SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION : FOURTH DEPARTMENT : : REQUEST FOR FINDINGS OF FACT In the

Matter of the Application pursuant to : Public Officers Law 36 by : : : Daniel T. Warren : Docket # OP 11-00539 Petitioner, : for the removal of : : : Robert J. Bielecki from the office of Comptroller of the Town of West Seneca, Erie : : County, New York; and : : Wallace C. Piotrowski from the office of Budget Officer and Supervisor of the Town of : : West Seneca, Erie County, New York, : Respondents. : The petitioner requests the referee in the above entitled action to make the following findings of fact which he deems established by the evidence herein: 1. Petitioner, Daniel T. Warren, is a citizen resident of the Town of West Seneca, County of Erie, and State of New York residing at 836 Indian Church Road, West Seneca, New York. 2. Respondent, Wallace C. Piotrowski currently holds the office of Supervisor of the Town of West Seneca and has been in this office since January 1, 2008. 3. Respondent, Robert J. Bielecki, currently holds the office of Comptroller of the Town of West Seneca and has been in this office since January 1, 2008. 4. For the period of January 1, 2008 through at least September 2010, Respondent Bielecki failed to properly audit all claims presented to him for payment. 5. For the period of January 1, 2008 through at least September 2010, Respondent Bielecki failed to properly prepare abstracts of claims that he audited and approved. 6. For the period of January 1, 2008 through at least September 2010, Respondent Bielecki failed to properly record all financial activity of the Town. 7. For the period of January 1, 2008 through at least September 2010, Respondent Bielecki did not provide monthly financial reports to the Town Board.

8. For the period of January 1, 2008 through at least September 2010, Respondent Bielecki failed to provide Town Board members the results of the Towns external audits. 9. For the period of January 1, 2008 through at least September 2010, Respondent Bielecki did not properly record inter-fund activity associated with cash advances made to the special grant fund from other Town funds. 10. For the period of January 1, 2008 through at least September 2010, Respondent Bielecki did not perform an annual audit of the Town officials and employees that received or disbursed moneys on behalf of the Town by January 20th of each year. 11. For the period of January 1, 2008 through at least September 2010, Respondent Bielecki did not insure that the independent auditor perform an annual audit of the Town officials and employees that received or disbursed moneys on behalf of the Town by January 20th of each year. 12. For the period of January 1, 2008 through at least September 2010, Respondent Piotrowski paid claims that were not properly audited by the Town Comptroller 13. For the period of January 1, 2008 through at least September 2010, Respondent Piotrowski paid claims in the absence of abstracts directing such payments. 14. For the period of January 1, 2008 through at least June 29, 2009, Respondent Bieleckis failure to adequately fulfill his duties together with his failure to require proper proof of auditing claims and prepare abstracts allowed the Youth Bureau Executive Director and other employees to improperly use taxpayer money. 15. The Town Board of the Town of West Seneca is currently composed of two town board members and the Town Supervisor. 16. Sheila Meegan and Dale Clarke are West Seneca Town Board Members. 17. Michael Meegan is the husband of West Seneca Town Board member Sheila Meegan 18. Michael Meegan was up for consideration to be appointed to the position of Working Crew Chief. 19. Sheila Meegan abstained from voting on her husbands promotion. 20. On or about February 7, 2011, there were back and forth discussions between Council Member Sheila Meegan and Respondent Piotrowski concerning Michael Meegans promotion to working Crew Chief and the appointment of Joseph Lorigo to the position of town prosecutor. 21. On or about February 7, 2011, Respondent Piotrowski offered to vote for Michael Meegans promotion to working crew chief in exchange for Sheila Meegans vote to appoint Joseph Lorigo to town prosecutor.

22. To date Michael Meegan has not been appointed to the position of working crew chief and Joseph Lorigo has not been appointed to the position of town prosecutor. DATED: August 3, 2011 Buffalo, New York Yours, etc.

____________________________ Daniel T. Warren Petitioner, Pro Se 836 Indian Church Road West Seneca, New York 14224 TO: Michael B. Powers, Esq. Phillips Lytle, LLP 1 HSBC CTR STE 3400 Buffalo, NY 14203-2834 Paul M. Michalek, Jr., Esq. 300 Center RD West Seneca, NY 14224-1946