Judge reschedules hearing in lawsuit over Hempstead Town supervisor appointment

A state judge rescheduled a hearing, and set a conference for next week, on a lawsuit alleging Hempstead Town officials violated state transparency laws when the supervisor resigned and his replacement was appointed last month.

State Supreme Court Judge Gary M. Carlton acted Wednesday in a Mineola courtroom after the defendants sought to have the case dismissed.

The lawsuit, brought by Democratic town supervisor candidate Joseph Scianablo, alleges that town officials violated New York State Open Meetings Law by failing to notify the public of Republican Donald X. Clavin Jr.’s resignation as supervisor and John Ferretti’s appointment to replace him on Aug. 5. A hearing had been scheduled for Thursday that was to include witnesses and the production of documents, but it was rescheduled.

In a court filing Tuesday night and before Carlton at a conference Wednesday, the town’s outside counsel, Steven Losquadro, said the lawsuit should be dismissed because the town board reappointed Ferretti on Tuesday after giving five days' advance notice.

“This is about compliance with Open Meetings Law and that’s what happened,” Losquadro said, referring to the town board’s action Tuesday. “The matter is rendered moot.”

Scianablo’s attorney, Joshua Kelner, said in court that the issue was not resolved because town officials have not admitted that they violated the law and that if Ferretti’s Aug. 5 appointment was not valid, then it raised questions about his actions between that date and Tuesday.

“They are trying to delay the hearing,” Kelner said. “In an election cycle, delay would give them precisely the advantage they sought.”

Scianablo and Ferretti will face off in the supervisor election on Nov. 4.

Scianablo’s lawsuit sought to nullify Ferretti’s Aug. 5 appointment, to compel Open Meetings Law training for most town elected officials, and to pay legal fees.

Losquadro suggested that the town might be willing to pay Scianablo’s legal fees, stating that he would talk to the defendants about it.

Carlton said that under Open Meetings Law, legal fees can be awarded if the lawsuit prevails, which would require a decision or an admission by the defendants.

Losquadro said in a court filing that all respondents in the lawsuit had completed Open Meetings Law training, rendering the training issue moot.

In a court filing, six elected officials signed affidavits that they had completed training, either by watching a video or completing a “refresher,” since Sept. 10.

The affidavits, however, did not include Councilwoman Melissa Miller or Clavin, who are named as defendants.

Town spokesman Brian Devine said Miller had completed the training but hadn’t had time to sign an affidavit before Losquadro’s court filing.

Losquadro declined to comment following Wednesday's conference. 

Kelner said the lawsuit is about principles. "Public officers, when they hold meetings, owe the public a duty of disclosure about what is going to be considered; that's necessary for the public to make their voices heard," he said after the conference.

Carlton said the parties could enter into a stipulation to resolve the lawsuit, or else the conference would be held Wednesday of next week and the hearing would be held a day later.