City.
“After we file the Notice of Appeal, we need to perfect the appeal, submit briefs, as will our opponents, and then the matter will be heard by the 2nd Circuit,” Cohen said.
