Potential candidate for Legislature from Le Roy had legal trouble in Georgia

Dr. George Robert Vito, of Le Roy, is apparently considering his options after the Genesee County Conservative Party withdrew its endorsement of him for the County Legislature District #5 seat, citing "legal issues."

The Batavian has located multiple court documents in Georgia, New York, and at the federal level that detail a number of "legal issues."

These are issues he reportedly neglected to mention to Conservative Party members before they voted to endorse him.

Vito served a year in federal prison, from June 4, 2014, to May 13, 2015, plus three years on probation on a bankruptcy fraud conviction in Georgia (original indictment).

He was also sued by Jay Otero in Macon, Ga., for a leg-lengthening surgery that left Otero confined to a wheelchair for three years before he was able to walk with crutches, according to a court document. 

Vito has also been involved in other lawsuits, as a defendant and plaintiff, in both Georgia and New York.

The Batavian learned Vito shared some details of his history in Georgia during this week’s county GOP committee meeting. 

The Batavian attempted to talk with Vito about his professional history on Thursday, but he declined to answer questions until after meeting with Le Roy's Republican leadership.

After learning from Committee Chairman Andrew Lathan later Thursday that they hadn’t talked yet and had no meeting set up, The Batavian tried again. Vito said, “At this point, Andrew Lathan and I are in discussions.”

“We’re not discussing it with anybody how we’re going to handle the situation, so everything is still up in the air,” he said. “That’s just our comment at the present time. You know, what happened the other night was unexpected, and we’re just seeing how we’re going to play the cards. That’s all.”

The Batavian asked if he would respond to what he revealed at the county Republican meeting. “No,” he said.

On Friday morning, The Batavian again contacted Vito and informed him The Batavian had prepared a story about his legal issues. He said he would only respond to our request for comment if we agreed to publish a statement from him in full. 

Here is his statement:

Any legal issues I have had are personal in nature and clearly posted on the internet. I have no doubt they will be used on your website to create a salacious article to remove any support I have for the legislative spot. I was upfront and truthful when I spoke to the county Republicans prior to the vote. I openly stated that I had a bankruptcy-related felony charge and that I served my punishment. Even after the committee was informed by me of my past legal issues, (Shelley) Stein could not get the endorsement and was losing votes every time they took a new vote.

 

I will have a sit-down interview with the Video News Service early next week. Interested voters in Le Roy can look for that story and decide for themselves.

 

I am moving forward and will not announce any decisions or changes until late March or early April.

Vito is a podiatrist who is originally from Rochester. According to his social media page, he attended Corning Community College, SUNY Cortland, Des Moines University, University of Phoenix, Utica College and Purdue Global Law School. 

His medical training includes a degree from the Des Moines University of Osteopathic Medicine and Health Sciences and a surgical residency at Emory Northlake Regional Medical Center Residency in Tucker, Ga.

Vito has a long list of professional credentials and accolades, according to his resume. It also indicates some connections to Georgia, though he doesn't list his time in practice in that state.

He has operated practices in Buffalo, Georgia, North Carolina, Hewlett, Amherst, Batavia, and elsewhere, and currently lives and has an office in Le Roy.

Jay Otero filed his action against Vito on July 7, 2004. He alleged negligence, unlawful practice of medicine, fraud and misrepresentation, and professional malpractice.

Otero, according to court documents, underwent cosmetic leg-lengthening surgery in August 2002. Otero signed consent forms and paid Dr. Vito approximately $53,000 to perform the surgery. The procedure was estimated to increase Otero’s height (5ʹ1ʺ) by one to three inches. 

Following the surgery by Vito, Otero sought a second opinion from Dr. Dror Paley, who began treating Otero for "bilateral nonunions of the proximal tibiae with severe greater than 45-degree valgus procurvatum deformities of both tibiae," according to court documents.

In simpler terms, this describes a condition where both legs have unhealed breaks near the knees, causing the lower legs to bend outward and forward at a severe angle (more than 45 degrees).

Dr. Paley planned a course of treatment to correct Otero’s deformities. 

In November 2006, while under Dr. Paley’s care, Otero suffered an excruciatingly painful stress fracture that resulted in a complete fracture through his right femur. 

According to the 2007 court document (Order on Motion for Default Judgement), Otero’s condition "improved somewhat since his August 2002 surgery. He remains under Dr. Paley’s care and supervision."

The default judgment order states, "Dr. Vito’s liability for his negligence and unauthorized practice of medicine has already been established by the Court’s prior rulings, and the Defendants’ Georgia RICO and punitive damages liability was well-pleaded in the Second Amended Complaint, and thereafter established by the entry of default against them.”

The court ordered:

• Special damages in the amount of $721,989.24;
• Treble actual damages in the amount of $1.5 million ($ 500,000 base award);
• Punitive damages in the amount of $150,000; and
• Attorneys’ expenses in the amount of $155,000.

As part of the same case, in an Order on Motion for Summary Judgment (Sept. 9, 2009), the court also found that Vito undertook a strategy to create various corporate and business entities, which are listed in the document "as part of an elaborate scheme to evade liabilities to judgment creditors such as the Plaintiff in this case."

The court stated that Vito admitted that "he created and controlled the various entities so that he could protect his assets from collection while maintaining control over and access to those assets."

According to the court, Vito included his brothers, Richard C. Vito and John A. Vito, and his father, George A. Vito, all three also from Rochester, as official owners, shareholders, and officers of all the entities.

Richard Vito and John Vito both testified that they had no knowledge of or involvement in the affairs of these entities but that they agreed to participate as owners or officers of the various entities at the direction of their brother.

The order states:

The court found that Vito's transfers to these various entities was fraudulent, with the intent to hide assets from creditors, including Otero. By weaving a complex web of trusts, corporations, and limited liability companies, by channeling his income through numerous accounts in numerous names, by transferring his property to alter egos, by encumbering his property and income stream with various obligations, and by refusing to cooperate in the discovery of his assets, Dr. Vito fashioned a daunting challenge for his creditors. Overcoming that challenge has required more than two years of arduous, expensive litigation by a very determined Plaintiff, the appointment of a special master and a receiver, the incarceration of Dr. Vito, and considerable time and effort on the part of this Court and its staff. To this day, it cannot be said that the web is completely untangled or that the hurdles have all been removed. Enough is known, however, to warrant summary judgment in the case.

As a result, the court ordered that funds currently held by the receiver in the bankruptcy on behalf of the Vito entities be considered assets of the Vito estate.

This evidence is apparently what led to the federal bankruptcy fraud indictment.

Georgia court records also indicate that Vito was sued by Sabih Kalidy, who alleged medical malpractice by Vito when he experienced complications after Vito had performed leg lengthening surgery. The case was apparently settled, but the actual case documents are not online. The Batavian only knows about it because Vito subsequently sued Dror Paley, alleging defamation via an affidavit Paley made in the case. That case was dismissed. 

Also stemming from Kalidy's case, Vito sued attorney Mark Inman. Inman then took on another client who underwent the same procedure and began making phone calls to gather more information to support the case. He left phone messages for the person he called and Vito learned of those messages. He sued Inman and Inman's law firm alleging slander, tortious interference with business relations, and misappropriation of trade secrets. An appeals court decided in Inman's favor.

Closer to home, Legacy Medical Consultants, based in Fort Worth, filed a complaint against Vito and Ankle and Foot Centers of Western New York on June 28. The case is still pending, with the most recent action in the case, notice of discovery, on Jan. 31. 

Legacy alleges that Vito failed to pay more than $13.5 million for products received by his practice beginning in July 7, 2022.

"Despite the plain language of the Agreement, Dr. Vito has failed to make numerous payments owed to Legacy for Products he received," the complaint alleges.

It alleges Vito has failed to make at least 151 payments.

In the complaint, Legacy describes its business:

Legacy is an integrated marketer of proprietary regenerative biomaterial products processed from human amniotic membrane and other birth tissues. Among other things, Legacy markets amniotic tissue grafts, which are intended to assist in the treatment of external, chronic or non-healing wounds by providing coverage and protection. Legacy markets its products to doctors all over the country.

Legacy alleges Vito entered into an agreement with Legacy in November 2021 to purchase "human cell and tissue products for Dr. Vito to administer to patients as medically necessary” and that he subsequently placed orders with Legacy.

In an answer filed on Aug. 7, 2024, Vito denies all the allegations raised in the suit.

As for Vito’s next political step, “it is up to him,” Le Roy Republican Committee Chairman Andrew Lathan said. 

It was too late for Vito to appear before the committee by the time he notified Lathan of his interest, and the endorsement window is now closed, the chairman said. 

“He will need to get the required signatures for an upcoming primary. He has made no indication to me of his decision,” Lathan said Thursday evening. “It is important to note that the political process is alive and well for the 5th Legislative District; the door is now open for any Republican in Le Roy to get signatures and get on the ballot.

“I plead home rule to the GCRC, where the voters of Le Roy truly get to pick their representation at the county level, not to get force-fed an incumbent candidate, and my fellow Republicans of the GCRC delivered,” he said. “This is going to be a long process; nothing is going to be settled on social media. Keyboard warriors should stay stretched and well-hydrated. I hope it is an honest and fair process.”

Howard Owens contributed to this article.