Can I Get A Witness?

 
Law Office of John J. Tormey III, Esq.
John J. Tormey III, PLLC
1636 Third Avenue, PMB 188
New York, NY  10128  USA
(212) 410-4142 (phone)
(212) 410-2380 (fax)
jtormey@optonline.net
https://www.tormey.org
 
SECOND REQUEST
UNDER THE NEW YORK STATE FREEDOM OF INFORMATION LAW (“FOIL”)
 
Monday, July 1, 2024
 
VIA U.S. MAIL and E-MAIL:
troyny@govqa.us
 
Hayley Hill - FOIL Request Center
City of Troy, New York - Troy City Hall
433 River Street, Suite 5001
Troy, New York 12180 USA
 
Dear Hayley:
 
As discussed, as a follow-up FOIL request further to my June 11, 2024 FOIL with those same preambles applying here, I need to ask you and your colleagues to please broaden the search beyond just the 1869 Highland Avenue property, and specifically re-query these following City of Troy departments when doing so:
 
Engineering Department
Planning Commission
Planning Department
Zoning Board of Appeals
Code Enforcement
Building Permit Office
City Council
Engineering
Housing and Community Development
Mayor’s Office
Public Utilities
Public Works
Treasurer’s Office
Assessor’s Office
City Clerk’s Office
 
A confidential informant (C.I.) just indicated to me on the phone this morning, that the landlord-tenant debacle at Frank DeCarlo’s 1869 Highland Avenue property in Troy was essentially part of a much larger controversy. Specifically, the C.I. informs me that:
 
1. There are woods inhabited by wildlife across the street or road from the 1869 Highland Avenue property, and adjacent to the house on 1886 Highland Avenue. Much of that woods property was apparently owned by a Fran G. Lansing and her brother. Fran Lansing and her brother also owned the house at 1886 Highland Avenue. Ms. Lansing passed away in 2020.
 
2. At some point in time, presumably from Year 2014 forward, but perhaps even earlier, Frank DeCarlo, his company or companies, and perhaps his associates as well, sought to develop and build on the woods property, by inter alia cutting down trees. In the C.I.’s words, these developers intended to slide in pre-built homes thereafter. The woods property is somewhat on a slant or a hill. The neighbors on Highland Avenue apparently rejected the DeCarlo concept and plan given the risk of mudslides, and the deleterious effect that the development would have on wildlife. This fact-pattern is therefore eerily similar to our current fact-pattern involving DeCarlo in Piermont, New York.
 
3. As for the neighbors on Highland Avenue, “No one wanted it”. There were multiple meetings, notices, correspondence, and apparently a lot of other documentation generated, particularly that of a planning, zoning, and code nature. Perhaps the reason that this documentation did not come back to me in response to my original June 11, 2024 FOIL, is because I had yet to learn of the existence of the Lansing-owned property and DeCarlo’s intent to build over the woods property. I still do not know if the subject woods property has ever even been assigned an address by the City of Troy. All I know is that the woods property is adjacent to, or at least in very close proximity to, 1886 Highland Avenue.
 
4. The C.I. indicated that the neighbors won their fight and DeCarlo withdrew his plan. I do not yet know when or how. Naturally I am looking for documented confirmation of that.
 
As for Frank DeCarlo and his associates, here again are the names of DeCarlo and his entities, including permutations and misspellings. The first two names are newly-discovered New Jersey entities that may or may not have some connection to the foregoing:
 
Troy Partners 1869 LLC
Troy Partners 1489 LLC
Francis Steven (Frank) DeCarlo
Frank DeCarlo
Franc[sic] S. Decarlo
Francis De Carlo
Francis DeCarlo 
Francis Decarlo
Francis S. Decarlo Jr.
Francis S. Decarlow[sic] Jr.
Frank A.[sic] Decarlo Jr.
Frank De Carlo
Frank Decarlo 
Frank DeCarlo Jr.
Frank Delarlo Jr.
Frank Di Carlo[sic]
Frank Dicarlo[sic]
Frank DiCarlo[sic]
Frank S. Decarlo
francisdecarlo@yahoo.com
FDC Development LLC
FDC Development
FDC
FDC Contracting
FDC Contracting Co Inc.
FDC Contracting Co., Inc.
FDC Development & Construction Management
F. DeCarlo Construction 
DeCarlo Construction
Decarlo Construction
decarlo2@optonline.net
fdc.construction@yahoo.com
fdcdevelopment.com
Piermont Developers Limited Liability Company
 
As for what Records I am seeking, it would be all Records relating to the above, including without limitation:
 
All Records of planning, zoning, applications, approvals, permits, permissions, variances, inspections, code enforcement, land use, intended land use, environmental concerns, building, construction, insurance, bonding, escrows, taxation, financing, complaints, and neighborhood opposition, including without limitation e-mails, minutes, resolutions, and deliberative materials.
 
Respectfully, and with thanks,

John J. Tormey III, Esq.