A Hempstead Town municipal code enforcement officer is to return to court Nov. 8 on charges that he let debris pile up outside his Oceanside home.

Roy Gunther Jr. appeared in court Tuesday with his lawyer, Michael Elbaz, and special prosecutor Jeffrey Schwartz of the Garden City law firm Jaspan Schlesinger. Schwartz is acting as a special prosecutor in the case so the town avoids an appearance of a conflict of interest in a case against one of its own employees.

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In a brief appearance before Judge William Hohauser in District Court in Hempstead Tuesday, the attorneys agreed to file motions before Nov. 8. The defense’s motions are due by Oct. 10 and Schwartz must respond by Oct. 24. Then Elbaz gets until Oct. 31 to reply to Schwartz.

The town charged Gunther in May with a violation, accusing him of allowing construction debris and garbage to accumulate outside his home while it underwent repairs for damage from superstorm Sandy. Gunther was suspended without pay from his job as a town “code enforcement officer III” for five days in late August.

Gunther’s other summonses for failing to have a permit to disconnect a gas meter were dropped because the inspector wrote the wrong date on the ticket.

Schwartz, Elbaz and Gunther declined to comment after court.