Judge Dismisses Case Against Fishkill Supervisor

Developer had sued over canceled meeting

A state judge last week rejected complaints that “malicious prosecution” motivated Ozzy Albra, then Fishkill’s supervisor-elect, to pursue an injunction against water and sewer hookups for the proposed Continental Commons development.

William Giacomo, a state Supreme Court judge based in White Plains, on Sept. 24 dismissed allegations by GLD3, a firm owned by Domenico Broccoli, who wants to develop 10.5 acres on Route 9. At the site, once part of a vast Revolutionary War supply depot, Broccoli proposes to build Continental Commons, a colonial-inspired shopping-restaurant-inn complex.

The legal dispute, one of several involving Continental Commons, began in December when the Fishkill Town Board, which then had a Republican majority, was prepared to approve the hookups. The Town Board opened a public hearing on the application on Dec. 4 and planned further action on Dec. 18. But on the latter date it lacked a quorum and Supervisor Robert LaColla moved the proceedings to Dec. 30, his next-to-last day in office after losing his seat to Albra.

Albra sued the town, contending that the sudden scheduling of the Dec. 30 session was unlawful. A few hours before the meeting was to begin, a state judge in Dutchess County granted his request for an injunction. 

Having thwarted an immediate vote, Albra later dropped his lawsuit. But Broccoli sued him on Jan. 22. 

In his Sept. 24 ruling, Giacomo ruled that Broccoli had failed to “show fraud, perjury or the withholding of evidence” and that his arguments against Albra were insufficient to support claims of malicious prosecution.

Under Albra, the Town Board, with a Democratic majority, began its own review of the sewer and water hookups, held further public meetings and on Sept. 16 voted 3-0 to reject the Continental Commons application. Albra abstained from voting.

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