A Smithtown contractor pleaded guilty to a felony bribery charge on Monday -- the second person to admit guilt and agree to cooperate in a widening buildings department corruption probe that has rocked town government.

Robert Fitzpatrick, 55, of Bayport, pleaded guilty to third-degree bribery before Suffolk County Court Judge Martin Efman. He was released on his own recognizance pending sentencing on July 14.

As part of a plea deal, Fitzpatrick faces a maximum of 1 to 3 years in prison, or as little as no jail time at all.

Prosecutor Kevin Ward said Fitzpatrick admitted to offering a $5,000 bribe to then-chief buildings inspector Robert Bonerba in March 2003 in connection with a house Ward was building for Smithtown developer Frank Esposito.

Ward said Fitzpatrick lied on building permits for the developer's house to save money on permit fees and avoid a higher tax liability.

Rocking back and forth in brown loafers and with his hands folded neatly in front of his blue sport coat, Fitzpatrick said only "yes" and "no" before the judge.

Earlier this month, Esposito, of Nissequogue, pleaded guilty to giving Bonerba a $10,000 bribe. Ward said in court Monday that Fitzpatrick and Esposito evenly contributed $5,000 toward the bribe. Bonerba has not been charged in the case.

Also as part of his plea deal, Fitzpatrick agreed to pay the town $50,000 -- money prosecutors say he gained illegally in the project.

Fitzpatrick now joins Esposito in helping prosecutors understand the depth of town corruption.

"The defendant has entered into a cooperation agreement with the district attorney's office," Ward said in court.

Outside the courtroom, Ward said only, "We are going to follow the evidence wherever it leads us. This investigation is active and ongoing. It encompasses both the town building's department and the rest of town government."

Suffolk County District Attorney Thomas Spota has been investigating the buildings department for two years.

Asked by reporters about his cooperation, Fitzpatrick, said only "Not at this time." His attorney, Fred Schwartz, of Smithtown, also declined to comment.

Bonerba was suspended by the town in December 2006 for failing to properly fill out his financial disclosure statements. Before a hearing could be held to weigh his termination, he retired on a state pension of $31,871.

Bonerba could not immediately be reached for comment.

Jonathan Stoler has joined the New York office of Sheppard MullinRichter & Hampton LLP as a partner in the firm's Labor and Employmentpractice group, which was recognized by the Legal 500 in 2007 as among the bestin the United States.  Stoler will serveas head of the firm’s labor and employment practice in New York.  He most recently practiced as a partner inthe New York office of Heller Ehrman, where he co-chaired the office’s hiringcommittee.

Stoler is an accomplishedlitigator and counselor whose practice encompasses a wide range of labor andemployment matters, including the defense of single plaintiff and class actiondiscrimination, wrongful discharge and wage/hour claims, in addition toemployment contract, non-competition, whistleblower, sexual harassment andrelated claims.  He regularly representsclients in labor and employment litigations in federal and state courts, inarbitrations before the American Arbitration Association and the FinancialIndustry Regulation Authority, and in proceedings before various administrativeagencies, including the Equal Employment Opportunity Commission, the U.S.Department of Labor and state agencies throughout the United States.  Stoler also represents clients in collectivebargaining negotiations, labor arbitrations and all stages of the laborelection process, including election campaigns and hearings before the NationalLabor Relations Board.

Stoler regularly counselsboth domestic and international clients regarding the preparation andadministration of personnel policies and provides advice to clients regardingreductions-in-force, discipline and discharge, employee disability and leavesof absence issues.  Stoler also advisesmanagement on union avoidance strategies, the labor aspects of mergers andacquisitions and the extraterritorial application of U.S. laws.

In 2007, Stoler wasindividually recognized by the Legal 500 as among the best labor lawyers in theU.S.

"With Jonathan joiningus and leading the New York employment practice, we continue to grow signaturegroups like Labor and Employment and expand national capabilities to betterserve client needs on both coasts.  OurNew York office continues to grow in breadth and depth, and Jonathan's strongemployment litigation background is an excellent addition," said GuyHalgren, chairman of the firm. 

Commented Stoler, "I am excited to grow the firm's New Yorkemployment practice and add to the firm’s already formidable capabilities onthe East Coast.  With a nationalreputation as a preeminent Labor and Employment group, Sheppard Mullin offers astrong platform for my practice." 

Stoler received a J.D. fromBrooklyn Law School in 1995 and a B.A. from SUNY Buffalo in 1991. 

Sheppard Mullin has more than40 attorneys based in its New York office. The firm's Labor and Employment practice group includes close to 70attorneys firmwide.

About Sheppard Mullin Richter &Hampton LLP

Sheppard Mullin is a full service AmLaw 100 firm with more than 520attorneys in 11 offices located throughout California and in New York,Washington, D.C. and Shanghai.  Thefirm's California offices are located in Los Angeles, Century City, SanFrancisco, Silicon Valley, Orange County, Santa Barbara, San Diego and Del MarHeights.  Foundedin 1927 on the principle that the firm would succeed only if its attorneysdelivered prompt, high quality and cost-effective legal services, SheppardMullin provides legal counsel to U.S. and international clients.  Companies turn toSheppard Mullin to handle a full range of corporate and technology matters,high stakes litigation and complex financial transactions.  In the U.S., the firm's clients include morethan half of the Fortune 100 companies.  Formore information, please visit www.sheppardmullin.com.

The idea to suspend the 18.4 cent federal gas tax and 24.4 cent diesel tax from Memorial Day to Labor Day was first proposed by McCain, the likely Republican presidential nominee, as a way to ease the economic burden for consumers during the summer.

Obama does not support the "gas tax holiday" and has said the average motorist would not benefit significantly from such a suspension; by some estimates, the federal government would lose about $10 billion in revenue.

"My opponent, Senator Obama, opposes giving consumers a break," Clinton said, campaigning in North Carolina. "I understand the American people need some relief."

Clinton said she would make up the difference in revenue by imposing a "windfall profits tax" on oil companies.

"If we suspended it and made up the lost revenues, that's the best of both worlds," she said.

Clinton commented at a firehouse in Graham, where she was urging North Carolinians to take advantage of the state's early voting, which opened more than a week ago ahead of the May 6 primary.

She and Obama have been pushing their supporters to go to the polls early here and Indiana, which also votes May 6. Obama is favored in North Carolina while the two are competing closely in Indiana.

Besides her push for early voting, Clinton was to spend part of the day raising money. She and daughter Chelsea were to appear at a closed-door fundraiser in Greensboro, with two more fundraisers scheduled later in Charlotte.

Obama also planned campaign appearances in the state, with events in Wilmington, Wilson and Chapel Hill.

Lawyers for defendant Brian Nichols said in court papers earlier this week that Superior Court Judge James Bodiford was quoted in a newspaper article four days after the March 11, 2005, shootings saying that he was friends with the judge killed in the rampage.

The article also said Bodiford released a statement at the time that described the death of Judge Rowland Barnes as a "brutal murder."

Nichols' lawyers questioned Bodiford's ability to be impartial, and asked that he step down.

Bodiford said at a hearing Thursday that he doesn't believe he should step down. But he said it's a good idea to let another judge review the issue.

Bodiford is serving on the Nichols case in place of a previous judge who stepped down from the case in late January after he was quoted in a magazine article saying of Nichols that "everyone in the world knows he did it."

Nichols' murder trial for the killings of four people resumes July 10.

James Battista told a judge in federal court in Brooklyn he hatched a scheme in late 2006 with another old friend of Donaghy, Thomas Martino, to pay the referee thousands of dollars for the information while Battista was "engaged in the business of sports betting."

Battista's lawyer had notified the court last week that his client wanted to go to trial rather than plead guilty to charges of defrauding the NBA, as Martino did earlier this month. But he changed his mind after prosecutors offered a last-minute deal allowing him to instead plead guilty to a lesser charge of conspiring to make illegal bets, said the lawyer, Jack McMahon.

"He's a gambler, and he bet," McMahon said. "We never really contested that."

The deal spares Donaghy from having to testify as the government's star witness at a high-profile federal trial. It also means Battista, 42, will face only 10 to 16 months in prison at sentencing on July 11. By contrast, Martino faces 12 to 18 months.

Donaghy, of Bradenton, Fla., pleaded guilty last year to charges he conspired to engage in wire fraud and transmitted betting information through interstate commerce.

The referee said he made NBA bets for four years, even wagering on games he worked. He also admitted recommending bets to high-stakes gamblers and collecting $5,000 if his picks hit.

Donaghy, 41, is scheduled to be sentenced May 22. By law, he faces up to 25 years in prison, though the term could be much lower under sentencing guidelines.

The three men attended high school together in Springfield, Pa