PLEASANT VALLEY – When the Pleasant Valley Town Board voted to fill a vacant town justice seat created by the abrupt resignation of Justice Tom Vasti, a Republican committee member filed a lawsuit preventing the board’s appointment, Michael Kozek, from taking the bench. As the case was being argued, the appointed judge was prohibited from taking the bench.
A State Supreme Court justice has now ruled Kozek may now ascend to the town court.
Michael McRitchie, a GOP committeeman was represented by former town attorney Ken Stenger in the challenge to Kozek’s appointment. The two claimed in court documents that the vote to appoint Kozek should be invalidated because the town supervisor’s wife, Patricia, is a court clerk and the supervisor should have recused himself from voting.
In dismissing the lawsuit, Supreme Court Justice Hal Greenwald said, “From a practical point of view, it would seem that a newly appointed Town Justice, would benefit from having an experienced Town Court Clerk. Not only that, but the citizenry of the Town would benefit as well, assuming that Patricia has been proficient at her job as Town Court Clerk.”
Judge Greenwald was also critical of Stenger acting as an attorney and bringing suit against his former client, the Town of Pleasant Valley. Citing rules regarding an attorney’s duty to former clients, Judge Greenwald said, “It is puzzling that in a conflict of interest matter concerning such specific parties as the Town of Pleasant Valley Town Board and its individual board members, counsel who had recently presumably represented the Town and its Board as its prior counsel, would now be on the other side of the”V.” However, this issue is not before this Court.”
Kozek, by order of Judge Greenwald, is permitted to begin his duties as town justice immediately. On hearing the decision, Kozek said, “I look forward to getting to work.”
Deputy Town Supervisor Frank Mazzella chastised Stenger for suing his former client, the town. “What shocks me most about this entire process is that Mr. Stenger made mention of saving taxpayers money. That is exactly what we did by not reappointing him and his firm. We’ve saved over $100K this year on attorney’s fees and then he decides to throw a frivolous lawsuit at us. Not someone I would want representing me anytime soon.”
