FISHKILL – A resident who had sued the Fishkill town supervisor to prevent using taxpayer dollars for Supervisor Albra’s legal defense has withdrawn the legal action. The withdrawal notice was filed with the court on March 9.
Town resident Robert MacAvery was suing the Town of Fishkill, Town Comptroller Sharon Mitchell, and Supervisor Azem “Ozzy” Albra, to prevent the town from reimbursing Albra for legal fees he incurred prior to taking office.
In December Albra sought to have the previous town board (which has since changed members) pass a resolution authorizing a payment to reimburse him for almost $68,000 in legal fees for a lawsuit he began as a private citizen. The background of the lawsuit can be read HERE. The summary of the resolution for reimbursement can be found HERE.
MacAvery said he disagreed with the board’s decision to pay Albra’s legal fees. The majority of the board that approved the payout lost their elections in November and MacAvery filed the lawsuit to give the new town board a chance to explore their options.
When Carmine Istvan took his seat on the town board in January, he sought to have the town attorney negotiate with the town’s insurance carrier to see if they could recoup the money paid to Albra’s attorneys. At the time, Istvan told Mid-Hudson News, “The supervisor initially sought to have the insurance company pay the bills. The company denied the claim twice. I want to see if our attorney can negotiate with the carrier to get the taxpayer dollars reimbursed by them.”
Istvan’s proposal is the reason MacAvery has withdrawn the suit. He says that the lawsuit was withdrawn because, “I am deferring to the judgment of the new town board.”
