Developer gets conditional discharge in bribery case

Frank Esposito, the millionaire developer from Nissequogue who pleaded guilty to bribing a Smithtown town official to expedite work on a Nesconset home, has been sentenced to a conditional discharge, contingent on his continued cooperation with the prosecutor's office, according to the Suffolk County district attorney's office.

Esposito's attorney, James O'Rourke of Hauppauge, confirmed last week's sentencing, adding that the discharge was for three years, and that "like any good citizen, we are always open to cooperation." Esposito, 64, forfeited any profits he made on the house, and will maintain his civil privileges, such as voting, although he was convicted of a felony.

Still awaiting sentencing is Robert Fitzpatrick of Bayport, who was Esposito's partner on the house project. Both Esposito and Fitzpatrick pleaded guilty to giving former town Building Department director Robert Bonerba "several thousand dollars" to expedite the work. Fitzpatrick's next court date is Oct. 14.

Bonerba, of Smithtown, who pleaded guilty to receiving the bribes, was sentenced on Aug. 27 to two years in jail for taking money from both Esposito and Fitzpatrick. He also pleaded guilty to two more bribery counts from two other builders, but those builders were not charged.