Judge James Matthews

Sieger Agency moved for dismissal of the charge of violating Brookhaven Town Code §85-12A for listing a rental property for which a current rental permit was not issued by the Chief Building Inspector, despite the broker's duty to verify the existence of such permit before acting on an owner's behalf. It claimed the accusatory instrument was facially insufficient, violated free speech, and was unconstitutional. The court disagreed, finding the code was not an unreasonable restraint on speech prohibited under either the state or federal constitutions. It noted Sieger failed to rebut the strong presumption of constitutionality of the pending charge. Also, the court ruled §85-12A served a larger governmental purpose, advancing a substantial governmental interest, and was a reasonable regulation governing the dissemination of commercial activity. Further, the accusatory instrument was facially sufficient as the factual circumstances in the information showed the existence of a prima facie case against Sieger and factual allegations were sufficiently detailed to allow it to prepare a defense and not be prosecuted for the same offense twice. Finally, the court concluded §85-12A was not preempted by New York State law, denying defendant's motion to dismiss.