REQUEST
UNDER THE NEW YORK STATE FREEDOM OF INFORMATION LAW (“FOIL”)
REQUEST UNDER THE NEW JERSEY OPEN PUBLIC
RECORDS ACT (“OPRA”)
Saturday,
May 31, 2025
VIA U.S. MAIL and E-MAIL:
joshua@njpalisades.org
joshlaird@aol.com
Joshua Laird, Executive Director
Palisades Interstate Parks Commission (PIPC)
New York State Office of Parks, Recreation and
Historic Preservation (OPRHP)
625 Broadway
Albany, New York
12238 USA
VIA U.S. MAIL and E-MAIL:
foil@parks.ny.gov
Palisades Interstate Parks Commission (PIPC)
New York State Office of Parks, Recreation and
Historic Preservation (OPRHP)
Attn: Records Access Officer
625 Broadway
Albany, New York 12207
USA
VIA U.S. MAIL and E-MAIL:
news@parks.ny.gov
Dan Keefe, Public Information
Officer
New
York State Office of Parks, Recreation and Historic Preservation (OPRHP)
Public Affairs Bureau
625 Broadway
Albany, New York 12207 USA
Re:
FOIL And OPRA Request – “Tallman
Beach And Pool Club”
“Tallman Beach and Pool Club LLC” - 2 Tallman Mountain
Road, Sparkill, NY
All Health, Sanitary, Food, Drink, Beverage, Infestation,
And Safety Records
Dear
Mr. Laird, Mr. Keefe, and Colleagues:
Without
limitation to the further specificity of my itemized queries hereinbelow, this
FOIL and OPRA request seeks all Records relating to (A) the restaurant known as
“Tallman Beach And Pool Club” currently located at 2 Tallman Mountain
Road, Sparkill, NY 10976 USA (the “Restaurant”), (B) the thereto-associated
lessee-entity known as Tallman Beach and Pool Club LLC (the “LLC”), and (C)
its apparent principal William Procida.
This
FOIL and OPRA request includes without limitation all health, sanitary, food, beverage,
and safety Records from the time-period commencing January 1, 2015 through
the present day. My understanding is that the LLC executed a lease with your
Palisades Interstate Parks Commission in December 2015 and then “re-opened”
the Restaurant to the public in May 2016. Among other things, I am hereby
requesting all Records relating to that leasehold arrangement including without
limitation a full and complete copy of the lease itself and any amendments or
other modifications thereto, if any.
The
Restaurant, the LLC, and William Procida are hereafter referred to herein as
the “Tallman Beach Parties” for ease of reference. Public-record
documents which I have thusfar culled from the Internet regarding the Tallman
Beach Parties include those found here:
https://unhandpiermont.blogspot.com/2025/05/the-tallman-beach-and-pool-club-ny-food.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-2.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-june-14.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-2_31.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-1.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-29.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-6.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-june-23.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-22.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-29_31.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-6-2023.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-22.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-27.html
https://unhandpiermont.blogspot.com/2025/05/oooh-look-whos-next.html
https://unhandpiermont.blogspot.com/2025/05/the-tallman-beach-and-pool-probe-part-i.html
https://unhandpiermont.blogspot.com/2025/05/the-tallman-beach-and-pool-probe-part-ii.html
https://unhandpiermont.blogspot.com/2025/05/the-tallman-beach-and-pool-probe-part.html
I
am an attorney in New York, and a citizen and resident of the Town of
Orangetown and the County of Rockland. Specifically, under:
I. The New York State Freedom of Information Law, New
York Public Officers Law, Article 6, Sections 84-90 (“FOIL”):
http://www.dos.ny.gov/coog/foil2.html
and, as may
be applicable, its state, federal, and other counterparts, including without
limitation:
II. The New Jersey Open Public Records Act (“OPRA”),
P.L. 2001, c. 404, N.J.S.A. 47:1A-1 et seq.:
https://nj.gov/opra/
https://www.nfoic.org/new-jersey-sample-OPRA-request
https://en.wikipedia.org/wiki/Open_Public_Records_Act;
and
III. Title 5 of the United States Code, Section 552 (“FOIA”);
(all collectively herein referred to as “FOI”, for
ease of consolidated reference);
… 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, 2015 forward to the present
day (collectively, “Records”) which may be at all responsive to the following
requests. I am seeking, in each case to the extent as may be existing:
1.
Inspections. All Records reflecting, referencing, or otherwise
relating to any health, medical, food, safety, infestation, or other inspections
of, or otherwise concerning, the subject location of 2 Tallman Mountain
Road, Sparkill, NY 10976 USA (the “Tallman Beach Location”), or otherwise
relating to the Tallman Beach Parties or any of them – including without
limitation all restaurant inspections, all “latest inspections”, all inspection
reports, all “critical violations”, all “non-critical violations”, and all
photographic, drawn, sketched, pictorial, and other visual images relating
thereto of whatever kind or nature.
2.
Incidents. All Records - if any - reflecting, referencing, or
otherwise relating to the Tallman Beach Location or the Tallman Beach Parties,
and any of the following topics, items, or issues:
accidents
ambulance
calls
cleaning
access issues
construction
issues
contact-surface
issues
contagion
contamination
contamination
sources
deficiencies
dirty
handwashing facilities
dirty
surface issues
dirty
ventilation hoods
disrepair
issues
double-stacked
food containers
ductwork
issues
EMS
calls
environmental
matters
epidemic
equipment
issues
exhaust
fan issues
filter
issues
food
display
food
dressing
food
handling
food
poisoning
food
preparation
food
processing
food
sale
food
service
food
storage
food
transportation
garbage
issues
handwashing
facilities in disrepair
harborage
areas
hazardous
conditions
hazardous
materials
hazardous
waste
health
matters
heated
storage temperatures
hospitalizations
improper
design
improper
fixtures
improperly-drained
floors
improperly-located
handwashing facilities
improperly-sized
plumbing
improperly-sized
sinks
inaccessible
handwashing facilities
inadequate lighting
inadequate
sneeze-guards
inadequate
ventilation
inadequate
water pressure
incidents
infection
injuries
insect-proof
construction issues
insect
issues
installation
issues
littered
premises issues
maintenance
issues
measures
to control insect entrance
measures
to control rodent entrance
medical
attention incidents
medical
matters
mislabeled
food
missing
hand-drying devices
missing
single-service towels
missing
sneeze-guards
missing
soap
on-floor
storage of food
pandemic
poisoning
pollution
issues
poster
issues
quality-assurance
issues
quality-control
issues
refrigerated
temperatures
refuse
issues
rodent-proof
construction
rodent
issues
sanitary
code issues
sanitation
issues
sewage
issues
“spreader”
events
surface-finish
issues
training
issues
unavailable
accurate thermometers
uncovered
food
unprotected
food
un-provided
cold running water
un-provided
hot running water
unsafe
conditions
unsanitary
conditions
unshielded
fixture issues
untoward
occurrences
unused
quality-assurance measures
unused
quality-control measures
vermin
3.
Licenses, Permits, And Renewals. All Records reflecting,
referencing, or otherwise relating to any food-related, beverage-related,
drink-related, or other licensure, licenses, permits, or renewals of, by, for,
or otherwise concerning the Tallman Beach Parties, the Tallman
Beach Location, or any of them.
4.
Alcohol Licenses, Permits, And Renewals. All Records reflecting,
referencing, or otherwise relating to any alcohol-related or other licensure,
licenses, permits, or renewals of, by, for, or otherwise concerning the Tallman
Beach Parties, the Tallman Beach Location, or any of them.
5.
Applications And Renewals. All Records reflecting, referencing,
or otherwise relating to any applications or renewals for licenses, permits, or
other permissions, of, by, for, or otherwise concerning the Tallman Beach
Parties or any of them – including without limitation the applications
themselves.
6.
“Retail Licenses”, Permits, And Renewals. Specifically, all
Records reflecting, referencing, or otherwise relating to any “retail
licenses”, licensure, permits, or renewals of, by, for, or otherwise concerning
the Tallman Beach Parties, the Tallman Beach Location, or any of them –
including without limitation the licenses themselves.
7.
Adverse Actions Against Licenses Or Permits. All Records
reflecting, referencing, or otherwise relating to any license, permit, or other
suspensions, cancellations, revocations, or terminations, of or otherwise
concerning the Tallman Beach Parties, the Tallman Beach Location, or any of
them – if any.
8.
License Transfers. All Records reflecting, referencing, or
otherwise relating to any transfer of any retail license or other transfers of,
by, for, or otherwise concerning the Tallman Beach Parties, the Tallman Beach
Location, or any of them.
9.
Premises Expansions. All Records reflecting, referencing, or
otherwise relating to any premises expansions of, by, for, or otherwise
concerning the Tallman Beach Parties, the Tallman Beach Location, or any of
them.
10.
Objections. All Records reflecting, referencing, or otherwise
relating to any objections to expansions, transfers, or other proposed or
completed actions by, of, for, or otherwise concerning the Tallman Beach
Parties, the Tallman Beach Location, or any of them.
11.
Stock, Membership, And Equity. All Records reflecting,
referencing, or otherwise relating to any “stockholding”, stockholder, membership
shares, membership units, membership interests, or other equity-holder
information or changes thereto, of, by, for, or otherwise concerning the Tallman
Beach Parties, the Tallman Beach Location, or any of them.
12.
Property Documentation. All Records reflecting, referencing, or
otherwise relating to any property record, property title, or other property
documentation of, by, for, or otherwise concerning the Tallman Beach Parties,
the Tallman Beach Location, or any of them, including without limitation
copies of any and all leases and correspondence to, from, with, or concerning your
Palisades Interstate Parks Commission.
13.
Insurance or Bonding Documentation. All Records reflecting,
referencing, or otherwise relating to any insurance or bonding documentation
of, by, for, or otherwise concerning the Tallman Beach Parties, the Tallman
Beach Location, or any of them.
14.
Tax Documentation. All Records reflecting, referencing, or
otherwise relating to any tax, tax payment, tax history, tax credit, tax
arrearage, tax warrant, or other tax-related documentation of, by, for, or
otherwise concerning the Tallman Beach Parties, the Tallman Beach Location, or
any of them.
15.
Fee Documentation. All Records reflecting, referencing, or
otherwise relating to any fee, fee payment, fee history, fee credit, fee
arrearage, or other fee-related documentation of, by, for, or otherwise
concerning the Tallman Beach Parties, the Tallman Beach Location, or any of
them.
16.
Employment, Labor, And Immigration Matters. All Records
reflecting, referencing, or otherwise relating to any other labor, employment,
or immigration matters of, or otherwise concerning, the Tallman Beach Parties,
the Tallman Beach Location, or any of them.
17.
Complaints. All Records reflecting, referencing, or otherwise
relating to any customer, patron, consumer, or other complaints about,
concerning, or otherwise relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
18.
Proceedings. All Records reflecting, referencing, or otherwise
relating to any administrative, legal, or other proceedings about, concerning,
or otherwise relating to the Tallman Beach Parties, the Tallman Beach Location,
or any of them – if any.
19.
Claims And Litigations. All Records reflecting, referencing, or
otherwise relating to any claims, mediations, arbitrations, or litigations
about, concerning, or otherwise relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
20.
Enforcement Actions. All Records reflecting, referencing, or
otherwise relating to any enforcement or comparable actions against, about,
concerning, or otherwise relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
21.
Fines Or Other Penalties. All Records reflecting, referencing, or
otherwise relating to any fines, citations, tickets, civil penalties, criminal
penalties, administrative penalties, or other penalties assessed against or
otherwise imposed upon the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
22.
Violations. All Records reflecting, referencing, or otherwise
relating to any violation, “reporting violation”, claimed 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, statute, other law, or standard - including without limitation any
violation of rules, regulations, or other laws enforced by the Rockland County
Department of Health, the New York State Department of Health, your Palisades
Interstate Parks Commission (PIPC), or your New York State Office of Parks,
Recreation and Historic Preservation (OPRHP) - as relating to the Tallman Beach
Parties, the Tallman Beach Location, or any of them, if any, and including
without limitation New York State Sanitary Code Subpart 14-1:
https://www.health.ny.gov/environmental/indoors/food_safety/regs.htm
23.
E-Mails And Correspondence. All Records of any e-mails, memos,
notes, correspondence, or other writings to, from, referencing, or otherwise
relating to the Tallman Beach Parties, the Tallman Beach Location, or any of
them.
24.
Land Use. All land use Records such as those constituting or
relating to applications, approvals, bonding, building, certified plans, code enforcement,
complaints, compliance vel non, construction, engineering, environmental
concerns, erosion, escrows, financing, inspections, insurance, intended land
use, land disturbance, neighborhood opposition, permissions, permits, planning,
sediment control, sedimentation, soil conservation, stop-work orders,
stormwater management, taxation, variances, and zoning, including inter alia
e-mails, minutes, resolutions, and deliberative materials, relating to the Tallman
Beach Parties, the Tallman Beach Location, or any of them.
25.
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 the Tallman Beach
Parties, the Tallman Beach Location, or any of them.
26.
All Other Records. Specifically, I am seeking all other Records
of any other kind or nature relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them.
27.
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...” (see, e.g., 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 – see, e.g.:
http://www.dos.ny.gov/coog/foil2.html#s86
28.
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 FOI request.
29.
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 FOI request 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.
30.
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.
31.
Additional Requests. This FOI 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.
Very
truly yours,
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
REQUEST
UNDER THE NEW YORK STATE FREEDOM OF INFORMATION LAW (“FOIL”)
Saturday,
May 31, 2025
VIA FAX: 1-845-794-3165, U.S. MAIL, and E-MAIL:
modo@health.ny.gov
New
York State Department of Health
Monticello
District Office – Attn: District Supervisor And Manager
50
North Street #2
Monticello,
New York 12701-1711 USA
VIA FAX: 1-845-794-3165,
U.S. MAIL, and E-MAIL:
bcehfp@health.ny.gov
New
York State Department of Health
Monticello
District Office – Attn: Records Access Officer
50
North Street #2
Monticello,
New York 12701-1711 USA
Re:
FOIL Request – “Tallman Beach And
Pool Club”
“Tallman Beach and Pool Club LLC” - 2 Tallman Mountain
Road, Sparkill, NY
All Health, Sanitary, Food, Drink, Beverage, Infestation,
And Safety Records
Dear
Sirs/Mesdames:
Without
limitation to the further specificity of my itemized queries hereinbelow, this
FOIL request seeks all Records relating to (A) the restaurant known as “Tallman
Beach And Pool Club” currently located at 2 Tallman Mountain Road,
Sparkill, NY 10976 USA (the “Restaurant”), (B) the thereto-associated
lessee-entity known as Tallman Beach and Pool Club LLC (the “LLC”), and (C)
its apparent principal William Procida. This FOIL requests includes
without limitation all health, sanitary, food, beverage, and safety Records from
the time-period commencing January 1, 2015 through the present day. My
understanding is that the LLC executed a lease with the Palisades Interstate
Parks Commission in December 2015 and then “re-opened” the Restaurant to the
public in May 2016.
The
Restaurant, the LLC, and William Procida are hereafter referred to herein as
the “Tallman Beach Parties” for ease of reference. Public-record
documents which I have thusfar culled from the Internet regarding the Tallman
Beach Parties include those found here – and these records indicate that
your Monticello District Office is responsible for inspections of “Tallman
Beach And Pool Club”:
https://unhandpiermont.blogspot.com/2025/05/the-tallman-beach-and-pool-club-ny-food.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-2.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-june-14.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-2_31.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-1.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-29.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-6.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-june-23.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-22.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-29_31.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-6-2023.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-22.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-27.html
https://unhandpiermont.blogspot.com/2025/05/oooh-look-whos-next.html
https://unhandpiermont.blogspot.com/2025/05/the-tallman-beach-and-pool-probe-part-i.html
I
am an attorney in New York, and a citizen and resident of the Town of
Orangetown and the County of Rockland. Specifically, 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, 2015
forward to the present day (collectively, “Records”) which may be at all
responsive to the following requests. I am seeking, in each case to the extent
as may be existing:
1.
Inspections. All Records reflecting, referencing, or otherwise
relating to any health, medical, food, safety, infestation, or other inspections
of, or otherwise concerning, the subject location of 2 Tallman Mountain
Road, Sparkill, NY 10976 USA (the “Tallman Beach Location”), or otherwise
relating to the Tallman Beach Parties or any of them – including without
limitation all restaurant inspections, all “latest inspections”, all inspection
reports, all “critical violations”, all “non-critical violations”, and all
photographic, drawn, sketched, pictorial, and other visual images relating
thereto of whatever kind or nature.
2.
Incidents. All Records - if any - reflecting, referencing, or
otherwise relating to the Tallman Beach Location or the Tallman Beach Parties,
and any of the following topics, items, or issues:
accidents
ambulance
calls
cleaning
access issues
construction
issues
contact-surface
issues
contagion
contamination
contamination
sources
deficiencies
dirty
handwashing facilities
dirty
surface issues
dirty
ventilation hoods
disrepair
issues
double-stacked
food containers
ductwork
issues
EMS
calls
environmental
matters
epidemic
equipment
issues
exhaust
fan issues
filter
issues
food
display
food
dressing
food
handling
food
poisoning
food
preparation
food
processing
food
sale
food
service
food
storage
food
transportation
garbage
issues
handwashing
facilities in disrepair
harborage
areas
hazardous
conditions
hazardous
materials
hazardous
waste
health
matters
heated
storage temperatures
hospitalizations
improper
design
improper
fixtures
improperly-drained
floors
improperly-located
handwashing facilities
improperly-sized
plumbing
improperly-sized
sinks
inaccessible
handwashing facilities
inadequate lighting
inadequate
sneeze-guards
inadequate
ventilation
inadequate
water pressure
incidents
infection
injuries
insect-proof
construction issues
insect
issues
installation
issues
littered
premises issues
maintenance
issues
measures
to control insect entrance
measures
to control rodent entrance
medical
attention incidents
medical
matters
mislabeled
food
missing
hand-drying devices
missing
single-service towels
missing
sneeze-guards
missing
soap
on-floor
storage of food
pandemic
poisoning
pollution
issues
poster
issues
quality-assurance
issues
quality-control
issues
refrigerated
temperatures
refuse
issues
rodent-proof
construction
rodent
issues
sanitary
code issues
sanitation
issues
sewage
issues
“spreader”
events
surface-finish
issues
training
issues
unavailable
accurate thermometers
uncovered
food
unprotected
food
un-provided
cold running water
un-provided
hot running water
unsafe
conditions
unsanitary
conditions
unshielded
fixture issues
untoward
occurrences
unused
quality-assurance measures
unused
quality-control measures
vermin
3.
Licenses, Permits, And Renewals. All Records reflecting,
referencing, or otherwise relating to any food-related, beverage-related,
drink-related, or other licensure, licenses, permits, or renewals of, by, for,
or otherwise concerning the Tallman Beach Parties, the Tallman
Beach Location, or any of them.
4.
Alcohol Licenses, Permits, And Renewals. All Records reflecting,
referencing, or otherwise relating to any alcohol-related or other licensure,
licenses, permits, or renewals of, by, for, or otherwise concerning the Tallman
Beach Parties, the Tallman Beach Location, or any of them.
5.
Applications And Renewals. All Records reflecting, referencing,
or otherwise relating to any applications or renewals for licenses, permits, or
other permissions, of, by, for, or otherwise concerning the Tallman Beach
Parties or any of them – including without limitation the applications
themselves.
6.
“Retail Licenses”, Permits, And Renewals. Specifically, all
Records reflecting, referencing, or otherwise relating to any “retail
licenses”, licensure, permits, or renewals of, by, for, or otherwise concerning
the Tallman Beach Parties, the Tallman Beach Location, or any of them –
including without limitation the licenses themselves.
7.
Adverse Actions Against Licenses Or Permits. All Records
reflecting, referencing, or otherwise relating to any license, permit, or other
suspensions, cancellations, revocations, or terminations, of or otherwise
concerning the Tallman Beach Parties, the Tallman Beach Location, or any of
them – if any.
8.
License Transfers. All Records reflecting, referencing, or
otherwise relating to any transfer of any retail license or other transfers of,
by, for, or otherwise concerning the Tallman Beach Parties, the Tallman Beach
Location, or any of them.
9.
Premises Expansions. All Records reflecting, referencing, or
otherwise relating to any premises expansions of, by, for, or otherwise
concerning the Tallman Beach Parties, the Tallman Beach Location, or any of
them.
10.
Objections. All Records reflecting, referencing, or otherwise
relating to any objections to expansions, transfers, or other proposed or
completed actions by, of, for, or otherwise concerning the Tallman Beach
Parties, the Tallman Beach Location, or any of them.
11.
Stock, Membership, And Equity. All Records reflecting,
referencing, or otherwise relating to any “stockholding”, stockholder, membership
shares, membership units, membership interests, or other equity-holder
information or changes thereto, of, by, for, or otherwise concerning the Tallman
Beach Parties, the Tallman Beach Location, or any of them.
12.
Property Documentation. All Records reflecting, referencing, or
otherwise relating to any property record, property title, or other property
documentation of, by, for, or otherwise concerning the Tallman Beach Parties,
the Tallman Beach Location, or any of them, including without limitation copies
of any and all leases and correspondence to, from, with, or concerning the
Palisades Interstate Parks Commission.
13.
Insurance or Bonding Documentation. All Records reflecting,
referencing, or otherwise relating to any insurance or bonding documentation
of, by, for, or otherwise concerning the Tallman Beach Parties, the Tallman
Beach Location, or any of them.
14.
Tax Documentation. All Records reflecting, referencing, or
otherwise relating to any tax, tax payment, tax history, tax credit, tax
arrearage, tax warrant, or other tax-related documentation of, by, for, or
otherwise concerning the Tallman Beach Parties, the Tallman Beach Location, or
any of them.
15.
Fee Documentation. All Records reflecting, referencing, or
otherwise relating to any fee, fee payment, fee history, fee credit, fee
arrearage, or other fee-related documentation of, by, for, or otherwise
concerning the Tallman Beach Parties, the Tallman Beach Location, or any of
them.
16.
Employment, Labor, And Immigration Matters. All Records
reflecting, referencing, or otherwise relating to any other labor, employment,
or immigration matters of, or otherwise concerning, the Tallman Beach Parties,
the Tallman Beach Location, or any of them.
17.
Complaints. All Records reflecting, referencing, or otherwise
relating to any customer, patron, consumer, or other complaints about,
concerning, or otherwise relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
18.
Proceedings. All Records reflecting, referencing, or otherwise
relating to any administrative, legal, or other proceedings about, concerning,
or otherwise relating to the Tallman Beach Parties, the Tallman Beach Location,
or any of them – if any.
19.
Claims And Litigations. All Records reflecting, referencing, or
otherwise relating to any claims, mediations, arbitrations, or litigations
about, concerning, or otherwise relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
20.
Enforcement Actions. All Records reflecting, referencing, or
otherwise relating to any enforcement or comparable actions against, about,
concerning, or otherwise relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
21.
Fines Or Other Penalties. All Records reflecting, referencing, or
otherwise relating to any fines, citations, tickets, civil penalties, criminal
penalties, administrative penalties, or other penalties assessed against or
otherwise imposed upon the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
22.
Violations. All Records reflecting, referencing, or otherwise
relating to any violation, “reporting violation”, claimed 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, statute, other law, or standard - including without limitation any
violation of rules, regulations, or other laws enforced by the Rockland County
Department of Health or your New York State Department of Health - as relating
to the Tallman Beach Parties, the Tallman Beach Location, or any of them, if any,
and including without limitation New York State Sanitary Code Subpart 14-1:
https://www.health.ny.gov/environmental/indoors/food_safety/regs.htm
23.
E-Mails And Correspondence. All Records of any e-mails, memos,
notes, correspondence, or other writings to, from, referencing, or otherwise
relating to the Tallman Beach Parties, the Tallman Beach Location, or any of
them.
24.
Land Use. All land use Records such as those constituting or
relating to applications, approvals, bonding, building, certified plans, code enforcement,
complaints, compliance vel non, construction, engineering, environmental
concerns, erosion, escrows, financing, inspections, insurance, intended land
use, land disturbance, neighborhood opposition, permissions, permits, planning,
sediment control, sedimentation, soil conservation, stop-work orders,
stormwater management, taxation, variances, and zoning, including inter alia
e-mails, minutes, resolutions, and deliberative materials, relating to the Tallman
Beach Parties, the Tallman Beach Location, or any of them.
25.
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 the Tallman Beach
Parties, the Tallman Beach Location, or any of them.
26.
All Other Records. Specifically, I am seeking all other Records
of any other kind or nature relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them.
27.
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
28.
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.
29.
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.
30.
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.
31.
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.
Very
truly yours,
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
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”)
Saturday,
May 31, 2025
VIA U.S. MAIL and E-MAIL:
James.McDonald@health.ny.gov
Johanne.Morne@health.ny.gov
Maclain.Berhaupt@health.ny.gov
Eugene.Heslin@health.ny.gov
Dr. James V. McDonald –
Commissioner of Health
Johanne E. Morne, M.S. -
Executive Deputy Commissioner
New York State
Department of Health (NYSDOH)
Corning Tower, Empire
State Plaza
Albany, New York
12237-0026 USA
VIA U.S. MAIL and
E-MAIL:
Kathy.Marks@health.ny.gov
Susan.Cartier@health.ny.gov
Kathy S. Marks, Esq. -
General Counsel
Susan Gallup Cartier,
Esq. - Deputy General Counsel
New York State
Department of Health (NYSDOH), Division Of Legal Affairs
Corning Tower Building,
Room 2438, Empire State Plaza
Albany, New York
12237-0026 USA
VIA U.S. MAIL and
E-MAIL:
Kyle.Kotary@health.ny.gov
press@health.ny.gov
Kyle Kotary - Director
New York State
Department of Health (NYSDOH), Division Of Communications
Corning Tower, Empire
State Plaza
Albany, New York
12237-0026 USA
VIA U.S. MAIL and
E-MAIL:
Gary.Ginsberg@health.ny.gov
Gary Ginsberg, Ph.D. -
Director
New York State
Department of Health (NYSDOH), Center For Environmental Health
Corning Tower, Empire
State Plaza
Albany, New York
12237-0026 USA
VIA U.S. MAIL and
E-MAIL:
Christine.Westerman@health.ny.gov
Christine Westerman -
Director
New York State
Department of Health, Division Of Environmental Health Protection
Corning Tower, Empire
State Plaza
Albany, New York
12237-0026 USA
Re:
FOIL Request – “Tallman Beach And
Pool Club”
“Tallman Beach and Pool Club LLC” - 2 Tallman Mountain
Road, Sparkill
All Health, Sanitary, Food, Drink, Beverage, Infestation,
And Safety Records
Dear
Mr. McDonald, Ms. Morne, Ms. Berhaupt, Mr. Heslin, Attorney Marks, Attorney Cartier,
Mr. Kotary, Mr. Ginsberg, Ms. Westerman, and Colleagues:
Without
limitation to the further specificity of my itemized queries hereinbelow, this
FOIL request seeks all Records relating to (A) the restaurant known as “Tallman
Beach And Pool Club” currently located at 2 Tallman Mountain Road,
Sparkill, NY 10976 USA (the “Restaurant”), (B) the thereto-associated
lessee-entity known as Tallman Beach and Pool Club LLC (the “LLC”), and (C)
its apparent principal William Procida. This FOIL requests includes
without limitation all health, sanitary, food, beverage, and safety Records from
the time-period commencing January 1, 2015 through the present day. My
understanding is that the LLC executed a lease with the Palisades Interstate
Parks Commission in December 2015 and then “re-opened” the Restaurant to the
public in May 2016.
The
Restaurant, the LLC, and William Procida are hereafter referred to herein as
the “Tallman Beach Parties” for ease of reference. Public-record
documents which I have thusfar culled from the Internet regarding the Tallman
Beach Parties include those found here:
https://unhandpiermont.blogspot.com/2025/05/the-tallman-beach-and-pool-club-ny-food.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-2.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-june-14.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-2_31.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-1.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-29.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-6.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-june-23.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-22.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-29_31.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-6-2023.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-22.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-27.html
https://unhandpiermont.blogspot.com/2025/05/oooh-look-whos-next.html
https://unhandpiermont.blogspot.com/2025/05/the-tallman-beach-and-pool-probe-part-i.html
I
am an attorney in New York, and a citizen and resident of the Town of
Orangetown and the County of Rockland. Specifically, 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, 2015
forward to the present day (collectively, “Records”) which may be at all
responsive to the following requests. I am seeking, in each case to the extent
as may be existing:
1.
Inspections. All Records reflecting, referencing, or otherwise
relating to any health, medical, food, safety, infestation, or other inspections
of, or otherwise concerning, the subject location of 2 Tallman Mountain
Road, Sparkill, NY 10976 USA (the “Tallman Beach Location”), or otherwise
relating to the Tallman Beach Parties or any of them – including without
limitation all restaurant inspections, all “latest inspections”, all inspection
reports, all “critical violations”, all “non-critical violations”, and all
photographic, drawn, sketched, pictorial, and other visual images relating
thereto of whatever kind or nature.
2.
Incidents. All Records - if any - reflecting, referencing, or
otherwise relating to the Tallman Beach Location or the Tallman Beach Parties,
and any of the following topics, items, or issues:
accidents
ambulance
calls
cleaning
access issues
construction
issues
contact-surface
issues
contagion
contamination
contamination
sources
deficiencies
dirty
handwashing facilities
dirty
surface issues
dirty
ventilation hoods
disrepair
issues
double-stacked
food containers
ductwork
issues
EMS
calls
environmental
matters
epidemic
equipment
issues
exhaust
fan issues
filter
issues
food
display
food
dressing
food
handling
food
poisoning
food
preparation
food
processing
food
sale
food
service
food
storage
food
transportation
garbage
issues
handwashing
facilities in disrepair
harborage
areas
hazardous
conditions
hazardous
materials
hazardous
waste
health
matters
heated
storage temperatures
hospitalizations
improper
design
improper
fixtures
improperly-drained
floors
improperly-located
handwashing facilities
improperly-sized
plumbing
improperly-sized
sinks
inaccessible
handwashing facilities
inadequate lighting
inadequate
sneeze-guards
inadequate
ventilation
inadequate
water pressure
incidents
infection
injuries
insect-proof
construction issues
insect
issues
installation
issues
littered
premises issues
maintenance
issues
measures
to control insect entrance
measures
to control rodent entrance
medical
attention incidents
medical
matters
mislabeled
food
missing
hand-drying devices
missing
single-service towels
missing
sneeze-guards
missing
soap
on-floor
storage of food
pandemic
poisoning
pollution
issues
poster
issues
quality-assurance
issues
quality-control
issues
refrigerated
temperatures
refuse
issues
rodent-proof
construction
rodent
issues
sanitary
code issues
sanitation
issues
sewage
issues
“spreader”
events
surface-finish
issues
training
issues
unavailable
accurate thermometers
uncovered
food
unprotected
food
un-provided
cold running water
un-provided
hot running water
unsafe
conditions
unsanitary
conditions
unshielded
fixture issues
untoward
occurrences
unused
quality-assurance measures
unused
quality-control measures
vermin
3.
Licenses, Permits, And Renewals. All Records reflecting,
referencing, or otherwise relating to any food-related, beverage-related,
drink-related, or other licensure, licenses, permits, or renewals of, by, for,
or otherwise concerning the Tallman Beach Parties, the Tallman
Beach Location, or any of them.
4.
Alcohol Licenses, Permits, And Renewals. All Records reflecting,
referencing, or otherwise relating to any alcohol-related or other licensure,
licenses, permits, or renewals of, by, for, or otherwise concerning the Tallman
Beach Parties, the Tallman Beach Location, or any of them.
5.
Applications And Renewals. All Records reflecting, referencing,
or otherwise relating to any applications or renewals for licenses, permits, or
other permissions, of, by, for, or otherwise concerning the Tallman Beach
Parties or any of them – including without limitation the applications
themselves.
6.
“Retail Licenses”, Permits, And Renewals. Specifically, all
Records reflecting, referencing, or otherwise relating to any “retail
licenses”, licensure, permits, or renewals of, by, for, or otherwise concerning
the Tallman Beach Parties, the Tallman Beach Location, or any of them –
including without limitation the licenses themselves.
7.
Adverse Actions Against Licenses Or Permits. All Records
reflecting, referencing, or otherwise relating to any license, permit, or other
suspensions, cancellations, revocations, or terminations, of or otherwise
concerning the Tallman Beach Parties, the Tallman Beach Location, or any of
them – if any.
8.
License Transfers. All Records reflecting, referencing, or
otherwise relating to any transfer of any retail license or other transfers of,
by, for, or otherwise concerning the Tallman Beach Parties, the Tallman Beach
Location, or any of them.
9.
Premises Expansions. All Records reflecting, referencing, or
otherwise relating to any premises expansions of, by, for, or otherwise
concerning the Tallman Beach Parties, the Tallman Beach Location, or any of
them.
10.
Objections. All Records reflecting, referencing, or otherwise
relating to any objections to expansions, transfers, or other proposed or
completed actions by, of, for, or otherwise concerning the Tallman Beach
Parties, the Tallman Beach Location, or any of them.
11.
Stock, Membership, And Equity. All Records reflecting,
referencing, or otherwise relating to any “stockholding”, stockholder, membership
shares, membership units, membership interests, or other equity-holder
information or changes thereto, of, by, for, or otherwise concerning the Tallman
Beach Parties, the Tallman Beach Location, or any of them.
12.
Property Documentation. All Records reflecting, referencing, or
otherwise relating to any property record, property title, or other property
documentation of, by, for, or otherwise concerning the Tallman Beach Parties,
the Tallman Beach Location, or any of them, including without limitation copies
of any and all leases and correspondence to, from, with, or concerning the
Palisades Interstate Parks Commission.
13.
Insurance or Bonding Documentation. All Records reflecting,
referencing, or otherwise relating to any insurance or bonding documentation
of, by, for, or otherwise concerning the Tallman Beach Parties, the Tallman
Beach Location, or any of them.
14.
Tax Documentation. All Records reflecting, referencing, or
otherwise relating to any tax, tax payment, tax history, tax credit, tax
arrearage, tax warrant, or other tax-related documentation of, by, for, or
otherwise concerning the Tallman Beach Parties, the Tallman Beach Location, or
any of them.
15.
Fee Documentation. All Records reflecting, referencing, or
otherwise relating to any fee, fee payment, fee history, fee credit, fee
arrearage, or other fee-related documentation of, by, for, or otherwise
concerning the Tallman Beach Parties, the Tallman Beach Location, or any of
them.
16.
Employment, Labor, And Immigration Matters. All Records
reflecting, referencing, or otherwise relating to any other labor, employment,
or immigration matters of, or otherwise concerning, the Tallman Beach Parties,
the Tallman Beach Location, or any of them.
17.
Complaints. All Records reflecting, referencing, or otherwise
relating to any customer, patron, consumer, or other complaints about,
concerning, or otherwise relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
18.
Proceedings. All Records reflecting, referencing, or otherwise
relating to any administrative, legal, or other proceedings about, concerning,
or otherwise relating to the Tallman Beach Parties, the Tallman Beach Location,
or any of them – if any.
19.
Claims And Litigations. All Records reflecting, referencing, or
otherwise relating to any claims, mediations, arbitrations, or litigations
about, concerning, or otherwise relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
20.
Enforcement Actions. All Records reflecting, referencing, or
otherwise relating to any enforcement or comparable actions against, about,
concerning, or otherwise relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
21.
Fines Or Other Penalties. All Records reflecting, referencing, or
otherwise relating to any fines, citations, tickets, civil penalties, criminal
penalties, administrative penalties, or other penalties assessed against or
otherwise imposed upon the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
22.
Violations. All Records reflecting, referencing, or otherwise
relating to any violation, “reporting violation”, claimed 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, statute, other law, or standard - including without limitation any
violation of rules, regulations, or other laws enforced by the Rockland County
Department of Health or your New York State Department of Health - as relating
to the Tallman Beach Parties, the Tallman Beach Location, or any of them, if any,
and including without limitation New York State Sanitary Code Subpart 14-1:
https://www.health.ny.gov/environmental/indoors/food_safety/regs.htm
23.
E-Mails And Correspondence. All Records of any e-mails, memos,
notes, correspondence, or other writings to, from, referencing, or otherwise
relating to the Tallman Beach Parties, the Tallman Beach Location, or any of
them.
24.
Land Use. All land use Records such as those constituting or
relating to applications, approvals, bonding, building, certified plans, code enforcement,
complaints, compliance vel non, construction, engineering, environmental
concerns, erosion, escrows, financing, inspections, insurance, intended land
use, land disturbance, neighborhood opposition, permissions, permits, planning,
sediment control, sedimentation, soil conservation, stop-work orders,
stormwater management, taxation, variances, and zoning, including inter alia
e-mails, minutes, resolutions, and deliberative materials, relating to the Tallman
Beach Parties, the Tallman Beach Location, or any of them.
25.
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 the Tallman Beach
Parties, the Tallman Beach Location, or any of them.
26.
All Other Records. Specifically, I am seeking all other Records
of any other kind or nature relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them.
27.
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
28.
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.
29.
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.
30.
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.
31.
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.
Very
truly yours,
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
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”)
Saturday,
May 31, 2025
VIA FAX: 1-845-364-2628, U.S. MAIL, and E-MAIL:
LaheyM@co.rockland.ny.us
Dr. Mary Lahey, Commissioner
Rockland County Department of Health (RCDOH)
50 Sanatorium Road, Building D
Pomona, New York 10970 USA
VIA FAX: 1-845-364-2628 and U.S. MAIL
Rockland County Department of Health (RCDOH)
Attn: FOIL OFFICER
Department Of Environmental Health
50 Sanatorium Road, Building D
Pomona, New York 10970 USA
Re:
FOIL Request – “Tallman Beach And
Pool Club”
“Tallman Beach and Pool Club LLC” - 2 Tallman Mountain
Road, Sparkill, NY
All Health, Sanitary, Food, Drink, Beverage, Infestation,
And Safety Records
Dear
Dr. Lahey and Colleagues:
Without
limitation to the further specificity of my itemized queries hereinbelow, this
FOIL request seeks all Records relating to (A) the restaurant known as “Tallman
Beach And Pool Club” currently located at 2 Tallman Mountain Road,
Sparkill, NY 10976 USA (the “Restaurant”), (B) the thereto-associated
lessee-entity known as Tallman Beach and Pool Club LLC (the “LLC”), and (C)
its apparent principal William Procida. This FOIL requests includes
without limitation all health, sanitary, food, beverage, and safety Records from
the time-period commencing January 1, 2015 through the present day. My
understanding is that the LLC executed a lease with the Palisades Interstate
Parks Commission in December 2015 and then “re-opened” the Restaurant to the
public in May 2016.
The
Restaurant, the LLC, and William Procida are hereafter referred to herein as
the “Tallman Beach Parties” for ease of reference. Public-record
documents which I have thusfar culled from the Internet regarding the Tallman
Beach Parties include those found here:
https://unhandpiermont.blogspot.com/2025/05/the-tallman-beach-and-pool-club-ny-food.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-2.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-june-14.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-2_31.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-1.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-29.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-6.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-june-23.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-22.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-29_31.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-july-6-2023.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-22.html
https://unhandpiermont.blogspot.com/2025/05/tallman-beach-and-pool-club-august-27.html
https://unhandpiermont.blogspot.com/2025/05/oooh-look-whos-next.html
I
am an attorney in New York, and a citizen and resident of the Town of
Orangetown and the County of Rockland. Specifically, 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, 2015
forward to the present day (collectively, “Records”) which may be at all
responsive to the following requests. I am seeking, in each case to the extent
as may be existing:
1.
Inspections. All Records reflecting, referencing, or otherwise
relating to any health, medical, food, safety, infestation, or other inspections
of, or otherwise concerning, the subject location of 2 Tallman Mountain
Road, Sparkill, NY 10976 USA (the “Tallman Beach Location”), or otherwise
relating to the Tallman Beach Parties or any of them – including without
limitation all restaurant inspections, all “latest inspections”, all inspection
reports, all “critical violations”, all “non-critical violations”, and all
photographic, drawn, sketched, pictorial, and other visual images relating
thereto of whatever kind or nature.
2.
Incidents. All Records - if any - reflecting, referencing, or
otherwise relating to the Tallman Beach Location or the Tallman Beach Parties,
and any of the following topics, items, or issues:
accidents
ambulance
calls
cleaning
access issues
construction
issues
contact-surface
issues
contagion
contamination
contamination
sources
deficiencies
dirty
handwashing facilities
dirty
surface issues
dirty
ventilation hoods
disrepair
issues
double-stacked
food containers
ductwork
issues
EMS
calls
environmental
matters
epidemic
equipment
issues
exhaust
fan issues
filter
issues
food
display
food
dressing
food
handling
food
poisoning
food
preparation
food
processing
food
sale
food
service
food
storage
food
transportation
garbage
issues
handwashing
facilities in disrepair
harborage
areas
hazardous
conditions
hazardous
materials
hazardous
waste
health
matters
heated
storage temperatures
hospitalizations
improper
design
improper
fixtures
improperly-drained
floors
improperly-located
handwashing facilities
improperly-sized
plumbing
improperly-sized
sinks
inaccessible
handwashing facilities
inadequate lighting
inadequate
sneeze-guards
inadequate
ventilation
inadequate
water pressure
incidents
infection
injuries
insect-proof
construction issues
insect
issues
installation
issues
littered
premises issues
maintenance
issues
measures
to control insect entrance
measures
to control rodent entrance
medical
attention incidents
medical
matters
mislabeled
food
missing
hand-drying devices
missing
single-service towels
missing
sneeze-guards
missing
soap
on-floor
storage of food
pandemic
poisoning
pollution
issues
poster
issues
quality-assurance
issues
quality-control
issues
refrigerated
temperatures
refuse
issues
rodent-proof
construction
rodent
issues
sanitary
code issues
sanitation
issues
sewage
issues
“spreader”
events
surface-finish
issues
training
issues
unavailable
accurate thermometers
uncovered
food
unprotected
food
un-provided
cold running water
un-provided
hot running water
unsafe
conditions
unsanitary
conditions
unshielded
fixture issues
untoward
occurrences
unused
quality-assurance measures
unused
quality-control measures
vermin
3.
Licenses, Permits, And Renewals. All Records reflecting,
referencing, or otherwise relating to any food-related, beverage-related,
drink-related, or other licensure, licenses, permits, or renewals of, by, for,
or otherwise concerning the Tallman Beach Parties, the Tallman
Beach Location, or any of them.
4.
Alcohol Licenses, Permits, And Renewals. All Records reflecting,
referencing, or otherwise relating to any alcohol-related or other licensure,
licenses, permits, or renewals of, by, for, or otherwise concerning the Tallman
Beach Parties, the Tallman Beach Location, or any of them.
5.
Applications And Renewals. All Records reflecting, referencing,
or otherwise relating to any applications or renewals for licenses, permits, or
other permissions, of, by, for, or otherwise concerning the Tallman Beach
Parties or any of them – including without limitation the applications
themselves.
6.
“Retail Licenses”, Permits, And Renewals. Specifically, all
Records reflecting, referencing, or otherwise relating to any “retail
licenses”, licensure, permits, or renewals of, by, for, or otherwise concerning
the Tallman Beach Parties, the Tallman Beach Location, or any of them –
including without limitation the licenses themselves.
7.
Adverse Actions Against Licenses Or Permits. All Records
reflecting, referencing, or otherwise relating to any license, permit, or other
suspensions, cancellations, revocations, or terminations, of or otherwise
concerning the Tallman Beach Parties, the Tallman Beach Location, or any of
them – if any.
8.
License Transfers. All Records reflecting, referencing, or
otherwise relating to any transfer of any retail license or other transfers of,
by, for, or otherwise concerning the Tallman Beach Parties, the Tallman Beach
Location, or any of them.
9.
Premises Expansions. All Records reflecting, referencing, or
otherwise relating to any premises expansions of, by, for, or otherwise
concerning the Tallman Beach Parties, the Tallman Beach Location, or any of
them.
10.
Objections. All Records reflecting, referencing, or otherwise
relating to any objections to expansions, transfers, or other proposed or
completed actions by, of, for, or otherwise concerning the Tallman Beach
Parties, the Tallman Beach Location, or any of them.
11.
Stock. All Records reflecting, referencing, or otherwise relating
to any “stockholding”, stockholder, membership shares, membership units,
membership interests, or other equity-holder information or changes thereto,
of, by, for, or otherwise concerning the Tallman Beach Parties, the Tallman
Beach Location, or any of them.
12.
Property Documentation. All Records reflecting, referencing, or
otherwise relating to any property record, property title, or other property
documentation of, by, for, or otherwise concerning the Tallman Beach Parties,
the Tallman Beach Location, or any of them, including without limitation copies
of any and all leases and correspondence to, from, with, or concerning the
Palisades Interstate Parks Commission.
13.
Insurance or Bonding Documentation. All Records reflecting,
referencing, or otherwise relating to any insurance or bonding documentation
of, by, for, or otherwise concerning the Tallman Beach Parties, the Tallman
Beach Location, or any of them.
14.
Tax Documentation. All Records reflecting, referencing, or
otherwise relating to any tax, tax payment, tax history, tax credit, tax
arrearage, tax warrant, or other tax-related documentation of, by, for, or
otherwise concerning the Tallman Beach Parties, the Tallman Beach Location, or
any of them.
15.
Fee Documentation. All Records reflecting, referencing, or
otherwise relating to any fee, fee payment, fee history, fee credit, fee
arrearage, or other fee-related documentation of, by, for, or otherwise
concerning the Tallman Beach Parties, the Tallman Beach Location, or any of
them.
16.
Employment, Labor, And Immigration Matters. All Records
reflecting, referencing, or otherwise relating to any other labor, employment,
or immigration matters of, or otherwise concerning, the Tallman Beach Parties,
the Tallman Beach Location, or any of them.
17.
Complaints. All Records reflecting, referencing, or otherwise
relating to any customer, patron, consumer, or other complaints about,
concerning, or otherwise relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
18.
Proceedings. All Records reflecting, referencing, or otherwise
relating to any administrative, legal, or other proceedings about, concerning,
or otherwise relating to the Tallman Beach Parties, the Tallman Beach Location,
or any of them – if any.
19.
Claims And Litigations. All Records reflecting, referencing, or
otherwise relating to any claims, mediations, arbitrations, or litigations
about, concerning, or otherwise relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
20.
Enforcement Actions. All Records reflecting, referencing, or
otherwise relating to any enforcement or comparable actions against, about,
concerning, or otherwise relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
21.
Fines Or Other Penalties. All Records reflecting, referencing, or
otherwise relating to any fines, citations, tickets, civil penalties, criminal
penalties, administrative penalties, or other penalties assessed against or
otherwise imposed upon the Tallman Beach Parties, the Tallman
Beach Location, or any of them – if any.
22.
Violations. All Records reflecting, referencing, or otherwise
relating to any violation, “reporting violation”, claimed 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, statute, other law, or standard - including without limitation any
violation of rules, regulations, or other laws enforced by your Rockland County
Department of Health or the New York State Department of Health - as relating
to the Tallman Beach Parties, the Tallman Beach Location, or any of them, if any,
and including without limitation New York State Sanitary Code Subpart 14-1:
https://www.health.ny.gov/environmental/indoors/food_safety/regs.htm
23.
E-Mails And Correspondence. All Records of any e-mails, memos,
notes, correspondence, or other writings to, from, referencing, or otherwise
relating to the Tallman Beach Parties, the Tallman Beach Location, or any of
them.
24.
Land Use. All land use Records such as those constituting or
relating to applications, approvals, bonding, building, certified plans, code enforcement,
complaints, compliance vel non, construction, engineering, environmental
concerns, erosion, escrows, financing, inspections, insurance, intended land
use, land disturbance, neighborhood opposition, permissions, permits, planning,
sediment control, sedimentation, soil conservation, stop-work orders,
stormwater management, taxation, variances, and zoning, including inter alia
e-mails, minutes, resolutions, and deliberative materials, relating to the Tallman
Beach Parties, the Tallman Beach Location, or any of them.
25.
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 the Tallman Beach
Parties, the Tallman Beach Location, or any of them.
26.
All Other Records. Specifically, I am seeking all other Records
of any other kind or nature relating to the Tallman Beach Parties, the Tallman
Beach Location, or any of them.
27.
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
28.
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.
29.
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.
30.
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.
31.
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.
Very
truly yours,
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
