Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

People v. Levin

Information Fails to Allege Notice to Remedy Served; Code Violation Conviction Reversed

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION & ORDER

*1  Appeal from a judgment of the Justice Court of the Village of Laurel Hollow, Nassau County (Joseph D’Elia, J.), rendered October 7, 2015. The judgment convicted defendant, after a nonjury trial, of violating sections 302.5, 303.3, 305.1 (three counts), 307.1, 505.1, 605.1, and 704.1 of the New York State Property Maintenance Code.PER CURIAMORDERED that the judgment of conviction is reversed, on the law, and the accusatory instrument is dismissed.Defendant allegedly owns a residence in the Village of Laurel Hollow, Nassau County. On July 21, 2014, Jeffrey A. Hartman, the Superintendent of the Building Department and the code enforcement official for the Village at the time, applied to the Justice Court for an “Administrative Inspection Warrant.” Mr. Hartman indicated therein, among other things, that, based on various complaints that had been received regarding the property, several visual inspections of the property by Village code enforcement personnel, beginning in 2012, had been conducted and it had been determined that the property was in poor condition, overgrown with weeds and other plants, and appeared to be abandoned. The home was unsecured, and there was a hole in its roof. The fence surrounding a swimming pool was not secured. The property was also apparently in foreclosure. Defendant never responded to correspondence that had been sent to him. Village code enforcement officials were unable to obtain access to the interior of the home on the subject property. Permission to make the inspection had been denied by defendant and the bank. Mr. Hartman concluded that, upon information and belief, further attempts to conduct an interior inspection or collect materials would be to no avail. The application was supported by a detailed affidavit setting forth the

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
GlobeSt. Healthcare Real Estate 2024
December 02, 2024 - December 03, 2024
Scottsdale, AZ

Join the industry's top owners, investors, developers, brokers and financiers for the real estate healthcare event of the year!


Learn More
ThinkAdvisor LUMINARIES Awards 2024
December 11, 2024
Las Vegas, NV

This event shines a spotlight on how individuals and firms are changing the investment advisory industry where it matters most.


Learn More
Complex Claims & Litigation Forum 2025
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
Go to Events Go to Webcasts
School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›
Real Estate Litigation Associate - New York, NY

Description: Fox Rothschild has an opening in the New York office for a Real Estate Litigation Associate with three to six years of commerci...


Apply Now ›
Attorney - Insurance Defense

Downtown NY property and casualty defense law firm seeks a Litigation Associate with 3+ years' experience to become a part of our team! You ...


Apply Now ›
Go to Lawjobs