People v Mascia (Joseph)

[*1] People v Mascia (Joseph) 2005 NY Slip Op 50214(U) Decided on February 22, 2005 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 22, 2005
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 9th and 10th JUDICIAL DISTRICTS
PRESENT: McCABE, P.J., COVELLO and TANENBAUM, JJ.
2004-221 S CR

The People of the State of New York, Respondent,

against

Joseph Mascia, Appellant.

Appeal by defendant from a judgment of the District Court, Suffolk County (J. Flanagan, J.), rendered January 29, 2004, convicting him of violating section 85-17 (A) of the Brookhaven Town Code and imposing sentence.

Judgment of conviction unanimously affirmed.

Defendant was convicted of constructing the subject premises after the Chief Building Inspector of the Town of Brookhaven notified him that his building permit had been revoked and ordered him to cease construction (see Brookhaven Town Code § 85-17 [A]). On this appeal, defendant, in essence, challenges the authority of the
Chief Building Inspector to revoke the building permit as well as the propriety of such determination.

Section 16-2 of the Brookhaven Town Code charges the Building Department with enforcement of the code relating to the erection, repair, remodeling, altering, removing and inspection of buildings. Subdivisions (C), (D) and (E) thereof grant to the Chief Building Inspector broad powers and authority in carrying out the mandate of this section. Included therein is the authority to suspend any work which is in violation of the code (Brookhaven Town Code § 16-2 [D]) and to grant permits and enforce the building laws (Brookhaven Town Code § 16-2 [C]). Inherent in the duty to grant permits and suspend any work in violation thereof is the authority to revoke the building permit (see 3 Salkin, New York Zoning Law and Practice § 41-01, at 41-4 [4th ed]).

Since defendant continued to construct the subject premises after being advised of the building permit's revocation and ordered to cease all construction, he was guilty of violating [*2]section 85-17 (A) of the Brookhaven Town Code and subject to the penalties provided in section 85-431 (A). Any challenge to the propriety of the actions of the Chief Building Inspector would lie in an appeal to the Zoning Board of Appeals (see Brookhaven Town Code § 85-28 [A]).
Decision Date: February 22, 2005