https://www.timesunion.com/news/article/North-Greenbush-supervisor-to-pay-5-000-in-12938402.php
North Greenbush supervisor to pay $5,000 in disputed contribution case
Updated 5:53 pm, Wednesday, May 23, 2018
Moscatiello's Italian Restaurant
Moscatiello's Italian Restaurant
NORTH GREENBUSH – Supervisor Lou Desso will pay $5,000 to the owner of a local restaurant who accused him of not paying for a fundraiser that was held at the eatery, the politician's attorney confirmed Wednesday.
In January, a Rensselaer City Court judge ruled Desso owed the money to the popular Moscatiello Family Italian Restaurant, ruling use of the restaurant was not donated as a campaign contribution.
“We have sent a check to settle the claim. We are not pursuing the appeal,” Desso's lawyer, David Gruenberg, said.
Michael Moscatiello called on Desso to pay an additional the $1,250 not covered by the judge’s decision and for the state elections board to investigate the supervisor. Moscatiello sued Desso in a small claims court action in which $5,000 is the cap on the amount that can be sought.
Desso had maintained throughout the proceedings that the restauranteur had mad a contribution of $7,000 for a 2015 fundraiser held at the Route 4 restaurant when he conducted his first run for supervisor.
Moscatiello, meanwhile, said that he donated just $750 of the $7,000 bill to Desso’s campaign. State law limits a business to a maximum donation of $1,000 to a campaign.
The disputed bill prompted Moscatiello to head last year. The case went before Rensselaer City Court Judge Kathleen Robichaud with attorney Joshua Sabo representing Moscatiello.
“It is the opinion of this court that embarrassment, misunderstanding and hurt feelings resulted in the escalation of a simple oral contract between the two parties to allegations of unethical behavior, election law violations and a political war," Robichaud wrote in her January ruling.
The case has lingered unresolved for nearly four months while Desso considered whether to appeal Robichaud’s decision. Desso decided Monday to pay the $5,000, dropping the appeal.
Moscatiello said Desso has failed to properly enter the $6,250 restaurant bill on his campaign filings. “He has simply kept our payment in his treasury as if it was cash on hand,” Moscatiello said.
Desso could not be reached immediately Wednesday for a comment.
