Patrons of a soon-to-open adult business on Route 59 will not be allowed to view movies inside the store's video booths, a judge recently ruled.
State Supreme Court Justice Joan Lefkowitz issued a handwritten temporary restraining order, The Journal News recently reported, which prohibits Building Inspector John Allgor from issuing a certificate of occupancy for use of the booths at the Fama DVD Video Center.
David MacCartney, a lawyer for a group of residents calling themselves the Catholic Citizenship, sought the order during oral arguments in the White Plains court to prevent the village's Building Department from issuing the business a certificate of occupancy.
"The only thing they're allowed to do is sell and rent books and videos," MacCartney told Ron X. Gumicio of The Journal News. "The judge issued a temporary restraining order prohibiting the use of the video booths until the petition is decided on."
Lefkowitz was assigned the case Wednesday after judges in Rockland excused themselves because one of the plaintiffs in the notice of petition, Nicholas Del Pizzo, is a former Surrogate Court judge in Rockland.
The Catholic Citizenship filed a notice of petition last month in state Supreme Court in New City against the Planning Board, business owner Algama and property owner Tamiami Land Corp continued the report. The group is challenging the village Planning Board's approval, claiming it failed to follow an environmental report and that Algama had withheld information about the shop's hours.
"I would consider it a victory," MacCartney told The Journal News. "The court has agreed with us that the use of the video booths is improper at this time. And we're looking forward to receiving a final decision on the petition in the near future."
Algama's lawyer, Alexander Mulgrew, did not return a call. Leslie Fernandopulle, a principal of Queens-based Algama, also did not return a call.
Allgor said he did a final walk-through of the shop yesterday and found that the owner met the conditions of the site plan approvals. He expected to issue Algama a limited certificate of occupancy Monday.
The report went on to say that in recent months, several people, including actor Stephen Baldwin, have opposed the shop, saying it would attract crime, lower property values and adversely affect other quality-of-life issues. What had many concerned was the eight 4-by-5 booths that would allow patrons to view movies privately.
Hector Luis Mateo, who is named in the Catholic Citizenship's petition, said he was pleased by Lefkowitz's decision.
"That is a good thing," said Mateo, whose auto body shop is across the street from the store. "I thank the judge because she made a wise decision. That business should never be there to begin with."
MacCartney said he would seek to have the Planning Board's approval, which allowed the adult store to move in, revoked. Doing so would force Algama to go before the board again, he said.
The report concluded by that the shop was approved in February to operate from 10 a.m. to midnight Monday through Thursday and from 10 a.m. to 3 a.m. Friday through Sunday. This month, Algama was denied a request by the board to open 24 hours a day, seven days a week.
