Cyril’s Back in Town Court

East Hampton Town Justice Steven Tekulsky imposed maximum fines on two corporations Monday, one in connection with the controversial Napeague bar and restaurant called Cyril’s Fish House, and the other in a default judgment against the Hampton Land Corp., which owns the Inn at East Hampton on Montauk Highway.

The owners of the property where Cyril’s operated, Michael Dioguardi and family, settled myriad outstanding charges out of court, agreeing to pay $60,000 and to subject future use of the property to site plan approval. 

But Cyril Fitzsimons’s corporation, Clan-Fitz Inc., facing 47 charges, took his chances at a jury trial, and lost. Clan-Fitz was found guilty of 45 of the charges, all misdemeanors.

Mr. Fitzsimons had not attended the trial nor was he there on Monday. His attorney, John T. Powers Jr., argued for less than the maximum penalty, which is $1,000 for each misdemeanor. 

“The trial has created a significant hardship,” Mr. Powers said. “The business is no longer in existence. They have been shut down. The prosecutor has never put forth anything on the record to show any damages, significant or otherwise.” 

The town was represented by Joseph Prokop, an outside counsel, who reminded the court that the violations Clan-Fitz had been convicted of were longstanding. He asked for the maximum fine. 

Mr. Powers countered, saying, “The people of this town have lost a restaurant. And, importantly for the town, a source of employment for a number of people. There are people disappointed in the fact that they have no place to go to work . . . people who enjoyed going there for some years.”

“The number of charges and the nature of the charges suggests a persistent pattern of violating the standards set by this town,” Justice Tekulsky said. He read each charge, and set the fine at $1,000 each.

Mr. Powers said afterward that Clan-Fitz planned to appeal the guilty verdict handed down by a six-person jury in May, which would delay any requirement to pay the fine.

The default judgment against Hampton Land Corp., the owners of a 20-unit motel called the Inn at East Hampton, occurred after no one appeared to face the charges. Fire marshals had inspected the motel after receiving complaints about overcrowding. While overcrowding was not an issue, they allegedly found 60 violations of the state’s health and safety laws. These included lack of working smoke detectors and combustible debris on the premises.  Justice Tekulsky gave the owners, or an attorney who might represent them, over an hour after the court had completed its other business to arrive, but no one did. Justice Tekulsky took the bench at 1:50 p.m., and said there was proof that the corporation had been subpoenaed. He then issued a default judgment, with $1,000 on each of the counts, for a total of $60,000.