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”)
Thursday, May 29, 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:
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
Thursday, May 29, 2025
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
Rockland County Department of Health (RCDOH)
Attn: FOIL OFFICER
Department Of Environmental Health
50 Sanatorium Road, Building D
Pomona, New York 10970 USA
FOIL Request – “Dolce Vita”
- 66 Main Street, Nyack, NY 10960
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 “Dolce
Vita” currently located at 66 Main Street, Nyack, New York 10960 USA
and its principal Sadik Demir - including without limitation all health, sanitary,
food, beverage, and safety Records – from the time-period commencing January
1, 2022 through the present day. My understanding is that “Dolce Vita” opened to the public during the fall of 2022.
The
restaurant and Sadik Demir are hereafter referred to herein as the “Dolce
Vita Parties” for ease of reference.
The public record documents that I have thusfar gleaned from the Internet regarding this restaurant, are posted here:
https://unhandpiermont.blogspot.com/2025/05/dolce-vita-in-nyack-avoid.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, 2022 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 66 Main Street, Nyack, New
York 10960 USA (the “Dolce Vita Location”), or otherwise relating to
the Dolce Vita 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 Dolce Vita Location or the Dolce Vita 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 Dolce Vita Parties,
the Dolce Vita 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 Dolce
Vita Parties, the Dolce Vita 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 Dolce Vita
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 Dolce Vita Parties, the Dolce Vita 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 Dolce Vita Parties, the Dolce Vita 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 Dolce Vita Parties, the Dolce
Vita 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 Dolce Vita Parties, the Dolce Vita 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 Dolce Vita
Parties, the Dolce Vita 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 Dolce Vita
Parties, the Dolce Vita 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 Dolce Vita
Parties, the Dolce Vita 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 Dolce Vita Parties, the Dolce
Vita 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 Dolce Vita Parties, the Dolce Vita
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 Dolce Vita Parties, the Dolce Vita 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 Dolce Vita
Parties, the Dolce Vita 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 Dolce Vita Parties, the Dolce
Vita 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 Dolce Vita Parties, the Dolce Vita
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 Dolce Vita Parties, the Dolce
Vita 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 Dolce Vita Parties, the Dolce
Vita 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 Dolce Vita Parties,
the Dolce Vita 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 Dolce Vita Parties, the Dolce Vita 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 Dolce Vita Parties, the Dolce Vita 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 Dolce
Vita Parties, the Dolce Vita 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 Dolce Vita
Parties, the Dolce Vita 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 Dolce Vita Parties, the Dolce
Vita 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.
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, 2022 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:
2. Incidents. All Records - if any - reflecting, referencing, or otherwise relating to the Dolce Vita Location or the Dolce Vita Parties, and any of the following topics, items, or issues:
ambulance calls
cleaning access issues
construction issues
contact-surface issues
contagion
contamination
contamination sources
deficiencies
dirty handwashing facilities
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 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
https://www.health.ny.gov/environmental/indoors/food_safety/regs.htm
http://www.dos.ny.gov/coog/foil2.html#s86
John J. Tormey III, Esq.
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