Hartwick Town Councilman Files Article 78 Petition Challenge against Town Supervisor

By JOSHUA YOUNGQUIST
HARTWICK

Bryan LoRusso, a member of the Town of Hartwick Town Board, has filed an Article 78 petition against Cody Moore, the town’s supervisor, alleging violations of state law, improper financial management and failures in governmental oversight.

An Article 78 proceeding is a legal mechanism in New York State that allows individuals to challenge actions taken by government agencies, municipalities or public officials. Rather than seeking monetary damages, petitioners typically ask the court to determine whether a public official acted within their legal authority, followed required procedures or fulfilled duties required by law.

LoRusso’s petition argues that Moore exceeded her authority as supervisor, improperly handled town finances, violated New York’s Open Meetings Law, and failed to perform statutory duties associated with the office of town supervisor. The filing asks the court to review those actions and order corrective measures if violations are found.

The petition centers on four primary allegations: violations of Open Meetings Law; transfers of town funds without proper authorization; improper payroll deductions involving a town employee; and failures in financial reporting and oversight.

One of the lawsuit’s main claims stems from a May 11, 2026 Town Board meeting. According to the petition, after the meeting officially adjourned, Moore, town board members JoAnn Gardner and Caren Kelsey, along with the town attorney, remained behind and continued discussing town business. LoRusso alleges no public notice was given, no official meeting was scheduled, and no minutes were produced despite discussions involving town expenditures. The petition argues those actions violated New York’s Open Meetings Law.

The filing also challenges two fund transfers allegedly authorized by Moore. According to the petition, $69,400.00 was transferred from the General Fund to the Water Fund on March 17, 2026, and an additional $70,636.00 was transferred from the General Fund to the Fire Fund on June 23, 2026. LoRusso contends the transfers occurred without proper Town Board authorization and outside legally required financial procedures.

Another claim involves town employee James Croft and a payroll deduction totaling $584.92 for retirement contributions that were allegedly not withheld previously. The petition argues Croft was pressured into signing an authorization for the deduction without proper labor protections or union involvement and seeks reimbursement of the funds.

The broadest portion of the filing alleges Moore failed to fulfill several statutory responsibilities of the supervisor’s office. According to the petition, financial reports were delayed, records were not made available promptly, expenditures occurred without required board approval and agreements were entered into without authorization from the Town Board. LoRusso argues those actions prevented effective oversight of town operations and finances.

The petition includes supporting exhibits such as Town Board meeting minutes, work session records, payroll documentation, bank statements, fund transfer records and correspondence between town officials. The filing also highlights what it describes as ongoing disagreements between LoRusso and Moore regarding financial management and access to town records.

“I filed this lawsuit because our residents deserve a local government that operates with complete transparency and strictly adheres to the law,” LoRusso told AllOtsego on Tuesday, September 15. “This legal action is not about politics; it is about restoring proper checks and balances, ensuring fiscal accountability, and upholding the open and fair processes that every taxpayer in Hartwick is entitled to.”

“My lawsuit simply asks a judge to hold Moore accountable and make her follow rules and procedures—because when decisions move behind closed doors, it compromises the integrity of our town government,” LoRusso explained.

Asked by AllOtsego for comment regarding the allegations contained in the petition, Cody Moore said she could not discuss the matter.

“I can’t comment on that at this time,” Moore said.

The Article 78 proceeding is now pending before the court, which will ultimately determine whether the actions challenged in the petition did or did not comply with New York State law.