Lockport Union-Sun & Journal Online

Local News

June 8, 2009

LAWSUITS: Top Dem says politics, family influenced decision on lawyers

The head of the Niagara County Democratic Party believes political and personal connections may have played a part in the hiring of a Buffalo law firm that is currently representing Niagara County interests in a pair of high-profile lawsuits.

An associate from the firm in question characterized the claims made by Democratic Party chief Dan Rivera as just plain “silly.”

“I know that this firm was retained to do this work,” said Nelson Perel, a partner in the firm Webster Szanyi. “This firm has done other work for the county. I think it was a logical step to retain us.”

Webster Szanyi has been retained by the county in its legal fight against the New York State Power Authority. The suit seeks to reverse the so-called “sweep” of surplus authority dollars into the state’s general fund. The firm also has been hired by a pair of county lawmakers who are seeking the court’s help in forcing the Niagara Falls Bridge Commission to open up its books amid questions about compensation provided to former Executive Director Thomas Garlock.

Rivera finds the firm’s involvement in both cases curious as Webster Szanyi’s partners include two individuals who once worked in the same firm that currently employs county Republican Chairman Henry Wojtaszek. He also maintains that another partner in the firm is related to Wojtaszek.

Perel and his associate, A. Timothy Webster, are former employees of Wojtaszek’s firm, Harris Beach. Rivera claims another partner, Paula Pope Webster, is the sister of Niagara County Refuse Disposal District Director Richard Pope, who is Wojtaszek’s third cousin.

In addition, records on file with the state Board of Elections show Webster Szanyi made a $1,200 donation to the Niagara County Republican Committee’s campaign in July of 2007 and one of its associates, Charles Graney, who is part of the group of attorneys handling the county’s power authority case, contributed $198 to the committee on two occasions, once in October of 2007 and again in October of 2008.

“I think it looks wholly inappropriate,” Rivera said.

Wojtaszek could not be reached for comment on Monday.

Perel insisted that his firm has been retained by the county based on merit, not relationships. He acknowledged that he and A. Thomas Webster, did work for Harris Beach several years ago, but left the firm in 1999 to help form Webster Szanyi. Perel said he did not believe Wojtaszek was working for Harris Beach at that time. He also said he wasn’t aware of any political campaign contributions made by his firm or any of the individuals working for it.

As for Paula Pope-Webster, Perel said he did not kow if she was related to Wojtaszek. He added that while she is still listed as a partner on the firm’s website she has not been an active lawyer with the firm for some time and is now concentrating almost exclusively on raising her family.

“That sounds like a silly suggestion that that would have anything to do with us bidding the work,” Perel said of Rivera’s charge.

Jeremy Colby, another associate in Webster Szanyi, said the firm hires lawyers from both sides of the political aisle, noting that one of its associates is Village of Hamburg Trustee Michael Cerroni, a Democrat.

“This is not a political firm,” Colby said.

Republicans in the county Legislature lead a push to initiate the power authority lawsuit. Niagara Falls Democrat Renae Kimble also voted in favor of the suit. Legal fees in the case will be covered by a portion of the county’s share of casino revenue.

On Friday, Webster Szanyi filed another lawsuit on behalf of Legislator Dan Sklarski, D-Town of Niagara, and Legislator John Ceretto, R-Lewiston. Both lawmakers want the court to force the Bridge Commission to reveal financial details about the inner-workings of the organization. Neither men returned telephone calls seeking comment on Monday.

Perel noted that while the county’s decision to sue the power authority has been criticized by some Democrats in the county, he’s confident the case has merit and will ultimately prove beneficial to ratepayers in the area.

“I think that’s going to speak for itself,” he said.

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