Judge rules against reopening Bethpage mosque

A judge refused Wednesday to order Oyster Bay to reopen a Bethpage mosque after the town closed it for code violations last month.

Attorneys for the mosque, Masjid al-Baqi, filed suit in State Supreme Court in Mineola hoping to get the building opened in time for the last days of Ramadan, the Muslim holy month. Town officials say the building must remain closed because it lacks a valid certificate of occupancy or permits for plumbing and electrical work.

In a conference Wednesday, Judge Thomas Feinman denied a stay that would open the mosque. Feinman scheduled another hearing for Sept. 13, Steven Morelli, an attorney for the mosque said afterward.

Morelli said mosque leaders would meet town officials this week to discuss reopening the building. The mosque could still appeal Feinman's decision or file a lawsuit in federal court, he said.

Outside the courtroom Wednesday, town planning and development commissioner Fred Ippolito had an impromptu meeting with three congregation members. He told them he wanted to work with Masjid al-Baqi, but needed to be certain work done inside the building - a former restaurant that was converted to a mosque about 10 years ago - was up to code.

Ippolito and other town officials have previously said Masjid al-Baqi must also have at least one acre of property to comply with town code on places of worship. Now, the building has a little more than 0.6 acres.

Both sides disagree on when Masjid al-Baqi was actually closed. Oyster Bay says it closed the building after a July 29 summons, but the mosque's leaders said they were officially barred Aug. 10, the eve of Ramadan.

Since its closing, the mosque's 200-member congregation has been scattered over several Long Island mosques, its leaders said.

Abdul Majid Khwaja, a mosque director who has already met with Ippolito, questioned why the town didn't let the building stay open after the summons. "It was a pre-planned thing," he said. "When they issue the summons, let the people take care of the problem. And if they don't do it, then shut it down."

A judge refused Wednesday to order Oyster Bay to allow a Bethpage mosque to reopen after the town closed it for code violations.

Attorneys for the mosque, Masjid al-Baqi, filed suit in State Supreme Court in Mineola Monday in hopes of getting the building open again for the last days of Ramadan, the Muslim holy month. Town officials say the building must remain closed because it lacks a valid certificate of occupancy or permits for plumbing and electrical work.

In a conference Wednesday, Judge Thomas Feinman denied a stay that would open the mosque. Feinman set a hearing on the case for Sept. 13, said Steven Morelli, an attorney for the mosque.

In the meantime, Morelli said he would consider appealing Feinman's decision in state court or filing a lawsuit in federal court.

"There is no evidence of any danger whatsoever," he said after the Wednesday conference.

Both sides disagree on when the building was actually closed. Oyster Bay says it closed the building after a July 29 summons, but the mosque's leaders said they were officially barred Aug. 10, the eve of Ramadan.

In addition to problems with the building, Town Supervisor John Venditto said last week Masjid al-Baqi violates a town law requiring places of worship to have at least 1 acre of land. The mosque sits on a little more than 0.6 acres. When it opened, about 10 years ago, in a former restaurant, that restriction did not exist.

Oyster Bay passed a 2-acre requirement in 2001 and amended that to 1 acre in 2003, deputy planning and development commissioner Tom Sabellico said Tuesday.

Masjid al-Baqi must meet the requirement because it has continued to use a certificate of occupancy issued for the restaurant, violating building codes, Sabellico said. The mosque's attorneys included a copy of the certificate in their lawsuit.

The town says the mosque must buy enough land to have an acre or apply for a variance. Meanwhile, Venditto said he would accept evidence of "serious negotiations" between the mosque and a neighbor who may be prepared to sell land as grounds to issue a temporary certificate of occupancy.

But the mosque's leaders say their neighbors aren't selling and the application for a variance will outlast Ramadan.

Masjid al-Baqi's congregation has been scattered over several Long Island mosques through the month. Last week, some members attended Friday afternoon services at a Huntington mosque, where some had to pray outside because of the crowds.