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Legal battle over 338 Glenerie Boulevard drags into 2026

Crispin Kott by Crispin Kott
February 25, 2026
in Politics & Government
0

According to an update during an Ulster Town Board meeting last week, the ongoing saga of a property 338 Glenerie Boulevard has spilled into 2026, and town officials said it’s difficult to know when or how it will end. 

In the latest update provided by the town’s Attorney Jason Kovacs, also a member of the Ulster County Legislature (District 3), said Catello Viviani has appealed a July 25, 2025 decision by State Supreme Court Judge Julian Schreibman, that would have allowed the town to continue clearing the property. Kovacs said Viviani had six months to file the appeal, which appeared to have happened prior to the January 25, 2026 deadline. 

“He did retain new counsel for the appellate court matter, and that counsel requested a 60-day adjournment to March 25 to perfect the appeal,” Kovacs said. “It would be advisable not to take any action because we are unclear what the appellate court would do.”

The dispute between the town and Viviani is not new. At a town board meeting held on Thursday, July 21, 2022, officials detailed an order to remedy notice covering 14 violations against Viviani dated July 13 and, according to town building inspector Warren Tutt, delivered by both certified and regular mail.

According to Ulster County records from 2022, on the property — which Viviani purchased on July 3, 2018 for $104,000 — were ten buildings, nine unoccupied and among the violations cited by the Town of Ulster were dumping and outdoor storage of waste; maintenance of grass lawns; weeds and other rank or noxious vegetation; general sanitation; and numerous issues with the structures themselves.

On August 4, 2022, the town board held a public hearing about the Glenerie Boulevard property described by neighbors as a “debacle.” due to disrepair. At the meeting, Viviani claimed to not have received the violation notices filed by the town. He also chided his neighbors for their criticism.

In May 2024, the Ulster Town Board authorized Kovacs to commence a civil action in New York State Supreme Court on behalf of the town against Viviani, for allowing his property at 338 Glenerie Boulevard fall into disrepair. That request was granted in July 2024.

On June 6, 2025 cleanup crews arrived at 338 Glenerie and were allegedly met with verbal hostility by Viviani. Since then, the cleanup has stalled.

“(Viviani) can fire his lawyer as many times as he wants to,” Kovacs said. “Now in terms of how many extensions can he receive, he can probably get one more 30-dayextension.I’m very familiar with the appellate court process and that is routinely granted.”

Kovacs said Viviani can’t kick the can down the road forever, though he advised that the town act with caution for the time being. 

He already has his first strike, so to speak, so he can’t do this unlimited times,” Kovacs said. “If he tries to go for a third or more extension, which is not unheard of at the appellate division,

he would have to provide notice to him as counsel for the town and then we would have a chance to respond. So there’s no stay in effect, however, we are concerned that if…the case is somehow reversed, we are responsible.”

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Crispin Kott

Crispin Kott

Crispin Kott was born in Chicago, raised in New York and has called everywhere from San Francisco to Los Angeles to Atlanta home. A music historian and failed drummer, he’s written for numerous print and online publications and has shared with his son Ian and daughter Marguerite a love of reading, writing and record collecting.

 Crispin Kott is the co-author of the Rock and Roll Explorer Guide to New York City (Globe Pequot Press, June 2018), the Little Book of Rock and Roll Wisdom (Lyons Press, October 2018), and the Rock and Roll Explorer Guide to San Francisco and the Bay Area (Globe Pequot Press, May 2021).

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