Suffolk County Executive Steve Levy addresses the crowd at the...

Suffolk County Executive Steve Levy addresses the crowd at the First Baptist Church of Riverhead's 26th annual Martin Luther King Jr. Memorial Breakfast at the Hyatt Regency Wind Watch Hotel in Hauppauge Monday. (Jan. 17, 2011) Credit: James Carbone

Suffolk Executive Steve Levy's use of County Attorney Christine Malafi to quash a subpoena for him to testify in the criminal trial of former Legis. George Guldi has prompted an angry response from county lawmakers.

Critics say the county charter clearly limits her to representing Levy on civil matters and issues involving his official duties. Legis. Jon Cooper (D-Lloyd Harbor) even filed a bill to bar Levy's action. "It's one thing for the county executive to be a penny pincher for taxpayers, but here he's penny pinching to help himself . . . he has $4 million in his campaign fund," Cooper said.

Legis. Ricardo Montano (D-Central Islip) has asked Malafi to explain on Wednesday before the ways and means committee - in the first meeting her husband, Legis. Louis D'Amaro (D-North Babylon), chairs since he tried to supplant Legis. William Lindsay as presiding officer.

District Attorney Thomas Spota said Malafi has "taken the right position" since the subpoena was addressed to Levy as county executive and Guldi didn't reveal in it what he plans to ask. But legislative counsel George Nolan said, "It would have been more appropriate for the county executive to retain his own attorney." - Rick Brand

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