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RGLL, Inc. - Ruling, August 21, 2003

Ruling, August 21, 2003

STATE OF NEW YORK : DEPARTMENT OF
ENVIRONMENTAL CONSERVATION

In the Matter of the Alleged Violation of Article 17
of the Environmental Conservation Law and Part 612 of
Title 6 of the Official Compilation of Codes, Rules and
Regulations of the State of New York by

RGLL, INC.
Respondent

RULING ON MOTION OF COMPEL DISCLOSURE
R4-1975-970M2

Procedural Background

The New York State Department of Environmental Conservation (DEC Staff, Department) commenced this action pursuant to Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR) Part 622 by service of a Notice of Hearing and Complaint on RGLL, INC. (Respondent). An Answer was timely served by Respondent. DEC Staff is represented by Ann Lapinski, Esq. assistant regional attorney and the Respondent is represented by Richard Feirstein, Esq.

DEC Staff filed a copy of the Motion to Compel Disclosure on the Office of Hearings and Mediation Services and the matter was assigned to Administrative Law Judge ("ALJ") Molly T. McBride.

DEC Staff served a Notice to Produce on Respondent's counsel on November 22, 2002. Pursuant to 6 NYCRR 622.7 "where the production and inspection of documents is sought, the requested documents must be furnished within 10 days of receipt of the discovery request unless a motion for a protective order is made." No motion for a protective order was made by the Respondent. More than 10 days have elapsed and the demand remains unanswered. DEC Staff served a Motion to Compel Disclosure pursuant to 6 NYCRR 622.7(c)(2).

Respondent has not responded to the Motion to Compel Disclosure and the time to respond has expired.

Ruling

DEC Staff's motion to compel disclosure is granted and Respondent's shall respond to the discovery requests within 20 days of the date of this Ruling. Pursuant to 6 NYCRR 622.7(c)(3), in the event that the Respondent fails to comply with this Ruling, the Respondent shall be precluded from introducing any of the requested documents at any hearing in this matter and failure to comply will allow the ALJ or the Commissioner to draw the inference that the material demanded is deemed unfavorable to the noncomplying party's position.

_____________/s/______________
Molly T. McBride
Administrative Law Judge

Albany, New York
August 21, 2003

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