Joseph Scianablo files lawsuit challenging John Ferretti's Hempstead town supervisor appointment

Hempstead Democratic Town Supervisor candidate Joseph Scianablo filed a lawsuit Aug. 25 challenging the appointment of his Republican opponent, John Ferretti, calling it an illegal power grab that gives Ferretti, already a Nassau County legislator, the advantages of incumbency. Town officials, however, defended the appointment, saying it was made in full accordance with the law.

Scianablo, a Garden City resident, took his challenge to Nassau County Supreme Court, filing the lawsuit on Monday morning to overturn Ferretti’s appointment and contest what he described as a GOP power grab.

“What happened the other day in the Town of Hempstead was not democracy, it was political theater,” Scianablo said. “The script was written well in advance, the stage was set, but the taxpayers were locked out of the room.”

Scianablo appeared with supporters outside the courthouse as he moved to challenge Ferretti’s appointment, which was approved on Aug. 5, the same day earlier Supervisor Don Clavin resigned. Ferretti, of Levittown, was then sworn in as interim supervisor.  As a county lawmaker, he represented Levittown, Bethpage, North Massapequa, and parts of Farmingdale.

The lawsuit alleges that Republican officials violated the state’s Public Officers Law, which requires 24 hours’ public notice for resolutions scheduled at meetings. 

The appointment, Scianablo alleges, was prearranged, citing that Ferretti admitted both his and Clavin’s resignations were planned days in advance. The official meeting agenda omitted the resignation and appointment but quietly transferred Clavin’s salary to fund Ferretti’s new role. 

In an emailed statement to the Herald, Brian Devine, director of communications for the Town of Hempstead, called the lawsuit a “publicity stunt,” adding that the appointment did not break any laws.

“Supervisor Ferretti's appointment was made in complete accordance with the law,” Devine said.” Scianablo even acknowledged this point when he announced his backing for legislation to amend the law with regard to local government succession of officials. This is a silly and disingenuous maneuver that will cost taxpayers money as a result of Scianablo's frivolous lawsuit."

Scianablo, a Marine veteran and former New York City police officer, argued that Ferretti’s appointment gives him the advantages of incumbency, including name recognition through taxpayer-funded mailers, public signage, media coverage, and appearances at town events.

“This is not democracy,” Scianablo said. “This is rigging the game on the taxpayers dime.”

An expanded story will appear in this week's Heralds.