Several weeks ago, a judge from the New York State Supreme Court threw out a lawsuit by LCS Realty that, among other things, claimed the Village of Roslyn's Master Plan was drafted and adopted with the intent of preventing supermarket construction on the land area off Skillman Street.

When the ruling came down, Roslyn Mayor Janet Galante was obviously pleased, declaring that the decision was "great news for the village as we move into the next millennium."

However, according to Ed Pabich, a vice president with Ahold Inc., the Dutch-owned company which now has the old Stop & Shop portfolio, more legal action concerning the ongoing supermarket construction controversy is forthcoming. "We're not halfway through with the legal process," Mr. Pabich, said, adding that he was "shocked" that Mayor Galante didn't know that herself.

Ahold, which retains the same attorneys that have worked for LCS, has two appeals pending from earlier lawsuits. One concerns its Article 78 lawsuit that challenged the environmental aspects of the site plan. The other is an appeal on a "motion to compel" the Roslyn Village Board of Trustees to review the original site plan again.

Ahold is hoping the Court of Appeals will make a judgment without reference to the village's zoning laws. Still, Mr. Pabich admitted that his company considers such appeals as "minor legal action."

The more important lawsuit, according to Mr. Pabich, a declaratory judgment action, which he calls a "multifaceted attack" on both the village's master plan and zoning code.

Without getting into details, Mr. Pabich said that this would be a lengthy process, with the deposition of numerous people involved. "Anyone who thinks this is over is wrong," he said. "That is not the case."

Mayor Galante was on vacation this past week, but Village Attorney John Spellman acknowledged the existence of the new lawsuit.

Mr. Spellman said the suit was being filed in federal courts and that the village will make a motion there to dismiss the action based on the failures of previous legal action in state courts.

According to Mr. Spellman, federal courts do not get involved in land use cases. In order to bring such action into a federal court, the plaintiffs have to first establish property rights in state courts.

Mr. Spellman said that Ahold has not done that. And so, the village attorney remained confident that the federal court would dismiss the suit, even calling such a decision a "formality."

Last month, Judge Kenneth A. Davis of the New York State Supreme Court rejected all six motions filed by LCS which claimed that the village, while drafting the Master Plan, conducted an improper environmental study, violated certain Nassau County municipal codes, and adopted the entire plan with the intent of preventing Stop & Shop construction. On the last item, the village, Judge Davis wrote, held a lengthy public review of the master plan drafts, which included input from the village board of trustees, a community advisory committee, and professional planners.