Pork Lawsuit

This page will keep you posted about the progress of the Anti-corporate welfare lawsuit that is pending in State Supreme Court, Albany, New York.

The lawsuit seeks a permanent end to all cash grants to private corporations for “economic development.”

Oral argument in the case was held on December 3rd in Albany. The court reserved decision and should issue a ruling within 60 days.

Here is our action plan while we wait:

1. propose constitutional amendments to ban all forms of corporate welfare.

2. seek partners for the cause–The Libertarian Party is the first group to endorse our lawsuit.

3. prepare to lobby the legislature for the return of our money if we win the case.

Case documents are listed below (we are updating the site and all documents will be online shortly).



Make signs:

Google “Pork Lawsuit”

End Corporate Welfare

End the Gas Tax

Three Men in a Courtroom!

Contact: Jim Ostrowski, jameso@apollo3.com, (716) 435-8918.

Case Documents

Plaintiff’s Court of Appeals Brief filed February 23, 2011.

Court of Appeals Briefs filed January 2011.

Globalfoundries U.S., Inc.


New York State’s Brief

Breaking News – Updated July 26, 2010

State’s Motion for Leave to Appeal with Court’s Decision

September 13, 2010 – Decision and Order on Motion

Update January 6, 2010 -Appellate Brief filed.

The People v. The State of New York

Anti-Corporate Welfare Lawsuit

Legal Documents

Plaintiffs’ Documents


Plaintiffs’ Memorandum of Law

Plaintiffs’ Reply Brief

Affidavit of William L. Anderson

Defendants’ Documents

New York State Defendants


Memorandum of Law

Affirmation of Diane B. Smith

Affirmation of Kathy A. Bennett

Affidavit of Douglas G. Wehrle

Letter brief in response to Anderson



Affidavit of David R. Hoeft

Affirmation of Kathleen McDermott

Affidavit of Patrick O’Leary

Brief in Response to Anderson

Advanced Micro Devices, Inc


Memorandum of Law

Brief in response to Anderson

West Genesee Hotel Associates (Buffalo Hyatt)

Motion to Dismiss

Affirmation of Kevin J. Cross

Reply Affirmation of Kevin J. Cross

American Axle and Manufacturing

Affidavit of Robert E. Scott

Affirmation of Timothy J. Graber

Court of Appeals Process

Court’s Letter Regarding Subject Matter Jurisdiction

State’s Objection to Subject Matter Jurisdiction

Appellant’s Argument Supporting Subject Matter Jurisdiction

Decision of Judge Lynch

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