Friday, January 17, 2025

More STICHPROBEN For Bruce Tucker, Piermont Mayor.


Law Office of John J. Tormey III, Esq.
John J. Tormey III, PLLC
1636 Third Avenue, PMB 188
New York, New York  10128  USA
(212) 410-4142 (phone)
(212) 410-2380 (fax)
jtormey@optonline.net
https://www.tormey.org
 
REQUEST UNDER THE NEW YORK STATE FREEDOM OF INFORMATION LAW (“FOIL”)
 
Friday, January 17, 2025
 
VIA FAX: 1-800-332-2729, U.S. MAIL, and E-MAIL:
recordsaccessofficer@dfs.ny.gov
licensing@dfs.ny.gov
New York State Department of Financial Services (NYSDFS)
Attn: Records Access Officer
One State Street Plaza - 1 State Street, 20th Floor
New York, New York  10004-1511  USA
 
VIA U.S. MAIL and E-MAIL:
counsel@dfs.ny.gov
consumers@dfs.ny.gov
Kevin J. Bishop, Esq. - Executive Deputy General Counsel
Martha A. Lees, Esq. - Deputy General Counsel
New York State Department of Financial Services (NYSDFS)
Office of General Counsel
One State Street Plaza - 1 State Street, 20th Floor
New York, New York  10004-1511  USA
 
VIA U.S. MAIL and E-MAIL:
public-affairs@dfs.ny.gov
New York State Department of Financial Services (NYSDFSDFS)
Public Affairs Office
99 Washington Avenue, Box 177
Albany, New York  12210  USA
 
Re:     
FOIL Request: Bruce Edward Tucker a/k/a “Bruce Tucker”, Individually – Second-Mortgage Lender
Property: 2336 Bedford Avenue, Brooklyn, New York
US$130,000 Mortgage Dated September 30, 1991 With Mortgagor 2336 Bedford Realty Corp.
Reel 2754, Pg 2085 - Block 5126, Lot 59 - City Register Of The County Of Kings

Dear Ms. Lees, Mr. Bishop, and Colleagues:
 
I am an attorney in New York, and a citizen and resident of the Town of Orangetown and the County of Rockland. Under the New York State Freedom of Information Law:
http://www.dos.ny.gov/coog/foil2.html
and, as may be applicable, its state, federal, and other counterparts, including without limitation New York Public Officers Law, Article 6, Sections 84-90, and Title 5 of the United States Code, Section 552 (collectively herein referred to as “FOIL”), request is hereby made that each of you provide to this, my law office, full and complete copies of each and every document and other item of material dated, generated, or otherwise materializing from January 1, 1979 forward to the present day (collectively, “Records”) which may be at all responsive to the following requests:
 
1. Bruce Edward Tucker a/k/a “Bruce Tucker”. In summary, I am seeking all records relating to and individual named Bruce Edward Tucker a/k/a “Bruce Tucker”.
 
2. The Green Point Litigation. Bruce Tucker conducted business as a mortgage lender circa 1991, according to documents obtained from New York State Supreme Court, Kings County in a 1992-filed case concluded in 1998 known as Green Point Savings Bank v. 2336 Bedford Realty Corporation, Bruce Tucker, et al. (Sup. Ct. Kings Co., Index No. 18270/92). In that case, Bruce Tucker and others were foreclosed-upon by the bank. However, Bruce Tucker may well have engaged in mortgage lending activities before or after 1991, too. Bruce Tucker’s associate in the 2336 Bedford endeavor was named Carmine Spinella, who will be the subject of a second and different FOIL which I will direct to your office. The full Green Point Savings Bank v. Tucker litigation file is posted here:
https://unhandpiermont.blogspot.com/2025/01/bruce-tucker-gets-sued-and-foreclosed.html
 
3. The 2336 Bedford Mortgage Documents. Documents related to Bruce Tucker’s involvement in the second mortgage that he co-issued for that 2336 Bedford Avenue property in Brooklyn, can be found here:

4. In His Personal Name. As indicated above, it appears from the Green Point Savings Bank v. Tucker litigation file, that Bruce Tucker did business as a mortgage lender in his own personal name, as opposed to doing business in any apparent corporate name. While I find that surprising, I do not doubt the accuracy of the Green Point Savings Bank v. Tucker litigation file, or the research of the plaintiff-side Cullen and Dykman law firm in that litigation.
 
5. Bruce Tucker’s Address. It further appears from the Green Point Savings Bank v. Tucker litigation file, that Bruce Tucker’s address in 1992 was “107 Trumbull Street, Elizabeth, New Jersey 07206”. The address is also indicated as “P.O. Box 268, Elizabeth, New Jersey 07206”, and "c/o FMC Pillow, Inc., 107 Trumbull Street, Elizabeth, New Jersey 07206”. However, Bruce Tucker may have had other addresses while engaging in mortgage-lending activities, both before and after his 2336 Bedford Avenue endeavor in Brooklyn:
https://unhandpiermont.blogspot.com/2025/01/bruce-tucker-ersatz-brooklyn-mortgage.html
 
6. The Property Address. The doubly-mortgaged real property that was subject of the Green Point Savings Bank v. Tucker litigation, was located at “2336 Bedford Avenue, Brooklyn, New York 11226”.
 
7. Licensure. It is not yet clear to me whether real estate mortgage lenders like Bruce Tucker were required to be licensed by your agency or by any other agency in the 1990s and prior. That said, I am seeking all records relating to any licensure of Bruce Tucker or any other person or entity with whom he may have been associated such as Carmine Spinella, including without limitation all applications, renewals, suspensions, revocations, or any other actions taken against his licenses or those of his associates, if any.
 
8. Subject Matter Listing. I have reviewed your agency’s Subject Matter Listing Of Agency Records:
https://www.dfs.ny.gov/contact_us/foil_requests/subject_matter_listing
While I am not yet certain which of your agency’s records and departments would be most likely responsive to this FOIL regarding Bruce Tucker, I am identifying these of your categories, as of the likeliest greatest potential interest:
 
Annual Financial Statements
Annual Reports
Annual Special Investigation Unit (SIU) Reports
Application Files
Applications
Civil Investigations
Compliance/Fair Lending Examinations
Consent Orders
Consumer Assistance
Consumer Complaints
Continuing Education Records
Correspondence
Court Case Files
CRA, BDD and Fair Lending
Criminal Investigations
Discipline and Enforcement
Ethics
Examination Reports and Work Papers
Final Orders, Disciplinary Orders, and Consent Orders
Financial Statements
FOIL Files
Fraud Prevention Plans
General Files
Inspection Files
Investigation Files
Licensed Mortgage Banker Files and Mortgage banking
Licensee Files
Licensing Applications
Litigation Files and Subpoenas
Miscellaneous
Mortgage Loan Originator Files
Mortgage Loan Servicer Files
New Facilities
Office of General Counsel
Opinion Files
Referrals and Complaints
Registered Mortgage Broker Files
State Administrative Procedure Act (SAPA) Regulatory Files
Stipulations
 
9. Incidents, Complaints, Claims And Litigations. Specifically, I am seeking all Records reflecting, referencing, or otherwise relating to any incidents, complaints, claims, mediations, arbitrations, or litigations about, concerning, or otherwise relating to Bruce Tucker, if any.
 
10. Enforcement Actions. Specifically, I am seeking all Records reflecting, referencing, or otherwise relating to any enforcement or comparable actions against, about, concerning, or otherwise relating to Bruce Tucker, if any.
 
11. Fines Or Other Penalties. Specifically, I am seeking all Records reflecting, referencing, or otherwise relating to any fines or other penalties assessed against or otherwise imposed upon Bruce Tucker, if any.
 
12. License Transfers. Specifically, I am seeking all Records reflecting, referencing, or otherwise relating to any transfer of any license or other transfers of, by, for, or otherwise concerning Bruce Tucker, if any.
 
13. E-Mails And Correspondence. Specifically, I am seeking all Records of any e-mails, memos, notes, correspondence, documents, or other writings to, from, referencing, or otherwise relating to Bruce Tucker.
 
14. All Other Records. Specifically, I am seeking all other Records of any other kind or nature relating to Bruce Tucker.
 
15. Violations, If Any. Specifically, I am seeking all Records reflecting, referencing, or otherwise relating to any violation or claimed violation of any other laws, statutes, ordinances, regulations, rules, requirements, or standards by, concerning, or otherwise relating to Bruce Tucker – if any. Specifically, I am seeking each and every Record reflecting any “violation”, “reporting violation”, or other past, present, future, or anticipated violation, breach, or other transgression of federal, state, county, town, local, or other ordinance, rule, regulation, requirement, or other law or standard - including without limitation any violation of rules, regulations or other laws enforced by or otherwise relating to or concerning any of the following:
 
United States Department Of Justice (USDOJ)
U.S. Attorney’s Office (USATTY)
Federal Bureau Of Investigation (FBI)
Office of the New York State Governor (NYS GOV)
New York State Attorney General’s Office (NYSAG)
Your New York State Department of Financial Services (NYSDFS)
All other New York state and local agencies.
Any other potentially-relevant government agency or authority.
 
16. Definition Of “Records”. “Records” should be construed in the broadest sense and manner possible and should include “any information kept, held, filed, produced or reproduced by, with or for (your agency or office)... in any physical form whatsoever...” (FOIL,§86[4]) including without limitation all audio recordings, blog posts, correspondence, data maintained electronically, data, e-mails, executive summaries, extracts, faxes, instant messages, Internet posts, letters, log-book entries, memos, paper records, personal messages, social media communications, spreadsheets, summaries, synopses, telephone records, test-reports, visual recordings, and any other materials:
http://www.dos.ny.gov/coog/foil2.html#s86
 
17. Headings And Subheadings. The headings and subheadings used in this letter are for convenience of reference purposes only, and should not be construed to be words of limitation or otherwise of any substantive significance relative to this FOIL request.
 
18. Costs. If there are any copying or other fees for this, please let me know what they are and how they are calculated, before filling the request and forwarding the Records to me. As this FOIL should be considered a matter of public importance, and as its results will be shared with the general public and published, I am asking that any otherwise-applicable fees be waived for this document-production. I am also asking that all documents be provided to me electronically to the full extent possible, so as to obviate the need for any photocopying expense.
 
19. Denials And Appeals. In the event that any portion of my request is denied, please inform me of each of the specific reasons for any such denial in writing - and provide me with the name, address, and other contact information of the person or entity to whom an appeal should be directed.
 
20. Additional Requests. This FOIL request is not intended to be exhaustive, and I may make additional and follow-up requests.
 
I will appreciate a response from you and your office as soon as possible. I look forward to hearing from you. Thank you.
 
Respectfully, and with thanks,

John J. Tormey III, Esq.
 
cc:
VIA FAX: 1-518-474-1927, U.S. MAIL, and E-MAIL:
coog@dos.ny.gov
NYS Committee on Open Government (COOG)
Department of State
One Commerce Plaza, 99 Washington Avenue, Suite 650
Albany, New York 12231 USA
at
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