North Hempstead settles with New Hyde Park mosque, paving way for expansion

The North Hempstead Town Board on Wednesday approved a settlement with the Hillside Islamic Center in New Hyde Park, paving the way for its expansion and reversing an earlier denial that prompted state and federal lawsuits.

The mosque applied for the expansion in 2021, and the town's planning department recommended approval two years later. The expansion would see the 5,428-square-foot-mosque install a third story, adding another 6,600 square feet, according to a town resolution.

The town board rejected the plan in January 2024 after a series of contentious public hearings, during which residents raised concerns about broken car windows and blocked driveways, among other issues.

The mosque filed state and federal lawsuits against the town. Hillside won the state case, but the town filed an appeal in state appellate court.

The board voted 4-0 to approve the settlement Wednesday evening after going into executive session for about 30 minutes. Town Attorney Richard Nicolello said the town reached a settlement that afternoon. North Hempstead plans to withdraw its appeal in the state lawsuit, Nicolello said. Neither side provided details about the settlement.

"I've had substantial involvement in this litigation," Nicolello said Wednesday night. "It is my strong recommendation that the board approve this resolution."

Debate over timing

Supervisor Jennifer DeSena, a registered Democrat who caucuses with Republicans, voted in favor of the settlement, along with Republican council members Ed Scott, Dennis Walsh and Yaron Levy. Democratic council members Mariann Dalimonte, Christine Liu and Robert Troiano abstained. Dalimonte said she wanted to give residents more time to weigh in on the approval and avoid a violation of the state's Open Meetings Law. 

Troiano had put forth a motion to delay the vote until next week's board meeting. The Republican caucus voted down the motion, 4-3, at Nicolello's recommendation. 

A resolution to consider an amended site plan for the expansion was added to the agenda on Monday afternoon. Earlier Monday, Newsday reported on how municipalities across the country and Long Island, including in North Hempstead and Oyster Bay Towns, cite their codes to block mosque expansions. The settlement includes the site plan approval, town spokesman Umberto Mignardi told Newsday.

Muhammad Faridi, a partner at Linklaters LLP, a Manhattan-based law firm, confirmed a settlement had been reached. He said in a statement: "With this agreement, they can finally practice their faith in an adequate house of worship and begin a new chapter in harmony with their neighbors.”

Concessions struck

The facility regularly hosts about 600 to 700 congregants for Friday night prayers, mosque leaders have said. During Ramadan, the holiest month on the Muslim calendar, congregants pray outside in a tent due to overflow. 

“This case has always been about the right to practice our faith openly and without interference," Abdul Bhuiyan, president of the mosque's board of trustees, said in a statement on Wednesday. "Today’s agreement marks an important step forward — not only for our mosque, but also for the greater Long Island community and houses of worship of all faiths.”

The mosque agreed to a curb cut on North 2nd Street that "discourages" left turn exits, according to town documents. The mosque will be prohibited from using tents for services and must hire a parking attendant for Friday afternoon prayers and Ramadan, officials said.  

Afaf Nasher, executive director of the Council on American-Islamic Relations New York, said in a statement that the approval follows “years of unnecessary delay and obstacles that raised serious concerns about unequal treatment and religious discrimination. No community should be forced to go to court simply to exercise their fundamental right to worship."

The board also voted 4-3 to retroactively hire the Moritt Hock & Hamroff law firm as special counsel in the federal case. 

Hillside was represented in the federal lawsuit by Linklaters LLP, a Manhattan-based firm that recently represented another mosque, Masjid Al-Baqi, against the Town of Oyster Bay. After Oyster Bay denied Masjid Al-Baqi's bid to expand in Bethpage, the mosque sued in federal court. The sides settled last fall, and Oyster Bay agreed to a scaled-down build. The lawsuit cost taxpayers millions of dollars, Newsday has reported.