Cyril's Plans Yard Sale; Landowners Seek New Tenant

Cyril Fitzsimons, the operator of Cyril's Fish House on Napeague since at least 1990, has served his last B.B.C. (Banana Bailey's Colada) at that location, according to the restaurant's Facebook page. "There will be huge yard sale on May 28th," an announcement posted Sunday evening reads. "Everything from restaurant equipment, sealed can goods, pots, microwaves, ovens, artwork, pictures, tables, chairs, etc., everything except the building."

"Two refrigerated containers are also available," the announcement concludes, referencing two of the items at issue in a trial two weeks ago in which a jury found Mr. Fitzsimons's corporation Clan-Fitz guilty on 45 counts of operating the business without needed permits.

The announcement makes official what had been obvious since before the trial began in East Hampton Town Justice Court on May 3: Mr. Fitzsimons, the owner of the business, and Michael Dioguardi and family, the owners of the land, had come to a parting of the ways after years of battling together with the town over zoning infractions.

According to both the town attorney's office and the attorney for the Dioguardis, Christopher Kelley, the family had agreed to remove the structures that the town had said were illegally placed on the property. In addition, the stipulation signed by the Dioguardi family included conditions of operation that Mr. Fitzsimons's attorney, John T. Powers Jr., called "unconscionable" after the four-day trial ended. Cyril's, which police estimated over the years would sometimes have 500 to 600 people on its grounds, would only be allowed to have 150 occupants, including workers.

Mr. Kelley said Tuesday that the yard sale Mr. Fitzsimons was planning would involve selling only his possessions, and that the Dioguardi family was moving ahead with its renovation of the site to bring the restaurant itself into compliance with terms of the stipulation by next Thursday, the agreed-upon deadline for doing so.

"The Dioguardis are not involved" in the yard sale, Mr. Kelley said. "They will be looking for a new tenant."