Independant Investigation Concludes "charges brought against Anthony Costanza are unfounded and are politically motivated."

FOR IMMEDIATE RELEASE August 8, 2025

Irondequoit, NY – After an exhaustive investigation by the investigative and legal staff of The Governmental Watchdog, it has been determined charges brought against Anthony Costanza are unfounded and are politically motivated.

A second independent appraisal conducted last week confirmed that the 2024 correction of the property assessment for former Irondequoit Town Assessor Costanza was not only justified but conservative, further undermining charges of official misconduct and ethics violations brought against him. The appraisal, performed by a licensed independent appraiser, valued Costanza’s property at $142,800 (equalization based on market value of $170,000)—$27,200 less than the $170,000 assessment (equalization based on market value of $184,800) he set in 2024, which was $30,000 below the unconstitutional and illegal $200,000 assessment set in 2023. This new evidence supports Costanza’s actions to correct unconstitutional selective assessments and casts serious doubt on the legitimacy of the charges filed against him.

In March 2024, Costanza, as the sole assessor for the Town of Irondequoit, discovered that numerous properties, including his own, were subject to selective assessment, a practice deemed unconstitutional under the 14th Amendment’s Equal Protection Clause (Allegheny Pittsburgh Coal Co. v. County Comm’n, 488 U.S. 336 (1989), Krugman v. Board of Assessors, 141 AD.2D 175 (1988)). The prior Town Assessor Amy Jorstad, used flawed and illegal assessment methodologies and violated NYS Real Property Tax Law; all of which violated principles of fair and equal taxation. The first independent appraisal at the time valued Costanza’s property at $30,000 less than its $200,000 assessment, prompting him to act, not only for his home, but for hundreds of other residents in the Town.

Costanza’s property was assessed in the 2023 Reassessment by Jorstad who used a “sales price” methodology, not a legal methodology that under NYS Real Property Tax Law. The Town’s own contractor ENPM, who performed the 2023 Reassessment property analysis, determining the assessed value of the property to be $176,000, although that figure was inflated due to incorrect condition factors. The illegal assessment of $200K was based on what Costanza paid for his home in 2022, bought by him “sight unseen” as he moved his family back to Irondequoit after his last military deployment thousands of miles away. For this purchase, he relied on fraudulent and negligent misrepresentation by the seller, the seller’s realtor, and realtor Erica Walther.  The home specifications and condition were clearly misrepresented to him causing Costanza to overpay by “tens of thousands of dollars” according to one of our experts consulted in this matter.

The illegal $200,000 assessment then caused Costanza to “overpay” school taxes in 2023 and town and county property taxes in 2024, that overpayment monies he never recouped.

In May 2024, Costanza consulted with the New York State Office of Real Property Western Regional Director, who confirmed that under NYS Real Property Tax Law, as the sole assessor, “you was responsible for correcting all assessments, including his own.” Costanza briefed the Irondequoit Town Board on the illegal 2023 Reassessment.  As part of this briefing, he outlined his plan to correct the many shortcomings inherent of the 2023 Reassessment. One of those corrections was to stop selective assessments, using his own home as one example. Costanza also outlined the rationale, and his intent, to make the correction to his own home.  He provided the independent licensed appraisal of his home and ENPM’s analysis.  The Town Board raised no objections, and Costanza proceeded to adjust the assessment of his property and other similarly situated properties to ensure compliance with constitutional standards and NYS Real Property Tax Law.

After two separate independent outside audits were conducted, John Perticone at the July 17, 2024 Board Meeting, for some irrational reason, brought a resolution for referral of the matter to an “outside ethics committee”, which was voted down by the Town Board. Despite this John Perticone at the meeting stated, “no one said he did anything illegal and he’s got to go to jail …”

In January 2025, Costanza resigned as assessor, citing the Town Board’s failure to adopt the comprehensive corrective measures he outlined for the illegal 2023 Reassessment. Recommendations by Costanza included full data collection, and use of legal and robust assessment methodologies. Costanza was also displeased with the Board’s failure to report to Town residents that Amy Jorstad had committed fraud in her attempt to illegally obtain state aid for costs associated with the 2023 Reassessment.

In February 2025, he announced his candidacy for Town Supervisor and Board member. Shortly thereafter, Costanza’s political opponent, John Perticone, began his politically motivated attempts to assassinate Costanza’s character and Perticone colluding with Scott Peters, with his ties to the District Attorney’s Office as an ex-investigator, ultimately pushed Sandra Doorley to investigate. A hasty “slipshod” investigation was begun in March 2025 by the DA. The matter was then brought before a Grand Jury that did not indict Costanza on charges.

In June 2025, by way of “Prosecutor’s Information”, Sandra Doorley charged Costanza with official misconduct under New York Penal Law § 195.00(1), conflict of interest under Irondequoit Town Code §§ 20-4 and 20-12, Subdivision 2, and use of municipal position for personal gain under §§ 20-6 and 20-12, Subdivision A, the second and third charges town code violations.

The July 2025 appraisal provides yet another piece of compelling evidence that Costanza’s actions were not only lawful but in the public’s interest. The new valuation of $142,800 demonstrates that his 2024 correction to $170,000 was, if anything, overly cautious, as it still overvalued his property by $27,200. This directly contradicts claims that he sought personal gain. The legal and authorized action of correction of an incorrect and illegal assessment resulting in a cessation of future overpayments of property tax is not personal gain.   Under New York law, official misconduct requires specific intent to obtain an improper benefit and a knowingly unauthorized act (People v. Feerick, 93 N.Y.2d 433 (1999)). Costanza’s transparency with the Town Board, reliance on independent appraisals, and guidance from the state director confirm he acted within his authority and in good faith to correct his own unconstitutional selective assessment.

Furthermore, as the sole assessor, recusal was impractical, a fact recognized in New York case law (Matter of Byer v. Town of Poestenkill, 232 A.D.2d 851 (3d Dep’t 1996)). The Town Board’s acquiescence and the absence of any objection at the time further support that his actions were authorized and appropriate. The charges also fail to establish a violation of Irondequoit Town Code, as Costanza’s corrections aligned with his duty to ensure fair assessments, not to secure unwarranted privileges (People v. Marra, 291 A.D.2d 187 (2d Dep’t 2002)).

The timing of the investigation—following Costanza’s candidacy announcement—raises serious concerns about political motivation. Courts have dismissed charges where selective prosecution undermines justice (People v. Garson, 6 N.Y.3d 604 (2006)). Costanza’s commitment to fair taxation and constitutional compliance should be commended, not penalized.

Costanza stated, “My only goal was to uphold the law and ensure fairness for all Irondequoit residents. The July 2025 independent licensed appraisal confirms that my actions were correct and necessary. These charges are a distraction from the real issues facing our town, issues that I plan to correct when elected.”

Costanza is preparing pre-trial motions to dismiss the charges, citing an insufficient charging instrument, the lack of evidence and legal merit, and the compelling evidence of his legal and good-faith actions.

In summary, we find the charges entirely unfounded based on DA’s investigative reports that are riddled with inaccuracies, outright fabrications, and a fundamental misunderstanding of the law.  Clearly this is a case of politically motivated prosecution, prosecutorial overreach and prosecutorial misconduct by not only the DA, but also by the party who motivated Sandra Doorly to act.  Tens if not hundreds of thousands of taxpayers’ dollars have already been wasted in what amounts to “a politically motivated character assassination of a decorated war veteran whose only intent is and was to help the residents of Irondequoit.”

For further question or for copies any of the information relied on in our investigation please contact us by email at: staff@gwatchdog.com

Town Board votes down John Perticone's rant for further investigations. He seems to have a personal vendetta against Anthony Costanza.