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Sno Kone Joe case has 4-year history

May 10, 2013
By Levi Pascher , The Leader Herald

JOHNSTOWN - The city Police Department, in court documents filed Wednesday, described a history of incidents involving the pair of Sno Kone Joe operators dating back to 2009.

The 10 incidents involved either Joshua Malatino or Amanda Scott, who both operate the trucks.

Scott, the owner of the ice cream truck business, is in the middle of a hearing before state Supreme Court Justice Joseph M. Sise to determine if her permit to be a vendor in the city should be renewed.

Article Photos

From left, Gloversville Mayor Dayton King, Gloversville Police Chief Donald VanDeusen and Gloversville Attorney Michael Albanese appear in state Supreme Court in Johnstown on Wednesday in the case involving Sno Kone Joe.
The Leader-Herald/Levi Pascher

Scott and Malatino, both of 62 East Blvd. in Gloversville, last week 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.

Sno Kone Joe's permit was up for renewal Saturday, but the city refused to renew it.

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

The first incidents occurred in June and July of 2009, according to court documents, when former Mr. Ding-A-Ling driver Melissa Ryder told police Malatino followed her truck after he yelled out to one of her employees, "What the [expletive] are you doing in Gloversville?"

Police said in the report they tried to contact Malatino but were unable to do so. This resulted in police telling Ryder they didn't identify any crime.

Several events outlined by the city in court documents relate directly to Malatino such as an Aug. 16, 2011, complaint from his former landlord stating Malatino wouldn't give his keys back.

His former landlord, Mark Givis, told police Malatino would "have him killed" and raised his fist at him. He also said Malatino left his new apartment and chased him in his personal vehicle and spit at him.

Malatino said in the report Givis used foul language and spit at him as well.

Police said in the report, "Both parties were advised to avoid each other and to behave like civilized adults."

In an August 2011 complaint, Carl David told police Malatino yelled out that David was a pedophile and refused to provide him with ice cream. In the report, it said Malatino never denied the statement but claimed David yelled "[Expletive] you" at Malatino and his girlfriend. The report notes that shouting between the two parties occurred while children were waiting in line at the ice cream truck.

Malatino later was charged in October 2011 with third-degree assault after witnesses said he punched Jacob Myzal in the face at The Pizza Joint at 151 N. Main St. on Oct. 14, 2011.

The police report said Malatino is accused of stating he would "break every bone in your body, and I'm going to kill you." While making the threat, he pushed Myzal - which Myzal didn't respond to - before Malatino then punched him in the face, the report said.

Employees of the restaurant stated in the police report they didn't see Myzal provoke Malatino. They said they didn't hear the conversation between the two but saw Myzal get hit.

On May11, 2012, police responded to 110 Lincoln St. for a disorderly conduct complaint involving rival ice cream trucks.

According to the police report, an officer arrived at the scene to witness Lillian Martindale yelling at the people in the Sno Kone Joe truck. Martindale was the ex-girlfriend of Mr. Ding-A-Ling driver Joe McSpirit and was upset Malatino was selling ice cream in front of her home and wanted him to leave.

The police officer asked Malatino why he was pulled up behind the Mr. Ding-A-Ling truck that already was parked at that location, and Malatino replied he was "trying to compete with his rival's business because his truck is more popular."

Police said in the report they suggested Malatino not park at that location and advised Martindale to ignore minor situations before they escalate.

In another incident that occurred in August, city police charged Kathleen Zapp, of 7 Oakland Ave., with second-degree harassment after she was accused of hitting Scott in the face. The police report claims Zapp was awakened by the music from Scott's ice cream truck and she claimed Scott intentionally parked the vehicle in front of her residence to harass her because of prior disagreements.

Another incident occurred in September, when Malatino and Scott alleged harassment against rival ice cream truck driver Robert Insognia. However, when police spoke to Insognia, he said Malatino and Scott harassed him and denied calling either driver derogatory names.

Police were again called Sept. 14 to a harassment complaint by Malatino against two males he claims were harassing Scott. Police said one of the males was identified as 14-year-old Kyle Richer, who later denied harassing Scott and says he "asked Scott for a free sample of ice cream and was not harassing in any way until Malatino began yelling and screaming at him."

However, the police report said, Scott said Richer told her if she didn't give him ice cream, he would beat her.

On April 24, Malatino had a disagreement with Chief VanDeusen over parking in a no-parking zone in front of Boulevard Elementary School in Gloversville and initially refused to comply.

According to a report by VanDeusen, Malatino told VanDeusen he had permission from the mayor to park there, but the mayor later told the chief he never gave permission.

Malatino refused to move and VanDeusen called for a police unit to come to the location with a parking ticket. Malatino eventually parked the truck on his front lawn, continuing his sales, documents showed.

The remaining instances outlined by the police in the court documents involve current Mr. Ding-A-Ling driver Phillip Hollister on April 16, 19 and 28 of this year, which led police to charge Malatino and Scott with stalking and harassment.

Scott's argument through her attorney, Bill Lorman, is based on past dealings with Gloversville as it relates to acquiring her vending permit.

According to the court document, Scott previously received a one-month vendor license that included a "satisfactory background check" from the Police Department.

"It is respectfully submitted that the city of Gloversville's refusal to extend my permit is arbitrary and capricious, unreasonable and unsupported by any substantial evidence and contrary to the law," Scott's complaint states.

Justice Sise adjourned the hearing on the permit issue until 9:30 a.m. Tuesday in Fulton County Court.

 
 

 

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