Thursday, October 1, 2026
A civil lawsuit filed by a former Wantagh Fire Department medic who accused two former department leaders of sexually assaulting her at a firehouse has been settled, bringing more than three years of litigation to a close.
The settlement in the Nassau County Supreme Court case was filed July 9, according to court records. The terms of the agreement were sealed, leaving the amount and other conditions of the settlement unavailable to the public.
The case was brought in January 2023 by Amanda Gross, who sued former Wantagh Fire Department Chief Kenneth Kelly Jr., former Engine 7 Capt. Josef Seier, the Wantagh Fire Department and the Wantagh Fire District. Court records identify the case as an intentional tort action involving allegations of assault and battery.
Gross alleged that Kelly and Seier sexually assaulted her after a birthday gathering for Seier at the Wantagh Fire Department in January 2022.
According to the lawsuit, Gross was a volunteer medic with the department and had been drinking during the gathering. She alleged that Kelly and Seier encouraged her to consume alcohol and later sexually assaulted her after other people had left the firehouse.
The lawsuit also alleged that Kelly sent Gross a text message the following morning that read, “Had fun last night. But remember, that’s between you me and Joe only forever.”
The lawsuit became a legal battle not only over the alleged conduct of Kelly and Seier, but also over the fire department and fire district's involvement.
In 2024, the Herald reported on the defendants' efforts to have the case dismissed and Gross' opposition to that effort. A judge ultimately allowed the case to continue against the fire department and fire district.
The case remained active through this year before the settlement was reached. Court records show the matter continued through multiple conferences, discovery proceedings and other filings before the settlement.
Gross' attorney, Vess Mitev, said his client is satisfied that the litigation has ended, although he declined to discuss the terms because of the settlement's confidentiality provision.
“Here there is a confidentiality provision,” Mitev said. “And until, and if that's set aside, I can't comment on it.”
He added that Gross is “happy to have put this behind her.”
“Obviously she and I believed in the case, which is why we took it and why it resulted in a settlement,” Mitev said.
The judge sealed the terms of the agreement. The settlement also closes a case that had brought significant scrutiny to the volunteer fire department and its handling of the allegations.
All three former department members — Gross, Kelly and Seier — are no longer involved with the Wantagh Fire Department. Kelly and Seier were removed from the department after they declined to cooperate with an internal investigation into the allegations.
The civil case did not result in a criminal conviction against Kelly or Seier. The allegations contained in Gross' lawsuit were civil claims and were never decided by a jury or judge after a trial.
The case's resolution therefore leaves the specific terms of the agreement private while ending the legal dispute that began with Gross' filing more than three years ago.
For Gross, Mitev said, the settlement provides an opportunity to move forward.
“Civil lawsuits in our system are a way to resolve disputes between parties, civilly,” Mitev said, noting that settlements frequently include confidentiality provisions.
While the financial terms remain sealed, the settlement marks the final chapter in the civil lawsuit stemming from the January 2022 incident at the firehouse. The Wantagh Fire District did not immediately provide additional comment on the settlement.
