2016-620 S CR. THE PEOPLE v. LIVANT, DYCK — Appeal from three judgments of the District Court of Suffolk County, Fifth District (Vincent J. Martorana, J.), rendered February 10, 2016. The judgments convicted defendant, after a nonjury trial, of maintaining an alteration at his premises without obtaining a permit, of creating an accessory apartment at his premises without obtaining an accessory apartment permit and a certificate of occupancy, and of storage of an unregistered motor vehicle at his premises, respectively.
ORDERED that the judgments of conviction are affirmed. Insofar as is relevant to this appeal, defendant was charged in an information with violating Code of the Town of Islip (Code) §68-23 (A). The code inspector of the Town of Islip (the Town) alleged on personal knowledge that, as the owner of the premises located at 77 New Hampshire Avenue, Bay Shore, N.Y. (the premises), defendant had allowed and maintained alterations to the premises, “in that gas piping, connected to a propane bottle ha[d] been constructed” and no permit had been issued by the Town for such an alteration. In a second information, defendant was charged with violating Code §68-602. The Town’s code inspector alleged on personal knowledge that, as the owner of the premises, defendant had “created” an accessory apartment on the second floor of the one-family dwelling at the premises, “consisting of three key locked rooms, a bathroom which consisted of a toilet, sink and tub, one bedroom, a kitchen consisting of a black colored electric stove/oven, a white colored refrigerator, a white colored sink, white and wood colored cabinets, a silver colored microwave, and table and chairs, without there having been issued a permit from the Board of Zoning Appeals and a certificate of occupancy issued by the Building Department.” In a third information, defendant was charged with violating Code §68-420. The Town’s code inspector alleged on personal knowledge that defendant, as the owner of the premises, “[had stored] outdoors an unregistered, black colored, Suzuki, sport utility vehicle located in the driveway of the east side of the main dwelling without license plates attached…. The black colored Suzuki, sidekick was observed in the driveway on 03/09/2015 at 12:35PM and on 03/11/15 at 10:10AM. This property is located in a residence ‘AA’ Zoning District. Such outdoor storage is prohibited in residence ‘AA’ zoning district.”
