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Staff should be authorized to establish this schedule. In addition, I do not find it necessary for the Commissioner to find that the facility is in poor repair. The staff is not basing its charges on these claims and the respondents will be required to do a full review of the state of the facility as part of their permit application. Therefore, such a finding is superfluous. I find that the staff's penalty request is reasonable.
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.
Ponderosa Mobile Estates
SPDES permit from Paradise to Pittsford Capital V pursuant to an application for permit transfer submitted by Frank Loccisano. The mobile home park was renamed Windsong Mobile Home Park. Paradise Mountain Mobile Home Park is located at Hulser Road, Town of Trenton, Oneida County, New York. On August 9, 1977, Country Village Park, Inc. transferred the property to Frank Loccisano.
With its rustic, suburban atmosphere at the foot of the Sierra Nevada Mountains, Paradise offers an idyllic, affordable lifestyle for folks of all ages. Pursuant to 6 NYCRR § 622.12, the proof submitted by the Department staff in its motion for order without hearing establishes the violations sufficiently to warrant the granting of summary judgment under the CPLR. The respondents have failed to raise any substantive dispute of fact sufficient to warrant a hearing. The relief requested by Department staff is authorized under the ECL and is consistent with prior orders of the Commissioner. Respondent Frank Loccisano is president of respondent Paradise Mountain Mobile Home Park, Inc. which owns and operates a mobile home trailer park located at Hulser Road, Town of Trenton, Oneida County, New York (the "site").
Price & Sales History for 18218 Paradise Mountain Rd Spc 94
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.
FAILURE TO OBJECT TO THIS REPORT WITHIN FOURTEEN DAYS WILL PRECLUDE APPELLATE REVIEW. Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993) (citing Small v. Sec'y of Health and Human Servs., 892 F.2d 15 (2d Cir. 1989)); see also 28 U.S.C. § 636; Fed. Retains his preincarceration domicile). Thus, plaintiff may not bring this case as a diversity action. There appears to be no other basis for bringing this eviction and foreclosure action in federal court.
El Dorado Mobile Estates
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.
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.
Respondents submitted along with this affidavit a handwritten statement of Mr. Loccisano that appears to respond to some of the contentions in Mr. Marcisofsky's affidavit. Respondent Loccisano maintains that the facility was leased to Pittsford Capital and subsequent entities. He states that once he was no longer receiving his lease payments, he took back control of the enterprise in the fall of 2006.
A private party may act under color of state law if he or she engages in conduct that constitutes willful participation in joint activity with the state. Sybalski v. Indep. Home Living Program, Inc., 546 F.3d 255, 257 (2d Cir. 2008) . The nexus to the state must be so close as to be fairly treated as that of the state itself.
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Although staff has presented a lengthy history of noncompliance at Paradise, it is not seeking to find the respondents liable for that entire period. Rather, it is only asserting that the respondents are responsible for discharging without a permit during the period that they regained control of the mobile home park beginning in September 1, 2006. See, motion for order without hearing, p. 2. Accordingly, Department staff is entitled to an order without hearing, as recommended by the ALJ. By delaying the submission of the SPDES application and the related repairs to the facility, the respondents have saved themselves money although the staff has not presented any information as to what those sums would be.
ADVANCED SEARCH FORM Utilize our advanced search form to filter the search results by Company Name, City, State, Postal Code, Filing Jurisdiction, Entity Type, Registered Agent, File Number, Filing Status, and Business Category. To survive dismissal for failure to state a claim, the complaint must contain sufficient factual matter, accepted as true, to state a claim that is "plausible on its face." Ashcroft v. Iqbal, 556 U.S. 662, 678 (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 ). "Threadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Id. (citing Bell Atl. Corp., 550 U.S. at 555). The court will now turn to a consideration of the plaintiff's complaint under the above standards. Oneida County, located in the Mohawk Valley Region of central New York, is named in honor of the Oneida, an Iroquoian tribe.
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