Starusnak v. Town of Constantia

Summary

This is a hybrid Article 78 proceeding and civil rights action over the building permit for 700 Salt Road in Constantia. The Town's own law says the Code Enforcement Officer shall issue a building permit when the work meets the State Building and Energy Codes. The Town refused in writing in July 2025 and again on May 12, 2026, without citing any code provision, saying no permit would issue until the State DEC signed off. The petition asks the Court to order the permit examined and issued on the codes alone, to annul the May 12 denial, to order the Board of Appeals to hear the appeal filed with it, and for damages under 42 U.S.C. 1983.

• May 12, 2026Town denies the permit in writing
• Sep 1, 2026Petition filed with the County Clerk
• Sep 8 to 11Service on respondents; 3 affidavits filed
• Oct 1 → Oct 29Return date adjourned on the Town's letter
• Oct 29 → Nov 12Second extension, over objection; court calls it final
• Nov 12, 2026Return date, on submission

What is in this file

• Before the lawsuit (July 2026): the appeal to the Town Board of Appeals and the written permit demand to the Town.
• The petition (September 1, 2026): the Verified Petition and Complaint with its exhibits: the Town's Land Development Law, the Town's written refusals, the architect's stamped drawings transmittal, the deed, letters between counsel, and the DEC papers the Town relied on.
• The Town appears (September 2026): the Clerk's docket of everything filed, and the Town's insurance counsel's application to move the case to e-filing.
• Order to Show Cause (October 8, 2026): papers asking the Court to undo the adjournment granted on the Town's letter without notice, set a firm schedule, and allow service on Patrick Dolan through counsel.
• Objection (October 21, 2026): the letter to Justice Gilbert objecting to the second extension.
• Memorandum of law: the legal argument supporting the petition.

Filings, first to latest

Papers marked Draft are the working versions on hand. Signed and stamped originals are on file with the Oswego County Clerk and on NYSCEF.