BUFFALO, N.Y. — Ross Cellino, Jr and Stephen Barnes appear to be closing in on their impending split. Cellino details in a recent affidavit, which was filed in response to Barnes' concerns over the handling of data, just how close him and Barnes are to splitting up the well-known firm.
"In light of respondent Barnes's capitulation, and ongoing negotiations between us regarding issues involved in the windup process, respondent Barnes and I are each making plans to be prepared in the very near future — i.e. within the next 30 days — to open our own separate law firms, " Cellino said in an affidavit regarding the situation.
This affidavit was filed in New York State Supreme Court in response to Barnes and his lawyers claiming Cellino stole information for use at his new firm. The information was posted Friday morning.
In an affirmation made by Barnes' lawyer, Christopher Berloth, Berloth describes "unauthorized and improper actions" taken by Cellino, that include Cellino's hiring of a IT director for his new firm and allowing him to access Cellino and Barnes' data.
Daryl Ciambella, COO of Cellino and Barnes, also backed Barnes in an affidavit. He alleges that the IT director is "is on the payroll of an existing competitor to C&B—The Law Office of Anna Marie Cellino."
Barnes, Ciambella and Berloth collectively allege that the IT director, named as David Blaszak, was given office space and access to Cellino and Barnes information and data, to take for Cellino's new firm.
Cellino added in his affidavit that in preparation for his new firm, he needed to have his IT director understand current data management systems. Blaszak also confirmed in court documents this plan.
According to Cellino's affidavit, Tom Balthasar, the current IT director for Cellino and Barnes, currently works with Barnes' California firm and plans to move to Barnes' new firm when they split. Balthasar allegedly would not give Blaszak enough information to work off of.
"Without Balthasar's cooperation, I decided to use my authority as a 50% owner of C&B to allow Blaszak to access the C&B system so that he could see how it was constructed and operated," Cellino added in the affidavit.
Cellino will argue his side on January 9th at 10 a.m. at Erie County Supreme Court.
You can read all of the court filings here.
