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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, May 23, 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 – “[RESTAURANT HERE]” alias “[RESTAURANT HERE]”
[ADDRESS HERE], Piermont, NY 10968
All Health, Sanitary, Food, Drink, Beverage, 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 the restaurant known as “[RESTAURANT HERE]” alias “[RESTAURANT HERE]” currently located at [ADDRESS HERE], Piermont, New York 10968 USA and its principals [PROPRIETOR HERE] and [PROPRIETOR HERE] - including without limitation all health, sanitary, food, beverage, and safety Records – from the time-period commencing January 1, [______] through the present day. My understanding is that “[RESTAURANT HERE]” opened to the public during the summer of [______].
 
The restaurant, [PROPRIETOR HERE], and [PROPRIETOR HERE] are hereafter referred to herein as the “[RESTAURANT HERE] Parties” for ease of reference.
 
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, [______] 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, or other inspections of, or otherwise concerning, the subject location of [ADDRESS HERE], Piermont, New York 10968 USA (the “[RESTAURANT HERE] Location”), or otherwise relating to the [RESTAURANT HERE] 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.
 
2. Incidents. All Records - if any - reflecting, referencing, or otherwise relating to the [RESTAURANT HERE] Location or the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] Location, or any of them.
 
11. Stock. All Records reflecting, referencing, or otherwise relating to any “stockholding”, stockholder, or other equity-holder information or changes thereto, of, by, for, or otherwise concerning the [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] Location, or any of them.
 
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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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 [RESTAURANT HERE] Parties, the [RESTAURANT HERE] 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