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A lawyer defending a Sloan restaurant owner against charges of violating the village noise ordinance has asked the village justice to withdraw from the case.

The request could delay the case against the owner of Misnik's Reiman Hall at 350 Reiman St., which has been pending since last August.

The charges arise from complaints about noise at the restaurant since it opened in 1992 and especially during the summer.

Village Attorney Donald R. Guerra said he was ready for trial Wednesday when the defense lawyer asked Justice Henry R. Gabryszak to disqualify himself from hearing the case.

Town Justice Thomas S. Kolbert of Cheektowaga could hear the case as acting village justice, or the trial might be transferred to another village court.

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