Lawsuit after lawsuit: Town Councilman Cook discontinues lawsuit with TOH; fellow board member Smyth files lawsuit alleging petition fraud

The race for Huntington Town Supervisor is getting more complicated by the minute, as two of the three candidates, Councilman Ed Smyth and Councilman Gene Cook – both Republicans – continue to clash on their way to the November 2 election.

In September 2020, the Huntington Town Board voted to accept a settlement with LIPA, thereby reducing the taxes paid to the town by the Northport power plant. The vote was 4-1, with Councilman Cook being the only “no” of the group. At that time, Cook said he’d keep fighting against LIPA and for the people. Since then, he’s filed multiple lawsuits against LIPA and plant owner National Grid, claiming that the multimillion-dollar settlement is unlawful and should be nullified.

According to Cook, the Public Authorities Control Board (PACB), which is a state oversight body, did not approve LIPA “projects,” including the signing of supply contracts with Cross-Sound Cable (CSC) Company (a high voltage electrical transmission company), which is a violation of state law. In 1999, LIPA was ordered by Nassau Supreme Justice Winslow to submit all contracts dealing with CSC to PACB. That court order was ignored, said Cook, and now, after 22 years, he and CSC are taking LIPA to federal court.

“Now, the federal court is going to listen to that and it’s great,” said Cook, referring to LIPA’s indifference to the law. “We are assisting them [CSC] and we’ll see what happens. If that goes through the way I think it will, it makes our case much better for Judge Emerson.” (Judge Emerson is the Supreme Court Justice that will rule in Cook’s Article 78 lawsuit.)

An Article 78 suit is when an individual – in this case, Cook – asks the state court to review a decision of a New York State body. Cook is confident that the settlement between LIPA and the TOH can be reversed because of LIPA’s unlawful actions related to the PACB. On June 11, the Town of Huntington, which was listed as a defendant in a lawsuit, was withdrawn by Cook with a “stipulation of discontinuance.” The councilman is continuing the fight against LIPA, and he’s fronting the bill.

“I filed the lawsuit, I’m paying for it myself and I believe it’s the right thing,” he said. “Any elected official should fight for the people that he or she is elected to look after, and I’m going to do that until I’m done… I’m putting my money where my mouth is, and we’ll see what happens.”

Supervisor Chad Lupinacci chimed in on the most recent lawsuit status, saying that Councilman Cook withdrew his lawsuit against the Town of Huntington “because it was clearly frivolous."

When asked about his current position on the settlement and lawsuit between Cook and LIPA, Councilman (and Deputy Supervisor) Smyth said, “Settling the decade-long LIPA tax fiasco spared Huntington taxpayers from financial ruin. It was a bipartisan decision to settle. Not resolving this case would have been grossly irresponsible.”

While opponents suggest that Cook’s fight is simply a political play, the councilman defended his efforts. “It would be a political play if I didn’t put up all the money for it,” he said. “I’m in the federal courts now. Certainly people are going to say that because they’re afraid that I may be right.”

Councilman Cook has also become the focus of what’s being called a grassroots movement to elect him for town supervisor under the “Stop LIPA” ballot line, an effort he began after Smyth was announced as the Republican nominee, forcing Cook to rethink his own candidacy and reenter the race as a third party candidate. Cook had originally dropped out of the race following the Smyth announcement, saying he stood by the Huntington Republican committee’s decision.

On May 25, however, petitions supporting Cook for Huntington Supervisor were submitted to the Suffolk County Board of Elections. A group of TOH residents supporting the councilman gathered double the signature requirement needed to get the independent Stop LIPA line on the November ballot. The petitions have since been certified by both boards of elections.

On June 8, Councilman Smyth filed a lawsuit in the New York State Supreme Court, alleging the petitions are fraudulent and that signatures were illegally obtained, among other improprieties. The lawsuit could put Cook’s position on the ballot in danger.

Cook heartily defended his candidacy, and the efforts it took to get him on the ballot as a third-party candidate. “The Stop LIPA line is an awesome line,” he said. “Do you realize that Republicans, Conservatives and Democrats went out to get those signatures? And they did it without any help from anybody.”

“Doing that is democracy at its best,” Cook added. “That’s what it’s all about and I’m thrilled to be part of it.”

Running on the Democratic line for Supervisor is Rebecca Sanin, a Huntington Station resident.