Law
Office of John J. Tormey III, Esq.
John J. Tormey III, PLLC
1578 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, July 17, 2026
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:
damien.lavera@health.ny.gov
press@health.ny.gov
Damien LaVera – Deputy Commissioner, Public Affairs Group
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
cassandra.gunter@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
John J. Tormey III, PLLC
1578 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
FREEDOM OF INFORMATION LAW (“FOIL”)
Friday, July 17, 2026
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
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
damien.lavera@health.ny.gov
press@health.ny.gov
Damien LaVera – Deputy Commissioner, Public Affairs Group
New York State Department of Health (NYSDOH), Division Of Communications
Corning Tower, Empire State Plaza
Albany, New York 12237-0026 USA
gary.ginsberg@health.ny.gov
cassandra.gunter@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 – “Otto’s Full Service” alias “Otto’s”
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
FOIL Request – “Otto’s Full Service” alias “Otto’s”
505
Piermont Avenue, Piermont, NY 10968
Without
limitation to the further specificity of my itemized queries hereinbelow, this
FOIL request seeks all Records relating to the restaurant known as “Otto’s
Full Service” alias “Otto’s” currently located at 505
Piermont Avenue, Piermont, New York 10968 USA and its principals David
Kaliff and Jill Kaliff - including without limitation all safety, health, sanitary,
food, and beverage Records, and all Records relating to maximum restaurant
capacity, parking, valet parking, fire lane access, and fire code citations or fire
code violations - from the time-period commencing Friday, May 23, 2025 through
the present day.
My
understanding is that “Otto’s Full Service” opened to the public during the
summer of 2022.
The
restaurant, David Kaliff, and Jill Kaliff are hereafter referred to herein as
the “Otto’s Parties” for ease of reference.
You
will please note that fire access violations at Otto’s were the recent subject
of a Village of Piermont Board of Trustees meeting on June 16, 2026.
Transcripts of the meeting, and analysis, can be found here:
https://unhandpiermont.blogspot.com/2026/07/ottos-makes-donations-to-village.html
https://unhandpiermont.blogspot.com/2026/07/incorporated-village-of-piermont-board.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 Friday, May 23, 2025 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 safety, health, sanitary, food, drink, beverage, maximum
restaurant capacity, parking, valet parking, fire lane access, fire code
citation, fire code violation, or other inspections of, or otherwise
concerning, the subject location of 505 Piermont Avenue, Piermont,
New York 10968 USA (the “Otto’s Location”), or otherwise relating to the
Otto’s 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 Otto’s Location or the Otto’s 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
fire lane access
fire code citations
fire code violations
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
maximum restaurant capacity
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
parking
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
valet parking
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 Otto’s Parties, the Otto’s
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 Otto’s
Parties, the Otto’s 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 Otto’s 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 Otto’s Parties, the Otto’s 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 Otto’s Parties, the Otto’s 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 Otto’s Parties, the Otto’s Location, or
any of them.
9.
Premises Expansions Or Real Estate Sales Or Transfers. All
Records reflecting, referencing, or otherwise relating to any premises
expansions or real estate sales or transfers of, by, for, or otherwise
concerning the Otto’s Parties, the Otto’s 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 Otto’s Parties, the
Otto’s 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 Otto’s Parties, the
Otto’s 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 Otto’s Parties, the
Otto’s 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 Otto’s Parties, the Otto’s 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 Otto’s Parties, the Otto’s 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 Otto’s Parties, the Otto’s 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 Otto’s Parties, the
Otto’s 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 Otto’s Parties, the Otto’s 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 Otto’s Parties, the Otto’s 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 Otto’s Parties, the Otto’s
Location, or any of them – if any.
20.
Enforcement Actions. All Records reflecting, referencing, or
otherwise relating to any enforcement actions or comparable actions against,
about, concerning, or otherwise relating to the Otto’s Parties, the Otto’s
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 Otto’s Parties, the Otto’s
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 Village of
Piermont, the Rockland County Department of Health, your New York State
Department of Health, or any building authority, zoning authority, or code
enforcement authority - as relating to the Otto’s Parties, the Otto’s 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 Otto’s Parties, the Otto’s 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
Otto’s Parties, the Otto’s 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 Otto’s Parties,
the Otto’s 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 Otto’s Parties, the Otto’s
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.
https://unhandpiermont.blogspot.com/2026/07/ottos-makes-donations-to-village.html
https://unhandpiermont.blogspot.com/2026/07/incorporated-village-of-piermont-board.html
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 Friday, May 23, 2025 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 Otto’s Location or the Otto’s 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
fire lane access
fire code citations
fire code violations
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
maximum restaurant capacity
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
parking
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
valet parking
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
Local Health
County
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Owner/Operator First
Owner/Operator Last Name
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Service
Service Date
# Critical
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Violation Item Number
Violation Description
Critical
Violation Findings
Comments
Department
Number
Status
Name
Violations
Violations
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Found
Not Corrected
Found
Violation
Violation Description
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Violation Findings
Comments
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Number
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Not Corrected
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Violation
