Attorney promises lively defense

By DAVID HULSE

MONTICELLO, NY — A Westchester attorney representing Division of Public Works (DPW) Operations Director Phillip Nicoletti is charging that Sullivan County has been conducting a witch hunt to build a case against his client and that he will reveal that and more to the public at scheduled 9:00 a.m., June 23 civil service hearing at the government center.

Nicoletti was suspended from his $71,919-a year position in late May after three months on paid administrative leave.

Attorney Jonathan Lovett, a former Manhattan prosecutor, says that he has developed a list of witnesses and will expose “the emperor’s new clothes,” in terms of what he called multi-level corruption in Sullivan County municipal government. He would not elaborate on who his witnesses might be or which areas of government would be spotlighted.

Nicoletti and Parks and Recreation Director Richard Caraluzzo, whom Lovett also represents, have been suspended for allegedly entering personnel offices during non-business hours and photocopying files.

Lovett says that County Attorney Sam Yasgur has threatened burglary charges from the action, but Lovett says there are no grounds for the charge. “Let’s assume they did what he says. Who are the people that they’ve charged? People who have been given keys to county offices and had the authority and permission to enter them,” he said.

Lovett claimed that Yasgur has made “a bunch of threats, trying to make a mountain out of mole hill,” that he has promised results to his superiors and has dragged out his investigation, interviewing up to 60 persons “in order to get dirt,” to force his clients to resign and has “come up without anything.”

Yasgur, who is also a former Manhattan prosecutor, has not commented on his investigation since he began in February, saying that civil service law prohibits those comments.

Lovett said that he anticipated that Yasgur has “cut a deal” with retired DPW Commissioner Peter Lilholt and that he is “now protecting,” the former commissioner. “They have to blame somebody,” he said.

Lilholt resigned from his office on the same day that the administrative leave announcements were made regarding Nicoletti, Caraluzzo and DPW Chief Fiscal Officer Amy Winters. Winters remains on administrative leave and has not been charged.

Lilholt, who since leaving office has returned a number of pieces of DPW equipment that he had in possession, has been unavailable for comment.

Lovett assumes that Lilholt will be called to testify by the county, but “if they don’t call him, I will,” he said.

Lovett says the county’s case is a distortion of facts and “huffing and puffing,” that he is anxious to disassemble. “I’ve never turned down an opportunity to respond when a government actor like Yasgur has gone so far off the beaten path,” he said.

Michael Wittenberg, professional arbitrator, has been contracted by the county to hear the case. He will submit findings and recommendation, but a final decision remains with the person with power of appointment, which in the absence of a DPW commissioner, would be County Manager Dan Briggs.