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Judge adjourns code violation case to October

by Kristina Gabalski

Brockport Mayor Connie Castaneda appeared with her attorney Donald Thompson before Ogden Town Justice David Murante Tuesday, August 28.

Judge Murante adjourned the case until October 16 to give Assistant Monroe County District Attorney Mark Monaghan time to address a number of questions the judge raised regarding the charges against the mayor.

In March, Mayor Castaneda was cited for violations of the Brockport Zoning and Building Codes and the Property Maintenance Code of the State of New York.

Criminal charges against the mayor include 14 separate counts of official misconduct arising out of her alleged illegal rental of her property at 332 Main Sreet. She has pleaded not guilty to all charges.

Judge Murante expressed concern over the length of time the case has been in the courts, but asked for a number of clarifications from Monaghan in regards to the charges including which section of code really applies to certain charges and if some provisions are over-lapping. Judge Murante noted he had been familiarizing himself with the Brockport village code.

During the regular Brockport Village Board meeting also held August 28, Mayor Castaneda asked trustees if they wished to rescind their resolution passed during a special meeting July 19 hiring Robert J. Lunn as special prosecutor to represent the Village of Brockport in the case. The village agreed to pay Lunn a $5,000 retainer to prosecute the civil zoning and building violations against the mayor.

Trustee Carol Hannan said trustees were not yet ready to vote to rescind. “We will see in the near future if it is advisable to do that,” she told the mayor.

Mayor Castaneda’s companion Norman Giancursio also appeared in Ogden Town Court August 28 with his attorney, Lawrence Kasperek.

Giancursio has pleaded not guilty to a second degree reckless endangerment charge stemming from a fire at the mayor’s home in March 2011. He allegedly told a tenant in the home not to leave during the fire to keep authorities from finding out about the rental set-up.

Kasperek questioned whether the jury for Giancursio’s trial must be made up of Sweden residents and if Justice Murante should go to the Town of Sweden for the trial.

Assistant Monroe County District Attorney Mark Monaghan said he would need to look into the Constitutional basis for doing so.

Attorneys have until September 18 to file papers regarding the jury.

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