State judge dismisses ex-homeowner's Sandy lawsuit against Oyster Bay

A state judge has dismissed the lawsuit of a former Hicksville resident who alleged the Town of Oyster Bay illegally demolished her residence after damage from Superstorm Sandy.

Doina Almazon filed the lawsuit in September 2023 alleging the town violated an order state Supreme Court Justice Randy Sue Marber granted in 2022 to tear down the building if it wasn't brought into code compliance by May 2 of that year.

The town demolished the home at 27 Grape Lane on June 30, 2022, and the lot sold at auction in January for $510,000, according to the court clerk's office.

State Supreme Court Justice Erica Prager’s ruling Friday said Marber's decision “clearly authorized” the town to demolish the home.

“The documentary evidence presented in this case establishes conclusively that the demolition of the Subject premises was not in violation of the Marber decision,” Prager wrote.

Prager said Almazon’s separate claim in the case that she suffered emotional injuries due to the demolition is “not viable under New York law.” 

Almazon, 59, now of Plainview, had to leave her home in 2013 following Sandy damage and as disputes over insurance money and repairs left renovations unfinished. 

In 2017, Oyster Bay adopted a new code allowing town officials to demolish homes deemed to be nuisances because of code violations after obtaining a court order.  A report from a town consultant said Almazon's house was dangerous, but Almazon's consultant found the dwelling structurally sound, Newsday previously reported.  

Almazon previously battled the town, contractors, insurance companies and her former mortgage lender in court in an unsuccessful effort to save the home.

The former homeowner had asked the court to award $1.5 million from the town for allegedly causing her mental anguish and to compensate her for the loss of the residence.

“This decision proves the lawsuit was a sham and sick attempt to rip off taxpayers,” Oyster Bay spokesman Brian Nevin said of the ruling.  “People should think twice before filing nonsensical allegations against the town.”  

Almazon said Tuesday she plans to appeal the decision and repeated that her rights were violated when the court allowed the town to demolish her home. 

“Our legal system is failing the People, which is why the People have lost trust in our legal system,” Almazon said in a statement. “Justice denied is justice ignored.”

Almazon previously brought a federal lawsuit against Oyster Bay alleging the demolition was illegal and violated her constitutional rights. That case remains ongoing, with the town denying those claims, too. 

The retired state court employee has represented herself in both cases.

By Joseph Ostapiuk

joseph.ostapiuk@newsday.com@OstapiukJ