Erie County's Answer

-against-

ARTHUR J. ROTH, as Commissioner of the New York Department of Taxation and Finance and his successors in office, and

GEORGE E. PATAKJ as Governor of the State of New York, and

JOSEPH PASSAFIUME as Director of the Erie

County Division of Budget, Management &

Finance, and

COMMISSIONER OF THE ERIE COUNTY FINANCE DEPARTMENT, AND

COUNTY OF ERIE, NEW YORK,

Defendants

ANSWER

Index No. I 2002-4880

Defendant, County of Erie, by its attorney, FREDERICK A. WOLF, Erie County Attorney, FREDERICK G. ATTEA, Assistant County Attorney, of Counsel, for its Answer to plaintiff’s Complaint, herein alleges:

1. Admits the allegations contained in paragraphs 6 and 7 of plaintiff s Complaint.

2. Denies the allegations contained in paragraph 30 of plaintiff’s Complaint.

3. Denies knowledge or information sufficient to form a belief with respect to the allegations contained in paragraphs 1,2, 3,4, 5, 10, 11, 12, 14, 15, 16, 18, 19, 20, 21, 24, 25, 26, 27, 28, 29, 32, 33, 34, 35, 36, 37, 38, 39, 41, 42, 43, 44, 46 and 47 of plaintiffs Complaint.

4. With respect to the allegations contained in paragraph 8 of plaintiffs Complaint, admits that there is Indian Land situated within the County of Erie, New York, but denies knowledge or information sufficient to form a belief with respect to the remaining allegations of said paragraph.

5. With respect to the allegations contained in paragraph 40 of plaintiffs Complaint, denies the allegations against Erie County, denies knowledge or information sufficient to form a belief with respect to the remaining allegations in said paragraph.

6. Neither admits or denies the allegations in paragraphs 9, 13, 17, 22, 23, 31 and 45, but refers to the statutes cited therein for their exact legal force and effect.

7. Denies each and every allegation of plaintiff’s Complaint not otherwise specifically admitted or denied.

AS AND FOR A FIRST DEFENSE

8. The plaintiffs Complaint fails to state a cause of action against the Defendants.

AS AND FOR A SECOND DEFENSE

9. Upon information and belief, this Court lacks jurisdiction over the person of Defendants by reason of improper service of process.

AS AND FOR A THIRD DEFENSE

10. Plaintiffs cause of action in the Complaint are barred by applicable statute of limitations and/or applicable filing deadlines.

AS AND FOR A FOURTH DEFENSE

11. Plaintiffs Complaint is barred by doctrines of res judicata, collateral estoppel and laches.

AS AND FOR A FIFTH DEFENSE

12. The Defendants are immune from the instant suit and immune from any liability to plaintiff for damages, since the said defendants acted towards plaintiff in good faith and with an objective reasonable belief that their actions were lawful and not in violation of any of plaintiffs clearly established constitutional rights. Consequently, plaintiffs claim must be dismissed.

AS AND FOR A SIXTH DEFENSE

13. Upon information and belief, plaintiffs Complaint wholly fails to state a claim upon which relief may be granted.

AS AND FOR A SEVENTH DEFENSE

14. Plaintiff lacks standing to bring the causes of action in this Complaint.

WHEREFORE, defendants, JOSEPH PASSIFIUME, Director of the Erie County Division of Budget, Management & Finance, and COMMISSIONER of the Erie County Finance Department, and the COUNTY OF ERIE, respectfully demand judgment as follows:

1. Dismissing the Complaint herein;

2. Directing liability of the defendant, in the event that said defendant is found to be liable to the plaintiff, be limited in accordance with the provisions of Article 16 of the Civil Practice Law and Rules; and

3. Granting such other and further relief as the court deems just and proper, together with the costs and disbursements of this action.

DATED: Buffalo, New York

July 25, 2002

Yours, etc

FREDERICK A. WOLF

Erie County Attorney and

Attorney for the Defendant

FREDERICK G. A1TTEA

Assistant County Attorney, of Counsel

Office and Post Office Address

69 Delaware Avenue, Suite 300

Buffalo, New York 14202

(716) 858-2200

TO: TO: DANIEL T. WARREN, Pro Se

836 Indian Church Road

West Seneca, New York 14224