The contractor accused of scamming Superstorm Sandy victims faced a judge in Suffolk County Criminal Court Tuesday. 

News 12 has reported that Lee Moser, of Smithtown-based Capstone Remodeling, was hired to repair homes in the wake of Sandy. Homeowners in Suffolk and Nassau say Moser took thousands of dollars from them, then either didn't do or finish the work.

He was arrested last month and charged with felony grand larceny and fraud.

Judge Timothy Mazzei told Moser that "restitution is extremely important" in in any sort of settlement.  Moser's attorney told News 12, "Mr. Moser intends to repay all of the money that is owed."

That settlement only applies to the two homeowners involved in the criminal case, leaving other homeowners like David Ramroop, of Amityville, wondering what happens to them.

"It leaves the rest of us kind of screwed," said Ramroop. 

He says he signed a contract with Capstone to lift and renovate his Amityville home after Sandy. He says most of the work never got done. According to a letter he received from the district attorney's office, his case cannot be prosecuted. 

"I am out $85,000, give or take," Ramroop told News 12. 

News 12 is told allegations of fraud against Moser in Nassau County are still being investigated by the district attorney's office.