Rizzo deletes Facebook post after letter to Smullen | The leader of Visnyk Novosti

The Daily Gazette Family of Newspapers obtained a cease and desist letter addressed to Rizzo on Tuesday and forwarded it to the bidder. In response, he immediately decided to resign, trying to avoid legal proceedings.

In Friday’s filing, Rizzo was accused in part of making false and defamatory comments about water use and property deed records obtained through the Freedom of Information Act.

“I will cease and desist. no problem I’ll remove it. Why doesn’t he explain to us about water?” asked Rizzo.

Smullen declined to comment for this story.

The social media attack is based in part on language contained in an 1877 agreement between George Gildreth and the then-village Board of Water Supply that allows free water through the cut to the “heirs, executors, administrators and assigns” of the town of Johnstown. land

Rizzo questioned Smullen’s right to free city water, given that he is not a Gildreth descendant.

Rizzo’s Oct. 3 FOIL request prompted City Attorney Amanda Rose to look into the matter. She found nothing illegal, according to Gloversville Water Works Superintendent Anthony Mendette.

“We’ve given (Rizzo) all the information, and I still think he doesn’t quite believe that Smullen will get free water (if he’s) the heir, which is not true,” Mendetta said. “It’s anybody who’s a deed, which means whoever owns that property, the deed goes with the free water.”

Smullen has owned the 70-acre property since August 2016. In June, a lawmaker paid $1,800 to get a curb upgrade on a newly developed lot. According to Mendetta, he pays for water on that part of the land that is not related to the document.

In an Oct. 23 social media post, Rizzo claimed the new curb cut was a “CYA” (cover your f—) move by Smullen.

It is unclear whether statements of this nature were covered by the termination letter. The letter from Albany attorney Adam Fusco did not mention any specific examples of defamation.

“This public Facebook post contains baseless statements, not supported by facts, that indicate your intent to post false statements to damage the reputation (sic) of Mr. Smullen,” Fusco wrote.

The latter part of the letter also accused Rizzo, who launched a write-in campaign in early October, of failing to file campaign reports.

“Please report the status of these campaign accounts so that our office can verify that you have complied with the laws, rules and regulations of the New York State Election Law,” Fusco wrote.

Candidates who are running on behalf of fewer than 10,000 people and spend less than $1,000 on the process can file Form CF-05 instead of filing regular reports, according to BOE spokeswoman Kathleen McGrath.

Rizzo said he already got involved with the state’s Board of Elections early in his campaign. He contacted the BOE again on Tuesday to get a form to make the expenses.

According to Rizzo, his campaign has spent about $500 so far. He believes Smullen sees his bid, which Rizzo does not expect to win, as a threat.

“Because I challenged him, he wants legal stuff again,” Rizzo said. “Just because you have money, you think you can push people around. That’s what it’s about.”

The frosty relationship between Smullen and Rizzo dates back six years. That’s when a then-Johnstown City Council member said the then-Assembly candidate had cheated on his taxes while filing for principal residence-only exemptions on two properties, including his Fulton County residence, as well as a second property at Niskayuna in Schenectady County. Charges related to the case were later dropped due to a mistrial.

Last cycle, Smullen campaigned heavily for two candidates, facing Rizzo in a three-way race for Johnstown City Council. Rizzo was finally defeated after nearly ten years in office.

The Republican lawmaker previously said he was just looking out for his hometown, but Rizzo believes Smullen’s intentions are to punish his opponents. He was a staunch critic of Smullen on a range of issues spanning the last half of the decade.

Rizzo, of course, isn’t the only one who allegedly questioned Smullen’s water situation. Then-Gloversville Councilman Arthur Simonds claimed he asked Mendetta about Smullen getting free water and curb cutting at the end of his last term last year, and the superintendent said no.

Mendetta said that conversation did not take place.

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