Former city councilman Lance Gundersen inadvertently erased email and police are investigating the theft of Mayor Tim Hughes’ laptop computer, the city’s lawyer stated in the latest document filed in the wrongful termination lawsuit of former city clerk Gary Margiotta.
To read the full response by the city of Gloversville to claims made by the attorney for former city clerk Gary Margiotta, click here.
Greg T. Johnson of the Albany law firm of Girvin & Ferlazzo responded June 18 to a complaint filed by Margiotta’s lawyer, Elmer Robert Keach III. Keach asked a federal judge to sanction the city for failing to supply the e-mail of Gundersen and Hughes, who reported to police his city-owned laptop was stolen May 25 from his vehicle in the City Hall parking lot.
Johnson makes a counterclaim to the court against Keach, asserting that Keach has wrongfully insinuated that “Hughes intentionally lost evidence with respect to this proceeding, as well as a related matrimonial proceeding.” “Not only has [Hughes] lost valuable city property,” Johnson said, “but now must be subjected to the highly publicized insinuation that he falsely reported his property as stolen.”
Hughes and lawyers from Girvin & Ferlazzo have not returned phone calls seeking comment on this case.
In his filing, Johnson said efforts are continuing to be made to “in good faith to reduce and/or resolve the few outstanding discovery issues.”
Johnson informs the court that much of Gundersen’s missing e-mail has already been obtained by Keach from Gundersen’s correspondents.
While addressing Keach’s complaint to the court, Johnson files a complaint of his own, alleging Keach has violated an interim protective order issued by the court to stop the leaking of discovery documents to the media. Johnson, who is seeking a permanent order on which both sides have already filed arguments, submitted recent articles from DailyGazette.com in his complaint.
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Categories: Schenectady County