More Questions of Collusion, Ethics Problems & Conflict of Interest for Councilman Cuthbertson. Cuthbertson votes as Councilman on property that his law firm was involved with.

In October 2014, an e-mail written by Councilman Mark Cuthbertson was intercepted and forwarded to many people and news organizations including this one.

Cuthbertson wrote, “I have been advised that Newsday may be writing another story about court appointments involving people in Huntington and want to get out in front of the story.” 

“Should I wait and see if a story is coming or just go ahead and make this disclosure.  Obviously there is risk associated with both approaches.  If I disclose and a story was not going to be written, I could invite a story.”

In the intercepted e-mail, Cuthbertson reveals that he has had business dealings with Robert Fonti that he never disclosed.  He states that Robert Fonti has been retained by the Town for 17 years as a property management consultant.

In addition to Fonti’s appointment by Huntington Town Board as a consultant, he is also appointed by the Town Board as the Chairman of the Huntington Housing Authority.  Robert Fonti plays a significant role in the Long Islander Newspaper.

One of the cases where Cuthbertson failed to disclose involves a foreclosure in the town of Huntington.

• On March 9, 2011, Plaintiff Hypothecator Realty Corp brought an action to foreclose a mortgage on commercial property located at 918 E Jericho Turnpike and residential property located at 1 Alpine Way, Huntington Station.  Named among the defendants is the Supervisor of the Town of Huntington.

• On August 14, 2012, Judge William B. Rebolini appointed Robert Fonti receiver.

• After being appointed receiver, Robert Fonti hires the law firm of Mark A. Cuthbertson as council to the receiver and a separate property management company.

• On November 8, 2013 the town board authorizes the removal of graffiti, litter and debris on 918 E. Jericho, H.S.  The owner is listed as LF capital Corp.  Records indicate that LF Capital Corp was inactive as of 10/26/2011.  Huntington Councilman Cuthbertson voted yes to correct the code violations regardless of the fact that his law firm was formerly council to the receiver.
• On October 21, 2014 – the town board authorized the removal of graffiti, litter and debris, removal of stagnant water, overgrown weeds and grass, and the securing of an unsafe structure on 1 Alpine way.  Cuthbertson voted yes to correct the code violations on the property.
• October 25, 2014, Cuthbertson’s e-mail is intercepted and made public.
• On November 6, 2014, Councilman Gene Cook asked for a Federal Investigation into the allegations against Cuthbertson.  Cook states at a town board meeting that he has been sending the State Comptroller letters since 2011, along with the State Attorney General, Governor Cuomo and the Suffolk County District Attorney’s office with no response.
• At that same meeting Peter Sloggatt, who stated he was speaking on public record on behalf of the Long Islander Newspaper opposed Cooks request for a federal investigation. (click here to see the video clip).  The Long Islander Newspaper also published an editorial opposing an investigation and called the request by Cook pandering to partisan cat calls.
• On December 9, 2014 –  The Town Board authorized the removal of litter and debris and the removal of overgrown weeds and grass at 918 E. Jericho Turnpike. The owner is now listed as Hypothecator Realty.  Cuthbertson votes yes on the resolution.
• On April 20, 2015, Town of Huntington inspector Muller completed a blighted property designation checklist on 918 E. Jericho.  There is a note on the report indicating that the property needs to be boarded up and secured.

The following questions were e-mailed to Supervisor Petrone and Councilmembers Cuthbertson, Berland, Cook and Edwards:

Do you think it is proper for a Huntington Councilperson to be a receiver or an attorney to a receiver on a case that involves property in the Town of Huntington? 

What if the Town of Huntington or the Town Supervisor is the plaintiff or defendant? 

Do you think it is proper for a Councilperson to vote on any legislation on said property before, during or after they are assigned to the case?

We will publish their responses when they are received.