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Kalikow Development Associates, Ltd - Ruling 2, July 17, 2000

Ruling 2, July 17, 2000

STATE OF NEW YORK : DEPARTMENT OF ENVIRONMENTAL CONSERVATION

In the Matter of

Alleged Violations of Articles 19 and 71 of the New York State Environmental Conservation Law ("ECL")
and Part 201 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York,

- by -

KALIKOW DEVELOPMENT ASSOCIATES, LTD.

Respondents

RULING ON MOTION
TO AMEND COMPLAINT

DEC File No.
R2-19990823-109

July 17, 2000

On June 29, 2000, the Department Staff moved to amend the Complaint in the above matter, as described in the letter which was submitted by John F. Byrne, Esq. The proposed amendment of the Complaint would remove Kalikow Development Associates, Ltd. as a Respondent in this matter, and would instead name Kaled Management Corp. and Hewlett Associates, L.P. as Respondents. Hewlett Associates, L.P. is allegedly the facility owner and Kaled Management Corp. is allegedly the building manager.

On July 5, 2000, Michael Mulqueen, Esq. responded to the motion on behalf of Respondent Kaled Management Corp. (mistakenly named in the Complaint as "Kalikow Development Associates, Ltd."). Mr. Mulqueen stated that Kaled did not oppose the request to amend the Complaint with regard to naming the Respondents, but did dispute certain assertions in Mr. Byrne's letter with regard to Edward Kalikow's relationship to Hewlett Associates and information that Mr. Byrne had received about the identity of the building owner.

I am granting the motion to amend the Complaint, which motion is not in dispute. Three clarifications will be necessary, however. The Complaint prior to this amendment contained allegations regarding Kalikow Development Associates. Following amendment of the Complaint, there are two Respondents, so it may not simply be a matter of substituting one name for another. The Department Staff will need to serve an amended Complaint which states the current allegations in terms of Kaled, Hewlett or both Respondents.

Similarly, the Answer may need to be amended, and/or a separate Answer be provided on behalf of Hewlett.

I am also requesting that Mr. Mulqueen notify me regarding whether he is representing only Kaled Management Corp. or is also representing Hewlett Associates, L.P.

Ruling: The motion to amend the Complaint is granted.

_____________/s/_____________
Susan J. DuBois
Administrative Law Judge

Dated: Albany, New York
July 17, 2000

TO: John F. Byrne, Esq.
NYS Department of Environmental Conservation, Region 2
47-40 21st Street
Long Island City, New York 11101-5407

Michael A. Mulqueen, Esq.
Ross & Cohen, LLP
711 Third Avenue
New York, New York 10017

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