Judge signs off on subpoenas in lawsuit over Hempstead Town supervisor's appointment

A state Supreme Court judge signed off on subpoenas for Hempstead town officials and records sought by the plaintiff ahead of a Thursday hearing in Mineola on a lawsuit alleging that state transparency laws were violated when John Ferretti was appointed town supervisor last month. 

Last week, state Supreme Court Judge Gary M. Carlton scheduled the hearing after the town failed to file opposition papers to the lawsuit filed by Joseph Scianablo, the Democratic nominee running against Ferretti for town supervisor. 

Speaking in court in Mineola last Tuesday, Carlton said he understood the town’s outside counsel, Steven Losquadro, had just returned from vacation and that he would allow Losquadro to file the defendants' response to the lawsuit before or after the hearing.

“This is a time-sensitive matter,” Carlton said. He said the hearing would be “all inclusive” and the parties could subpoena witnesses and documents, provided they were properly served, but the discovery process would not take place before the hearing.

Carlton signed off on subpoenas submitted by Scianablo's attorney, Manhattan-based Kelner & Kelner Esqs., last week. Those subpoenas compel Ferretti, former Supervisor Donald X. Clavin Jr., five Republican town board members, Town Clerk Kate Murray and town spokesman Brian Devine to appear before the court Thursday.

The subpoenas also call for various documents including Ferretti’s resignation letter from the Nassau County Legislature with metadata showing when it was created; Ferretti’s calendars as well as any emails and texts between him and other co-defendants or their staff from July 22 to Aug. 5; and Ferretti’s text messages and call history 48 hours prior to his appointment.

The document request also seeks resolutions for the appointments of town board members since 2017, and records related to the hiring of Clavin to the department of planning and economic development following his resignation as town supervisor. 

Last month, Scianablo sued the town, Clavin, Ferretti and other town officials for allegedly violating New York State Open Meetings Law.

The suit alleges town officials didn’t properly notify the public that Clavin would resign and be appointed to a new town job and that Ferretti would be appointed supervisor at the Aug. 5 town board meeting.

Town records show that unlike Ferretti's appointment, the appointments of town board members Melissa Miller, Laura Ryder and Christopher Schneider did appear on town board agendas.  

Scianablo, a former Queens County prosecutor, is seeking to nullify Ferretti’s appointment and for the court to order town officials to receive training in Open Meetings Law and for legal fees. 

“We’re glad that the court recognized the urgency of the matter,” Scianablo’s attorney, Joshua Kelner, said following last week's court appearance. “There was a clear violation of the Open Meetings Law.”

Losquadro declined to comment last week. 

On Friday, the town announced Ferretti would be reappointed on Tuesday in an effort to address Scianablo's lawsuit. In a news release, Devine called Scianablo's lawsuit "meritless" and said "the only thing it accomplishes is wasting the time of the courts and the taxpayers’ money."

Scianablo said Friday that the lawsuit will continue. 

The town has not disclosed Losquadro’s fees for this case, which the town board approved at its Sept. 3 meeting.

Questions over Clavin's brief employment by the town and Ferretti's appointment have sparked protests at town board meetings, with another protest announced ahead of Tuesday's meeting.