By Deborah S. Morris
deborah.morris@newsday.com
Asharoken Mayor William Kelly has lost his appeal to be reinstated into the Northport Yacht Club.
The New York State Supreme Court Appellate Division upheld a lower court ruling that the club had the right to expel Kelly after he was accused of sexual harassment.
Kelly, 67, was permanently stripped of his membership in the Northport Yacht Club in May 2005 by the club’s board of governors after allegations he sexually harassed a club employee and fondled two female members. A fourth woman said she was forced to hit Kelly, knocking off his glasses, after he touched her in an inappropriate manner.
Paul Levinson, Kelly’s attorney, said his client has not yet decided what to do next. He added, “We are obviously disappointed with the court’s ruling.”
In February 2006, Kelly sued to be reinstated, but a Suffolk County State Supreme Court judge sided with the club, citing Kelly’s “record of improper boorish behavior.”
Kelly, a married father of two children, vehemently denied the allegations through his attorney when the yacht club’s board terminated his 24-year membership and banned him permanently in 2005.
In it’s decision earlier this month, the appellate court’s four-judge panel unanimously agreed with the lower court ruling.
In a written decision, the court said, “The petitioner’s conduct provided a sufficient basis for the Board of Governors of the Northport Yacht Club to expel him.” The appellate court said the board’s decision that Kelly’s conduct was “prejudicial to the interest and welfare of the club under its bylaws was not arbitrary and capricious.”
Christopher Modelewski, the attorney for the yacht club, said they are satisfied with the court’s decision.
“This case is more about the courage of the ladies who came forward who complained about this type of behavior and less about the law,” Modelewski said.