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Town Board pauses decision on declaring North Babylon store a nuisance after third underage-sale arrest
Summary
Town of Babylon attorneys presented records of three arrests tied to Milk and Things at 1287A Deer Park Ave.; the board closed the public hearing but reserved decision and directed staff to inspect the store's new ID scanner and interview employees.
The Town of Babylon Town Board on Oct. 8 heard legal and police evidence about repeated underage sales and other arrests at Milk and Things, a convenience store at 1287A Deer Park Avenue in North Babylon, and reserved a legal decision after hearing testimony.
Town attorneys told the board the property had three recent arrests for sales of tobacco or nicotine products to minors and listed additional drug-possession incidents in the store's history. "My recommendation in my memo is that this property be deemed a nuisance," senior assistant town attorney Jerry Guarino said as he reviewed arrest reports and the town attorney's file.
The presentations established why the item is before the board: Guarino and fellow senior assistant town attorney Jorge Rosario reviewed a Feb. 7, 2024 arrest and a Sept. 9, 2024 arrest tied to the same employee, and a Sept. 6, 2025 arrest of a different employee for unlawfully dealing with a minor. Suffolk County police officer Troy Henshaw described the Sept. 6, 2025 operation: "He wasn't asked for any ID and the transaction was made flawlessly," Henshaw said, describing an undercover underage purchase of a nicotine bar at the store.
Store owner Dilip Kumar Shaw and his attorney, Michael McCarthy, told the board they are not contesting that the violations occurred and urged the board to consider steps Mr. Shaw said he has taken to prevent recurrence: posted signage, online tobacco-training certificates for four employees and a newly installed ID scanner. "He employs four people at this location. So each of them has had to take a training program that they've all recently completed," McCarthy said.
Board members said the prior record and neighborhood complaints required follow-up. Supervisor Schaeffer said the town would want staff and counsel to inspect the scanner and meet the employees. Councilman Martinez and others asked that the town attorney's office and the quality-of-life team revisit the site unannounced and report back. "We're not making a decision today because we want this additional information," Supervisor Schaeffer said.
No nuisance designation or penalty was adopted at the meeting. The board closed the public hearing and reserved decision, directing the town attorney's office and the quality‑of‑life team to visit the store, interview the current employees, examine the ID-scanning equipment and report their findings to the board.
The public hearing included a town witness from the quality-of-life team, Noah Rosario, who described undercover purchases of flavored nicotine bars and alcohol at the drive‑through; his testimony was used to corroborate police reports. Suffolk County Police Officer Troy Henshaw described the investigative unit's underage buy and the cashier's subsequent identification and arrest.
The board asked the town attorneys to coordinate with Suffolk County police in follow-up inspections and to report back with their findings before taking any final legal action on the property.
