Town of Brookhaven v. Mascia – Case Brief Summary (New York)

Town of Brookhaven v. Mascia, 38 A.D.3d 758, 833 N.Y.S.2d 519 (2d Dept. 2007) involved an action by the Town of Brookhaven ("Town") to enjoin the defendants from using or occupying a structure on their premises, and to direct that the structure be demolished, following the individual defendant's conviction for constructing a residence without a permit as required by local law. 38 A.D.3d at 758-759.

A permit had previously been issued but was subsequently revoked, and defendants continued the construction without a permit. Id. at 759.

The Second Department, in affirming the trial court's Order granting summary judgment to the Town, held that the Town had established its entitlement to judgment by demonstrating, on the basis of the defendant's criminal conviction and the affidavits of the Town's building officials, that the defendants had constructed the residence in question and were residing in it in violation of local law. Id.