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Main Street windows headed back to court
4/30/2008 |
By Jim Poole |
A Cobleskill building owner has two weeks to hire an attorney to battle a citation for broken windows.
Harry Ioannou, owner of Newberry Square, sparred verbally with Village Justice Richard Hamm Monday morning, telling the justice he has no money to either fix the three plate glass windows or hire an attorney.
The case has prompted interest because the three large windows, now covered with plywood, front Main Street, and the property is within the historic district.
Village Codes Enforcement Officer Mike Piccolo cited Mr. Ioannou in mid-March for failing to fix the Newberry’s windows that were broken the night of March 1. An April 18 court date was postponed to 10am Monday.
When Mr. Ioannou at first failed to appear, Justice Hamm said he would issue a warrant for the building owner’s arrest. But then Mr. Ioannou did arrive about 35 minutes late.
“Do we have trouble telling time?” Justice Hamm asked.
“I was on the road four hours getting here,” Mr. Ioannou replied.
Justice Hamm then asked Mr. Ioannou whether he wanted to hire an attorney.
Mr. Ioannou said he did, but then the two argued whether he would hire an attorney personally or have the corporation, Newberry Square LLC, do so.
After researching the issue, Justice Hamm said Mr. Ioannou or the corporation couldn’t have a court-appointed attorney.
“You’ll have to hire your own attorney,” Justice Hamm said. “When do think that would be?”
“About a month, when the next paycheck comes in,” Mr, Ioannou said.
“A month? C’mon,” Justice Hamm, answered, irritated.
Mr. Ioannou explained that he has only one tenant, ARC, in the building, and the next rent check will come in a month.
“I paid the gas this month and had no money for the electric,” he said. “Next month, the check can go for an attorney.”
He further argued that the broken windows were “a criminal act against the building” and the police investigation is continuing.
Earlier in court, Mr. Piccolo said Mr. Ioannou had told him that he wouldn’t fix the windows until the investigation was done.
Cobleskill Police, however, investigated the case for weeks, running down leads and interviewing Newberry neighbors at least twice. They’ve come up with nothing so far.
Justice Hamm said the police investigation has little to do with the court case.
“The investigative leads are exhausted,” he said. “There’s no longer an active investigation. Those windows have to be fixed.”
“I’d have fixed the windows the first day if I had the money,” Mr. Ioannou responded.
Unwilling to put the court date to another month, Justice Hamm set the new date for 10am May 12.
“Get an attorney and be back here in two weeks,” he said.