Table of Content
The court considers all possible grounds for relief that petitioner could be raising. See Burgos v. Hopkins, 14 F.3d 787, 790 (2d Cir. 1994) . Thus, the court will consider all possible bases for plaintiff's assertion of jurisdiction in addition to the statute that he cites in his complaint. Respondents Frank Loccisano and Paradise Mountain Mobile Home Park, Inc. are jointly and severally liable for these violations. Occasions of sanitary waste bypassing the treatment system and entering the unnamed tributary of Nine Mile Creek without tertiary treatment. Marcisofsky Aff., ¶ 13; Exs.
As noted by staff in its brief in support of the motion for summary order, a corporate officer may be held criminally liable for violations of statutes enacted to protect the public health, safety and welfare, where that officer had the authority and responsibility to prevent the violation. In the Matter of Sheldon Galfunt and Hudson Chromium Company, Inc. (Commissioner's Order, May 5, 1993) citing United States v. Park, 95 S. Ct. 1903 ; United States v. Dotterweich, 64 S. Ct. 134 , and United States v. Hodges X-Ray, Inc., 759 F.2d 557 (6th Cir. 1985) . Mr. Loccisano also contests the staff's efforts to find him personally liable for the violations. He asserts that he signed the 1989 consent order on behalf of Paradise and not as an individual and therefore there is no basis to find him personally responsible.
Disclosures and Reports
On or about February 25, 2004, Windsong Mountain LP took over the lease from Pittsford Management Services, LLC to the mobile home park. Robert Houle was the designated general manager for Windsong Mountain LP. Marcisofsky Aff., Ex. Any laboratory test or sample analysis required by this permit for which the New York State Commissioner of Health issues certificates of approval pursuant to section five hundred two of the Public Health Law must be conducted by a laboratory which has been issued a certificate of approval.
Young Aff., Exs. The respondent did not reply to this letter prior to staff's initiation of this enforcement proceeding. The respondents have submitted a proposal for engineering services to address the problems with the sewage treatment facility. Respondents also make a general denial of all the "allegations and violations claimed by DEC . . ." on the basis that there is inadequate evidence to support them.
Blue Haven Estates
With respect to a payment schedule, I concur with the ALJ that, in the circumstances of this case, a payment schedule is appropriate . Such a schedule, however, should be established in this order to clearly delineate the obligations that respondents must satisfy. YP - The Real Yellow PagesSM - helps you find the right local businesses to meet your specific needs. Search results are sorted by a combination of factors to give you a set of choices in response to your search criteria. “Preferred” listings, or those with featured website buttons, indicate YP advertisers who directly provide information about their businesses to help consumers make more informed buying decisions. YP advertisers receive higher placement in the default ordering of search results and may appear in sponsored listings on the top, side, or bottom of the search results page.
Department staff is represented by Randall C. Young, Regional Attorney of the Department's Region 6 office. The respondents are represented by Stuart E. Finer, Esq., Utica, New York. All data gathered to demonstrate compliance and all reports prepared pursuant to this order must be retained at the facility for a period of five years and made available on request by Department staff. Unless otherwise specified, all information recorded on the discharge monitoring report must be based on measurements and sampling carried out during the most recently completed reporting period. Respondents shall comply with the interim conditions and limitations that were set forth in the Schedule to Department staff's motion for order without hearing, a copy of which is attached to this order. Pursuant to 6 NYCRR 622.12, Department staff's motion for order without hearing is granted in part.
Pinecrest Mobile Home Park
Plaintiff alleges that in July of 2011, he and his family were illegally evicted from their mobile home, located in defendant Paradise Mountain Mobile Home Park ("Paradise"). (Compl.; First Claim at p.5). Plaintiff claims that defendant Paradise broke into his home; confiscated his animals; boarded up the doors and windows; told him that his family was not allowed into the park; and prevented him from retrieving any of his property.
While he checked off the box for type of ownership as "corporate," there is no indication on this form of any corporate entity's identity. As a result of the failure of Windsong Mountain/Robert Houle to pay rent to Paradise, Mr. Loccisano stepped in to inform the tenants that their rent should be paid to Paradise as of September 1, 2006. 6B. This letter goes on to report the measures he was taking to rectify the problems with the operation of the wastewater treatment plant. Staff argues that because the respondents had signed a consent order in 1989 to rectify the operation of this facility and because the Department staff had made repeated unsuccessful efforts to obtain compliance the penalty should be significant. Staff also requests that the Commissioner prohibit the respondents from authorizing new connections to the facility until a SPDES permit is issued and that all discharges from the facility are ceased within 120 days of the Commissioner's order unless the Department has issued the respondents a SPDES permit. Mr. Loccisano claims that he attempted to "file a new permit and was prohibited from filing same without consent of Robert Houle and Windsong Mountain . . ." He argues that it was not his responsibility that DEC failed to "take the application on behalf of " Loccisano Aff., ¶11.
El Dorado Mobile Estates
Seeking a permanent mobile home residence in Paradise, or visiting in your RV? Paradise Ridge Mobile Home Community is equipped to meet your needs. Fresh landscaping and new manufactured homes adorn this property, and is walking distance to a beautiful, local elementary school.
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The site includes a sewage collection and treatment system (the "facility"). During the period that Department staff has identified for purposes of establishing violations related to the facility, respondent Loccisano was directly in charge of the facility. With MHVillage, its easy to stay up to date with the latest Valley Center mobile home park listings. When browsing communities, you can find mobile home lots, view homes, read about park amenities, and more. You can also narrow your search to show specific community types using the sort and filter options available. Choose from senior communities, all-age communities, resident-owned communities, pet-friendly parks, and several others.
To state a claim under section 1983, the plaintiff must allege both that the defendant has violated plaintiff's rights under either the Constitution or laws of the United States and that the defendant acted "under color of state law." Rae v. City of Suffolk, 693 F. 2d 217, 223 (E.D.N.Y. 2010); 42 U.S.C. § 1983. A review of plaintiff's IFP application shows that he declares he is unable to pay the filing fee. This court agrees, and finds that plaintiff is financially eligible for IFP status. 1 In his letter of September 27, 2007, Mr. Finer explained that his client was in Brooklyn and therefore he could not present a signed and notarized affidavit. The affidavit submitted on October 31, 2007 was notarized by Mr. Jesus Perez.
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Find the perfect park in Valley Center using the tools above. Department staff's motion, respondents' submissions filed in response thereto, and Department staff's sur-reply were provided to the Department's Office of Hearings and Mediation Services. The matter was assigned to Administrative Law Judge ("ALJ") Helene Goldberger, who prepared the attached hearing report. I hereby adopt ALJ Goldberger's report, in part, as my decision in this matter, subject to the following comments. Marcisofsky Aff., Exs.
Plaintiff has also filed a motion to proceed in forma pauperis ("IFP") (Dkt. No. 5). Ordering an approvable engineering report that details the physical condition of the facility, the repairs/upgrades necessary to ensure that all sewage is collected and treated along with a schedule for same and an approvable plan to reduce infiltration/inflow into the sanitary collection system. By letter dated October 17, 2007, Mr. Finer submitted additional materials in support of his clients' position.
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