Bonefish suit set to move forward

Late last month, Nassau County Supreme Court Justice Steven Jaeger ruled to deny the village’s motion of dismissal of Bonefish Grill’s lawsuit, paving the way for the restaurant to continue its legal action against Rockville Centre.

Jaeger made the decision on Oct. 30, after also deny a request by the village’s attorney to have the case given to another Justice because of a possible conflict of interest.

Michael Zapson, a Long Beach attorney who is representing Bonefish, was named as one of nine “Honorary Chairs” on campaign letterhead distributed by Jaeger, including one that was soliciting funds for Jaeger’s campaign.

“This Court does not have a direct or indirect personal, substantial or pecuniary interest in reaching a particular conclusion in the…proceeding,” Jaeger wrote in his decision. “Further, the court believes it can and will preside impartially over these proceedings without fear or favor towards any party or attorney.”

Complicating the issue somewhat is the fact that Jaeger lost his reelection campaign and most likely won’t be presiding over the majority of the case. It’s unclear who will replace him.

“The village is disappointed that the judge decided to hear a case in which one party is represented by one of his election campaign chairs and fundraisers,” said village Spokesperson Julie Scully in a statement to the Herald. “Nonetheless, the village is confident that when the court has an opportunity to review a full record with all the facts, the court will conclude that the village acted properly in imposing conditions on Bonefish’s restaurant use.”

Bonefish filed an Article 78 against the village’s Board of Zoning Appeals in July, claiming the restrictions the village placed on the restaurant were “arbitrary and capricious.”

Under the BZA decision, Bonefish could only be open from 4 p.m. to 12:30 a.m. Monday through Friday and from 11 a.m. to 12:30 a.m. Saturday and Sunday, effectively closing the restaurant for lunch on weekdays. After regular business hours, Bonefish uses the parking of the HSBC bank next door, which is owned by the same landlord. The BZA also required Bonefish to use valets to park patron’s cars.