Gloversville ice cream truck owner sues to get vending license back

PHOTOGRAPHER: Edward Munger Jr.

A Gloversville ice cream truck operator accused of stalking and harassing a rival contends in court papers the allegations against her are untrue.

Amanda C. Scott, 21, of 62 East Blvd., appeared briefly today before state Supreme Court Justice Joseph Sise before a hearing was scheduled for Wednesday.

Scott, sole owner and operator of a Sno Kone Joe ice cream truck, was charged April 30 after a driver for a rival Mr. Ding-A-Ling truck told police she and her boyfriend, Joshua V. Malatino, 34, followed his truck, blared their music and offered free ice cream to his customers.

City police said the situation came to light when Officer Jonathan Silva saw the Sno Kone Joe truck nearly riding the bumper of Mr. Ding-A-Ling.

According to court papers, Scott went to the Gloversville City Clerk’s office the day after her arrest and sought a license renewal. She learned she couldn’t get a permit until she talked with the Gloversville police chief.

Scott contacted her attorney, who called police and learned Police Chief Donald Vandeusen recommended against the license for “public safety” reasons. Scott then filed a lawsuit against city officials, asking that the city be ordered to renew the license until the matter could be resolved in court.

Sise declined to issue that order and instead set a hearing that was adjourned until 2 p.m. Wednesday.

In the criminal case, Scott and Malatino are each charged with fourth-degree stalking and second-degree harassment.

Police lodged the charges after Mr. Ding-A-Ling driver Phillip N. Hollister alleged the pair were following him in their Sno Kone Joe truck as he tried to sell ice cream. He further alleged Scott on April 28 pulled up in front of his home “and began video recording me and my kids outside, I went into my house just to avoid her,” according to his statement to police.

Later that day, Hollister alleges Malatino pulled up behind his truck “with his music very loud and began telling people in line at my truck that he had free ice cream. I left the city after that so I wouldn’t be harassed. It’s really getting old real quick,” Hollister said in the statement.

Hollister recognized Malatino because, he alleges, on April 16, his first day selling ice cream, Malatino drove by him on Eighth Avenue and shouted: “You don’t have a chance, this is my town.”

Scott, in an affidavit submitted in the court filing, outlines the allegations of stalking and harassment against her and denies them.

“Under oath I advise this Court that I did not engage in any of this alleged behavior,” Scott said in the document.

She then goes on to request the court extend her vendor license through Sept. 4, 2013.

“Profit from the sale of this ice cream is my sole and only source of income,” Scott said in court papers.

Scott’s argument appears to rely on past dealings with the city of Gloversville as it relates to the vending license. According to the filing, Scott received a one-month vendor license that included a “satisfactory background check” from the Police Department.

Since she took over the Sno Kone Joe business from its former operator in 2010, Scott contends her “custom and practice” has been to get a one-month license for $25 and then pay $75 to extend the license another four months. Then, Scott says she would get a one-month license to finish the ice cream season.

“It is respectfully submitted that the city of Gloversville’s refusal to extend my permit is arbitrary and capricious, unreasonable and unsupported by any substantial evidence and contrary to the law,” Scott’s complaint states.

On Tuesday, the attorney representing Gloversville, Michael Albanese, requested more time to draft a legal response to Scott’s complaint. Sise agreed and ordered the parties back in court today to hear arguments.

Reach Gazette reporter Edward Munger Jr. at 212-6223 or [email protected]