While Billy Dean tries for a successful motion at Nassau County Supreme Court to have a judge’s upholding the Town of Hempstead zoning board’s for his cabaret application in Wantagh, the North Bellmore strip club owner is also concentrating his legal fight in the appellate division.
The motion in Nassau County Supreme Court, which was scheduled for Justice Antonio Brandveen’s July 25 calendar, was postponed for the third time in three weeks and is now slated for Aug. 8. While Dean attempts success in Mineola with his newly hired attorney J. Stewart Moore of Central Islip, his chief legal counsel, William Cohn of Uniondale has filed an appeal at the State Supreme Court Appellate Division.
“The appeal to the Appellate Division has already been filed but it will be some time before it goes to oral argument,” said Cohn, who emphasized that he remains “very confident” that Dean will eventually open his Wantagh establishment on 3500 Sunrise Hwy.
Cohn was not optimistic in Dean’s chances with the motion in Nassau County Supreme Court scheduled for Aug. 8 being handled by Moore saying it is “very rare” for a judge to reverse his own ruling. He said if Justice Brandveen does decide in Dean’s favor, the Town of Hempstead would then likely appeal to the Appellate Division and the roles would be reversed.
Moore has not returned calls seeking comment.
While Dean fights for the Wantagh property, he is also from the Hempstead Town Board of Appeals on a request to renew a cabaret permit at Billy Dean’s Showtime Café in North Bellmore.
Dean’s suit filed against the Town of Hempstead that Justice Brandveen rejected this past spring argued that the Board of Zoning Appeals (BZA) should have never revoked its original June 2010 approval for cabaret usage on the 3500 Sunrise Hwy parcel. The suit also pointed out that the property, which Dean acquired in 2009 for $950,000, has had cabaret usage for previously opened bars and restaurants going back to the late 1960s.
The Hempstead BZA’s rejection of Dean’s cabaret application came in the midst of community that mounted against him because of fears he would operate his Wantagh similar to in North Bellmore, which is advertised on its website as "Long Island’s No. 1 strip club." A cabaret license would permit Dean to offer live music, dancing and entertainment but no topless or nude performers.
Billy Dean’s website provides a link with information that describes the planned Wantagh venue as one that will offer dinner entertainment with audience participation catering to bachelor, bachelorette and birthday parties. Dean his planned establishment during a May 18, 2011 zoning board hearing as one that would feature “a Las Vegas style feel” with jugglers, knife throwers and dancers.