The Aquebogue man ejected from the Town Board meeting Thursday has filed a notice of claim with the Town of Riverhead, declaring his intent to sue the town for $10 million in damages for a wide array of alleged violations of the federal and state constitutions, as well as federal and state laws.
Ron Hariri, a lawyer and a partner in the law firm of Hariri and Crispo in Manhattan, had the notice sent by email to Riverhead Town Attorney on Friday afternoon by an attorney in his law firm.
In the notice, Hariri claims the town and its officers conspired to deprive him of his rights in violation of federal law, used excessive force, made an unlawful seizure, violated his right to free speech, committed assault and battery, false arrest, negligent supervision and inflicted emotional distress, defamation, libel and slander. He also claims the town violated the New York State Open Meetings Law.
Town Attorney Erik Howard did not respond to a request for comment on the filing.
Hariri, a frequent critic of town officials, was criticizing the Town Board’s proposed budget and complaining about the Riverhead IDA and the town square project during the board’s budget hearing Thursday afternoon, when Hubbard cut him off and told him to stick to the subject matter of the hearing. The exchange that followed between Hubbard and Hariri escalated. After Hariri called the supervisor “an absolute disgrace to this town,” Hubbard directed the town’s IT staff member handling the meeting livestream to turn off the microphone on the podium.
The livestream of the meeting was also shut down as Hubbard directed police to remove Hariri from the room after Hariri refused to leave the podium.
“If you can’t speak civil when you come up here, you’re not going to be allowed to speak,” Hubbard told him.
The exchange continued even as Hariri, accompanied by two police officers, was escorted from the room.
New York State Law requires anyone who intends to bring an action against a municipality alleging a wrongful act by a town official must first file a notice of claim with the municipality.
The notice of claim must be filed within 90 days of the act complained of. The claimant can file the lawsuit after 30 days have passed since the service of the notice. Within that time period, the municipality can require a hearing on the notice of claim, providing a chance to examine the claimant under oath and a chance to decide how to respond to the claim. The claimant’s lawsuit must be filed within one year and 90 days from the date of the act(s) giving rise to the claim.
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