GOP Blasts Supervisor over $70 Million Lawsuit
Council members question town attorney’s “egregious” error; demand answers.
Members of an incensed town board and public grilled Town Supervisor Anna Throne-Holst on Tuesday over a motion for default judgment against Southampton Town that could cost taxpayers $70 million due to Town Attorney Michael Sordi's failure to respond in a timely manner in a pending wrongful arrest lawsuit.
East Quogue resident Nancy Genovese filed the federal lawsuit against the town and Suffolk County last year after she said she was wrongfully arrested in 2009 outside the Air National Guard base in Westhampton Beach, and found to have guns and ammunition in her vehicle. Genovese was arrested by Suffolk County deputy sheriffs after an off-duty Southampton Town police officer witnessed her taking photos outside Gabreski Airport. She said the guns were in her vehicle because she had come from a shooting range, and that she was taking photos of a helicopter near the base entrance for a patriotic website she maintained.
At Tuesday’s town board meeting, Southampton resident Elaine Kahl spoke during the public portion of the agenda to discuss what she deemed “shocking and absurd news.”
Kahl called the case against the town “frivolous” but demanded Throne-Holst answer her questions regarding the hiring of the town attorney, suggesting “transparency” and “controls” be implemented in future hiring practices.
“We were exposed beyond the pale,” Kahl said. “We’re being sued for something we had no party to.” She added that taxpayers will “bear the brunt” of the suit.
The supervisor said the matter was “being dealt with.” Throne-Holst said the town, like other municipalities, is often on the receiving end of such suits.
Deputy Town Attorney Kathleen Murray said that though the motion for default judgment has been made, the judge has yet to make a ruling and the town has entered a response for the court to consider.
“It’s still going to cost us money,” Kahl said.
Throne-Holst and Murray agreed that any litigation costs money.
Members of the Republican-Conservative majority of the town board demanded answers. Ernest Wruck, the chairman of the Southampton Town Republican Party, sent out an outraged e-mail over the matter.
Throne-Holst explained Sordi had been dealing with the death of his mother at the time he was supposed to respond to the motion, and that the court has been informed of such.
Councilman Jim Malone, C-Hampton Bays, demanded to know why, when asked by Councilwoman Nancy Graboski, R-Bridgehampton, at Friday’s work session about the matter, the supervisor said it was “nothing,” and had been taken care of.
Throne-Holst said it was “customary paperwork;” Malone blasted her response: “A default judgment in a federal lawsuit is not customary.”
Malone, incensed, added that the town could “lose, right here and now.” And, he said, “One of the most egregious actions an attorney can take is not responding. This is different from someone missing an appointment.”
Throne-Holst said she had been advised that the court would take into consideration the personal reasons for the snafu.
While everyone is sensitive to loss, Malone said, “two or three months go by and we get hit with a default judgment? You can’t let two or three months go by when there is $70 million in the balance. That’s almost the entire budget for the town of Southampton.”
Graboski said, at the end of the day, the town board is responsible, and asked Throne-Holst why they had not been apprised of the matter last fall.
Malone repeated that the supervisor had told them “it was nothing to be concerned about.”
Throne-Holst said that wasn’t what she had said, explaining she had been assured recently that the paperwork was filed and the town was awaiting the court’s decision. She said it was “based on the circumstances,” it was “almost invariable” that the court would rule in the town’s favor.
David D'Agostino
8:17 am on Thursday, February 10, 2011
The republicans are grandstanding.
Brendan J. O'Reilly
2:38 pm on Friday, February 11, 2011
Southampton Patch has it on authority that Town Attorney Michael Sordi will resign this afternoon. Check back for the full story.
John Dodd
7:25 pm on Monday, February 28, 2011
Nancy Genovese SHOULD own that entire town....law enforcement is out of control in this country ...............towns one by one should be taught a lesson!!!
David Leach
12:40 pm on Tuesday, March 1, 2011
Enough, maybe it will require some massive judements and awards to get back to common sense. I hope she wins and I wish every law enforcement officer that took part in the violations of her civil rights and their total lack of common sense would be dismissed from employment. We need Law Enforcement with common sense and willing to protect the public, even if that means protecting them from the government.