Did ANYONE see this man, Zachery M. Miller, at ANY of the Town Board or Planning Board or Zoning Board of Appeals public meetings during the period of March-October 2020, or did ANYONE witness this man, Zachery M. Miller, making any submission or statement at the Town of New Baltimore Town Board, Zoning Board of Appeals, or the Planning Board at any time in the period of March-October 2020?
Unless someone can come forward and state that he or she witnessed Zachery M. Miller to have been present at any Town of New Baltimore public meeting in the period of March-October 2020, particularly at any public meeting at which the C.A. Albright & Sons propane gas installation was discussed, Mr. Zachery M. Miller may be guilty of perjury.
According to New York State Penal Law, perjury is defined as:
Penal Law § 210.15. A person is guilty of perjury in the first degree when he swears falsely and when his false statement (a) consists of testimony, and (b) is material to the action, proceeding or matter in which it is made. Perjury in the first degree is a class D felony.
Zachery M. Miller submitted a sworn statement, an Affidavit to the New York State Supreme Court (Catskill) for consideration by Supreme Court Justice Adam W. Silverman, in which Miller states in paragraph 1 of the Affidavit:
“I was present at that meeting (the September 10, 2020), and the prior meetings, heard the majority of the testimony, and other discussion, such as it was, and personally witnessed the Planning Board’s vote to issue Site Plan Approval and a Special Use Permit for the Albright bulk propane storage and distribution facility at issue in this proceeding, which is located at the intersection of Route 9W and Route 144 in Hannacroix, N.Y (“Site”).”
We were present at the September 10, 2020, Planning Board meeting to report on the Board’s deliberations and to support the Albright project. While at the meeting we regularly surveyed those present to identify notables and to gauge the public’s reactions to the presentations and to the public comments. We at no time whatsoever observed anyone meeting the description of Mr. Zachery M. Miller at that or any other meeting.
Of course, if Miller was not there he could not possibly have made any statement, made any sort of presentation, and it would not have been possible for him to make a public comment or to object to the project.
Editor’s Note: We obtained the Sign-in Sheet for the September 10, 2020, Planning Board meeting and we see Zach Miller printed in, but there is no signature. Given the evidence, it appears someone may have “signed him in.” We find further evidence for the fact that Miller was not at the September 10, 2020, meeting. In the minutes of that meeting, the Planning Board, before proceeding to vote, ensured that no one was outside the room, and that everyone had a chance to comment. We have to conclude that Miller was not there. The minutes read:
Bob Court (Planning Board Member): “Is there anyone outside of this room, standing out there who needs to come in? I don’t know what is on the other side of the wall.
Michelle Stefanik (Planning Board Member): I got a “no.”
Rob Van Etten (Planning Board Chairman): Okay, then I guess everyone had a chance to comment.
[After reviewing the documents item by item to ensure everything was covered, the Board proceeded to vote and unanimously approved the Albright Special Use Permit application.]
Furthermore, Miller never submitted even a single written statement opposing the project. He only managed to crawl out of his hole when invited to join Nolan Propane and Michael “Old-man Balls” Biscone in harassing both the Town of New Baltimore and C.A. Albright & Sons, once the Albright project was approved by the Town. Sour grapes at work.
Now, all of a sudden, Miller comes out of the woodwork like some cockroach, and submits an asinine Affidavit that is full of irrelevant nonsense that only serves to indicate that Miller is quite possibly a pathological liar, and that Miller has some serious anxiety and possible psychological problems that should be dealt with. Now that is our pure opinion, and we are not posing as clinicians or making a clinical diagnosis, but some of Miller’s statements in his Affidavit certainly point to the possible fact that he has psychological problems. Here are some examples taken directly from Miller’s “Affidavit,” which was, by the way, taken and certified by Guess who? You guessed it! Michael “Old-man Balls” Biscone, Robert M. Nolan’s attorney, and co-attorney in the lawsuit!
In paragraph 2, Miller states: “As I understand it, Respondent Albright is the only party to oppose the motion for a preliminary injunction…” If Miller were ever present at a Board meeting, he would know that the New Baltimore community, despite Michael Biscone’s fraudulent presentations, overwhelmingly supported the Albright plan. The lawsuit would have remained secret had it not been for our reporting on it.
Furthermore, we expect that the Town of New Baltimore would have opposed the motion because not to oppose the motion would be tantamount to admitting that the Town made the very errors that Miller is charging as Nolan and Biscone’s puppet. What exactly the Town of New Baltimore is doing in this lawsuit is still being kept under wraps by Town Supervisor Jeff Ruso, who seems to like keeping things secret, and thinks that the residents and taxpayers of the Town of New Baltimore don’t have a right to know what’s going on. Wrong, Jeff!
Back to Miller. In paragraph 4, Miller gives his address as “2939 County Route 51, Hannacroix, N.Y. and states:
“My family and I have resided in this area for decades. On September 25, 2006, my [Miller’s] father Matthew J. Miller was killed in an automobile accident at a location approximately ½ mile [n]orth of the Site…A cross memorializing this loss remains on Route 9W near the accident site, where it has been for the past 14 years.”
While we do commiserate with Mr. Miller’s “loss” –– he was nine years old at the time 14 years ago –– we are straining to understand what this has to do with the Albright project. If anyone can help us make a connection, please do us the favor of leaving a comment, explaining what we may be missing.
In paragraph 5, Miller goes off explaining his anxieties:
“I have travelled Route 9W in this area nearly every day of my life…My day-to-day work as a logger requires me to pass the unsignalized Route 9W/Route 144 intersection, often several times per day and at times with a full load on my truck. Every time I drive past the Site, I am reminded of the loss of my father and the obvious dangers of this intersection, which large trucks roll past at high speeds all day, every day…I am gravely concerned for my safety and that of my family”
Miller’s father was nowhere near the intersection when he was killed. Miller’s father was actually involved in a fatal accident about 1 mile North of the Albright’s site. Why the Albright’s site would cause Miller to remember the loss of his father, particularly since Miller was so young at the time of his father’s accident, and particularly because the Albright’s site is nowhere near the place where Miller’s father was killed, casts some doubt on Miller’s honesty, and on his psychological state. The Miller accident location and the Albright’s site have absolutely nothing to do with each other! Is Miller reminded of his father’s accident, an accident that happened 14 years ago, every time he goes to the Hannacroix Post Office? Or every time he goes to the beverage center? If so, he should be getting treatment!
In paragraph 10 of Miller’s Affidavit, he claims that C.A. Albright “has some nerve.” He claims that they knew his father and the loss he, Miller, suffered. Miller acts as if he’s the only one on earth who lost a loved one. Breaking News! Bud, it happens every day and people manage to get a grip after 14 some odd years. Grow up, you jerk! Besides, you and your mother got a pretty hefty settlement in compensation for your “loss.” You and your family didn’t have much trouble spending that money, did you?
Miller claims that attempts to scare or intimidate him have not succeeded. Again, we are dealing with a sicko, who thinks that the truth and good faith advice to be good citizen and neighbor, rather than the local Judas and puppet of a bunch of low-lives is a scare tactic or an attempt at intimidation. Miller is obviously too stupid to even know what’s best for him. Fact: At a wedding two weeks ago he claimed he wasn’t suing Albright, that he had just signed a petition. Now in his Affidavit he’s tearing Albright apart! Miller just can’t get his story right. First he was going after the Town and and not Albright’s; now he’s going after Albright!
Anyone dealing with this Zachery Miller character has to have his own head examined! We wouldn’t trust the psycho as far as we could throw him.
Miller lives more than 3 miles from the Albright’s site. Miller lives in his mother’s home. There is no way in hell that a grown man living that far from a site that had nothing to do with his father’s accident should be as concerned or scared as Miller says he is. If he’s that scared or concerned, he’s got one hell of a problem and it’s not Albright’s site.
Apparently, Miller, despite his statements, doesn’t get into Coeymans very much, or doesn’t drive along Route 144 very much. If he did, he would notice huge trucks and many other vehicles crossing Route 144 from the Port of Coeymans to the Coeymans Industrial Park. This occurs dozens of times a day and there is no traffic light installed and signing is minimal. Furthermore, the Coeymans crossing is in a built-up area, whereas the Albright’s site is not. But Miller is very concerned in his Affidavit that trucks will cross 144 from Albrights property directly to the South, the proposed facility across Route 144 to the North, in an area that is clearly visible from all directions, which is not the case in the Coeymans example. Perhaps Millers lack of concern for the 144 crossing is based on the fact that some of his handlers’ major clients and cronies operate the Port of Coeymans and the Coeymans Industrial Park. Nah! That wouldn’t have anything to do with anything, would it?
Zachery Miller says he is very concerned about his own safety and that of his family. Here’s what he has to say in his Affidavit:
“I was immediately concerned…given our past experience [14 years ago?!?!] and my frequent use of the Site [the “Site” is defined at the beginning of the Affidavit as Albright’s. What is Miller doing at the Site, if he’s frequently using it? It doesn’t make any sense!]…and given the long history of accidents at this intersection [Really?]… As previously stated, I travel this area nearly every day, sometimes many times a day, and do so out of geographic necessity…If did not use this intersection and area, I would be much less able to shop, work, use the Post Office, or travel to the more developed areas to the [s]outh of the Intersection. This is basically the only route to the more developed areas, and to most of my job sites.”
First of all, we think Miller’s far-fetched and exaggerated statements are intended to take advantage of the readers’ unfamiliarity with the area. Anyone who has lived in this area for any length of time would have a good laugh when reading Miller’s statements. They’re ridiculous.
Furthermore, many of us travel that exact same route several times a day without a care in the world. Furthermore, anyone living in the area would know of multiple alternate routes from where Miller lives that would not require Miller to go near Albrights!
Second, Albrights have been entering and exiting their property for 100 years without any problems, even before there was ever a Route 9W! And what about the hundreds, if not thousands of members of the public driving past that intersection every day, sometimes multiple times a day? How many of them have Miller’s anxiety and paranoia? Was a stink made when the Hannacroix Post Office was located at that intersection? Or the antiques shop? Or Anatriello’s sign company right across from the Site? Don’t dozens of vehicles enter and exit those sites on a daily basis, totaling perhaps hundreds when all traffic entering and exiting the properties is totaled?
“I am a local. They are not. The public-at-large does not live less than 2.5 miles away [he’s actually more than 3 miles away] from the Site along a rural road with no services. [So what?]…Most notably, the public-at-large has not suffered the loss my family has suffered caused by what we believe to be unsafe road conditions in this area.”
Again, Miller is attempting to misuse an event that occurred more than 14 years ago to justify his concerns! Ridiculous! Sick! Another point is what does Albright have to do with road conditions? Isn’t that a New York State Department of Transportation issue? But the NYSDOT signed off on the Albright project! If Miller attended any meetings, as he states he has done, or if he had heard the Planning Board’s deliberations, he would have known this.
Miller thinks that “the loss” has something to do with Albrights! Crazy. Miller’s “loss,” we repeat, appears to be Miller’s problem, a mental problem, and has nothing to do with Albright’s, the Town of New Baltimore, or the Planning Board. It has to do with Miller’s real or fake anxiety and psychological problems. But he chose to put it in writing, in black and white, and make it a public-access document. Miller can’t be serious, and if he is, he’s seriously sick.
Miller claims that because he is local, his concerns are more valid than any concern or lack of concern on the part of the general public. How can that be? Well, if you’ve been following this, you’ll already know at least two possible answers: Miller’s mind might be one possiblity. The other possibility is that Nolan and Biscone have to make their monkey appear genuinely concerned, no matter how stupid or sick it makes him look. Too bad Miller doesn’t pick up on this.
Miller must truly be an idiot. We are convinced of this fact when we read through his Affidavit. It is ridiculous, irrelevant, and the product of a disordered mind and thinking process.
In Miller’s mind, he feels he is being endangered, but that’s in Miller’s mind. It’s not real. Literally thousands of travelers, business, commercial, and private travel that stretch of Route 9W and the intersection of Route 144 and Route 9W. Many of those travelers are locals and have lived here not only for decades but for generations. So far none of those residents or travelers have expressed Zachery Miller’s concerns because only Zachery Miller has those concerns. They are not real to the rest of us but they are real for Zachery Miller. When fears are in a man’s head and only in that one man’s head, we call that mental illness. Zachery Millers fears, if we are to assume that his statements made in his Affidavit are believable to anyone but Zachery Miller, are not rational, they are apparently affecting his day-to-day life in a negative way, his father’s death appears to be some pretty serious baggage he claims he is still carrying, even though it happened 14 years ago, when Miller was 9 years old. Something’s wrong with this picture, people.
When documents like Miller’s Affidavits are prepared by men licensed to practice the law, signed under oath by a man like Zachery Miller, and submitted to a high court in this State with the intention of influencing a Supreme Court Justice reviewing the case, there’s something desperately wrong going on.
Once again, we repeat our request: Did ANYONE see this man, Zachery M. Miller, at ANY of the Town Board or Planning Board or Zoning Board of Appeals public meetings during the period of March-October 2020, or did ANYONE witness this man, Zachery M. Miller, making any submission or statement ot the Town of New Baltimore Town Board, Zoning Board of Appeals, or the Planning Board at any time in the period of March-October 2020?
Please help us to help Zachery M. Miller avoid having to answer a charge of perjury. If you have seen Miller at a Planning Board or Zoning Board of Appeals meeting, or if you witnessed him making a statement or comment with regard to the C.A. Albright & Son’s application for a Special Use Permit for the construction of a propane gas distribution site, please let us know.
As for Robert M. Nolan and Nolan Propane, they have a big image problem, and they’ve themselves to blame. Thanks to Zachery M. Miller and his moronic behavior, and to Michael “Old-man Balls” Biscone, who is using and abusing everyone involved, Nolan is committing business suicide.
We will address our concerns to the Court by letter on or around November 15, 2020, demanding that a charge of perjury and intent to deceive the Court be brought against Zachery M. Miller, unless members of the public come forward to state that he was seen to be present as stated in his Affidavit.