Carters’ court case delayed
Two Shelter Island carters will continue their court battle, but no on Tuesday, as had been expected.
The case of two clashing carters on Shelter Island that had been scheduled for trial Tuesday, October 7, has been adjourned at the request of the plaintiff’s attorney.
Anthony Palumbo, who represents Jon DiVello of Shelter Island Environmental Services, asked for the adjournment, according to defense attorney Kimberlea Rea of Westervelt & Rea LLP. She represents Dan Binder of Dan’s Caring and Recycling. Mr. Palumbo, who is currently campaigning for re-election to the New York State Assembly, couldn’t be reached for comment.
Mr. DiVello sued Mr. Binder charging that the latter was using a company name — Shelter Island Sanitation — meant “to deceive and mislead the public” about who is handling their refuse.
Mr. DiVello further charged that Mr. Binder libeled him in a letter to the Reporter in September 2012 that stated that “another garbage company” operating here fails to use proper recycling practices. An editor’s note to that letter identified Mr. DiVello’s company as the other carter and said Mr. DiVello had denied the charge.
Justice Emily Pines in the New York State Supreme Court refused to block Mr. Binder from continuing to use the company name pending resolution of the suit.
Mr. Binder incorporated his business in 2005 as Shelter Island Sanitation, doing business as Dan’s Carting and Recycling. Mr. DiVello’s father, purchased Shelter Island Refuse from Fred Ogar in 2003 and Jon and a business partner took over the business in 2011.
