The owner of an Oyster Bay dog day care center has filed court papers notifying the town of her intention to sue for alleged violations of her civil rights and the loss of thousands of dollars because of officials’ efforts to shut down her business.
The notice of an impending federal lawsuit was filed Tuesday on behalf of Two by Four New York owner Melanie Nardiello. It follows the filing of a state suit in January accusing the town of failing to act on a building permit application from Nardiello in 2012 and then attempting to shut down the facility after its construction.
The new court papers state that the federal suit would accuse town planning Commissioner Frederick Ippolito of “abuse of power.”
The notice charges that Ippolito retaliated against Nardiello over previous interactions between the two in 2005, when Nardiello was a wine vendor for Southern Wines and Spirits and visited a Syosset Italian restaurant he owned, Christiano’s, according to Nardiello’s attorney Richard Hutchinson.
Town attorney Leonard Genova said “this is not a case about abuse of power. It’s about Miss Nardiello’s refusal to comply with the town building codes to ensure the public’s safety after having been given countless opportunities to comply. She constructed a two-story barn without the requisite building permits or inspections and began to run her business illegally.”
Genova said Nardiello needs to obtain the necessary town approvals to have the strength of the foundation certified, replace residential-caliber wiring with commercial wiring and replace some plumbing that does not meet building code standards.