22-count indictment against OGS employees Gary Pivoda and Louis Marciano

ALBANY, N.Y. (October 22, 2009) - Attorney General Andrew M. Cuomo today announced that two Office of General Services (OGS) employees have been indicted for allegedly using a storage area in Albany’s East Parking Garage for several months as a “man cave,” where they allegedly used and dealt marijuana and cocaine, slept and watched television instead of performing their duties.

“Instead of working, these state employees allegedly used public property and taxpayer-funded time to nap and party in a den of illicit activities,” said Attorney General Cuomo. “New Yorkers expect state employees to obey the law, act in a professional manner and carry out their assigned duties. This office will not tolerate abuses of trust and will continue to root out the corruption to restore faith in government.”

A 22-count indictment charges Gary A. Pivoda, 48, of Glennon Road in Latham, and Louis Marciano, 50, of Willow Street in Rennselaer, with the following felony and misdemeanor offenses: Grand Larceny in the 3rd Degree, Official Misconduct, Offering a False Instrument for Filing in the 1st Degree, Criminal Sale of Marijuana in the 4th Degree, Unlawful Possession of Marijuana, Criminal Sale of a Controlled Substance in the 3rd Degree (Pivoda only), Criminal Possession of a Controlled Substance in the 7th Degree, Criminal Nuisance in the 2nd Degree and Criminally Using Drug Paraphernalia in the 2nd Degree.

The indictment, which was unsealed today in Albany County Supreme Court, alleges that from April 17 to July 14, 2009, OGS night maintenance employees Pivoda and Marciano regularly used a storage area in the East Parking Garage that was converted to a concealed “man cave” to hide when they were supposed to be working. They allegedly used and sold both marijuana and cocaine at the location and filed false information on their time sheets to defraud the state while failing to perform their assigned duties.

Pivoda and Marciano were arraigned in Albany County Supreme Court before Judge Stephen W. Herrick. Pivoda was held on $10,000 cash or bond and Marciano was held on $5,000 cash or bond. The next court date is October 29.

The Office of the New York State Inspector General and the state police originally raided the location in July after an investigation. Both individuals have been suspended from OGS without pay since then.

New York State Inspector General Joseph Fisch said, “These employees allegedly committed felonies at the workplace on state time. This is outrageous behavior for anyone, much less a public servant. I applaud Attorney General Andrew Cuomo for his vigorous pursuit of this case.”

The Attorney General thanked the Office of the Inspector General and the State Police for their assistance. The case is being handled by Assistant Deputy Attorney General John W. Prizzia of the Attorney General’s Organized Crime Task Force under the supervision of Robin L. Baker, Executive Deputy Attorney General for Criminal Justice.

The charges against the defendants are merely accusations, and the defendants are presumed innocent unless and until proven guilty.