Staten Island man despatched to Rikers Island in $500K condominium board feud; ‘A damaged man’ says his spouse

One thing about New York’s authorized system doesn’t appear proper to Joseph Riccardi, who’s jailed as a result of he gained’t spend as much as $500,000 to fulfill the calls for of his Staten Island condominium board.

“There are individuals committing severe crimes who don’t even need to submit bail and are free,” Riccardi instructed the Day by day Information. “But, I’m on Rikers? It’s completely ridiculous.”

“I’m a 57-year-old grandfather, labored 35 years within the finance business,” an exasperated Riccardi mentioned. “I haven’t bought a parking ticket in 20 years. I’ve by no means a lot as sat in a police automotive.”

Riccardi, a overseas forex dealer, started his most up-to-date Rikers Island stretch Oct. 24, and expects to be launched Dec. 28.

His bother is rooted in a years-long authorized feud with the board of Ocean View Tower, a condominium on the far northern finish of Hylan Blvd. in Rosebank, close to New York Harbor and throughout the road from the historic Alice Austen Home.

In 2006, Riccardi purchased a 14th-story penthouse within the constructing for almost $1 million.

Sooner or later after the constructing went up in 1989, somebody added to the dimensions of the penthouse, the constructing’s board says. A lawsuit says the addition “solely used sure parts of the roof” and is in violation of town’s constructing code.

Riccardi mentioned he discovered that the 1,500-square-foot rooftop addition was accomplished by a earlier proprietor, although one architect later instructed him the area was in reality a part of the constructing’s unique development.

Howard File, a lawyer for Ocean View, doesn’t dispute that Riccardi’s declare that he didn’t construct on the condominium’s roof — however says it doesn’t matter. Underneath the constructing’s bylaws, Ocean View says, Riccardi is answerable for fixing the state of affairs.

“He inherited the issue from a earlier unit proprietor,” File mentioned of Riccardi. “And he’s accountable below the bylaws for rectifying the constructing violation.”

Riccardi has already spent greater than $425,000 in authorized charges and penalties and owes about $100,000 in courtroom penalties. Eradicating the extension will price one other $300,000 to $500,000 — and Riccardi’s spouse, Ann Marie Porto, 60, mentioned they haven’t any cash left.

Riccardi hasn’t labored for about 18 months, and a brand new job is on maintain pending the end result of his authorized battle.

“My husband is a damaged man,” Porto mentioned. “A damaged man.”

The occasions that put Riccardi on Rikers Island have been set in movement in 2016 when the swimsuit by Ocean View Tower accused him of constructing the addition to his 3,150 sq. foot property.

At about the identical time, the Division of Buildings, appearing on a name to 311, inspected the property and issued a violation for the addition, which is described in data as a sports activities room capped with a skylight roof, and a theater room.

A second violation was issued three months later when the situations weren’t corrected.

Each violations have been later dismissed by a decide for the Workplace of Administrative Trials and Hearings as a result of the condominium was wrongly cited on the violation’s paperwork as having made the extension, data present.

However Ocean View’s lawsuit went to trial, with Riccardi dropping in December 2020 and Decide Orlando Marrazzo Jr. ordering him to pay $126,000 in authorized charges, frequent expenses and different charges associated to the extension. Riccardi was later ordered to pay $150 for every day he failed to repair the property.

The decide additionally gave Riccardi the chance to demolish the extension and return the condominium to its unique state — or to “legalize” the house by modifying it so it adheres to the constructing code.

File says Riccardi did not legalize the property, although Riccardi mentioned the plans he introduced would have met that requirement.

Riccardi hopes a still-pending enchantment is determined in his favor — and is contemplating submitting chapter if he loses.

In the meantime, in April 2021, Decide Lizette Colon, who took over the case after Marrazzo retired, ordered Riccardi held in contempt for disobeying courtroom orders to take away the rooftop addition.

After a sequence of delays, Riccardi was jailed for 10 days in January, courtroom papers present. He was launched due to well being points. Over the next months, a number of extra courtroom hearings have been held, and Riccardi tried with out luck to discover a contractor keen to do the work.

“Nobody desires to do it,” mentioned Riccardi’s lawyer, Jorge Salva. “Nobody desires to get entangled. The property is poisonous.”

In late October, Riccardi was despatched again to Rikers below an order Colon issued that cited his “misconduct and disobedience and neglect and refusal to conform” with a orders to take away the unlawful addition.

Although he’s to be launched on Dec. 28, he could possibly be returned to jail if he doesn’t transfer to repair the state of affairs, Salva mentioned.

The condominium board “has a vendetta in opposition to him,” going again to when it improperly eliminated him as president of its board, Salva mentioned.

The removing occurred amid a sequence of feuds between Riccardi and his neighbors.

In 2016, Riccardi sued them, accusing them of falsely alleging he improperly put in gear within the foyer to “spy” on conversations, misappropriated cash, and took kickbacks from individuals doing enterprise with the constructing — together with $10,000 from the producers of a TV present known as “Mob Wives” that filmed at Ocean View.

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File mentioned Riccardi was correctly voted off the Ocean View board. Riccardi’s neighbors efficiently bought the lawsuit discontinued in 2021, courtroom papers present.

That case is separate from the hassle by Riccardi’s neighbors’ swimsuit to make him take down the extension on the Ocean View roof.

“It’s virtually like they’d slightly see him in jail than the construction eliminated,” Salva mentioned. ‘’It is a civil matter. This isn’t someone who intentionally dedicated an offense or refused to obey a subpoena to testify.

“[Riccardi] is principally in debtor’s jail.”

Riccardi, who will likely be behind bars for each Thanksgiving and Christmas, mentioned in jailhouse cellphone interview on Friday that folks he speaks to have a tough time believing his story.

“They chuckle their ass off,” he mentioned. “They will’t imagine that this occurred.

“They’ve by no means seen something like this.”