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Apr 29, 2015 9:59 AMPublication: The Southampton Press

Judge Rules Against Former Southampton Town Councilman James Malone In False Imprisonment Suit

Apr 29, 2015 10:21 AM

A State Supreme Court Judge earlier this month ruled against former Southampton Town Councilman James Malone in a 2012 lawsuit claiming that he assaulted and imprisoned a local contractor.

According to the suit, filed by Anthony Prosano, who was living in Hampton Bays at the time, Mr. Malone failed to pay him for thousands of dollars worth of work he had been contracted to do and had completed in Mr. Malone’s home in Hampton Bays. After confronting Mr. Malone at the Suffolk County Center in Riverside—where Mr. Malone works as a county law clerk—Mr. Prosano said, the Town Board member locked him in his office and verbally abused him, refusing to let him leave.

In the State Supreme Court decision, Justice Mark Partnow wrote that Mr. Malone did violate Mr. Prosano’s rights, and that he was guilty of false imprisonment, assault, breach of contract, and failing to return supplies. As part of the decision, the judge will now decide on a financial settlement for Mr. Prosano. It could be more than $1 million.

“Well, my client is obviously ecstatic that the court found in his favor and believes that Mr. Malone has done some very bad things and needs to be held accountable,” said Marc Held of the Held and Hines law firm of Brooklyn and New York City, the attorneys representing Mr. Prosano. “Mr. Prosano is a young man with few financial resources, so he did the only thing he could—go to court to seek justice and hope that it would be served.”

According to the suit, Mr. Prosano was hired by Mr. Malone in November 2011 to complete $52,000 worth of renovations to Mr. Malone’s Anderson Street home, which had been damaged in a fire. After several attempts to get the money from Mr. Malone, Mr. Prosano said, he ran into the former town official while at the Suffolk County Clerk’s office to file a mechanic’s lien against the house in the amount of $7,971.52 until payment was received. That is when, he said, Mr. Malone locked the door of his office and threatened him.

In an audio recording given to The Southampton Press at the time the suit was filed, Mr. Prosano can be heard telling Mr. Malone he could not hold him in his office, to which Mr. Malone replied, “Yes, I can. I’m deputy county clerk. I’m holding you.” At one point, Mr. Malone also said, “You are f-----g playing in a pool you don’t belong in.”

Mr. Malone’s attorney, William Duffy of Patchogue, did not immediately return calls for comment.

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"I’m deputy county clerk." I'm sure even the Oval Office trembles when they hear those words.
By rburger (82), Remsenburg on Apr 29, 15 10:59 AM
1 member liked this comment
Malone is a victim of his arrogance. Justice indeed.
By Toma Noku (616), uptown on Apr 29, 15 11:05 AM
Malone is an arrogant jerk. Happy to hear he has to pay Mr. Prosano. Justice has been served!
By reg rep (408), Southampton on Apr 29, 15 7:20 PM
WOW! I just read in Newsday that Malone wants to run for election as a District Court Judge!
By Arnold Timer (327), Sag Harbor on Apr 30, 15 11:14 AM
Don't forget, folks, that this "individual" - - - (alternatively, insert here the appropriate slang term for someone who is incredibly stupid, arrogant, dishonest and presumptuous [profanity encouraged]) - - - was a Southampton Town Board member. Not only that, he was originally slated to be the Republican candidate for SUPERVISOR until Anna Throne-Holst and the Independen[ce] Party did a deal with them.

Makes one wonder what the criteria are to which the Southampton Republican Committee ...more
Apr 30, 15 12:35 PM appended by highhatsize
I just read the Newsday article. Malone had countered with a suit for "defamation and slander" for $11 million. Didn't they tell him at Touro Law School (or the DeVry Graduate School of Business Administration [or wherever it is that he went after scarpering]) that truth is an absolute defense. It was dismissed, of course.
By highhatsize (4217), East Quogue on Apr 30, 15 12:35 PM
2 members liked this comment

You have one hell of a vocabulary. I just had to look up "scarpering". Thanks for the new word.
By Arnold Timer (327), Sag Harbor on Apr 30, 15 10:33 PM
Don't forget to add lier to your list above.
He said he would step down as SH Town Conservative Leader if he won his election as Councilman, he did not. He said he would resign his 2nd full time job as Deputy County Clerk if he won the election as a SH Councilman, he did not!
Malone thinks he is above the law and that rules do not apply to him. He has some very serious issues.
By reg rep (408), Southampton on Apr 30, 15 9:58 PM
2 members liked this comment
I wish he had to serve time as well as pay reparations and damages. He epitomizes all that is wrong with corrupt, entitled, civil servants. I'm sure as he reads these comments he remains smug and cannot understand just what a reprehensible character he is.

Mr. Malone: please just disappear from the public's eye permanently...
By Arnold Timer (327), Sag Harbor on Apr 30, 15 10:25 PM
Mr Malone ... You got my vote ! Dopey .
By AndersEn (174), Southampton on Apr 30, 15 10:44 PM
Mr Sleazy
By EastEnd68 (888), Westhampton on May 1, 15 4:26 AM
1 member liked this comment
What a jerk. Accomplished nothing as a Town Board member. One and done and won't ever be remembered for anything good. Obviously had no parenting growing up. No humility. The last guy you would want at your party.
By lirider (288), Westhampton Beach on May 1, 15 6:14 AM
1 member liked this comment
Hahaha! Malone! Looks like you may be an arrogant cheapskate!! Lol
By Lets go mets (377), Southampton on May 3, 15 7:52 PM
1 member liked this comment
Guess its time for Jughead Jim to get out of the pool
By CaptainSig (716), Dutch Harbor on May 9, 15 7:08 AM
1 member liked this comment