The Hempstead Town Board took the unusual step of confirming its previous appointment of John Ferretti as town supervisor.

The town council's vote comes after Ferretti's challenger in November's election, Joe Scianablo (D-Garden City), filed a lawsuit, arguing Ferretti's Aug. 5 appointment as supervisor violated open meetings law.

Hempstead Town director of communications Brian Davine says by confirming its appointment of Ferretti (R-Levittown), the Town Council "has rendered this cynical lawsuit moot and protected residents from unnecessary costs."

"Mr. Scianablo's lawsuit was nothing more than a self-serving stunt. It did not improve government. It did not help residents. What it did was attempt to burden hardworking Hempstead taxpayers with unnecessary legal bills. That is the exact opposite of public service," Davine said.

But Scianablo, who attended Tuesday's meeting and spoke during the public comment portion of the proceedings, tells News 12 the lawsuit is still on.

"They violated a simple law. Whatever the town attorney says, and [board members] say, it's just not our position. And it's not true," Scianablo said.

Before Tuesday's town board meeting, the community-based organization The Corridor Counts rallied outside town hall, calling on Ferretti to resign. Attorney Frederick K. Brewington, who leads the group, also penned a letter to State Attorney General Letitia James, calling for an investigation into the town's hiring of former Supervisor Don Clavin to a new position, with an office based in a building that has been closed since 2020.

"Investigate it officially. Because there's official misconduct, there's fraud, there's theft," Brewington said.

Clavin (R-Garden City) retired from the new position last month after public outcry over his hire. He is running for a judgeship in November's election and is cross endorsed by both major parties.

A spokesperson for Attorney General James tells News 12, "our office has received and is reviewing the complaint letter."

Meanwhile, during Tuesday's meeting, Hempstead Town attorney John Maccarone repeatedly responded to residents, insisting that "the board's actions followed the law."