Ice cream case heats up

GLOVERSVILLE – No decision was made Tuesday on whether the owner of Sno Kone Joe will be able to sell ice cream in the city.

Amanda Scott, the owner of the business, and city officials were back in Fulton County Court before state Supreme Court Judge Joseph M. Sise today to continue the hearing and determine if Scott’s permit was wrongly denied by the city.

The attorney representing Scott, Bill Lorman, stated in court documents the city’s decision to deny Scott a vending permit is “arbitrary and capricious.”

On Tuesday, he called Gloversville City Clerk Susan Semione and two police officers to the stand.

Semione described the process of how a vendor permit is approved, and said Malatino was the carrier of paperwork to her office to obtain a vendor’s permit.

Lorman then questioned the officers on how they went about addressing the complaints by the driver of the Mr. Ding-A-Ling ice cream truck.

Scott and Joshua V. Malatino, 34, both of 62 East Blvd., were charged with second-degree harassment, a violation, and fourth-degree stalking, a misdemeanor. Police said the two were trying to keep Mr. Ding-A-Ling from selling ice cream in the city.

Those charges will be handled in City Court at a later date.

Sno Kone Joe’s permit was up for renewal, but Police Chief Donald VanDeusen recommended Mayor Dayton King not reissue the permit, and King told the city clerk not to renew it, which resulted in the decision to go to court.

During questioning, Officer Dennis Smith said there were no vehicle and traffic violations when he witnessed Scott tailing the rival truck by less than 5 feet.

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.

VanDeusen said in court documents his recommendation to deny the permit was based on facts from incidents involving Scott and Malatino.