A gay couple from Roslyn is claiming a small victory Monday after charges brought against them for not leaving town hall after being denied a marriage license were dropped.

Dan Pinello and Lee Nissensohn asked the Town of Oyster Bay clerk for a license on April 28. After they were turned away, they staged a sit-in protest and were charged with trespassing.

?We are delighted that the prosecution acknowledged the fact this was not criminal and that this was a matter of civil protest,? Pinello says.

The couple, like many, is hoping the state will eventually allow gay couples to marry. Assemblyman Chuck Lavine (D-Glen Cove) says state Sen. Joe Bruno is holding up a bill already passed by the Assembly that would allow gay marriage.

Pinello and Nissensohn say they plan to get married in California, where gay marriage will be legal starting June 17.

The New York State Senate has until June 23 to vote on the marriage rights bill.