The federal lawsuit brought against the Amityville Village Board of Trustees and the Amityville Police Department by the owners of Punta Roca bar has been withdrawn. Attorneys for the Village said the decision was made because the plaintiff recognized after depositions were taken that he had no case. The attorney for the plaintiffs, however, said his clients made the decision because they had no money.

“My client continues to believe he had a strong case but he could not compete with the resources of the Village and its insurance company,” said Carl Sandel of Campanelli and Associates of Garden City.

“After we took the depositions, I contend that the plaintiff ’s lawyers were convinced at that point that they had no case,” said Rob Folks of Rob Folks Assoc., LLP of Melville, who represented Mayor Peter T. Imbert in the case.

The plaintiff, Misael Guardado, who emigrated from El Savador and owned the Punta Roca, at 528-30 Broadway, Amityville, filed a discrimination case in Federal Court in December, 2008. He charged that Village officials discriminated against him when they refused to grant him the necessary approvals to run his business. The board had declined his application for a cabaret license in February of that year, saying that he ran a disorderly premise and had numerous disturbances there. Mayor Peter Imbert told Guardado at the time to continue to run his business in a more orderly fashion for six months and then reapply to the Village for his cabaret license.

Following that, however, the Amityville Police Department filed a complaint about the bar with the New York State Liquor Authority (SLA), which revoked Guardado’s license to operate. Imbert said at the time that the SLA’s actions confirmed the Village’s concerns about the establishment.

The case in federal court came before Justice Sandra J. Feuerstein, who signed off on the plaintiff ’s decision to withdraw the case, with prejudice.

“This shows that we did nothing wrong,” said Mayor Peter T. Imbert. “We are completely vindicated.

“What this means is that the Village does not have to pay for unfair and baseless lawsuits and I think that it also means that plaintiffs should think long and hard before they make any kind of claims particularly where there is no basis at all,” said Folks.

Folks said Village officials considered countersuing the plaintiff for bringing the lawsuit against them but decided not to proceed with that because he had no assets.

Village Trustees, Det. Bruce Pescitelli and the Amityville Police Department were represented by Carl S. Sandel of Morris Duffy Alonso & Faley, Manhattan, who said he would not conjecture as to why the plaintiff decided to withdraw the case. “The fact is that there was no settlement, no agreement and nothing that we gave to them. The case was withdrawn, with prejudice, which means they cannot bring it up again.”

Costs for the case to date are paid by the Village’s insurance carrier.

In other business:

•The Village continues to clean up following the storm March 14. Fallen and damaged trees are being picked up by the highway department and put through the chipper. Most of the work has already been done, said the Mayor, who thanked the Highway Department crews for their response.

•The cupola has been placed on the Gazebo at the Nautical Park;

•The Village’s organizational meeting will be held Mon., April 5. A budget hearing will be held Mon., April 12 and the budget will be adopted Mon., April 26.

Watch the Record for more details on the budget.