
an affidavit ("Rivers affidavit") of Keith W.Contino, Real Estate Specialist 2, DEC, dated Ap an affidavit ("Contino affidavit") of Michael J.
Keating, Real Estate Officer 2, DEC, dated Ap an affidavit ("Keating affidavit") of John P.an affidavit ("Scanlon affidavit") of John M.an attorney's brief ("staff brief") in support of the MOWH, dated Ap.an affidavit of service of the MOWH on respondent, dated Ap.The Chief ALJ assigned the matter to me.ĭepartment staff's filings of Septeminclude the following: Under cover letter dated September 25, 2008, Department staff forwarded a copy of the MOWH, a brief in reply to respondent's filing in opposition to the MOWH, and supporting papers to the Department's Chief Administrative Law Judge ("ALJ"), James T. Kleinke, III, Registered Landscape Architect, dated September 10, 2008.
an affidavit ("Kleinke affidavit") of Edward F. an affidavit ("Bartell affidavit") of respondent, dated Septemand. Gerstman, Esq., counsel to respondent, dated Septem an affidavit ("Gerstman affidavit") of Marc S. a memorandum of law ("respondent memorandum") in opposition to the MOWH and in support of the cross motion, dated Septem. a notice of cross motion ("cross motion") to exclude alleged statements by respondent and to adjourn the proceedings, dated Septem. 2 Respondent's filing included the following: This matter first came before the Office of Hearings and Mediation Services upon the filing of respondent's papers in opposition to the MOWH, under cover letter dated September 4, 2008. By its MOWH, staff alleges that respondent violated provisions of article 9 of the Environmental Conservation Law ("ECL") by his unauthorized use of State forest preserve lands in Herkimer County, and by restricting the free use of those lands by the public. Bartell on April 29, 2008, pursuant to section 622.12 of title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York ("6 NYCRR"). Staff served the MOWH on respondent Eugene F. This ruling addresses a motion for order without hearing ("MOWH"), dated April 29, 2008, filed by staff of the New York State Department of Environmental Conservation ("DEC" or "Department"). In the Matter of the Alleged Violations of Sections 9-0301 and 9-0303 of the Environmental Conservation Law of the State of New York, STATE OF NEW YORK: DEPARTMENT OF ENVIRONMENTAL CONSERVATION