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Levy, the son of TV's Judge Judy, is seeking another $50,000 from Smith, claiming he violated the terms of their settlement agreement.
Smith originally settled his lawsuit with Levy after Smith apologized for saying Levy publicly interfered in his investigation of Levy's personal trainer Alexander Hossu for raping a 13-year-old girl and agreed to pay him $150,000.
Hossu was later charged and acquitted. Smith also said Hossu lived with Levy and that Levy should be investigated for harboring an illegal alien. Smith retracted those statements in a letter posted on the Putnam County Sheriff's Department website. Hossu is also suing the county.
Smith agreed to personally contribute $25,000 to settle the lawsuit, while the Putnam County legislator voted to pay $125,000.
Levy is now saying Smith and his lawyer have contradicted statements Smith made in his written apology by claiming Smith didn't know his statements about Levy were untrue until after he issued his statements, according to LoHud.
"These public statements undercut Smith's retraction and explicit admission that he should not have made the statements he made," Michael Sussman, Levy's lawyer, said in a motion filed last week. "Suggesting that those statements had a factual basis when made and that Mr. Smith only voluntarily retracted them when faced with contrary evidence undermines the apology."
Adam Kleinberg, Smith's attorney, told LoHud, he believes the motion was timed right before Election Day. Smith, who has been sheriff since 2002, is running a hotly contested campaign against Robert Langley.
Kleinberg also said Smith did not violate the settlement agreement, according to LoHud.
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