You just knew this was coming. STATE FAIR Former Empire Room caterers sue state By Teri Weaver tweaver@syracuse The former caterers at the New York State Fair’s Empire Room are suing the state for $950,000 to recoup money they say they lost after officials nixed a five-year contract that has come under the scrutiny of two state agencies. Michael Kyle and James Bova, owners of Charlie’s at the Fair, say they spent hundreds of thousands of dollars in equipment, marketing, entertainment, staffing and more to launch what they thought would be a long-term venture at the Empire Room. Seven months in, the caterers were told by state officials that their contract with the Department of Agriculture and Markets was never finalized. For the next year, Charlie’s owners continued catering but lost money because they could book events only on a monthto- month basis, they say now. They shut their year-round business at the fairgrounds May 31. Bova and Kyle are suing New York and the Department of Agriculture & Markets, seeking $950,000 in lost investments, income and interest, according to their lawyer, James Cunningham. “This is to make them whole,” Cunningham said Friday. Neither he nor the owners of Charlie’s would say exactly how much money they’d lost, only that it was “in the six figures,” according to Cunningham. The caterers are also suing the state comptroller’s director of the bureau of contracts, Charlotte Breeyear, for defamation. The Department of Agriculture and Markets and Comptroller Thomas DiNapoli’s office declined to comment. Nearly two years ago, former fair director Peter Cappuccilli Jr. pleaded guilty to official misconduct after receiving a discount for his daughter’s wedding from a former Empire Room caterer. The state yanked its contract with that company, Catering with a Flair, and awarded the business to Charlie’s in 2011. In June 2012, DiNapoli’s office said the contract with Charlie’s was improperly awarded and must be rebid. His office said it had never signed off on the agreement as required by state law. “Charlie’s at the Fair was given inside knowledge and an unfair procurement advantage,” Breeyear wrote to Ag & Markets Commissioner Darrel Aubertine. Now Bova and Kyle are suing Breeyear for defamation over that letter.
Posted on: Sat, 08 Jun 2013 12:22:13 +0000
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