Buffalo, N.Y. (WBEN) - A judge in New York State Supreme Court has made a ruling Wednesday in favor of Buffalo's Acting Mayor Chris Scanlon and the city Common Council in their case against City Comptroller Barbara Miller-Williams over her refusal to issue bonds for a number of capital projects.
The ruling from Justice Emilio Colaiacovo orders Miller-Williams to sell $110 million in city capital project bonds - over her objections. However, an appeal to the decision is "highly likely," according to the comptroller's retained attorney.
William Savino, Woods Oviatt Gilman partner, says he and his client "will know more about the nature of the appeal" after studying the decision made by Justice Coalaiacovo, following a Sept. 22 Article 78 hearing in his court room.
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The appeal will be filed with the New York State Appellate Division - Fourth Department in Rochester.
At issue is $110 million in bonds that Mayor Scanlon, with the backing of the Buffalo Common Council, want issued to help finance a number of projects including street repairs, infrastructure work and upgrades to various Buffalo Public Schools.
Miller-Williams alleges by selling the bonds, it will put more financial pressure on Buffalo's already fragile fiscal outlook.
The legal tug-of-war has delayed the projects and cost the city "thousands-and-thousands of dollars," according Fillmore District Councilman Mitch Nowakowski, who as chair of the Council's Finance Committee was a plaintiff along with Scanlon in the Article 78 proceedings.
"It feels vindicative," Nowakowski said. "This is slightly embarrassing for the Comptroller that a judge admonished her for not doing her job."
Following nearly 90 minutes of legal volleying between Savino and Buffalo attorney Terry Connors, who represents Scanlon and Nowakowski, Justice Coalaiacovo issued his ruling that compels Miller-Williams to sell the bonds.
"The Comptroller simply refuses to borrow, citing her own self-imposed cap," Coalaiacovo wrote in his decision. "This is a clear legal directive which she must abide."
Savino, said he was not surprised with Coalaiacovo's ruling.
"The judge gave every hint at where he was going," Savino said.
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