SUPPLEMENTARY RESPONSE

BY NYS THEATRE INSTITUTE STAFF

To the Report of

The NYS Office of Inspector General New York State Theatre Institute

April 2, 2010

NYS

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Professional theatre for family audiences

April 2, 2010

Office of the NY State Inspector General Agency Building 2

Empire State Plaza

Albany, NY 12223-1250

Gentlemen:

At the direction of the Board of Directors of the New Y ork State Theatre Institute (NYSTIC), NYSTI staff have undertaken a review of expenditures and other matters and this review is presented here as a supplementary response to the Report of the Office of the State Inspector General on the New York State Theatre Institute.

This response has been prepared by Beth Chromey, NYSTI Business Manager; Olga A. Delorey, NYSTI Associate Producer; Ben Masaitis, NYSTI Budget Director and Patricia Di Benedetto Snyder, NYSTI Producing Artistic Director.

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The staff is grateful to the NYSTIC Board, all volunteers and unpaid, who have served faithfully through difficult budget years at NYSTI. Members of the Board have been conscientious in their deliberations at meetings and have regularly attended performances at the theatre and various events associated with the NYSTI education program.

Very Truly Yours,

Beth Chromey, NYSTI Business Manager~

Olga A. Delorey, NYSTI Associate Prod-6c~ ~ Ben Masaitis, NYSTI Budget Director ~

Patricia Di Benedetto Snyder, NYSTI Producing Artistic Directo~

Enclosure

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37 First Street, Troy, NY 12180

(518) 274-3200 • Fax: 274-3@15 • e-mall.nystircicapital.net www.nysti.org

SUPPLEMENTARY RESPONSE TO REPORT OF INVESTIGATION OF THE NEW YORK STATE THEATRE INSTITUTE BY THE OFFICE OF THE STATE INSPECTOR GENERAL, MARCH, 2010

Respectfully submitted herewith is a point-by-point factual commentary on several sections of the Report, using the Report headings and page numbers as a guide. This supplementary response was prepared and certified by Beth Chromey, NYSTI Business Manager; Olga A. Delorey, NYSTI Associate Producer; Ben Masaitis, NYSTI Budget Director and Patricia Di Benedetto Snyder, NYSTI Producing Artistic Director.

3. Snyder Ultimate Decision Maker When Family Members Hired (p. 22)

a. William S. Snyder ("Will Severin ") (p. 25)

The $239,350 cited as the total amount paid to William S. Snyder is overstated. Direct compensation provided to Mr. Severin Snyder according to IRS Forms 1099 filed by NYSTI between 2004-09 totaled $93,708.57. In the same period, Mr. Severin donated services to NYSTI valued at no less than $120,000. (Appendix 1) Mr. Severin Snyder's work at NYSTI has never been concealed by Mrs. Snyder and there have been numerous press reports, notably in the Albany Times Union, about his relationship to NYSTI leadership.

Further, Mr. Severin provided music and services under the terms of multiple grants from the Frederick Loewe Foundation, including all of those previously cited as well as American Soup. (Appendix 2, Floria V. Lasky letter)

The comment by Robert Anton cited by the Inspector General notwithstanding, we believe our "favored nation" fees to designers are at the lower end of the fee scale among theatres of similar size as NYSTI. Designers return to NYSTI for less money because they enjoy collaborating with its artists and teclmicians and they believe in our work for young people. For example, the union rate for sound design in a regional theatre with over 1000 seats (NYSTI's theatre has 1100 seats) is approximately $5,200. (Appendix 3)

d. William F. Snyder ("William Fortune" or "Bill Fortune") (p. 31)

The figure of $13,500 cited by the report as the amount paid to William F. Snyder by NYSTI is overstated. NYSTI records indicate payments to Mr. Snyder totaling $2,880.43 (Appendix 4). The OIG apparently ignored a voided check dated 3/26/07 for $450 which Mr. Snyder rejected for per diem expenses at Queens Theatre in the Park. Further, it should be noted that $600 accepted by Mr. Snyder for per diem expenses in Sweden in 2006 was specifically funded by a grant from the Frederick Loewe Foundation. Among other legitimate payments were reimbursement to Mr. Snyder of international telephone calls made by Mrs. Snyder from home regarding NYSTI's cultural exchange program, video tape stock for recording of NYSTI performances, which Mr. Snyder accomplished

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on a volunteer basis, toll receipts for travel to various business meetings attended by Mrs. Snyder on behalf ofNYSTI in the Snyders' personal auto and reimbursement for expenses incurred by Mrs. Snyder for attendance at an audiobook conference in 2007.

C. Snyder Engaged in Improper Acts to Obtain Benefits for Herself and Her Family (p.41)

The report adds together sums of money from apparently different time frames, in some instances a period of up to 14 years. NYSTI staff could not confirm the accuracy of the sums in this section of the report.

2. Snyder Hired Herself to Direct NYSTI Productions and Violated Union Contracts to Ensure Additional Benefits for Herself (p. 42)

Mrs. Snyder has directed NYSTI productions since the Institute's first season in 1976. Mrs. Snyder's willingness to combine her administrative work with a personal artistic contribution has saved the Institute money.

At the outset, Mrs. Snyder and some of her Institute colleagues were paid for "extra service" for directing when the Institute was under the jurisdiction of SUNY. The same concept was carried forward in the NYSTI Policies and Procedures Manual and The Policies of the Board of Trustees of SUNY.

Internal contracts between NYSTI and directors, designers, actors and musicians have never been appended to union contract forms (SDC, United Scenic Artists, Actors' Equity Association, American Federation of Musicians) per established procedure which existed prior to 1992, and which was carried forward when NYSTI was reconstituted as a public benefit corporation.

The various union affiliations were presented to the NYSTI Board at two meetings in 2001 (Appendix 5) and the affiliations were reaffirmed at that time. It was noted that Mrs. Snyder and Ed. Lange, Associate Artistic Director (now retired) were members of SDC and while they would "waive" their fee, the payments for pension and welfare must be paid. The term "waive" may be misleading in that these staff members would receive their regular state salary, but would not be paid any additional fee for their services. The fee entered on SDC contract form was the equivalent of five weeks of state salary (one week of preparation and four weeks of rehearsal). Unlike other SDC contracts (Broadway, Off-Broadway, LORT, etc.), the fee for Special Contracts (which has been replaced by the Tier Contract) is negotiated between the member and the producer.

Because NYSTI does not file the internal contracts for any director or choreographer who is a member of SDC (including Patricia Birch, Ron Holgate, John Going and Adrienne Posner), Mrs. Snyder was not treated any differently than anyone else with regard to this process.

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In discussions with SDC representatives dating back to the early 1990's, NYSTI Associate Producer Olga Delorey was informed that pension and health contributions could not be waived. Consequently, there was no intention to "hide" anything and no reason to question or change established procedure. There is precedent for payment into union pension and health funds in other instances involved NYSTI employees. When NYSTI Teacher/Actors, who are represented by UUP, perform in certain theatres in New Y ork City, they must be signed to an Actors' Equity Association contract per Equity rules pertaining to the specific theatre. While they continue to receive their regular state salary, NYSTI is required to make payments to the Equity League for pension and health. This occurred when American Enterprise was performed in the theatre at St. Clement's (West 46th Street) as part of a touring residency. In addition, when NYSTI toured A Tale of Cinderella to Buffalo, Syracuse, New Y ork and Schenectady, pension and health was paid to Equity on behalf of NYSTI employees because performances took place in venues defined as a "production house." When NYSTI employees retire, they may receive pension and health benefits from Equity as well as the State of New York,

Similarly, when NYSTI Teacher/Actors perform services on select projects under American Federation of Television and Radio Artists (AFTRA) jurisdiction, it was required that pension and health contributions be paid to the union on behalf of each NYSTI Teacher/Actor irregardless of their membership in AFTRA.

5. Despite Waivers, Snyder Received $19,500 in NYSTI Payments to Direct Plays (p.51)

It should be noted that the stipend provided to resident directors under the NYSTI Policies and Procedures Manual is for personal expenses when directing, such as mileage and materials for rehearsals, expenses that are unrelated to production expenses, i.e. meetings with production staff, producers, music directors, directors and designers during dinner or lunch, meals for children cast in productions, hospitality for teachers at inservice events, etc., all of which are paid for by NYSTI.

In this regard, Mrs. Snyder has reimbursed the $438 expense charged on a NYSTI credit card for a dinner to which Mrs. Snyder invited female cast and crew members of Miracle on 34'11 Street and colleagues as a personal thank you on November 29,2007. At the dinner, a member of the group was suddenly taken ill and transported by ambulance to Samaritan Hospital for treatment. In the rush to leave the restaurant to travel with her colleague in the ambulance, Mrs. Snyder handed one of her guests, in error, a NYSTI credit card and asked her to take care of the bill. (Appendix 6) The handling of the bill was forgotten and Mrs. Snyder has taken appropriate action.

By comparison, a visiting director is paid a negotiated fee and provided with per diem payments of approximately $1,100 across a four week rehearsal period. They are also reimbursed for research materials, provided with lodging and 2-3 round trips from

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NYSTI to their home (within 150 miles), plus pension and welfare payments are made to SDC on their behalf.

Several times each season, Mr. and Mrs. Snyder provide food and lodging for four weeks at a time and local transportation for out-of-town directors and other guest artists as a donation to NYSTI.

6. Adaptation of "Miracle on 34th Street" (p.53)

These are the facts in this matter: Mrs. Snyder did secure the rights to the Miracle on 34th Street story from the estate of Valentine Davies in 2000. The rights gave permission to malce a stage adaptation of the story at NYSTI. Mrs. Snyder had an affection for the story and with Valentine Davies' daughter's encouragement and on her own time, Mrs. Snyder created the first draft of the play. The draft was shared with two previous collaborators, Will Severin and John Vreeke. Mrs. Snyder invited them to work with her to create a play with music. The three collaborators improved the first draft, infusing the story with new ideas, a few new characters and opportunities for children to be included in the cast. Music became an integral part of the play with underscoring throughout, a song for the Little Dutch Girl and a musical finale that capped the uplifting theme of the story. As Mrs. Snyder, Messrs. Severin and Vreeke worked on their own time and without compensation. The adaptation was independently created by them, and therefore, is owned by them. NYSTI premiered the play, directed by Mr. Vreeke, and the authors received a royalty. When the play was published by Samuel French, Inc., along with seven other works developed by NYSTI, the Miracle on 3lh Street adapters agreed to share their royalty equally with NYSTI in perpetuity. At the time, neither Mrs. Snyder nor NYSTI theatrical counsel Floria V. Lasky were aware of any statutory violation in this matter and did not intend to commit any wrongful act.

In 2000, in an instance similar to the Miracle on 3ih Street situation, on behalf of NYSTI and for a fee to the author, Mrs. Snyder acquired the rights for a stage adaptation of the story, King a/Shadows. Pursuant to the agreement with the author, a playwright was commissioned by NYSTI to adapt the story for the stage. The playwright retained ownership of his adaptation of the story and NYSTI must pay a royalty when it presents the play in Troy. NYSTI receives no share of the playwright's royalty for this play.

Weare unsure that the conclusions drawn in the Report about ownership of intellectual property are correct. Just as other NYSTI staff members (Deputy Producing Director W.A. Frankonis, and Associate Artistic Director Ed. Lange) who have written plays that have been produced at NYSTI have retained ownership of their work, Ms. Snyder should be accorded the same rights. All authors' contracts of new plays originally produced by NYSTI and subsequently published were reviewed and approved by NYSTI Theatrical Counsel Floria V. Lasky. This precedent is set forth in the NYSTI Policies and Procedures Manual, developed with the Division of the Budget, which continues the intellectual precepts of the Policies of the Trustees of the State University of New Yorlc formally adopted by the NYSTIC Board. The SUNY policy states, in part, "Generally, the members of the staff of the University shall retain all rights to copyright and publish

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written works produced by them." The statute creating NYSTI provided for the transfer of employees with all their rights and privileges under SUNY.

D. NYSTI and Snyder Engaged in Unnecessary and Improper Spending (p.69)

As previously stated, NYSTI maintains that most of the expenditures challenged in this section of the report can be justified by the NYSTI Policies and Procedures Manual. In every instance, generated revenue and grants were used to pay these expenses.

b. NYSTI Paid Nearly $1,200 for Three Dinners Honoring a Former Student Intern

The events described were similar to other occasions when NYSTI has demonstrated the spirit of reciprocity inherent in its international cultural exchange activities. The individual cited was instrumental in the success ofNYSTI tours to Jordan, where hospitality was freely given in honor of the NYSTI company. For the Inspector General to allege no business purpose for these events is incorrect in that an ongoing relationship with cultural exchange partners is of substantial value.

c. Snyder Charged NYSTI for $282 Catered Brunch at Her Home

Originally, the Snyders paid-for half the cost of this event. Upon further review, Mrs. Snyder reimbursed NYSTI for the other half in the amount of $282.

d. NYSTI Spent More Than $31,000 On Opening Night Receptions and Cast Parties, Which, At Times, Included Alcohol

Donated funds in the amount of $325 have reimbursed the cost of alcohol as cited in the report. Over a six-year period, $31,000 was spent on opening night dinners for the NYSTI company members, guest artists and invited guests. An average opening night gathering costs about $700 each across any given season of six to seven productions. Attendance averages about 50-70 at these events, including cast, crew, creative team, children and youth cast in the production and a member of their family, as each cast member is allowed one guest. Additional guests must be paid for. The menu is usually pizza, pasta, salad and chicken wings, and a cash bar.

e. Additional Instances of Questionable or Improper Meal Expenditures by NYSTI

- To preserve morale and demonstrate the Institute's gratitude for exemplary service, NYSTI payment ($786.44) for a meal for cast and crew within a 14-hour day in November, 2007 is fully justified.

- The June, 2007 Putnam Market item ($102.38) was reimbursed by Mrs. Snyder in November of2008.

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- For the October, 2005 Red Front event, meals were provided because individual artists had been inconvenienced due to a scheduling problem and to encourage a positive work environment, the decision was made to make an investment ($161.75) toward that end.

- At the October, 2008 event at LoPorto's Ristorante, the NYSTI Producing Artistic Director and Associate Producer hosted the author and dramaturg of a play that NYSTI will present in May, 2010. Each of them, had driven from considerable distance (one from Syracuse, the other from Congers, NY) at their own expense and, as a courtesy, NYSTI hosted them for dinner ($209.00).

- The October, 2007 event at Chez Sophie ($341.00) brought together the director of Yours, Anne at NYSTI, who was in residence at the Saratoga Hotel with a worldrenowned Metropolitan Opera star, with the director of the Lake George Opera (LGO) and Mrs. Snyder as NYSTI Producing Artistic Director to discuss the possibility of a coproduction between NYSTI and LGO. Chez Sophie was the resident restaurant at the hotel.

- On the November 17,2006 event at Fresno's ($46.98), in the interest of privacy away from the NYSTI office and to accommodate the candidate's schedule, the interview was conducted off site.

2. Transportation Expenditures Excessive and Contrary to State Guidelines (p.75)

The March, 2006 travel to and from JFK Airport for Mrs. Snyder, accompanied by her spouse at his own expense, involved a large amount of luggage to transport materials required for the Italian cultural exchange. The Snyders returned with a comparable amount of baggage which would have been very difficult to manage on available public transportation. The cost of mileage for personal car use, tolls and parking fees would have been more expensive. Therefore, car service was deemed to be a reasonable option.

Ms. Lasky's death in September, 2007, was sudden and funeral services were conducted in widely disparate locations which made car service the most reasonable option. Ms. Lasky was NYSTI's theatrical counsel for 30 years and attendance at her funeral was a personal and professional courtesy extended to her family and colleagues in recognition of her many contributions to NYSTI.

The August, 2007 travel by William S. Snyder and Mary Jane Hansen to and from Newark Airport was accomplished by car service due to a situation similar to the March, 2006 Italian travel where the travelers had to manage excess baggage, mostly costumes and props, for rehearsals of the co-production of a play by NYSTI and Teater Vastmanland in Sweden. The travelers returned with the same baggage.

The April, 2008 round trip travel to wig fittings in New York City involved five persons, four actresses and the costume designer, and was the most efficient way to accommodate the rehearsal schedule, the availability of the wig designer and enough time to prepare the

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wigs for performances. The cost of five round-trip train tickets and two taxi fares would have surpassed the expense of the car service, which also accommodated the rehearsal schedule.

Mrs. Snyder's April 18, 2006 travel from her home to New York City was accomplished by car service due to Mrs. Snyder's rehearsal schedule for The Lark and her required attendance at a meeting of a theatre industry education committee, of which she was cochair of a panel presentation to theatre education leaders. At the time, Mrs. Snyder was recovering from an injury to her anlde and would have been tillable to handle the large quantity ofNYSTI promotional materials that traveled with her. While in New York, Mrs. Snyder received a call from Karen Kammer, NYSTI Costume Shop manager, to pick up some items at Capezio, a dance apparel store, which were needed for The Lark. Mrs. Snyder returned to Troy at 3:30 pm and conducted rehearsal. (Appendix 9)

c. NYSTI Spent More Than $4,300 on Three Events in New York City Purportedly Related to Cultural Exchange With Sweden (p. 78)

The Consul General of Sweden invited NYSTI to an event specifically in honor of the Swedish! American exchange which was further celebrated afterwards at a dinner sponsored by NYSTI. It should be noted beyond the report's observation, that Mary Jane Hansen also reimbursed NYSTI for cost of the meal for William F. Snyder as well as her husband.

With regard to the OIG assertion that the list of attendees was incomplete and inaccurate in that it did not include Mrs. Snyder'S son George who, the report determined, was present at the dinner, The Inspector General reports that a "contemporaneous photograph" was located showing George Snyder at the dinner. The image, which was apparently found on a Snyder faniily member's Facebook page, is of George's brother William S. Snyder, who strongly resembles George. George Snyder was not at the dinner.

The event at Battery Park was again, at the specific invitation of the Swedish Consulate and directly related to NYSTI's ongoing exchange activities with Swedish theatre artists. The event marked the departure of Swedish actress Cecilia Sedval, who had been in residence as a guest artist at NYSTI for the 2007-08 season. The report seems to imply that Mrs. Snyder's granddaughter was transported to the event at NYSTI expense, using an image of the granddaughter with a flowered wreath in her hair at Battery Park (not on the bus) obtained by OIG, again apparently from Facebook. In fact, Mrs. Snyder's granddaughter traveled with Mary Jane Hansen in her personal auto from her home to the festival and returned the same way as documented in Ms. Hansen's EZ Pass records. (Appendix 7)

d Snyder Failed to Disclose that Family Members Traveled With Her to Stratford Shakespeare Festival (p. 80)

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We believe this assertion is incorrect. At the recommendation of noted scenic designer Eugene Lee (who designed King Island Christmas at NYSTI) Mrs. Snyder used her family auto, driven by her husband, to travel to and from Stratford, Ontario in Canada to observe a production of The Lark (St. Joan) that was being presented at the Stratford Festival as research for the NYSTI production of the same play in the subsequent season. Mary Jane Hansen and William S. Snyder accompanied Mrs. Snyder to research the script (Ms. Hansen ultimately adapted NYSTI's version) and music. The charges to NYSTI for this travel were reported by Mrs. Snyder, and she reimbursed NYSTI for 14 of the cost on behalf of her husband for a total of$182.34. (Appendix 8)

3. NYSTI Spent Over $28,000 for Gifts, Including $2,431 for Four Retirement Gifts (p.81)

Pursuant to NYSTI Policies and Procedures Manual ("Observing Theatrical Traditions"), thank you gifts have been purchased for authors, composers, directors and designers in conjunction with opening performances. NYSTI Associate Producer Olga Delorey has been the responsible party with regard to selection and purchases, although other NYSTI staff are also involved from time to time.

With regard to the September, 2005 purchase of a couch and other items for the Swedish theatre's Green Room, it is simply another demonstration of reciprocity in NYSTI's approach to international cultural exchange. As noted, the NYSTI Board approved of this purchase.

Regarding the retirement gifts and celebrations, NYSTI has evolved from underwriting some of the expense of these gatherings to no expense for NYSTI. Recent and future retirement gatherings will be paid for by individual donations.

Regarding items purchased in April, 2006, the note from Associate Producer Olga Delorey affixed to the receipt(s) identifying recipients as "Director" and "Composer" is identical to notes attached to similar purchases for other artistic personnel for openings. The items were presented to the individuals in their capacity as the director and composer ofNYSTI's production of The Lark. These were not "personal" gifts. There was no intention or attempt to "hide" the recipients as Patricia Snyder was identified as the Director and Will Severin was identified as the Composer in advertising, posters, newspaper articles and the playbilL

The same may be said for the purchases in October, 2008 and June, 2006 in conjunction with Twelve Angry Jurors and American Soup. The identity of artistic personnel for any NYSTI production is public knowledge through NYSTI's publicity effort.

4. Expenditures on Benefit Events, Social Outings and Other Questionable Purchases Exceeded $7,800 (p. 82)

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Mr. and Mrs. Snyder were the guests of the Sage Colleges. The 2004 event cited in the Report was in Mrs. Snyder's honor. The tickets purchased by NYSTI were for six NYSTI staff members in a demonstration of collegiality with NYSTI's educational partner.

Mrs. Snyder's swift reimbursement of her husband's ticket to the Fulbright event had nothing to do with the fact that the Inspector General's investigation had begun.

NYSTI staff participation in the November 12, 2005 event benefiting the Classroom Enrichment Fund of the Community Foundation of the Capital District was in recognition of the importance of supporting local educational and charitable organizations. Mrs. Snyder did not attend.

Mrs. Snyder attended the events as NYSTI and she had been previous recipients of Emmy Awards for Hizzoner! and NYSTI's A Tale a/Cinderella was carried by PBS nationally as a holiday special for three years running.

The Sage events in 2006 and 2007 were successors to the event in 2004 and a further recognition of the unique public/private partnership between NYSTI and Sage College. Mrs. Snyder's reimbursement for her husband's ticket to the 2006 event was received on November 3 of that year and her reimbursement for the husband for the 2007 was received October 19 of that year. Her slightly tardy reimbursement had nothing to do with the continuing investigation of the Inspector General.

NYSTI staff members' participation in the Northeast Health Foundation events in 2006 and 2007 demonstrated NYSTI's community involvement and the importance of supporting local charitable organizations, particularly the F oundation because many seniors attend performances and volunteer at NYSTI.

The tickets for the Gilda's Club event were purchased because two NYSTI staff members were cancer survivors. Mrs. Snyder arranged for NYSTI Guest Director Patricia Birch to appear and speak at the event as she was a colleague of Gilda Radner on Saturday Night Live.

5. NYSTI Expenditures on Audiobook Production Exceeded $170,000 (p. 83)

We believe the figures cited in the report are incorrect. NYSTI has produced 19 audiobooks, which, when divided into the $170,000 cited by the report yields a per-unit cost of about $9,000.

With regard to "gifts" of audiobooks to authors, it is a standard practice in the publishing industry that publishers provide complimentary copies of books, CD's and DVD's to the author(s).

a. Audie Awards Participation Cost NYSTI Approximately $35. 000 (p. 84)

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NYSTI's status as a premier producer of audiobooks requires its presence at audiobook industry events, where artists and executives can share ideas and strategies. Participation by NYSTI staff and other artists and technicians who have created nominated works at the Awards event is a demonstration of simple professional courtesy by NYSTI. It is an honor to be nominated for a national award and those who have accomplished outstanding work should be celebrated.

The NYSTI Business Office cannot independently confirm the Inspector General's claim that NYSTI paid William F. Snyder's Audie Awards expenses in 2004. Mrs. Snyder's testimony cited in the report was to the best of her recollection about events of 6 years ago. In fact, Mrs. Snyder reimbursed Mr. Snyder'S expense for 2006 and 2007. Please see Appendix 4.

The Audio Publishers Association (AP A) 2006 membership fee for William S. Snyder was made in order to facilitate NYSTI's purchase of tickets to the awards event where NYSTI's King of Shadows had been nominated. The AP A placed a limit on the number of tickets an organization could purchase. Additional tickets, however, could be purchased by another AP A member. NYSTI solicited AP A members willing to allow access to their ticket quota, but none were available. Therefore, it was decided to purchase a membership in the name of one of the authors (Will Severin) in order to facilitate NYSTI's ticket requirements.

6. Snyder Made Numerous Reimbursements of Personal Expenses After Inspector General Commenced Investigation (p. 87)

The Inspector General's activities led to the re-examination of numerous records and brought to light several items for reconsideration. Accordingly, Mrs. Snyder chose to reimburse certain NYSTI payments that had been forgotten or misplaced. As a matter of convenience, Mrs. Snyder occasionally used an ATM instead of her checking account to pay with cash.

In the fall of 2008, when NYSTI was asked to provide American Express records to OSIG, NYSTI Associate Producer Olga Delorey assisted with the task of photocopying the receipts. During the copying process, she noticed a charge on a 2007 receipt for the card assigned to her and recalled that it was an item for which she intended to reimburse NYSTI. The item in question from the Vermont Teddy Bear Company was for NYSTI's long-time theatrical attorney who was terminally ill and who passed away shortly thereafter. The relationship was a NYSTI business relationship not an unlmown "private individual" as cited in the report. Ms. Delorey and Mrs. Snyder reimbursed NYSTI in the fall of2008. When Ms. Delorey prepared the cover note accompanying the cash, to avoid confusion she made the decision to backdate the note to correspond with the date of the purchase. When questioned by OSIG as to when the reimbursement was made, Ms. Delorey responded that it was made after the fact and that she did not attempt to hide when the reimbursement was made.

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It should be noted that travel arrangements for NYSTI have routinely been made by the NYSTI Executive Assistant, who books for entire groups ofNYSTI employees, members of their families and other travelers to achieve available economies and keep the group together. Tickets are charged to NYSTI at the outset and reimbursements are collected subsequently.

8. Snyder Attempted to Shift Blame to Staff for Improper Expenditures (p. 91)

The Business Office has been understaffed and overworked. Any errors that have been made were honest mistakes and unintentional. The statement in the Report that Mrs. Snyder attempted to shift blame to staff is incorrect, It should be clear that without Mrs. Snyder's knowledge, the Business Office was using an American Express Corporate Card issued to Mrs. Snyder and Ms. Delorey for NYSTI purposes related to the costume shop and other NYSTI operations. To avoid confusion, Mrs. Snyder authorized the NYSTI Business Office and Budget Director to apply for their own card and Mrs. Snyder and Ms. Delorey relinquished their corporate cards.

9. NYSTI Omitted Records Prior to Submission to the Inspector General (p.92)

Mrs. Snyder exercised due diligence in the preparation of submissions to the DIG.

E. Lack of Internal and External Scrutiny ofNYSTI Expenses (p. 94)

As previously stated, the Division of the Budget (DOB) promulgated the NYSTI Policy and Procedures Manual which was reviewed most recently by the Office of the State Comptroller and no recommendations were made for corrective actions. NYSTI is compliant with the requirement for annual independent financial audits by a certified public accountant. The Inspector General's review ofNYSTI policies and procedures notwithstanding, NYSTI welcomes further scrutiny by the appropriate state authority.

1. NYSTI Fiscal Officers Have Failed to Scrutinize Expenditures

As previously noted, NYSTI no longer has a business relationship with the Research Foundation of SUNY. With the transfer of funds from the Research Foundation to First Niagara accounts, a revised system for handling generated revenue and grants has been devised to track expenditures and income.

NYSTI has been subjected to budget reductions and staff cuts for nearly two decades with the result that all departments, especially the fiscal office, have been impacted. NYSTI has preserved the quality of its product and maintained its ability to attract and retain fine artists for its young audience at an affordable price, but some intemal functions of the Institute have suffered. '

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2. Independent Auditor Unfamiliar With NYSTI Spending From Bank Account (p. 97)

NYSTI will advertise for bids for audit services and select a vendor in 2010 to audit FY2010-11.

3. Significant Matters Not Brought Before NYSTI Board of Directors (p. 98)

Mrs. Snyder and other NYSTI staff have consistently informed the Board of important matters as recorded in the Board Minutes of August 7 and October 30,2001 and others. A presentation to the Board of union requirements, including Mrs. Snyder's and Associate Artistic Director Ed. Lange's membership in the Society of Stage Directors and Choreographers (SDC) was specifically conducted on August 7,2001 (Appendix 5), along with descriptions of requirements for United University Professions (UUP), Actors Equity Association (ABA), American Federation of Musicians (AF ofM), International Alliance of Theatrical Stage Employees (IATSE), United Scenic Artists (USA), American Federation of Television and Radio Artists (AFTRA) and Association of Theatrical Press Agents (ATPAM).

F. Additional Finding Relating to Actions by Snyder and NYSTI (p. 99)

2. NYSTI Purchases of Arbonne Products Improperly Benefited Snyder (p.1 05)

Mrs. Snyder and Ms. Delorey were unaware of any direct benefit as a result of Arbonne purchases by NYSTI and were not seeking any such benefit. It should be noted, however, that donations for silent auctions valued at approximately $150 were made by Mrs. Snyder'S family to NYSTI, confirmed by the organizer of silent auctions, NYSTI Executive Assistant Jackie Cortese.

3. Snyder Uses NYSTI Business Accounts to Make Personal Purchases (p. 107)

a. Seagroatt Floral Company

Mr. Ed Seagroatt, owner of Seagroatt Floral Company, has invited Mrs. Snyder to select merchandise for NYSTI free of charge or at wholesale prices. On the four occasions cited in the report, Mrs. Snyder purchased items for NYSTI as a donation. The savings enumerated for the reimbursement on purchases made with the NYSTI credit card for a NYSTI holiday party is inaccurate since Mrs. Snyder had already been accorded wholesale privileges by Mr. Seagroatt. (Appendix 9)

b. MKRugs

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The $1,760 in rugs purchased with the NYSTI credit card were bought for various locations in the NYSTI dressing room area and offices. As noted, the $132 rug was paid for with Mrs. Snyder's personal credit card and she was unaware that $10.56 in sales tax had not been charged by the vendor.

c. Capezio

As previously stated, Mrs. Snyder picked up shoes and rehearsal dance wear ordered by the NYSTI Costume Department while she was in New York City. The items purchased with NYSTI's credit card were for shoes. The items that were purchased with her personal credit card were for rehearsal apparel to facilitate work on a multi-level and ramped setting. Mrs. Snyder donated these last items expressly for NYSTI purposes. (Appendix 9)

d Clement Frame and Arts Shop

On the occasion cited in the report, Mrs. Snyder made the purchase of two prints for the author of King of Shadows and an actress in the production as a thank you for having mentored one of the children in the cast. The gifts were made on behalf of NYSTI and at Mrs. Snyder's own expense.

4. NYSTI Did Not Provide Required Tax Forms to Coutractor (p. 108)

When NYSTI relocated its administrative offices to 37 First Street and its scene shop to 136-138 Second Street, several snow removal businesses were solicited to provide services. The two NYSTI-owned properties required snow plowing or snow blowing to clear a small parking area and shoveling for sidewalks and steps. All of the businesses contacted declined, citing it would be too labor intensive for what was considered to be a "smaller" job. NYSTI next contacted the Sage Colleges Maintenance Department to see if they could be hired to do the work. They also declined, stating they had no available resources to help. NYSTI inquired among neighboring businesses and individuals and a suggestion was made.

The recommended individual agreed to remove snow from NYSTI properties but was unwilling to complete the W -9 Tax Form when it was presented. NYSTI Budget Director Ben Masaitis made the decision to have the individual continue to provide services despite the fact that he would not provide NYSTI with information for issuance of a 1099 Form. The concern was that NYSTI properties needed to be cleared of snow to avoid any potential liability, since the NYSTI Administrative building houses the weekday box office which patrons access regularly. The NYSTI Budget Director has been instructed to issue Forms 1099 in all applicable situations.

Conclusion

Have mistakes been made? Yes. But not intentionally.

14

The long term circumstances surrounding the NYSTI fiscal operation should be explained. NYSTI's long time budget director retired suddenly for health reasons in May of the 2003/04 fiscal year. Due to limited resources, NYSTI promoted personnel from within the agency. The NYSTI business manager, who had been an employee since 1978, was promoted to budget director and the NYSTI box office manager, employed since 1982, was promoted to business manager at which time NYSTI employed a new box office manager. A period of on-the-job training ensued, with the business manager continuing her work in the box office, training the new box office person. Between 2004- present, however, numerous box office managers have left the position for various reasons and the business manager was forced into frequent double duty. The hard working NYSTI fiscal staff has not had the benefit of an uninterrupted opportunity to formulate a smooth process for fiscal operations. Over the past several months, however, the producer's office and fiscal officers have worked together to improve the system and have developed, among other improvements, standard forms for purchases, reimbursements, petty cash advances and travel. (Appendix 10)

***

APPENDICES

Appendix 1 William S. Snyder background

Appendix 2 Floria V. Lasky/Loewe Foundation letter

Appendix 3 Theatrical union rates

Appendix 4 William F. Snyder direct payment/reimbursements, Audie Award Travel

Appendix 5 Board Minutes re: continuing union affiliations

Appendix 6 Ambulance receipt

Appendix 7 Mary Jane Hansen EZ Pass record

Appendix 8 Stratford travel background

Appendix 9 Capezio and Seagroatt

Appendix 10 Purchase Request/Reimbursement, Cash Advance and Travel Approval Forms

15

EXHIBIT "I"

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rhol,·p.lay, ry ofa .. ·

'Am,erican Soup' WHERE:N~1Ai :York' State Theatre .' lnstltute, Schacht Fine Arts center"Russem'Sage College; troy WflEN:Through March 17

... ;HOW MOtH: $20-$10

. MORE INFO: 274-3250

'; .. ',.',,'

cians.

If it is not one of NYSTI's most elevated efforts, it is surely one of its '~ost entertalrrlng. There are 22 . songs, including "[ohnny B. Goode,"

, "''', ' ' . . ''White Rabbit" "American Pie"

!tb.e':gOili:ri:i~:t:var~c~ty:. Director Bill '. and.'Blue Sued~ Shoes." .

The story follows the lives of : ,m~i;Obers of the Marcello family of

Queens 'and their friends from the :ElViscraze~With Elvis sound-alike '~~""ii~~"iii~P;,;;Yl··: GarY Lynt:h_";"thrDughthe assas;', smatiDIlofJFK, the moon landing,

. ,.theVietDam W ar.and beyond, It in tandem with the musings LJ,·I.OI:'DO'o":'mtls,t, Andy W arhol Ijohn

A New Play with Music from tfJe 50s to the New Millenium

by Mary Jane Hansen

if YDU are not; it will be a history lesson, The play is Hansen's story, we are told in some pre-showpublicity, as she portrays the quality of life in her DId neighborhood, but the star of the ShDW is the turbulence Df an era.

McGuire is believable as Warhol, whose life and art are scrutinized in the course Df the ShDW. ''Y ou're thinldng tDD hard," he says to' his interviewer, JDe (Roil Komorar.as he attempts to' analyze the mean," ing of the famous Campbell's soup , silkscreen, And . McGuire' states the play's major theme when he . asks, "Where does Andy Warhol belong]" .

Warhol's quest for fame iscon-

. trasted with the lives of members 'Dfthe Marcello family, Tony (John RDmeD); Anna (Carole Edie Smith), .. Beth (Shannon Rafferty), and Mag-, gie (Hansen) who respond deeply, ... though anonymously, to' the events ,

. of the time.

TOUCHING ANDWITTV

, ..

Rafferty gives atouching portrayal of a young womanwrestling with a lost love and her placeinthe

. ' world, Hansen's character grDWS . from an impressionable UttlegiI:k ' toa 'seemingly confident but tJ:qJ,y Insecure woman .. She handles theie layers seamlessly, Her .character' sets' up one of.the play's wittiest moments. As a lfl-year-old feminist, shetakes part in a bra burning. The principal ofher school, Sister Mary Rose (Christine Boice Saplin), CDm.plains to' the girl's mother, Smith, with her masterful CDmiC' timing, asks where her Ifl-year-old got hold of a brassiere. "It was YDurS," responds Boice, Smith IDDks horrifled and responds, "And I've only got three." .

The large cast is strong, but the musicians must be noted, Will Severin, (music arrangements/additional original music/ guitar/vocalist), Raymond Jung (bass), Shannon Iohnson (vocalist), Brandon Jones (keyboards/vocalist),' George F ortune (percussion/vocalist), and Joel Aroeste (guitar) give exhilarating life to the classic songs.

There is a quibble: Although performed without intermission, the play goes on for what seems like 20 minutes tDD long, Some judicious cutting might liven up an ending that undermines the established energy of the production,

,_0,

THE

THEATER REVIEW MONDAY, FEBRUARy'S,2007

Premiere of Christie play thrilling, visually stunning

Marvelous cast, set, direction in classic whodunit

BY CAROL KING

For the Daily Gazette

. TROY - Please do not miss the current offering at the New York State Theatre Institute. It is the world premiere of an adaptation for the stage of Dame Agatha Christie's novel "Ordeal by Innocence." Adapted by Mary Jane Hansen, it is thrilling, tight and displays perfect proportions of Christie's darkness, humor and suspense.

The production is one of the most visually beautiful I have seen anywhere. The set by Richard Finkelstein brilliantly re-creates an elegant two-story Victorian home, a graveyard dominated by the tomb of the murder victim and many .other locations that evoke southern England. Lighting designer John McLain moves the play magically through 26 scenes. And costumes, by Robert Anton, are gorgeously '50s.

Directed by Elizabeth Swain, the stage never seems crowded, even when most members of the 20-person cast are gathered for the final, inevitable reveal. She positions her actors with confidence, creating exciting and dynamic stage pictures.

The play tells the story of the wealthy Argyle family and the murder of Rachael Argyle, its matriarch. Early on, we learn that one of the sons, Jacko, had been arrested for the murder and subsequently died in prison. The first few pages of the

TIM RAAB John Romeo and Shannon Rafferty star in NYSTI's adaptation of Agatha Christie's "Ordeal by innocence."

script reveal that Jacko was probably innocent and that someone else possibly someone in the family - was guilty. But who did it (or "dunit," if you will)? There are a variety of suspects, including the four remaining Argyle children, .Micky (David Girard), Mary Durant (adapter Mary Jane Hansen), Hester (Katie Ann Mcfrermott), and Tina (Shannon Rafferty). There is also the patriarch of the family Leo (John McGuire), his fiancee Gwenda Vaughan (Yvonne Perry), and Swedish housekeeper Kirsty Lindstrom (Darcy Pulliam). But the murder is two years old. As Superintendent Huish (John Romeo) says, "The trail is pretty cold by now ... but you never know."

Leading this marvelous cast is

·'Ordeal By Innocence'

WHERE: New York State Theatre Institute, Schacht Fine Arts Center, Russel! Sage College, Troy WHEN: Through Feb. 17

HOW MUCH: $20-$10

MORE INFO: 274-326.5

Ron Komora as Dr. Arthur Calgary, the catalytic figure who brings chaos into the family's acceptance of their mother's murder and their brother's guilt. Komora shepherds his character with quiet strength through the investigation and the subsequent confusion and suspicions of the family.

WONDERFUL CAST

Byron Nilsson is wonderfully. protective and assertive as the family's retainer, Andrew Marshall. Kate Hettesheimer (Maureen Clegg) stands out as a com:i.cally crude interloper in the Argyles' seemingly elegant lifestyle. David Bunce plays Mary's wheelchairbound husband, Phillip, dogmatic in his curiosity about who actually committed the murder. He has some touching moments as he explains to his wife why he needs the excitement of the investigation in his life.

As mentioned, this is a uniformly fine cast, but I must especially compliment Girard and Rafferty for their dramatic work in an impassioned scene in the graveyard.

Sound design by Charles Eble isnever intrusive and underscores the many moods of the play. And \ original music by Will Severin is .

quite simply exquisite. .

WILL SEVERIN

Reportable income on 1099-Misc forms

Year Non-employee Compensation Royalties
2004 10,350.00 4,193.14
2005 18,876.59 3,530.67
2006 10,878.93 3,063.23
2007 9,550.00 1,650.58
2008 11,000.00 1,733.81
2009 12,737.50 2,094.12
TOTAL $ 73,393.02 $ 16,265.55
100% SOUND Will Severin receives Y2 of reported compensation on 1099-Misc forms

2004 0.00
2005 1,666.67
2006 583.33
2007 1,800.00
2008 0.00
2009 0.00
TOTAL $ 4,050.00 TOTAL COMPENSATION 2004-2009

$ 93,708.57

Researched and presented by Ben Mas~rc~o ~

HANDSOME SPYDER INC.
Direct payments/reimbursements
Fiscal year 2005-2006 $ 0.00
Fiscal year 2006-2007 0.00
Fiscal year 2007-2008 0.00
Fiscal year 2008-2009 50.00
Fiscal year 2009-2010 1,408.46 Researched and presented by Ben Masaitis, March 2010

TOTAL

$ 1,458.46

GRANT SUPPORTED PROJECTS Will Severin

1. WARNER MUSIC GROUP

In 1994, NYSTI received a $400,000 grant from Warner Music Group (WMG) to develop New Musicals for Family Audiences. The grant required NYSTI to hire composers who were affiliated with Warner Chappell Music. Will Severin was an artist chosen by WMG to collaborate on NYSTI projects. He was paired up with another Warner Chappell artist, legendary lyricist George David Weiss (What A Wonderful World, The Lion Sleeps Tonight, Lullaby of Bird land, Can 't Help Falling in Love). Together, Severin and Weiss created the score for the first musical, A Tale of Cinderella.

The huge success of the first production of A Tale of Cinderella ill 1994 led to two additional grants provided by Warner Music Group to produce an Original Cast Album (released on Atlantic Theatre label) and a VideolDVD (released by Warner Home Video).

The WMG grant was used to support (a) composing and related music costs for the productions listed below and (b) audio book services (composing/arranging, recording, editing, mixing) for which Mr. Severin provided contractual services:

a. A Tale of Cinderella (1994) (1995) (2001 Statewide Tour) The Cantervllle Ghost (1997)

A Little Princess (1998)

Magna Carta (2002)

A Legend of Sleepy Hollow (2009)

b. A Legend of Sleepy Hollow (Audio Book) Hollowville (Audio Book)

King of Shadows (Audio Book) Miracle on 34th Street (Audio Book) Enchantress (Audio Book) Sherlock's Secret Life (Audio Book)

Zoe Caldwell/Oscar Wilde Fairy Tales (Audio Book)

2. RENSSELAER COUNTY mSTORICAL SOCIETY (Funds provided by The Howard &Bush Foundation and The Troy Savings Bank Charitable Foundation)

NYSTI was the recipient of a grant from the Rensselaer County Historical Society which provided financial support of music-related expenses for the following production for which Mr. Severin provided contractual services:

Heart of Troy (2004 Production & Audio Book)

(page 1 of2)

3. FREDERICK LOEWE FOUNDATION

A Little Princess (1998 Audio Book)

A Tale of Cinderella (pBS National Broadcast Sponsorship) A Tale of Cinderella (2001 Statewide Tour)

Magna Carta (2002)

King of Shadows (2005)

American Soup Cultural Exchange with Sweden (2005) American Soup Cultural Exchange with Italy (2006)

A Legend of Sleepy Hollow (2009)

NYSTI was the recipient of grants from The Frederick Loewe Foundation which provided financial support of music-related expenses for the following productions for which Mr. Severin provided contractual services:

(page 2 of2)

DONATIONS & PRO BONO SERVICES Will Severln

1. Donated services to compose, arrange, record and prepare production disc(s) for the NYSTlproductions listed below. The value of the donati.on for each production ranges from $2,500 to $6,000:

Anastasia

Arsenic and Old Lace Born Yesterday Circle of Christmas The Elephant Man Harvey

Idiot's Delight

The Killings Tale

The Lark

Macbeth

A Murder Is Announced

Mary Higgins Clark Mystery Readings' Ordeal By Innocence

Sherlock's Legacy

Twelve Angry Jurors

The Unexpected Guest

Wait Untn Da:u:k

2. Donated services to edit or re-compose music for Clear Channel Radio advertisements (:30 and :60 spots) for NYSTI productions. Services also included reformatting to conform with radio station standards.

A Legend of Sleepy Hollow Letters From a Window in the Sky Philadelphia Story

Arsenic and Old Lace

Sleeping Beauty

Twelve Angry Jurors

Macbeth

Anastasia

Idiot's Delight

(List Incomplete ... )

3. Donated services as Music Director for A Legend of Sleepy Hollow which included teaching music to four (4) cast members who played instruments during the performances and teaching music (vocals) performed by cast members.

4. Donated use of keyboard (waived rental fee) forperfonnances of King Island Christmas December 1-18, 2009.

5. Donated services for 2007-2008 Season Teacher Preview (performed musical numbers from Letters From a Window in the Sky).

6. Donated services in November 2008 (for December 2008 production) to create usable sound tapes from original Sleeping Beauty production (1992) which were in substandard condition. Service included removal of scratches, hiss and general noise. Value of donated service is $2,000.

7. Donated services to compose additional music for 2008 production of Sleeping Beauty at request of Co-Directors, Value of donated service is $10,000.

8. Donated services for NYSTI Ice Cream Social (June event for teachers):

June 27, 2007:

Volunteered to provide background music for the event and brought his own set-up and performed during the program.

June 12,2008:

Provided music (CD) from Letters From a Window in the Sky for use by the team staffing the table which featured this production.

June 18,2009:

Provided music (CD) from A Legend of Sleepy Hollow and also donated services to set up sound system in the Schacht Fine Arts Center which provided a microphone and amplification of the audio portion of a Powerl'oint presentation with nan·ation.

9. Donated services as Producer for NYSTI Family Classic Audio Books listed below.

Hollowville

Letters From a Window in the Sky King of Shadows

Sherlock's Legacy

Heart of Troy

Sherlock's Secret Life

A Tale of Cinderella

Zoe Caldwell Reads Oscar Wilde Fairy Tales

10. Donated services to design the Audio Book CD Jackets for the NYSTI Family Classic Audio Books listed below.

Hollowville

Letters From a Window in the Sky

11. Donation "Create Your Own Personal Theme Music" to NYSTI Silent Auction in 2007.

Value of donation (composing services and studio time) is $5,000.

12. Donated services to represent NYSTI at request of Production Manager/Technical Director at a meeting on 8/19/08 with acoustician from The Sextant Group, Inc., a company working with the architectural fum of Celli-Flynn hired by Sage Colleges to renovate the Schacht Fine Arts Center.

13. Donated services as Sound BOaJ.'d Operator on 6/13/08 at request ofNYSTI Production Stage Manager when operator hired by NYSTI was absent.

14. Responded to a request for assistance from Stage Manager when equipment malfunctioned during a performance of Letters From a Window in the Sky on 6/9/09 at Tamarac Elementary School and traveled to assist on-site. Mr. Severin performed live as there was no time to repair the equipment and the performance had begun.

15. 100% SOUND supplies NYSTI at no charge or rental fee with additional microphones, cables, adaptors for each production in addition to a laptop computer with sound design elements used during technical week rehearsals.

16. Serves as a pro-bono resource for NYSTI Production Manager/Technical Director with regard to sound and audio issues as NYSTI has no permanent sound technician on staff.

17. As Sound Designer consistently stays through the first Tuesday morning school performance to assure integrity of sound for the production and affirm sound board operator has no issues in running the board.

18. Contributes to NYSTI Teacher Study Guides at request ofNYSTI Education Director and participates in "Talk Backs" with student audiences following morning performances upon request.

EXHIBIT "2"

THE FREDERICK LOEWE FOUNDATION, INC.

June 9, 2006

The Honorable Eliot Spitzer

Office of the Attorney General of the State of New York Department of Law

State Capitol

Albany, New York 12224-0341

The Honorable Alan G. Hevesi Comptroller of the State of New York 110 State Street, 15th Floor

Albany, New York 12236

FVL/ajb

Gentlemen:

I am writing to you as President of the Frederick Loewe Foundation. In recognition of the excellent work of the New York State Institute. The Frederick Loewe Foundation gave two (2) grants of Seven Thousand Five Hundred ($7,500.00) Dollars each to the New York State Theatre Institute which were unrestricted. Weare pleased that the grants were used to support fees and expenses for the musicians and director for the cultural exchange-productions of AMERICAN SOUP in Sweden September 2005 and in Italy July 2006.

We are aware, and approve the professional participation of Members of Dr. Snyder'S family in these cultural exchanges, and that their fees and expenses were paid from the proceeds of the grants.

We plan to continue our support of New York State Theatre Institute's important work toward mutual understanding 8.11d tolerance through its international cultural exchange program,

c/o FITELSONy LASKY, ASLAN & COUTURE 551 FIFTH AVENUE, NEW YORK, N.Y. 10176 - SUITE 614 TEL: (212) 586·4700 • FAX (212) 949·6746

EXHIBIT "3"

~

c0'd ll::llOl

MINIMUM 'DESIGN RATES 2006 Reglonal~ Resident, Dinner Theatre' Schedule A

~Jj)N!£Ri~lql\:lrm:
ElllI!h Add. Unit Set
Seating Capacity Single Set TwoSet5 Set wlPbase(s)
1-199 seats $2,197,00 $2,473.00 $86.50 $2,561.00
200-299 seats 2,973.00 3,444,()O 145.00 3,556.00
300-499 seats 3,776.00 4,422.00 302.00 4,702.00
500·999 seats 4,685.00 6,044.00 741.00 5,621.00
Over 1000 scats 5)75.00 6,866.00 763.00 6,6216.00
COSTUME D~§(~~rn~
Number of Co s t u m e «
Seating Capacity 1-10 11·20 21-30 31 Plus
l-199 seats $.2,191.00 $47,00 ea. $41.00 ea. $44.00 ea.
200·299 seats 2,97.3.00 81,00 ea. 47.00 ea. 45,00 ea.
300499 seats 3,776.00 99.50 ell. 63.00 ea. 54.50 ea.
500·999 seats 4,685.00 137.00 ea. 99.50 ea. 70.50 ea.
Over 1 000 seats 5,175.00 169.00ca. 112.00 ea. 99.S0ea.
LICH"tING DESrGNI~R:
Seating C~p.aelty Single Set Multiple Set or
Unit Set wlPhasc(s)
~ H99 seats $2,197.00 $2,561.00
200·299 seats ~,688.00 3,556.00
300·499 Seats 3,416.00' 4,702.00
500-999 sears 4,135.00 5,62(1.00
Over 1000 seats 5,175.00 6,216.00
,.;~:.~ .... -::: -; .... ,."!+t ... ~~~~~,. Seating Cnplldty '1·199 seats 2()0"299 seats 300-499 seats 500·999 scats Over 1000 seats

Basic

$2,197.1)0 2,688.00 3,416.00 4.135.00 5,175.00

Minimum A.ddiIWnal Wec/dy Compe1lsatio1l (A. We) fot' All Designers Slwll' be Five (5) Weeks WeeksHS or Periol'mance $91.00

, 103.50 115.00 135.00 160 . .55

Seating Capacity H99 seats 200-299 seats 300-499 seats 500-999 seats Over 1000 seats

Weeks 16 Plns

$135.00 149.50 15".50 lS7.S0 185.50

DAIL\' RAn:s (adaptation and additional Work)

Seating C.apatity Day Rate

1. ·299 seats $240.00

300·649 St!'.:its 317.00

650-999 seats 348.00

Over 1 000 seats 39:;>,.00

PER DIEM: $81.00 (does not include hotel or tm11sportation) P.r:NslON AND W~LJi'AltE: 17% of gross compensation

DESIGN AsSISTANTS: $771.00 per week + 17% of gross comp~~sation

7.1/1/7.1/1".-1 HIII7. (,,1.,6 ztz 1:

SlSI1~1::l )IN~)S a~lINn

EXHIBIT "4"

wn.LIAM SNYDER

Reimbursements or payments for airfare for him to attend Audie Awards

Awards held
Fiscal year 2004-2005 No records available Chicago, IL
Fiscl:1l year 2005-2006 $ 0.00 New York City
Fiscal year 2006-2007 0.00 * Washington, DC
Fiscal year 2007-2008 0.00 New York City
Fiscal year 2008-2009 0.00 Los Angeles, CA
Fiscal year 2009-2010 0.00 NYSTI did not attend TOTAL

$

0.00

* NYSTI originally paid for Mr. Snyder's airfare, but was reimbursed by Patricia Snyder for the cost of$ 227.10

NYSTI did not pay for any of Mr. Snyder's airfare costs during the periods above

Researched and presented by Ben Ma~l~ ~

WILLIAM SNYDER
Direct payments/reimbursements
Fiscal year 2005-2006 $ 435.94
Fiscal year 2006-2007 1,075.17
Fiscal year 2007-2008 1,369.32
Fiscal year 2008-2009 0.00
Fiscal year 2009-2010 ' 0.00 TOTAL $ 2,880.43

Researched and presented by Ben Masaitis, March 2010

~~J

EXHIBIT "5"

IfNYSTI does not receive $200,000, Dr. Snyder stated NYSTI's budget will have to be reconfigured. Additional concern is $61,000 owed to NYSTI for mandated salary increases negotiated by GOER and UUP may not be forthcoming. The Board may need to explore reducing NYSTI employees levels of employment.

'Dr. Snyder distributed a budget and outline of the proposed renovations for creation of a scene shop in the building at the comer of Division and 2nd Streets. The estimated cost of $200,000 will be covered by the balance of the grant made possible by Senator Joseph L. Bruno. NYSTI will obtain three bids for each portion of the project and anything over $15,000 must be advertised. The plans must be approved by the City of Troy Planning and Historical Committees

which may make additional requirements. '

A motion to approve a $200,000 budget for the renovation of the scene shop was made by Margaret Soter and seconded by Dora Myers. The motion was unanimously approved. Thesefunds will come from the grant arranged last year bySenator Bruno.

The next three items on the agenda were informational.

Samuel French will be licensing, eight plays developed by the NYS Theatre Institute, and

NYSTI will receive a portion of the royalties from the authors. '

NYSTI is participating in the New York Times Arts & Leisure weekend with its production of Ladies of Song. A copy of rue announcement which appeared in the TImes was included in the Board briefing book.

A copy of a review of The Frog Prince/Peter and the Wolf audio book which appeared in Chicago Parent Magazine was included in the Board briefirig book.

The program from the Yaddo Artists Retreat Benefit for the Yaddo Garden Association was included in the Board briefmg book. NYSTI presented a staged reading of a play written by Katrina Trask at this event.

Upon a motion made by Eugenia Sperrazza, seconded by Joan Wolfe and approved unanimously, the Board affirmed the UUP Agreement and SUNY Policies of the Board of Trustees as the operational guidelines for all NYSTI employees. Furthermore, if an employment situation arises that is not explicit in either the UUP contract or the SUNY Policies, the precedent ofNYSTI's operational policies as established through the State University of New York and the standard practices of the theatre industry will prevail as NYSTI was created as an amendment to the Arts and Cultural Affairs Laws of the State of New York.

It was suggested to invitea representative from the Governor's Office of Employee Relations to a Board meeting for an information session.

A question was raised regarding Board Meeting attendance. The Chairman said that a policy of participation via conference call was approved-at a previous meeting.

NYS

. IPlf'OfessBonaW theatlll"'e for family audiences

, .

I

A Meeting of the Board of Directors of the NYS Theatre Institute was held' Tuesday, August 7,2001 at Noon at 37 First Street, Troy, New York.

Attendees:

Not in attendance:

David W. Morris, Esq., Chairman Ms. Carleen Graham

Ms. Dora P. Myers

Dr. Sharon Robinson

Ms. Joyce Shenker

Dr. Patricia Di Benedetto Snyder

Ms. Margaret Soter (waiting for confirmation) Ms. Eugenia Sperrazza

Ms. Jane Wait

Ms. June Wolfe (waiting for confirmation)

Mr. Leon Fassler

Ms. Karen Brooks Hopkins

Waiting for confirmation:

Mr. Nathaniel Niece-Annan

Also:

Ms. Olga Delorey Ms. Ann Lippman Ms. Christine Saplin

Prior to the beginning of the Board meeting, Dr. Patricia Di Benedetto Snyder invited all members of the NYS Theatre Institute Board of Directors to dinner at her home on Wednesday, August 15th to officially welcome Geraldine and Jerel Golub, the Co-Chairs of the joint fund raising efforts of the NYS Theatre Institute and the Sage Colleges for the renovation of the Schacht Fine Arts Center. Also invited that evening is the President of The Sage Colleges and

the Trustees of their Board. .

Dr. Snyder also informed the Board of a benefit reading which will take place at Yaddo, the artist's retreat in Saratoga Springs, on the evening of Tuesday, September 11 tho NYSTI has been invited to read an original play written by Katrina Trask to an invited audience for the benefit of the Yaddo Garden Association. This evening would also celebrate the 25th Anniversary ofNYSTI.

Following lunch, Chairman Morris called the meeting to order at 12:35 p.m.

As the first order of business, Chairman Morris read a resolution marking the twentyfifth anniversary of the NYS Theatre Institute and aclmowledging its Producing Artistic Director and founder, Dr. Patricia Di Benedetto Snyder. On motion made by Dr. Sharon Robinson and seconded by Ms. Jane Wait, the resolution was unanimously approved. (copy attached)

37 First Street, Troy, NY 12180

(518) 274-3200 • Fax: 274-3815 • e-mail:nysti@capital.net www.nysti.org

Chairman Morris asked for any additions or corrections to the minutes of the Board Meeting held April 30, 2001. As there were none, Ms. Joyce Shenker moved to approve the minutes. Ms. Eugenia Sperrazza seconded the motion. The minutes were approved.

Dr. Snyder spoke about the Statewide Arts and Education Caravan of A Tale of Cinderella which took place from March 220d through May 24th, 2001. The tour began at Proctor's Theatre in Schenectady, New Yorlc, and traveled to Staten Island, Buffalo, Manhattan and Syracuse. The tour reached more than 31,000 young people and families.

Ms. Christine Saplin, Education Director at NYSTI, gave a detailed report of her role during the tour. Ms. Saplin was responsible for the Study Guide for A Tale of Cinderella as well as teacher in-services. Ms. Saplin also spoke to approximately 5,500 students during classroom preparations.

Dr. Snyder spoke of a call from Lincoln Center regarding the possibility of involving NYSTI in their Reel to Real program in December, 2001, with NYSTI's production of Miracle

on 341ft Street. . .

Chairman Morris called on Dr. Snyder and Ms. Olga Delorey, Associate Producer, to speak about NYSTI's Union affiliations. At the auditor's request for disclosure purposes, Dr. Snyder and Ms. Delorey presented to the Board a description of Union affiliations and

ments for NYSTI and jobbed-in employees.

Chairman Morris aslced Dr. Snyder-to speak about the establishment of an Endowment Fund. The Endowment Fund was to be established with $73,000 from a dedicated facility fund. Dr. Snyder suggested that the. establishment of this fund be postponed due to the fact that there is no State budget in place, and these monies might need to be utilized for NYSTI operating purposes.

Chairman Morris noted that in June, 2001, a warehouse building belonging to The Sage Colleges was purchased by NYSTI for $126,169. The building is on the comer of2od and Division Streets and will be used by 'the NYSTI Scene Shop. Work is progressing slowly on the renovation of this building. It is hoped that the building can be occupied before winter.

The Scene Shop currently is housed in a building in Albany owned by Picotte Companies. Picotte does not charge NYSTI rent, but utility costs are approximately $6,000 - $7,000 a month.

Senator Joseph L. Bruno made available to NYSTI a $750,000 grant, from which the administrative office building at 37 First Street and the Scene Shop warehouse were purchased. There is $304,227 remaining after the purchase of these two buildings which will be used for renovations to both buildings.

Dr. Snyder announced a $7,500 grant from the Howard & Bush Foundation to be used for' construction of a handicapped accessibility ramp in the rear of the 37 First Street administrative offices building.

Dr. Snyder spoke about the lack of a State budget and shared with the Board letters that were written to and received from the Division of Budget.

Dr. Snyder announced that it ishoped renovation construction on Schacht Fine Arts Center will begin next year. An application for funding under the Community Enhancement Facilities Program (CEFP) has been submitted. It is hoped our proposal will receive a favorable hearing by the Governor's office, and that a decision will be forthcoming soon.

Audit and management letters as of March 31, 2001 were submitted by George Kaminski; CPA, auditor for NYSTI. Chairman Morris stated he appreciates :rv.i:r. Kaminsld's work on behalf ofNYSTI.

The Public Authorities Report for 2000-2001 as presented to the Office of the State Comptroller was distributed to the Board for review.

The date of the next Board meeting was set for Tuesday, October 30th•

Respectfully submitted,

Ms. Joyce Shenker moved to adjourn the meeting. The motion was seconded by Ms.

Jane Wait. Meeting adjourned at 1:40 p.m.

.

t~vt- drrJ~t&~t)

Ann Lippman

, ' I

, I

RESOLUTION

. ' .

. WHER.EA~ The New 'york State Thecrtre Institute was Qreated by the New York St;ate Legjsli;rt"/-Il"e 1TI.1974· as the Empire State. Youth Theatni Instittrte

al1d pl"esenteil 'its first season 111 1976, . al1d .

. . .

. '.

WHER.EA~ the Theatre Institute has touched the lives of 110 fewer

than' eight -rl'rmi0l1. YOU!1g. p~opJe:Ql1d their f.amilies cwou:nd the globe, Ql1d

. vtli-lEREAS,' the Theatre Institute' s procil;lcti~l1s have eam~d.

Ln_1jy~y.f?al.acc1aim for g.ro~tic crnd educapori~rexcejJeTIce; Ql1d . .

WHEREA~ the TheCrtre ·lnstimt~· 1? a vital force for arts in educ;citkm Ql1cl'1iumaf]is~, anci .

'. ... . . .

. '. WH.EliEA5,the sinqulcn~ vision of Dr. Patricia Vi. Benedetto Snyder

, . " .' '.

re$u1t~,;l"in the cre~rtiol1 Ql1d qrowth of the Theatre l,!stTI:ute,.anci. . .

WHEREAS,' the Theatre Institute will rncrrk its 2~th cmntversctry 'se:ason of plays, musicals Ql1cl edtfcational'pYc:?qr.qms·iw2qo1-2Q02,

,. '. . . . .

NOW THER!!FORE, BE IT RESOLVED THAT the Board of "!Directors of the New York St;.¢e Theatre Institute Corporation qrate~lly l"ecC?9.nizes it? .

Pyo~~cing Artistic Director· . , . .

. ,

Dr. PATRJC1A DJ B'ENEDETTO.SNYDER

. . . . .

for her unflqggmq dedication to the Theatre: Institute; ~ ,performers, its ernployees. 'and: its audiences over. the, past cp,,{(:;!rter. century qnd· sqlutes her creative spirit, tenacity, wisdom Ql1d service for those twenty-five: yea-rs tls the

. Theatre Institute enters itsnext cpAarter cerrtury,

., ." w •

Auqu~t 7,' 2001· Troy, New York

. \ .\

NYS., Theatre Institute rf0arcl O! Dly~ctor~ .

~CcJ. ~}vL~~

Pavid W.· Moms, Chcrirmcrn"

: '

i !

I ~ I

Primary Union Affiliatiuns

Requirements as they relate to NYSTI will be presented at the meeting of the NYSTIC Board of Directors

United University Professions (UUP)

Actors Equity (ABA)

American Federation of Musicians (AP ofM)

Society of Stage Directors and Choreographers (SSDC)

International Alliance of Theatrical Stage Employees (IA TSE)

United Scenic Artists

American Federation of Television and Radio Artists (MTRA) .

! I

, !

Association of Theatrical Press Agents (A'Tl' AM)

.' A

All NYSTI employees are members with the exception of three Management/Confidential employees (Snyder, Delorey, Lippman). Legislation stipulated that all NYSTI employees were to retain their collective bargaining representation. The current UUP contract is in force until July 1, 2003. There is an appendix to the contract which pertains specifically to the Theatre Institute.

ACTORS EQUITY ASSOCIATION

Pension:

Health:

2 Yz % of gross wages $96.25 per week

The majority ofNYSTI Teacher/Actors are members of Actors' Equity Association but work under the UUP contract at NYSTI. On touring productions, some venues require Actors' Equity contracts for all performers and as such all NYSTI Teacher/Actors and Stage Managers must sign the Equity contract. They receive their NYSTI salary and per diem but pension and health contributions must be made to Actors' Equity.

Local 14 (Troy/Albany) requires -0- health and pension. Wages are reported on Contract FormL-l.

Local 802 (New York City)

Health: $50.00 per week

Pension: 8% of gross wages

NYSTI is not required to hire union musicians exclusively. However, if a musician is a union member they must be signed to a union contract as required by AFM local with pension and health contributions (if applicable).

II

, I

Pension:

Health:

8% of gross wages

Based on compensation as follows: $0-1249 $1250-2999 $3000-5999 $6000-11,999

$ -0- $350 $600 $900

Patricia Snyder and Ed Lange are members of the Society of Stage Directors and 1

Choreographers and as such must sign an SSDC contract, Pension and health

contributions cannot be waived per SSDC regulations, Patricia Snyder arid Ed Lange

waive their directing fee but receive expenses.

UNITED SCENIC ARTISTS Pension and Health:

15% of gross wages

IATSE

Stage hands used for load-in and load-out of scenery at theatre. Paid on an hourly basis (IATSE established rate) for a minimum 4 hour call. No pension and health payment required.

NYSTI is not required to hire union designers (IATSE Local 829-USA) exclusively. However, if a designer is a union member they must be signed to a union contract with pension and health contributions.

AFTRA

Actors placed on an AFTRA contract for Original Cast Album, Video and Audio Boole Recordings.

Health & Retirement: 11 % of gross wages

The majority ofNYSTI Teacher/Actors are members of AFTRA. Select projects may require they be signed to an AFTRA contract as union members with pension and health contributions.

ATPAM Pension: . Health:

Vacation:

8% of gross wages $71.67 per week

8 ~ % of gross wages

EXTRA SERVICE

Page 1 of3

EXTRA SERVICE

DEFINITION

Extra Service is work performed by an employee that is substantially different from or in addition to his/her regular assigned professional responsibilities. These special assignments may be performed on the home campus or at another state agency, but must not interfere with the individual's regular professional responsibilities.

UNDER WHAT CIRCUMSTANCES CAN AN INDIVIDUAL EARN EXTRA SERVICE?

Faculty and Professionals: These assignments may involve, but are not limited to teaching, research and public service. It must be clearly demonstrated that such research or other service exceeds that which is normally performed under the regular obligation.

Classified (Under limited conditions): Classified employees will only be eligible for extra service if the second position is sporadic and substantially different from their main position (e.g., a full time Keyboard Specialist, whose extra service position is taking photographs at University events - this is substantially different from the keyboard specialist position and the extra service position is sporadic). If responsibilities are even remotely related to the primary position it must be treated as overtime. Classified employees will receive time and one-half for hours worked in excess of 40 hours in one work week. Employees who have a work schedule less than 40 hours will earn comp time up to the 40 hours and time and one-half thereafter.

P: ... t-Time Employees: Employees whose primary appointments are part-time may be paid

, .icurrent" (not extra service) if the work is for another state payroll agency and the combination does not exceed full time (100%). If the work is for their primary payroll agency, they may have their part-time payroll percent and salary increased (up to 100%) to compensate them or be paid via extra service. In the event they go over 100% the amount above will be considered extra service.

LIMITATIONS

Compensation for extra service may not exceed an amount equal to 20 percent of base annual salary in any calendar year. For example, a professional staff member earning a salary of $25,000 may not be paid more than $5,000 for extra service during the course of his or her annual professional obligation. Summer employment of persons having an academic year obligation does not constitute extra service.

Employees may not engage in other employment whether within or outside the University, which interferes 'with the performance of their primary professional obligation. Additional extra service activities must conform to the ethical standards mandated by Section 74 of the Public Officers' Law. (click on link to Section 74). In essence, an employee may not engage in any business or transaction or professional activity of any nature,

which is in substantial conflict with the proper discharge of his/her duties in the public interest. .

http://lrr.albany.eduicontenti7-2007_EXTRA_SERVICE%20POLICY.htm

3/22/2010

EXHIBIT "6"

CITY OF TROY AMBULANCE

PO BOX 2~0184 WETHERSFIELD, CT 06129-0184

800-336-6402 860-257 -9201

Call Number:CTYF18961

Federal Tax ID: 14·6002472

Insurance: CAPITAL DIST. PHY. HEAl

Account Number: PTYF10314 Date Of Cali: 11/29/2007 Call Time: 09:30 PM

From Location: 200 BROADWAY

To Location: SAMARITAN HOSPITALITROY 412

OLGA DELOREY

69 ORCHARDVIEW DRIVE CLIFTON PARK, NY 12065

Reason(s) 789.00
For 780.2
Transport 458.9
785.0
HCPC QUANTITY UNIT PRICE AMOUNT
A0427 1.0 781.00 781.00
A0425 1.0 13.60 13.60 Name: OLGA DELOREY

DESCRIPTION OF CHARGES ALS-1 BASE

GROUND MILEAGE

Total Charges

794.60

DESCRIPTION OF PAYMENT

INSURANCE PAYMENT - CAPITAL DIST. PHY. HEALTH PLAN

RECEIPT PAYMENT DATE

RTYF08217 01/28/2008

AMOUNT 744.60

Total Credits ~

PLEASE PAY THIS AMOUNT => ~

/111 . ..2/~~r ""9..281

I request that payment of authorized Medicare, Medicaid, andlor other Insurance benefits be made on my behalf to CITY OF TROY AMBULANCE for any services furnished to me by that supplier. I authorize any holder of hospital or medical information about me to release to the Health Care Financing Administration and its agents and carriers as well as to CITY OF TROY AMBULAl'\TCE any information or documentation needed to determine these benefits or the benefits payable for related services. I permit a copy of this authorization to be used in place of the original. I understand that this authorization may be used by the supplier for all services in the future until such time as I revoke this authorization in writing.

SIGNED EFFECTIVE 11/29/2007

WE HAVE RECEIVED A PAYMENT FROM YOUR INSURANCE CARRIER. PLEASE CALL OUR OFFICE TO LET US KNOW IF YOU HAVE SUPPLEMENTAL INSURANCE.

EXHIBIT "7"

EZ Pass Archive W5

3/25/107:30 PM

MARY HANSEN

Statement Date :

07/04/08

114 CATHERINE STREET

Account Number;

0000000058538769

SARATOGA SPRINGS, NY 128661710

Activity For:

06/04/08 - 07/03/08

Beginning Balance

$45.00

Replenishment Method

. VISA

Tolls, Non-Tolls & Fees

$23.18

Replenishment Amount

$25.00

Payments/Credits

$0.00

Replenishment Threshold

$10.00

Ending Balance

$21.82

Tag Deposit

$0.00

I Message.

POST TRANS TAG NUMBER! ENTRY EXIT cli AMOUNT I BALANCE
DATE DATE PLATE AGENCY PLAZA I DATE ITIME PLAZA I DATE ITIME PLAN
06/10/08 06/04/08 00402347806 ALB A 06/04 22:15 A 06/04 22:53 Basic 00 $ 2.00 $ 43.00
06/21/08 06/20108 00402347805 NYSTA 24 06/20 11:32 15 06/20 13:37 Basic 2L $ 4.14 $ 38.86
06/22/08 06/21/08 00402347805 NYNJArpt EWB 06/21 14:52 EWM 06/21 16:12 Basic 00 $ 9.00 $ ·29.86
06/23/08 06/22/08 00402347805 NYSTA 15 06/22 20:58 24 06/22 22:26 Basic 2L $ 4.14 $ 25.72
06/24/08 06/21/08 00402347805 NJTP 18E 06/21 14:28 13A 06/21 14:46 Basic 01 $ 2.20 $ 23.52
06/24/08 06/21/08 00402347805 NJTP 14 06/21 16:15 18E 06/21 16:23 Basic 01 $ 1.70 $ 21.82 A - ALB Airport - lot A/Garage 14 - 1-78/Newark Airport

EWB - EWR Airport - lot B

15 - Woodbury Toll

Thank you for using E-ZPass

Plaza Descriptions

13A - Newark AprtlElizabeth Seaport 18E - lincoln Tunnel/NJ 3/Secaucus EWM - EWR Airport - Main Plaza

24 - Albany (1-87)

https: Ilwww.e-zpassny.com:443/vectorlaccount/transactlons/statementView.do?pdf=071 04/2 008

Page 1 of 1

EXHIBIT "8"

NYS

Ins

tu

Professional theatre for family audiences

August 9,2005

MEMORANDUM

TO: Beth Cbromey

FROM:

RE:

Trave~einnbursement

DATES:

August 6 -7, 2005

I will be directing The Lark this coming season and I am commencing my research and pre-production preparation ..

On Saturday, August 6, 2005 I traveled to the Stratford Festival in Ontario, Canada to see The Lark at the Stratford Festival along with Mary Jane Hansen, the actress who will play Joan and Will who will be our Sound Designer along with Charles Eble, for the production. My husband Bill accompanied me and drove our personal car.

Hotel reservations were made for me by Ann. The bill for the hotel for the evenings of August 6-7, 2005 is attached along with the receipt for the ferry from Rochester to Toronto, and a receipt for gasoline, tickets for the production, several items I purchased at the book shop at Stratford for our library and for research for myself as well as for Christine Saplin's use for our study guide, a copy of the program, and partial receipts for meals. I am not requesting mileage.

I have enclosed a US and Canadian conversation table for your calculation.

Please let me know what lowe NYST! as reimbursement for my husband's portion of the expenses.

37 First Street, Troy, NY 12180

(518) 274-3200 • Fax: 27.4-3815 • e-mail:nysti@capilal.net www.nysti.org

STRATFORD, ONTARIO- SHAKESPEARE FESTIVAL

On June 25,2008, Patricia Snyder reimbursed the Institute $ 182.34 for expenses charged on the NYSTI Corporate AMEX card. This reimbursement was for 114 of the charges on the attached five receipts. These expenses were incurred by Mr. William Snyder as he had traveled with Mrs. Snyder on the trip

EXHIBIT "9"

NYS

u

Professional theatre for family audiences

March 17, 2010

Dear Sir or Madron:

I have been asked to write to you in regard to a purchase made for our production of "The Lark". The actress who was playing the lead role of Joan of Arc began the rehearsal process using a pair of dance shoes that we were able to pull from stock. Having only soft dance soles, these shoes wore out during the rehearsal process. We, therefore, needed to get her another pair of these Capezio dance shoes to ftnish up the rehearsal period as well as a possible back up pair to ftnish out the run of the show.

Since it was late in the build period for the show, and since the actress needed a pair right away, I called Patricia Snyder who I knew was going to be coming right back from NYC and asked her if she would mind doing us a favor and picking up an order for us at the Capezio store while she was still in the city. She agreed to do so, and since I had no way to send her money in advance, she used her own credit card.

I hope that this helps to clear up any misunderstanding that may have resulted from my request.

Sincerely,

Kdhur_~

Karen Kammer

Costume Shop Supervisor

37 First Street, Troy, NY 12180

(518) 274-3200 • Fax: 274-3815 • e-mail:nysti@capital.net www.nysti.org

March 15,2010

Mr. David W. Morris Board Chairman

New York State Theater Institute 37 First Street

Troy, NY 12180

Dear Mr. Morris,

It has come to my attention that Ms. Patricia Snyder has been asked about wholesale purchases made in the nineteen-sixties and seventies at Seagroatt Floral Company in Albany, New York.

The Seagroatt family has been a member of the business community in the capital region since 1927 and has had the privilege of supporting many local organizations, both for and not-for profit for many years.

I personally had the pleasure of meeting Ms. Snyder with my family at many of the Children's Theater productions in the past. As a strong supporter of the arts in general and the Institute in particular, I encouraged Ms. Snyder to visit our company. It was both a pleasure and a privilege for the Seagroatt Companies to make donations in support of the theater and its staff as well as allowing the group to purchase whatever supplies we could furnish at wholesale prices to assist in their laudable and artistic endeavors. At no time did Ms. Snyder or any of her staff misuse their position as employees of the Institute.

Dave, I hope this lends some clarity regarding Ms. Snyder, any purchases by the Institute and the Seagroatt Companies. I trust you will contact me at my office if I can be of any further assistance in clearing up any questions you may have.

Yours truly,

Edward A. Seagroatt Seagroatt Riccardi, Lts. 5 Avis Drive

Latham, NY 12110 518-785-8900 ext. 204

Mailing Address:

P.O. Box 13900 Albany, New York 12212

Shipping Address:

5 Avis Drive Latham, New York 12110

Telephone: (581) 785·8900 0 Toll Free: (800) 724·1112 • Fax: (518) 785·3601

EXHIBIT "10"

NYS Theatre Institute

Professional theatre for family audiences

ATT: Business Manager Fax: 518-274-3815

Purchase Reauest/Reimbursement

Date. _

Employee Requesting Purchase/Department. _:__ _:__ _

Production~ Oth~ ___

Item requested and

bate item required. _

Telephone Number. Fax Number _

Web Address. ~ _

Amount of item

$_-------

Shipping cost

$_---------

Total cost

$_--------

Employee signature Date _

Supervisor signature._........_ Date _

, 'Method ofpayn1ent __

Budget catogo~ __

FINAL COST

NYS Theatre Institute

Professional 'theatre for family audiences

ATT: Business Manager Fax: 518-274-3815

Cash Acivance/Pettv Cash Reimbursement $25.00 limit per transaction

Employee Name. Date. _

Amount Requested $. .Production(I£ applicable), _

Item required if utilizing petty cash. _

Employee Signature. Date _

Business Manager Signature. Dates _

NYS Theatre Institute Request for Travel Approval

Date Submitted

Requestor

Purpose of Travel

Period of Travel

Destination of Travel

NYSTI Producer Approval

----------------------------

Date Approved

Travel approvals should be attached to the travel vouchers and sent to the NYSTI Business Manager when submitting for reimbursement.

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