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Newsday: Southampton Politician Lawsuit

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Newsday: Held & Hines’ Lawsuit Against Southampton Politician Published in the Media

Contractor accuses Southampton official

A Hampton Bays contractor has filed an $8,000 lien on the property of a Southampton Town councilman, accusing the official of failing to pay for work on his house. He also says the official held the contractor in the official’s office against his will during the dispute.

Anthony Prosano, 23, said he was hired by Southampton Councilman James Malone to renovate the inside of a Hampton Bays house owned by Malone but was taken off the job and not paid for work done to that point.

Malone, 50, declined to discuss the details of what happened, saying he believes the dispute will go into litigation.

“I will say that some of the statements alleged to have been made, and accusations made in my direction, are just plain wrong,” Malone said.

Prosano said he started the job in early November, and that insulation he had installed passed inspection later that month. Prosano said he and a co-worker worked 55 hours in the next three days to put up 80 boards of drywall in the 850-square-foot home on Anderson Avenue.

Prosano said he left the job for a week to work on another job in Connecticut, and was out of touch with Malone, but when he returned to collect money for Malone’s job from the bank holding the building loan, he was told by a bank official he was no longer the contractor on the job.

Prosano said Malone told him “he didn’t like the way the Sheetrock looked.” Prosano said he reminded the councilman it was still being spackled.

Prosano then put a $7,971 mechanic’s lien on the property, which he said covered labor and materials and the cost of filing the lawsuit.

On a cellphone recording Prosano said he made of a conversation in Malone’s other office in Riverhead — Malone is examiner of titles for the Suffolk County clerk — Prosano tells Malone that he can’t hold Prosano captive in his office. Malone replies, “Yes, I can, I’m a deputy county clerk,” while he ostensibly calls Southampton Town police to report that Prosano had entered Malone’s house without permission.

Prosano said he entered the house to collect his tools. He said the police department told him no report was filed. Police did not respond to requests for comment.

“I never used my public office to fight a private fight, and I won’t begin now,” Malone said. “Each of us will have an opportunity to be heard in the proper forum.”

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