Supreme Court of the State of New York

County of Erie

DANIEL T. WARREN,

836 Indian Church Road

West Seneca, New York 14224

                                       Plaintiff,

                  vs.

GEORGE E. PATAKI as Governor of the State of New York and his successors in office

State Capitol
Albany, NY 12224

 

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

Building 9, W. A. Harriman Campus
Albany NY 12227

 

JOSEPH PASSAFIUME as Director of the Erie County Division of Budget, Management & Finance and his successors in office

95 Franklin Street, Room 1608
Buffalo, NY 14202

 

COMMISSIONER OF THE ERIE COUNTY FINANCE DEPARTMENT

95 Franklin St., Room 100

Buffalo, NY, 14202

 

COUNTY OF ERIE, NEW YORK

c/o Erie County Attorney
County Of Erie Department of Law
69 Delaware Ave., Suite 300
Buffalo, New York
                                       Defendants

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Summons with Notice

 

 

Index No.:  I 2002-4880

 

 

 

Plaintiff designates Erie County as the place of trial

 

The basis of venue is:

The County of Erie is a defendant (CPLR § 504(1)) and the County of Erie is where the acts complained of is occurring (SFL § 123-C(1))

                                   

 

To the above named Defendants:

 

            YOU ARE HEREBY SUMMONED to serve a notice of appearance on the Plaintiff within twenty (20) days after the service of this summons, exclusive of the day of service (or within thirty (30) days after the service is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear, judgment will be taken against you by default for the relief demanded in the notice set forth below.

 

DATED:     April 30, 2002
Buffalo, New York

_______________________
Daniel T. Warren
Plaintiff, Pro Se
836 Indian Church Road
West Seneca, New York 14224

 

 

NOTICE:        The nature of this action is for declaratory and injunctive relief pursuant to State Finance Law Article 7-a, General Municipal Law § 51, and CPLR § 3001

                                                                 

The relief sought is a judgment of this court:

A) Declaring that there now exists de facto exemption from taxation on any sales to non-indian consumers on Indian Land under Articles 12-A, 20, 28 and 29 of the New York Tax Law;

B) Declaring that only the legislative branch of government may make a policy relating to taxation;

C) Declaring that the defendants usurped the powers of the New York and Erie County Legislature by making a policy relating to taxation

D) Declaring that the defendants shall only assess and collect taxes pursuant to a policy established by the legislative branch of government.

E) Declaring that the defendants’ de facto tax exemption constitutes a gift or loan of state and county money or credit in violation of New York State Constitution Article 7 § 8 and Article 8 § 1.

F) Declaring that the defendants’ policy constitutes a waste or misappropriation of assets that belong to the State of New York and the County of Erie, New York

G) Permanently enjoining defendants, GEORGE E. PATAKI as Governor of the State of New York and ARTHUR J. ROTH as Commissioner of the New York State department of Taxation and Finance and their successors, to perform their mandatory, statutory and regulatory obligations to implement, collect, and enforce all taxes imposed by New York Tax Law Article 12, 20-a, 28 and 29 to purchases by non-Indians from retailers located on Indian Land;

H) Permanently enjoining the defendant ARTHUR J. ROTH as Commissioner of the New York State Department of Taxation and Finance and his successors to assess and collect from the Indian retailers unpaid sales taxes due the State of New York from sales to non-Indians for the period from the enactment of the New York Tax Law Article 12, 20-a, 28 and 29 to date that are not outside of any applicable statute of limitation and to investigate and refer to the Attorney General of the State of New York for prosecution all businesses who have violated and are violating the subject statutes and regulations in accordance with his constitutional, statutory and mandatory duties;

I) Awarding reasonable costs and disbursements, as the Court deems just and equitable;

J) Any and all other relief which this court deems just and proper.