GLOVERSVILLE - State Supreme Court Justice Joseph M. Sise decided today to dismiss the hearing on whether Sno Kone Joe's permit to sell treats was incorrectly denied by ruling in the city's favor.
Sise said the petitioner - Amanda Scott - was unable to prove the city's decision to deny the permit was "arbitrary and capricious."
The lawsuit was filed by Scott after she was denied a permit by the city. The denial came after Scott and Joshua Malatino were charged with stalking and harassment of Mr. Ding-A-Ling driver Phillip Hollister.
Sno Kone Joe's permit was up for renewal, but Police Chief VanDeusen recommended Mayor Dayton King not reissue the permit. King told the city clerk not to renew the permit, which resulted in the court case.
In court documents filed in the case, the city Police Department described a history of incidents involving the pair of Sno Kone Joe operators dating back to 2009. The 10 incidents involved either Malatino or Scott, who both operate the trucks. Most of the incidents involved Malatino and not Scott.
More information will appear in Tuesday's edition of The Leader-Herald.