Have a nice day. Enjoy every moment of your life. Elizabeth Hurley for you.
HURLEY - Steven Nekos, the Republican and Independence Party candidate for town justice and the owner of the Hurley Mountain Inn, has filed a $4 million lawsuit against Hurley resident Dean Kraus for revealing information about a 1999 arrest and subsequent dismissal of a case alleging Nekos solicited sex in the men's room of a popular New Paltz nightspot.
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The lawsuit claims "libel and slander and breach of confidential information" by Kraus caused harm to Nekos' personal life and his business.
The suit was filed Wednesday in state Supreme Court in Ulster County and contends Kraus distributed material considered confidential because the criminal case against Nekos was dismissed on technicalities.
Kraus, who lives on Hillside Avenue in Hurley, was described by Nekos as a political operative.
In his lawsuit, Nekos acknowledges being arrested on Nov. 5, 1999, and charged with third-degree sexual abuse after allegations were made that he "sexually abused a person in the early morning hours" in a bathroom at Joe's East-West in New Paltz.
Arrest records "further allege that he caused a car accident soon after he left the barroom and soon after that accident telephoned the New York state police and falsely reported that his car had been stolen," according to court documents.
Other charges heard during a March 22, 2000, trial in New Paltz in connection with the incident were third-degree falsely reporting an incident, a Class A misdemeanor, and traffic citations for leaving the scene of a property-damage accident and failure to keep right.
Nekos was convicted at the town level, but on April 5, 2002, visiting Judge Paul Czajka, presiding in Ulster County Court, reversed the sexual abuse conviction and ordered a new trial, and he dismissed three other counts.
Czajka wrote that the town had no jurisdiction over the charge of falsely reporting an incident and that prosecutors "failed to timely serve supporting depositions" for the vehicle and traffic offenses.
On Friday, Nekos called the allegations a lie and said the matter ultimately was "dismissed by prosecutors" in New Paltz Town Court on Sept. 15, 2003.
"I maintain my innocence, that there were untruths, and the charges were dismissed in my favor," he said. "If you believe in the legal system, my integrity and good name were restored."
Prosecutors and court officials in New Paltz were unable to review records Friday to confirm the status of the criminal case, which was handled by Dutchess County Assistant District Attorney Jessica Segal because of an unspecified conflict of interest in the Ulster County District Attorney's Office.
Dutchess County District Attorney William Grady said on Friday that information was not immediately available but he believed Nekos may have been allowed to plead to a lesser charge.
Nekos' lawsuit contends Kraus harmed him by distributing court documents from the criminal case. It also contends Kraus has released false information about the status of apartments owned by Nekos on Hillside Avenue.
Kraus distributed the materials "for the purpose of harming (Nekos) and tarnishing his name, integrity, business and political reputation within the community."
Kraus could not be reached for comment on Friday.
On Thursday, Nekos obtained a temporary restraining order in state Supreme Court from Judge Mary Work, blocking Kraus from further disseminating information about Nekos' 1999 arrest. A hearing regarding the order has been scheduled for Nov. 29.
Nekos' attorney, Ed Carroll, said on Friday that it would be a violation of the restraining order to discuss the law-suit, and he threatened court action against a Freeman correspondent for discussing the case at all.
"If there is mention of something that is a sealed order in the course of litigation, in court, in the courthouse itself, it may be privileged, but any discussion outside the courthouse or in the litigation itself concerning documen-tation that was sealed as the result of a dismissal, it's illegal," he said.
The Freeman obtained a copy of the court papers from the Ulster County Court records room.
Told that the case was discussed by community members following a Town Board meeting Thursday, Carroll said court action could be brought against "the idiots" who distribute the information.
Nekos is one of four candidates vying for two town justice seats in Hurley in Tuesday's election. The others are Democrat Tracy Kellogg, incumbent Democrat Elizabeth Corrado and incumbent Republican John Parker.
The suit was filed Wednesday in state Supreme Court in Ulster County and contends Kraus distributed material considered confidential because the criminal case against Nekos was dismissed on technicalities.
Kraus, who lives on Hillside Avenue in Hurley, was described by Nekos as a political operative.
In his lawsuit, Nekos acknowledges being arrested on Nov. 5, 1999, and charged with third-degree sexual abuse after allegations were made that he "sexually abused a person in the early morning hours" in a bathroom at Joe's East-West in New Paltz.
Arrest records "further allege that he caused a car accident soon after he left the barroom and soon after that accident telephoned the New York state police and falsely reported that his car had been stolen," according to court documents.
Other charges heard during a March 22, 2000, trial in New Paltz in connection with the incident were third-degree falsely reporting an incident, a Class A misdemeanor, and traffic citations for leaving the scene of a property-damage accident and failure to keep right.
Nekos was convicted at the town level, but on April 5, 2002, visiting Judge Paul Czajka, presiding in Ulster County Court, reversed the sexual abuse conviction and ordered a new trial, and he dismissed three other counts.
Czajka wrote that the town had no jurisdiction over the charge of falsely reporting an incident and that prosecutors "failed to timely serve supporting depositions" for the vehicle and traffic offenses.
On Friday, Nekos called the allegations a lie and said the matter ultimately was "dismissed by prosecutors" in New Paltz Town Court on Sept. 15, 2003.
"I maintain my innocence, that there were untruths, and the charges were dismissed in my favor," he said. "If you believe in the legal system, my integrity and good name were restored."
Prosecutors and court officials in New Paltz were unable to review records Friday to confirm the status of the criminal case, which was handled by Dutchess County Assistant District Attorney Jessica Segal because of an unspecified conflict of interest in the Ulster County District Attorney's Office.
Dutchess County District Attorney William Grady said on Friday that information was not immediately available but he believed Nekos may have been allowed to plead to a lesser charge.
Nekos' lawsuit contends Kraus harmed him by distributing court documents from the criminal case. It also contends Kraus has released false information about the status of apartments owned by Nekos on Hillside Avenue.
Kraus distributed the materials "for the purpose of harming (Nekos) and tarnishing his name, integrity, business and political reputation within the community."
Kraus could not be reached for comment on Friday.
On Thursday, Nekos obtained a temporary restraining order in state Supreme Court from Judge Mary Work, blocking Kraus from further disseminating information about Nekos' 1999 arrest. A hearing regarding the order has been scheduled for Nov. 29.
Nekos' attorney, Ed Carroll, said on Friday that it would be a violation of the restraining order to discuss the law-suit, and he threatened court action against a Freeman correspondent for discussing the case at all.
"If there is mention of something that is a sealed order in the course of litigation, in court, in the courthouse itself, it may be privileged, but any discussion outside the courthouse or in the litigation itself concerning documen-tation that was sealed as the result of a dismissal, it's illegal," he said.
The Freeman obtained a copy of the court papers from the Ulster County Court records room.
Told that the case was discussed by community members following a Town Board meeting Thursday, Carroll said court action could be brought against "the idiots" who distribute the information.
Nekos is one of four candidates vying for two town justice seats in Hurley in Tuesday's election. The others are Democrat Tracy Kellogg, incumbent Democrat Elizabeth Corrado and incumbent Republican John Parker.
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