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
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 JERSEY OPEN PUBLIC RECORDS ACT (“OPRA”)
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
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
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
FOIL And OPRA Request – “Tallman
Beach And Pool Club”
All Health, Sanitary, Food, Drink, Beverage, Infestation, And Safety Records
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 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
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
All Health, Sanitary, Food, Drink, Beverage, Infestation, And Safety Records
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.
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
http://www.dos.ny.gov/coog/foil2.html
and, as may be applicable, its state, federal, and other counterparts, including without limitation:
https://nj.gov/opra/
https://www.nfoic.org/new-jersey-sample-OPRA-request
https://en.wikipedia.org/wiki/Open_Public_Records_Act; and
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:
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
