Statement Read To the Town Board 10/9/07

Victor LaBruna
18 Josephine Lane
Fort Salonga, NY
United States of America

It was not my intention to come to this meeting. But when I was told that some of our supporters would be here, I changed my mind. I have not asked anyone to come here or to speak on our behalf. I believe the Board has already decided to appeal the Court’s decision and to drag out this process as long as possible. And this no matter how wrong they are and no matter how much of the tax payer’s money they spend.

The Honorable Arthur G. Pitts, Justice of the Supreme Court of the State of New York, decided in our favor and against the Town Board and its Zoning Board of Appeals. He ruled that Smithtown issue us a “certificate of prior use”. He wrote,and I quote " Clearly the record before this Court establishes that prior to the amendment of the town zoning ordinance, the petitioner's (Angel's Gate) use of their property was legal and accordingly, the petitioners are entitled to a pre-existing use permit. As such, the findings of the respondent ZBA denying the petitioner's application was arbitrary and capricious without regard to the facts presented and accordingly, the petition pursuant to CPLR Article 78 is granted. The respondents cross motions to dismiss said petition are denied."

In short Justice Pitts saw through the bogus case the Town had concocted to deny us of our rights under the law.

Mr. Vecchio knew the Town was operating outside of the law when he commanded his Town Attorney, Ms Leiffrig to violate us under the old code. Ms Leiffrig told him we were not in violation of the code and that the Town would lose in court. Council Woman Gray tried hard to persuade the Board that they were illegally targeting us and would open the Town to an expensive law suit. Officials of other Towns and representatives of the Kings Park Civic Association did the same. Mr.Vecchio, himself even stated in a Town Council meeting that they (the Board, the Town officials and their lawyers, I guess) had tried “over and over again” but could not find a reason under the code to violate us. But violate us they did. They shamefully changed the Town code to prohibit citizens from taking in injured and ill animals and then the violated us for not being in compliance with the new code and then they had the ZBA deny us our certificate of prior use permit.

It is clear that Mr. Vecchio and Town Board, save Ms Gray, selectively targeted Angel’s Gate and treated us with malice. They don’t approve of our activities in a residential neighborhood, and choose to strip us of our legal protections. They have put us through a long period of great anguish and their actions have robbed us of our energies and resources which should have been focused on our mission to provide comfort to the most vulnerable of beings.

Now, after the Supreme Court of N.Y. has exposed their skullduggery they want to continue along the same path by appealing the Court’s ruling. I hope the citizens of Smithtown wake up and wisely exercise their right to vote in the upcoming election and bring in honest and independent leadership to the Town Board.