AIRMONT -- A Fosse Court homeowner has dropped his lawsuit accusing village officials of allowing an illegal school and dormitory on his block but is continuing to pursue legal action against the rabbi who owns the properties.
Sharon Stern filed a New York State Supreme Court legal action in March claiming village officials and the building inspector were allowing a rabbi to illegally operate a school in single-family houses and convert a next-door residence into a dormitory.
Airmont had moved to dismiss the legal action as improper. Stern signed a discontinuance filed Monday with Supreme Court Justice Thomas Zugibe.
However, Stern's legal action still seeks a permanent court order barring Rabbi Arash Hakakian from continuing what his lawsuit claims is unlawful use of the single-family houses at 2 and 3 Fosse Court as a private school and dormitory.
The village attorney, Brian Nugent, said Monday that "the law is pretty well-established that a resident cannot bring claims of this nature against a municipality when it comes to code enforcement."
Nugent said the legal action can be taken against the property owner.
Case continues against rabbi, school
Stern's attorney, Steven Mogel of Montebello, declined Monday to discuss the reasoning behind dropping the legal action. Stern's initial legal action was withdrawn and refiled when the village wasn't first notified.
"Our decision to discontinue the action against the village and village officials was made as part of our overarching legal strategy, which, for obvious reasons, I cannot delve into in greater detail," Mogel said.
The lawsuit named Mayor Nathan Bubel, the four village trustees, and building inspector Louis Zummo. The lawsuit continues against Hakakian, Yeshiva Tiferet Torah at 3 Fosse Court, and the Sephardic Heritage Center Charitable Trust at 2 Fosse Court.
Hakakian, who lives at 7 Balanchine Court in the village, could not be immediately reached for comment. He had posted a video discussing the school's need to expand and get donations and community support. The rabbi has had previous issues over zoning and code violations with Ramapo and tax exemption status on his other properties.
Hakakian bought 2 Fosse Court in 2013 and later received a building department permit from Zummo to make major renovations to the inside of the house.
Differing views on Airmont's code enforcement
Stern's lawsuit and Mogel's letter to the village stated the two properties were single-family homes and no evidence existed that the village land-use boards or a building inspector had approved a school or dormitory.
"YTT is operating as a school in violation of the Village's own code as well as New York State Law, resulting in the creation of a private and public nuisance, and posing a threat to the health, safety, and welfare of its students and the neighboring property owners," Mogel's letter states.
Zummo had told NBC News that he was aware of what was happening on Fosse Court, but he was backlogged with more than 630 business inspections and lacked staff.
The New York State Department of State's Division of Building Standards reviewed the village's code enforcement program and found nothing wrong. The agency reacted to complaints from some residents that the government has been lax in enforcing state fire and building codes.
"The state did not raise any concerns or indicate that any further review was necessary," Nugent has said. "The village and the state did also discuss the need for the village to implement some updates to its local building code administration provisions to incorporate changes that were made in the State Building and Fire Codes."
The Ramapo village has had a history of zoning and enforcement issues since it was formed in 1992. That history includes divisiveness between secular residents and the growing Orthodox and Hasidic Jewish community — including three federal lawsuits that accused previous governments of discriminatory zoning.
Steve Lieberman covers government, breaking news, courts, police, and investigations. Reach him at slieberm@lohud.com Twitter: @lohudlegal
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This article originally appeared on Rockland/Westchester Journal News: Airmont resident drops lawsuit vs village, but seeks closure of Fosse Court school, dorm
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