Judge denies Yorktown motion in Catucci property dispute

A state Supreme Court justice denied the town’s motion seeking to fine developer William Catucci for alleged building code violations and recover money he received from renting parking spaces on town property.

Justice David Zuckerman cited procedural problems with town Attorney Adam Rodriguez’s court filings in the municipality’s effort to regain control of the property, where the town alleges Catucci has operated a commercial parking operation.

The ruling stemmed from the town’s broader lawsuit against Catucci and two of his companies over the use of the property. Zuckerman denied the town’s request for a preliminary injunction, citing deficiencies in the town’s court filings and a lack of proof that the defendants had been properly served with the motion.

The ruling did not end the lawsuit, Rodriguez clarified during the Sept. 1 Town Board meeting. The case remains pending, and Rodriguez said the town is considering its next steps.

“What the judge said was, there had been no proof of service, and that the affirmation was not sufficient for the obligation,” Rodriguez said. “I agree that the affirmation wouldn't be sufficient, but we had a verified complaint, which is tantamount to an affidavit which should have been considered by the judge.”

Rodriguez said the town had obtained a waiver of service but did not submit it to the court because the parties were discussing an extension while attempting to resolve the dispute.

He said the town agreed to the extension based on representations made to him that later proved to be untrue.

“We are not precluded from going back to the judge for reconsideration or refiling a motion, which we may in fact be doing,” Rodriguez said.

Rodriguez also addressed public questions and comments stemming from reporting by David McKay Wilson on his Substack that construction vehicles had been removed from the property. Rodriguez said he had been told by Catucci’s attorney that the vehicles had been removed.

Supervisor Ed Lachterman said he’d prefer to resolve the dispute rather than return to court and said the board was considering various options. He also addressed concerns about campaign donations Catucci had made to candidates, saying the donations had no bearing on how he handled the matter.

Councilwoman Susan Siegel said she was frustrated by the length of the dispute.

The lawsuit remains pending, and the town is considering its next steps.