Lawrence Gray, Esq.

20 Fireplace Drive

Kings Park, New York 11754

To: ADA Christopher McPartland

Re: EMJAY Industries / File No. 07-17088 – Cervoni-Key Way Complex 27 Montclair Avenue

The above-referenced case is scheduled for the Smithtown Board of Zoning Appeals on January 27, 2009. I believe that the cast of characters are familiar to you and ADA Kevin Ward. From the correspondence it appears that a Certificate of Existing Use is being applied for. No way, no how.

Are the subject premises the ones referred to in a Smithtown News article of about a year back – where the cement plant or one of its structures was built without necessary permits? You may compare the assertions in Robert Bonerba’s letter of October 27, 2004 addressed to Joseph Attonito, Esq. with those contained in the September 18, 2008 letter from Assistant Town Planning Director David Flynn addressed to John Zollo, Esq.

I believe that the Izzo mentioned in one of the letters is the same as one of the plaintiffs in the Izzo Leaf Bag case where Zollo, as then Smithtown Attorney, failed repeatedly to file a Bill of Particulars constraining Justice Emerson to strike the Town’s statute of limitations defense. The Appellate Division affirmed. The Town had to pay about $1.5 million to the Izzo’s. It is unknown whether Zollo is still of the view that the Town will ultimately prevail. I don’t know if the political morons who praised Zollo’s “Cardozo-Holmes” lawyering on behalf of the Town at his going away party are still of that view.

Perhaps you and yours would like to question certain people about this pending matter before the Zoning Board of Appeals.