Oct. 15—A whistleblower who filed a lawsuit claiming officials at Western Regional Off-Track Betting Corp. retaliated against him after he agreed to cooperate with authorities investigating the organization intends to appeal a federal judge's decision in his case.

Steve Cohen, an attorney with the Buffalo law firm, Hogan Willig, who is representing former OTB Chief Operating Officer Michael Nolan, said Friday he will appeal U.S. District Court Judge William Skretny's decision which was rendered on Wednesday.

Skretny dismissed Nolan's lawsuit, determining that it was filed outside a one-year statute of limitations covering such claims.

Cohen said he will ask New York's Second Circuit Court of Appeals to take another look, noting Nolan's claims of mistreatment by OTB higher-ups lasted for more than a year while Skretny used the date of the first alleged incident as the starting point for filing of his claims.

"We believe his honor's interpretation of the law is incorrect," Cohen said.

In his lawsuit, Nolan alleged that he was the target of retaliation by OTB executives, including the public benefit corporation's President and CEO Henry Wojtaszek and its board Chairman Richard Bianchi. Nolan contends his trouble with management started after he told them he was cooperating with state and federal agencies that were examining the organization's operations

After doing so, Nolan claims OTB management wrongfully denied him a raise, forced him to work weekends and stripped him of...

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