Judge dismisses suit over Muttontown PD

Muttontown was not bound by contract to pay its share of expenses for the police department it left last spring, a New York State Supreme Court justice has decided in dismissing a complaint filed by an Old Brookville police union.

The village also didn't act illegally in forming its own police force, according to the decision dated Tuesday and made by Justice Stephen Bucaria, who declined to annul the resolution that created the Muttontown department.

"The village acted within its lawful authority in establishing a police department and the elected officials acted in the best interest of the residents in doing so," Muttontown Village attorney Steven Leventhal said yesterday. "I think you'll find the residents of Muttontown are very happy with their police department."

Muttontown voted one year ago to form its own force, breaking from a partnership with six other North Shore villages in the Old Brookville Police Department.

The move, sparked by what Muttontown said was its disproportionate share of costs, resulted in layoffs for Old Brookville police and bitter feuding between some Muttontown residents and village leadership.

Bucaria this week granted Muttontown's motion to dismiss an Old Brookville Policeman's Benevolent Association complaint that argued the village should cover salaries, benefits and other costs for a year after it left Old Brookville police, per a union agreement.

He also denied a petition by Muttontown resident Pericles Linardos seeking to annul the resolution that created the Muttontown police force because, he said, village officials failed to follow U.S. Department of Justice guidelines, failed to hire qualified police officers and otherwise acted illegally.

"The judicial system doesn't protect the individual," Linardos said Thursday. "You have a municipality that arbitrarily and capriciously formed a police department after they were asked in a meeting to bring it to a referendum."

The volunteer firefighter and paramedic said he believes Muttontown leaders rarely act with residents' best interests in mind.

Linardos said he hasn't decided whether to appeal the decision and wanted to consult with the PBA.

Laurel Kretzing, a Garden City attorney who represented both Linardos and the PBA against Muttontown, Thursday said in a statement that her firm is analyzing the justice's decision and had no comment.