656C N. Wellwood Avenue
Lindenhurst, New York 11757

Phone:  631-376-2110
             631-661-7015

Fax: 631-376-2148

Email: paulcolham@aol.com
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Some of Our Many Coalition Success Stories

THE FOLLOWING is a partial list of Successful
CHALLENGES RAISED and won BY THE
COALITION AND ITS MEMBERS
.

The majority of the people listed below became Coalition members after they were fined and abused. It happens too often! Don’t wait for it to happen to you! Don’t wait for a reason to join the fight!

Join NOW, be informed and save money! Don’t let municipalities put fear into you!

Forewarned is forearmed!

Knowledge is power!
 

Coalition Member Receives $2,250.00 in fines REFUNDED!

Another Judge recuses Himself !!
!

Article 78 Success (April 15, 2006)


October 16, 2014 - The People of the State of New York charged a coalition member with six charges in violation of Town of Islip Code. Count 1 charged the defendant with violating Town of Islip code 68-25 (B1). Counts 2 & 3 charged the defendant with violating Town of Islip code 68-650 (A) and count 6 charged the defendant with violating 68-386 (A). An omnibus motion was put in and Counts 1, 2, 3, and 6 were dismissed by the court and upon consent of The People.

 

October 16 2014 – The People of the State of New York charged the defendant with 4 counts of violating Islip Town Code 68-650(A), not having obtained a valid rental occupancy permit. It was ordered by the court that all 4 counts were dismissed because the accusatory instruments were legally insufficient.

 

October 14, 2014 - A Coalition member filed a suit against the Incorporated Village of Lindenhurst, and others which sought injunctive relief and damages based upon causes of action for public taking of private property without just compensation, violation of Claimant’s due process rights to notice and a hearing, trespass, trespass to chattel, harassment, negligent supervision of personnel, intentional infliction of emotional distress, violation of Claimant’s rights, including but not limited to those guaranteed to the Claimant under the Fourth, Fifth, and Fourteenth Amendments of the U.S. Constitution and 42 USC §1983, §1985 and §1988. A Notice of Claim in this matter was served on defendants on August 16, 2011 and this claim had not been settled, paid or adjusted. The amount claimed exceeded the jurisdiction of all lower courts.

After which, the Plaintiff filed a motion to hold the defendants, The Incorporated Village of Lindenhurst, in default for not answering the complaint. It was ordered that the motion by the plaintiffs for an order pursuant to CPLR 3215 permitting entry of a default judgment is granted in an amount to be determined after inquest on damages; and, it was further ordered that the cross motion by defendants which seeks an order pursuant to CPLR 3012 (d) extending their time to submit a notice of appearance and demand for complaint is denied. Accordingly, plaintiffs' motion for the entry of a default judgment is granted and an inquest on damages will be scheduled after the filing of a note of issue. The defendants' motion for an extension of time to appear and demand a complaint was denied.

 

July 9, 2014 – People of the State of New York charged the defendant with three violations of the Code of the Town of Oyster Bay. He was arraigned on said charges on October 11, 2013. On November 12, 2013, a superseding information was filed, and on March 31, 2014 the defendant was arraigned on those three charges, Specifically, the defendant was charged in: count IV with violating §93-15A (Building Permits when Required); count V with violating §246-14.7.3 (Zoning Enforcement and Administration); and count VI with violating §246-8.4.1 (Off-Street Parking and Loading Grading and Drainage). The charges stem from observations allegedly made on July 2, 2013, by a Code Enforcement Inspector. The defendant put in a motion to dismiss the information as facially insufficient and defective for failing to set forth non-hearsay allegations as to the defendant’s ownership of the subject premises. The defendant’s motion to dismiss the information was granted because although the Code Enforcement Inspector asserted that the defendant is the owner of the subject premises, no such proof whatsoever was, in fact, attached to the accusatory instrument to support this assertion. As such, the information failed to provide non-hearsay allegations as to the defendant’s ownership of the property and, therefore was facially insufficient. The case was therefore dismissed.

 

May 7, 2014 - In May 2009, the People of the State of New York charged the defendant with 10 violations of North Hempstead Town Code. An appeal was put in and it was ordered that the judgment on conviction was modified by vacating the conviction of failing to file a rental registration form and by providing that the count of the accusatory instrument charging that offense is dismissed and that the fine imposed thereon, if paid, is remitted; as so modified, the judgment of conviction is affirmed.

 

May 7 2014 - The People of the state of New York charged the defendant, after a nun jury trial, to file a registration form. An appeal from this judgment was put in. It was ordered that the judgment of conviction be modified by vacating the conviction of failing to file a rental registration form and by providing that the count of the accusatory instrument charging that offense is dismissed and that the fine imposed thereon, if paid, is remitted; as so modified, the judgment of conviction is affirmed.

 

April 16, 2014 - Town of Babylon brought charges upon a Coalition member. A motion to strike Town of Babylon's complaint, or in the alternative, to compel discovery by the Town of Babylon's motion was filed. The motion to compel discovery was granted to the extent that within twenty (20) calendar days from the date of mailing of the order by the court that the plaintiff was directed to conduct a search of its computer records to determine the existence of a record and/or file of the zoning inspector's visits to the premises.

 

April 16, 2014 - (Same member/situation as listed above. Different case/docket number) - Town of Babylon brought charges upon a Coalition member. A motion to strike Town of Babylon's complaint, or in the alternative, to compel discovery by the Town of Babylon's motion was filed. The motion to compel discovery was granted to the extent that within twenty (20) calendar days from the date of mailing of the order by the court that the plaintiff was directed to conduct a search of its computer records to determine the existence of a record and/or file of the zoning inspector's visits to the premises.

 

April 15, 2014 - People of the State of New York charged a man with one count of Maintaining Construction Without Permits (Section 86-9[A][1] of the Town Code of Hempstead), allegedly committed on April 10 2013. A motion was put in to dismiss the case based on the fact that the information as to the defendant’s ownership of the subject premises was facially insufficient and defective for failing to set forth non-hearsay allegations. The motion was granted and the case was dismissed.

 

April 15, 2014 - People of the State of New York, Town of Hempstead brought charges of one count of Maintaining Construction Without Permits. The alleged charges were dismissed because the information provided failed to provide non-hearsay allegations as to the defendant's ownership of the property, and therefore, were factually insufficient.

 

March 27, 2014 - The People of the State of New York brought charges upon a coalition member for menacing. The Defendant requested a Sandoval/Molineux/Ventimiglia hearing, which was granted and was held pursuant to CPL 340.43 prior to trial. An affidavit was submitted from the complainant, retracting charges. The menacing charges were reduced to a violation and the case was resolved in a satisfactory manner for the Coalition Member.

 

March 25, 2014 - (Same member/situation as listed above. Different case/docket number) - The People of the State of New York brought charges upon a coalition member for menacing. The Defendant requested a Sandoval/Molineux/Ventimiglia hearing, which was granted and was held pursuant to CPL 340.43 prior to trial. An affidavit was submitted from the complainant, retracting charges. The menacing charges were reduced to a violation and the case was resolved in a satisfactory manner for the Coalition Member.



Archived Success Stories