Schnirman, Agostisi get half of what they want

                                                                                

Nassau Comptroller Jack Schnirman


Nassau Comptroller Jack Schnirman, a former Long Beach City manager, and Rob Agostisi, former corporation counsel and acting city manager, won their motions to move a Long Beach lawsuit--which is seeking more than $2 million from the two former officials ---  out of Nassau County.

But neither got the location they wanted.

Suffolk State Supreme Court Justice Joseph Santorelli, without much public discussion, on Friday ordered that the two cases be heard in Suffolk.

Schnirman wanted the case moved to the city. Agostisi wanted his case to be tried in Queens.

"Prior to going on the record here today, the court has conferenced these matters with counsel and based on the review of the motion papers and after speaking to counsel in conference, the motions are granted  on consent to the extent that the venue of these actions shall be transferred to Suffolk County for all purposes," Santorelli said, according to the transcript of the in-person hearing in Riverhead.

Santorelli had directed counsel for Schnirman and Agostisi to show up in Riverhead or face possible contempt of court and dismissal of their motions after Agostisi's counsel did not attend an Oct. 2 virtual conference in Mineola.

All lawyers were present Friday.

Santorelli had been assigned the case in September by New York's Deputy Chief Administrative Judge Vito Caruso after both Schnirman and Agostisi argued that hearing the lawsuit in Nassau would give the "appearance of impropriety" because fellow Democrat , Long Beach Councilman Scott Mandel, works in the Nassau courts system.

Both Schnirman and Agostisi contended Mandel was a "driving force" in the filing of the lawsuit against them. Mandel said in court papers that he was just one vote on a five-member city council.

The city of Long Beach accuses Schnirman and Agostisi in separate lawsuits of fraud, conspiracy and breach of duties in relation to excessive payouts to retiring and continuing staff while serving as the city's top officials.

The city also argues that Schnirman accepted more in termination pay than allowed by city charter or his work contract. After an audit by the state comptroller, Schnirman repaid the extra $53,000 he received.

Schnirman was city manager from Jan. 2012 through December 2017. He took office as Nassau's newly elected comptroller in Jan. 2018. Agostisi briefly served as acting city manager before taking another job outside the city.


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