A state Supreme Court justice has ruled that the Town of Hempstead violated open meetings law when it appointed John Ferretti as interim supervisor two months ago.

Justice Gary Carlton issued the ruling.

"The court finds that it is readily apparent that plans had been made in advance of the August 5th 2025 town meeting for Mr. Clavin to step down and Mr. Ferretti to be appointed Supervisor," Justice Carlton wrote.

The ruling comes after the GOP-controlled Hempstead Town Board voted to appoint then-Nassau Legislator Ferretti as Hempstead's new supervisor in an Aug. 5 meeting. The appointment was made moments after then-Supervisor Don Clavin abruptly resigned. Neither Clavin's announcement nor the vote to appoint a replacement were presented as part of the meeting's public agenda.

Hempstead Town Supervisor candidate Joe Scianablo (D-Garden City) filed the lawsuit asserting the appointment violated state open meetings law.

"John Ferretti and the Town Board willfully and knowingly broke the law," Scianablo said in reaction to the ruling Thursday. "They violated the open meetings law without giving the public proper notice of your back-room, back-door power grab."

Meanwhile, Hempstead Town Spokesperson Brian Devine responded to the ruling by saying, "The Town is pleased that the Judge's decision does not nullify the appointment of Supervisor Ferretti."

A separate court date is still needed for the court to determine damages in the case. There is also a discrepancy over whether Hempstead Town officials could be held in contempt of court for failing to appear during yesterday's hearing despite a subpoena.

"The parties have written to the judge for guidance on how he would like to receive argument on the penalties," Josh Kellner, an attorney for Scianablo, said. "He hasn't set a date yet, but we anticipate that he'll do so shortly. He's also set out letter briefing on the issue of the defendant's contempt."

Devine said there was a scheduling discrepancy.

"(Wednesday's) hearing regarding an open meetings question and the Town of Hempstead was scheduled for 2pm. Upon learning that the judge began the hearing hours early, Supervisor Ferretti immediately reported to the courthouse and was prepared to appear before the court. Unfortunately, the hearing was closed prematurely," Devine said. "Supervisor Ferretti reported to the courthouse again at the originally scheduled 2pm hearing time. The court acknowledged his appearance. The Supervisor was accompanied by Town Clerk Kate Murray, Councilman Tom Muscarella, and Councilwoman Laura Ryder."