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Judge hands down decision in Glaser motion Amityville Village Justice Debra Ann Urbano- DiSalvo has made a decision that a motion by the attorney for a homeowner charged with having an illegal multifamily residence should be denied. The motion was made by Douglas Durnin, Esq., of Massapequa on behalf of his client Mary Glaser, the owner of property at 51 Berger Avenue. The Village is charging that the single-family home is being used as a multi-family dwelling, and is the first case in which the Village, under a recently approved law, obtained a warrant to definitively establish that violations existed there. Durnin maintained that the case should be dropped because the Village Building Inspector, who issued the summonses, based his allegations on Village records for which he was not an official custodian. In addition, he said the Village did not provide his client with adequate discovery of the facts in the case. In her decision dated Jan. 25, Judge DiSalvo found that since the charges are violations, under the People v Guargini, 1989, "the defendant is not legally entitled to discovery." "Nevertheless, the People contend that they have provided responses to the discovery demanded," said Judge DiSalvo. "Accordingly this court finds...that the accusatory instruments provide sufficient details to apprise the defendant of the charges against her." Glenn T. Nugent, Esq., the Village Prosecutor, said the decision means that the case will now move forward and that he is looking for a disposition, either through an agreement or a trial, if necessary. "We were waiting for the Judge to rule on this motion, and now that we have that decision, we can push the matter along," said Nugent.
Durnin did not return phone calls for comment on the decision.
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