Sunset Taxi, a former purveyor of taxi service in Massapequa Park, has dropped its lawsuit against the village. Sunset was appealing the village board's decision to revoke its franchise status in Massapequa Park effective July 31.

"There was nothing to gain," said Sunset owner, Al Tumbiolo about the appeal, adding that everything was stacked against him. He said that it wasn't worth the cost of the legal fees, since even if they won, the village wouldn't extend Sunset's lease when it expired early in 1999.

The village board terminated its agreement with Sunset on the grounds that it did not comply with its requirement to have a waiting room available for customers. According to Tumbiolo, the village was uncooperative of his efforts to comply with its requirements and crippled his efforts to make his business successful in the village and elsewhere.

The village no longer has a reason to file suit against the Nicholson family, owner of the Massapequa Funeral Home and the northerly portion of the vacant Whitewood Drive and Merrick Rd. property. Earlier this week, the Nicholsons complied with the village's request to surrender a deed for an 8 by 100 foot parcel of the land which will be converted into a turning lane when the land is developed. Village attorney, Robert Leff, said at the Sept. 28 public village board meeting that he had received the deed earlier that afternoon.

According to Travis Nicholson, he always intended to deed over the land to be in compliance with Local Law No. 3 of 1991 which requires the establishment of a turning lane should any parcel of the property be developed. But before he could do that, he said he had to get the consent of the DEC since the property is connected to wetlands. Nicholson added that getting a response from the DEC took a long time.

The village originally initiated the lawsuit in June, however, the New York State Supreme Court said the village was in violation of open meetings law and the case couldn't be tried unless it was initiated in a public session. The deed for the 8 by 100 foot parcel was delivered to the attorney before the board got a chance to initiate the lawsuit in a public hearing.

The Massapequa Park Village Board set two public hearings for the Oct. 5 meeting. The first hearing will be to consider the establishment of a special assessment district for curb and sidewalk repairs on Charles Ave. from Clark Blvd. to Pennsylvania Ave. and on Eastlake Ave. between Pittsburg Ave. and Cypress St. The special assessment district would allow the village to legally collect money from residents who are getting curb cuts for the first time. According to Superintendent of Public Works William Colfer, the reconstruction will not begin until April of 1999.

The second hearing will be to consider the installation of Stop signs on Avoca Ave. at Brooklyn Ave. and at Carol Drive.

In other village news, the village referred a request for Stop signs on Roosevelt Avenue at the intersection of Linden Street to the planning commission at the Sept. 28 public board meeting.

Massapequa Park Mayor George Nussbaum appointed trustee William Van Wagner deputy mayor from Oct. 1 to Dec. 31. Trustee Scott Wiss will be deputy mayor from Jan. 1, 1999 through March 31, 1999.