Preview
FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/05/2022
NEWY0RK WATERMANAGEMENTinc.
December 7,2021
Jeff Lynch
Deputy Commissioner
DEP- BCCS
th
59-17 Junction Blvd. 13 flOOr
Corona, NY 11368
RE: BBL 1/345/7503 CIS #40001-03221-001
Dear Mr. Lynch:
Please be advised that the owners of the above referenced property have retained us to conduct an audit of
the property's water and sewer tax files.A Letter of Authorization isalready on file.
Please accept thisas our initialappeal of the decision dated 8/10/21.
BBL 1/345/7503 represents 148 Attorney Street, a newly constructed 6-unit building.
Acet #40001-03221-001 billed Code 484 for ACC forthe period of 11/18/18-8/12/20. This ACC was
issued due toa TOS violation, which was corrected on 7/31/20.
Please note thiswas billed Code 484, which isbased on service size, and is used for commercial
buildings, however thisproperty isa 6-unit building, and therefore should have been billed Code 480/481
on ACC. I have attached documentation from DOB showing thisas a 6-unit residential building.
The denial letterdated 8/10/21 stated that our lettercannot be considered, as the customer did not appeal
the 3/1/21 decision issued by the Deputy Commissioner. I have attached a copy of the Customers appeal
dated 9/18/20 as well as the Deputy Commissioners decision dated 3/1/21. The customer was contesting
the ACC in fullas they complied with the violations. However, our claim isnot contesting that the ACC
was not valid,rather we are contesting that DEP billedthem the incorrect rate,as they billed them as a
commercial property, when in fact thisis a residentialproperty. This is a new dispute and should be
treated as such.
Attached please find an email string with Rita Lefkowitz from the Water Group and Andrew Rettig, Chief
of Revenue Protection, from 2019, regarding a different property with a similar situation. In that case,
Chief Rettig agreed thatsince the issue they were discussing was not addressed in the prior administrative
decision, the merits of the dispute would be considered. This isexactly what we are requesting here. The
P.0.B0X190727 - BA00KLYN.
NEWY0AK11219 PHONE:718-686-0040 - FAX:719-972-1006 - WWW.WATEABILLS.COM
INF0GIWATERBILLS.COM
FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/05/2022
prior dispute and administrative decision did not discuss that the account was billed the wrong ACC rate
as itis a residential building. As such, we are requesting thisappeal be reviewed.
Based on this information, please cancel Code 484 for the period of 11/18/18-8/12/20 and rebillfor 1
Code 480 and 5 Code 481, as this isa 6-unit residential building.
Please do not hesitate to contact us with any questions at 917-940-5864.
Thank ou.
Ezra Schwartz
P.0.BDX190727 - BRODKLYN,
NEWYORK11219 PK0NE:718-686-0040 - FAX:719·972-10D6 - WWW.WATEABILLS.COM
INFOEIWATERBILLS.COM
FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022
NYSCEF DOC. NO. 12 RECEIVEDINDEX
NYSCEF:
NO.
12/05/2022
15 6387 /2021
FILED: NEW YORK COUNTY CLERK :
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 08/24/2021
Andrew"
From: "Rettig,
Date: May 9, 2019 at 1:37:45 PM EDT
Subject: RE:
Rita -we agree that since the issue of the meter size was not addressed inthe prior administrative
decision, we willconsider the merils of your current dispute.
We will pullthe property from the liensale for 2019.
Andrew Rettig,Esq. | Chiefof Revenue Protection| NYC Environmental Protection
(0) 718 595 5650 718
| (F) 595 7337 |Andrewr@dep.nyc.aov
From: Rita Lefkowitz
Sent: Tuesday, May 07, 2019 12:37 PM
To: Rettig, Andrew
Subject: RE:
Hi. Our clientis concerned since the property is onthe lien advise
list.....please as to the status of this.
Thanks.
RitaLefkowitz
The Water Group, LLC
-65*
1825 StreetSuite #200
Brooklyn, NY I 1204
Tel: 718-621-3331 ext.13
Fax: 718-621-4754
E-mail: Rita@,Watergroupny.com
From: Rita Lefkowitz
Sent: Thursday, May 02, 2019 10:13 AM
To: Rettig, Andrew
Subject: RE:
Hi. Are there any updates on this?
Thanks.
Ritatefkowitz
The Water Group. LLC
-65*
1825 StreetSuite #200
Brooklyn. NY l 1204
Tel: 718-621-3331 ext.13
Fax: 718-621-4754
FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022
NYSCEF DOC. NO. 12 RECEIVEDINDEX
NYSCEF:
NO.
12/05/2022
156387/2021
FILED: NEW YORK COUNTY CLERK :
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 08/24/2021
E-mail: Rita(&Watergroupny.com
From: Rettig, Andrew [mailto:AndrewR@dep.nyc.aov1
Sent: Wednesday, March 20, 2019 1:50 PM
To: Rita Lefkowitz
Subject: RE:
Your dispute isbeing processed.
Andrew Rettig,Esq. | Chiefof Revenue Protection| NYC Environmental Protection
(0) 718 595 5650 718
| (F) 595 7337 |Andrewr@dep.nvc.aov
From: Rita Lefkowitz
Sent: Wednesday, March 20, 2019 9:42 AM
To: Rettig, Andrew
Subject: RE:
Hi. I just
want to follow up on the inquiry below. Please advise as to the status.
Thank you.
Sincerely,
Ritatefkowitz
The Water Group, LLC
-65"'
t 825 StreetSuite #200
Brooklyn, NY I 1204
Tel: 718-621-3331 ex t.
13
Fax: 718-621-4754
E-mail. Rita@Watergroupny.com
From: Rita Lefkowitz
Sent: Monday, February 25, 2019 4:57 PM
'andrewr@dep.nyc.gov'
To:
Subject:
Dear Mr. Rettig,
We have forwarded an inquiry to DEP regarding the formula used to calculate the attributed
charges on the account for the above referenced property. At issue is DEP's response stating
that our client had already exhausted the appeals process. Our client was appealing the ACC
charges based on the fact that he installed a meter and itwas removed without his
knowledge. Our inquiry isnot challenging the surcharges per se, rather, we are pointing out
3" - 4" 2"
that the account was billed based on a service line,while the actual line is (the
FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/05/2022
FILED: NEW YORK COUNTY INDEX NO. 156387/2021
CLERK :
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 08/24/2021
2" -
domestic meter in place at the property isa meter and itis listed as such on the
account). IfDEP is going to surcharge, they must billfor the correct line size.
We submitted another letterto customer service explaining that this isin fact a new inquiry and
not a continuation of our client's appeals process, since this isan issue of which our client was
not aware when he filed his inquiry. Itis possible that DEP's customer service Dept. isnot
authorized to differentiate between our client's basis for filinghis inquiry and our new inquiry
which references a different issue.
We would appreciate itifyou could have the account reviewed and adjusted based on the fact
4"
that DEP billed based on a service line, when itshould have been 2".
Attached are our letters to DEP dated 1/4/19and 2/7/19 and DEP's correspondence dated
1/31/19 for your reference.
Your assistance in this matter isgreatly appreciated.
Sincerely,
Rita Letkowitz
The Water Group, LLC
-65"'
I825 StreetSuite #200
Brooklyn, NY 11204
Tel: 718-621-333l ext.13
Fax: 718-621-4754
E-mail: RitatidWatergroupny.com
FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/05/2022
March 1, 2021
Mr. Christopher Wang
148 Partners LLC
ental
14gh eg
220 West
Petection
New York, NY 1001 1
Re: Block: 345, Lot: I
Account Number: 4000103221001
Service Address: 148 Attorney Street,Manhattan
Dear Mr. Wang:
Vincent Sapienza,P.E.
Your 1citerpostmarked on September 22, 2020,appealing theDepartment of Environmental
commissioner
Protection's(DIIP) determination of May 29, 2020 has been reviewed and the findingsare
noted below.
Pursuant to theNew York City (NYC) Water Board rulesand regulations, any actionsthat
JettLynch
intcrferewith theaccurate measurement ofwater and sewer services and/or impair theaccurate
Deputy Commissioner
Customer Services I billingof a propertyin any way are considered Theft of Services and subject theaccount tothe
imposition of AttributedConsumption Charges (ACC).
FlusNn W 11373 On November 19, 2018, a new
4"
combined water and sewer connection was installedand
made active at theproperty,via DEP permit. On November 8, 2019, a DEP field inspector
Tel (718)595-7000 2"
Fax. 595-5647 visitedthe propeny and found a 6-story vacant building with meter H18266475 installed
(718) 4"
custersen4emamme.m and meter Bl 9086273 firesprinklerservice on a cast iron service,
illegally supplying
illegallyinstalledwithout validDEP permits,which was inviolation of NYC law. On
December 19, 2019, DEP reviewed theaccount billing,a Theft of Service Account
Administration feeof S650.00 and ACC were imposed on the account November
starting 19,
2018 and would continue to be themethod of billinguntil the violations were corrected.
When ACC are imposed on an account, itwill remain the monthly method of water and
billing
sewer charges untilaccess to thewater meter and/or service lineis provided. ACC will resultin
you paying significantlyhigher water and sewer ratesfor service.
On July 31,2020, domestic meter H18266475 and fire/sprinklermeter Bl9086273 were legally
installed,via DEP permits. On August 12,2020, a DEP fieldinspector revisited theproperty
and found both meters set properly,sealed the meters, and installeda new Meter Transmitting
Unit on the outer surface ofthe property. On February 19,2021, the ACC was prorated as of
August 12, 2020. Subsequent meter charges were issued forthe service period August 2020
12,
to February 19, 2021 totaling S330.69, based on actualwater usage recorded for theproperty.
Also, the associatedlate payment charges (interest) S301.31 were reversed.Please be
totaling
advised property owners are responsible for themaintenance ofthe property's system.
plumbing
These revised charges are validand no fustheradjustment warranted.
As of March 1, 2021, account has a balance due of $76,067.50. Payment be made at
may online,
nyc.gov/dep. or through DEP's pay-by-phone system or check
by calling 866-622-8292, by
payable tothe NYC Water Board, P.O. Box 11863, Newark, N.J. 07101-8163. Ifyou cannot
pay the balance infull,you may be eligibleto enterinto a payment agreement. For information
on payment agreements, please contact DEP's Collection Unit at718-595-7890.
The New York City Water Board allows you to appeal thisdecision within 60 days ofthe date
of thisletter.Ifyou choose todo so, submit a writtenappeal presenting new evidence to support
your claim along with a copy of thisletter.Send itto the 'Executive Director, New York City
Water 59-17 Junction 8'' 11373.'
Board, Blvd. 11., Flushing,NY
Scanned with CamScanner
FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/05/2022
148 PARTNERS LLC
14th
220 West Street #1B, New York, NY 10011
September 18, 2020
DEP-BDC Customer Service
Correspondence Unit
PO Box 739-056
Elmhurst, NY 11373
Re: Account #4000103221001 - 148 New NY 10002
Attorney Street, York,
I am writing in regards to the attached response letter received for the above-referenced account.
As previously stated, the building is currently under construction (DOB #123039808) and does not yet
have a Certificate of Occupancy. The project received Site Connection approval from DEP on May 2,
2017, and the two required meters for this building were installed on April 26, 2019 and May 1, 2019.
The meters were inspected and meter-reading devices connected on August 12, 2020.
Service"
I am asking respectfully that the "Theft of notice and any associated penalty charges are
rescinded, and that we are charged for direct water consumption charges only. I am attaching several
documents and photos as evidence of when work was performed and consumption during the period in
question.
Please see the following attachments:
1. Email from Master Plumber dated April 26, 2019, with photos showing RPZ meter #18266475
installed;
2. Site Daily Report dated May 1, 2019, with photo (on page 3) showing DCDA meter #19086273
installed;
3. Photos of each meter taken July 9, 2020 showing usage of 3.60 (#18266475) and 44.3144
(#19086273);
4. Approved DEP meter permits dated August 6, 2020;
5. Approved DEP Site Connection applications.
1
FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/05/2022
We appreciate your consideration in this matter. Please contact me with any questions or concerns.
Regards,
Christopher Wang
148 Partners LLC, Manager
chris@twokingsrealestate.com
609-759-1219
2
Preview
FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/05/2022 NEWY0RK WATERMANAGEMENTinc. December 7,2021 Jeff Lynch Deputy Commissioner DEP- BCCS th 59-17 Junction Blvd. 13 flOOr Corona, NY 11368 RE: BBL 1/345/7503 CIS #40001-03221-001 Dear Mr. Lynch: Please be advised that the owners of the above referenced property have retained us to conduct an audit of the property's water and sewer tax files.A Letter of Authorization isalready on file. Please accept thisas our initialappeal of the decision dated 8/10/21. BBL 1/345/7503 represents 148 Attorney Street, a newly constructed 6-unit building. Acet #40001-03221-001 billed Code 484 for ACC forthe period of 11/18/18-8/12/20. This ACC was issued due toa TOS violation, which was corrected on 7/31/20. Please note thiswas billed Code 484, which isbased on service size, and is used for commercial buildings, however thisproperty isa 6-unit building, and therefore should have been billed Code 480/481 on ACC. I have attached documentation from DOB showing thisas a 6-unit residential building. The denial letterdated 8/10/21 stated that our lettercannot be considered, as the customer did not appeal the 3/1/21 decision issued by the Deputy Commissioner. I have attached a copy of the Customers appeal dated 9/18/20 as well as the Deputy Commissioners decision dated 3/1/21. The customer was contesting the ACC in fullas they complied with the violations. However, our claim isnot contesting that the ACC was not valid,rather we are contesting that DEP billedthem the incorrect rate,as they billed them as a commercial property, when in fact thisis a residentialproperty. This is a new dispute and should be treated as such. Attached please find an email string with Rita Lefkowitz from the Water Group and Andrew Rettig, Chief of Revenue Protection, from 2019, regarding a different property with a similar situation. In that case, Chief Rettig agreed thatsince the issue they were discussing was not addressed in the prior administrative decision, the merits of the dispute would be considered. This isexactly what we are requesting here. The P.0.B0X190727 - BA00KLYN. NEWY0AK11219 PHONE:718-686-0040 - FAX:719-972-1006 - WWW.WATEABILLS.COM INF0GIWATERBILLS.COM FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/05/2022 prior dispute and administrative decision did not discuss that the account was billed the wrong ACC rate as itis a residential building. As such, we are requesting thisappeal be reviewed. Based on this information, please cancel Code 484 for the period of 11/18/18-8/12/20 and rebillfor 1 Code 480 and 5 Code 481, as this isa 6-unit residential building. Please do not hesitate to contact us with any questions at 917-940-5864. Thank ou. Ezra Schwartz P.0.BDX190727 - BRODKLYN, NEWYORK11219 PK0NE:718-686-0040 - FAX:719·972-10D6 - WWW.WATEABILLS.COM INFOEIWATERBILLS.COM FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022 NYSCEF DOC. NO. 12 RECEIVEDINDEX NYSCEF: NO. 12/05/2022 15 6387 /2021 FILED: NEW YORK COUNTY CLERK : NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 08/24/2021 Andrew" From: "Rettig, Date: May 9, 2019 at 1:37:45 PM EDT Subject: RE: Rita -we agree that since the issue of the meter size was not addressed inthe prior administrative decision, we willconsider the merils of your current dispute. We will pullthe property from the liensale for 2019. Andrew Rettig,Esq. | Chiefof Revenue Protection| NYC Environmental Protection (0) 718 595 5650 718 | (F) 595 7337 |Andrewr@dep.nyc.aov From: Rita Lefkowitz Sent: Tuesday, May 07, 2019 12:37 PM To: Rettig, Andrew Subject: RE: Hi. Our clientis concerned since the property is onthe lien advise list.....please as to the status of this. Thanks. RitaLefkowitz The Water Group, LLC -65* 1825 StreetSuite #200 Brooklyn, NY I 1204 Tel: 718-621-3331 ext.13 Fax: 718-621-4754 E-mail: Rita@,Watergroupny.com From: Rita Lefkowitz Sent: Thursday, May 02, 2019 10:13 AM To: Rettig, Andrew Subject: RE: Hi. Are there any updates on this? Thanks. Ritatefkowitz The Water Group. LLC -65* 1825 StreetSuite #200 Brooklyn. NY l 1204 Tel: 718-621-3331 ext.13 Fax: 718-621-4754 FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022 NYSCEF DOC. NO. 12 RECEIVEDINDEX NYSCEF: NO. 12/05/2022 156387/2021 FILED: NEW YORK COUNTY CLERK : NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 08/24/2021 E-mail: Rita(&Watergroupny.com From: Rettig, Andrew [mailto:AndrewR@dep.nyc.aov1 Sent: Wednesday, March 20, 2019 1:50 PM To: Rita Lefkowitz Subject: RE: Your dispute isbeing processed. Andrew Rettig,Esq. | Chiefof Revenue Protection| NYC Environmental Protection (0) 718 595 5650 718 | (F) 595 7337 |Andrewr@dep.nvc.aov From: Rita Lefkowitz Sent: Wednesday, March 20, 2019 9:42 AM To: Rettig, Andrew Subject: RE: Hi. I just want to follow up on the inquiry below. Please advise as to the status. Thank you. Sincerely, Ritatefkowitz The Water Group, LLC -65"' t 825 StreetSuite #200 Brooklyn, NY I 1204 Tel: 718-621-3331 ex t. 13 Fax: 718-621-4754 E-mail. Rita@Watergroupny.com From: Rita Lefkowitz Sent: Monday, February 25, 2019 4:57 PM 'andrewr@dep.nyc.gov' To: Subject: Dear Mr. Rettig, We have forwarded an inquiry to DEP regarding the formula used to calculate the attributed charges on the account for the above referenced property. At issue is DEP's response stating that our client had already exhausted the appeals process. Our client was appealing the ACC charges based on the fact that he installed a meter and itwas removed without his knowledge. Our inquiry isnot challenging the surcharges per se, rather, we are pointing out 3" - 4" 2" that the account was billed based on a service line,while the actual line is (the FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/05/2022 FILED: NEW YORK COUNTY INDEX NO. 156387/2021 CLERK : NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 08/24/2021 2" - domestic meter in place at the property isa meter and itis listed as such on the account). IfDEP is going to surcharge, they must billfor the correct line size. We submitted another letterto customer service explaining that this isin fact a new inquiry and not a continuation of our client's appeals process, since this isan issue of which our client was not aware when he filed his inquiry. Itis possible that DEP's customer service Dept. isnot authorized to differentiate between our client's basis for filinghis inquiry and our new inquiry which references a different issue. We would appreciate itifyou could have the account reviewed and adjusted based on the fact 4" that DEP billed based on a service line, when itshould have been 2". Attached are our letters to DEP dated 1/4/19and 2/7/19 and DEP's correspondence dated 1/31/19 for your reference. Your assistance in this matter isgreatly appreciated. Sincerely, Rita Letkowitz The Water Group, LLC -65"' I825 StreetSuite #200 Brooklyn, NY 11204 Tel: 718-621-333l ext.13 Fax: 718-621-4754 E-mail: RitatidWatergroupny.com FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/05/2022 March 1, 2021 Mr. Christopher Wang 148 Partners LLC ental 14gh eg 220 West Petection New York, NY 1001 1 Re: Block: 345, Lot: I Account Number: 4000103221001 Service Address: 148 Attorney Street,Manhattan Dear Mr. Wang: Vincent Sapienza,P.E. Your 1citerpostmarked on September 22, 2020,appealing theDepartment of Environmental commissioner Protection's(DIIP) determination of May 29, 2020 has been reviewed and the findingsare noted below. Pursuant to theNew York City (NYC) Water Board rulesand regulations, any actionsthat JettLynch intcrferewith theaccurate measurement ofwater and sewer services and/or impair theaccurate Deputy Commissioner Customer Services I billingof a propertyin any way are considered Theft of Services and subject theaccount tothe imposition of AttributedConsumption Charges (ACC). FlusNn W 11373 On November 19, 2018, a new 4" combined water and sewer connection was installedand made active at theproperty,via DEP permit. On November 8, 2019, a DEP field inspector Tel (718)595-7000 2" Fax. 595-5647 visitedthe propeny and found a 6-story vacant building with meter H18266475 installed (718) 4" custersen4emamme.m and meter Bl 9086273 firesprinklerservice on a cast iron service, illegally supplying illegallyinstalledwithout validDEP permits,which was inviolation of NYC law. On December 19, 2019, DEP reviewed theaccount billing,a Theft of Service Account Administration feeof S650.00 and ACC were imposed on the account November starting 19, 2018 and would continue to be themethod of billinguntil the violations were corrected. When ACC are imposed on an account, itwill remain the monthly method of water and billing sewer charges untilaccess to thewater meter and/or service lineis provided. ACC will resultin you paying significantlyhigher water and sewer ratesfor service. On July 31,2020, domestic meter H18266475 and fire/sprinklermeter Bl9086273 were legally installed,via DEP permits. On August 12,2020, a DEP fieldinspector revisited theproperty and found both meters set properly,sealed the meters, and installeda new Meter Transmitting Unit on the outer surface ofthe property. On February 19,2021, the ACC was prorated as of August 12, 2020. Subsequent meter charges were issued forthe service period August 2020 12, to February 19, 2021 totaling S330.69, based on actualwater usage recorded for theproperty. Also, the associatedlate payment charges (interest) S301.31 were reversed.Please be totaling advised property owners are responsible for themaintenance ofthe property's system. plumbing These revised charges are validand no fustheradjustment warranted. As of March 1, 2021, account has a balance due of $76,067.50. Payment be made at may online, nyc.gov/dep. or through DEP's pay-by-phone system or check by calling 866-622-8292, by payable tothe NYC Water Board, P.O. Box 11863, Newark, N.J. 07101-8163. Ifyou cannot pay the balance infull,you may be eligibleto enterinto a payment agreement. For information on payment agreements, please contact DEP's Collection Unit at718-595-7890. The New York City Water Board allows you to appeal thisdecision within 60 days ofthe date of thisletter.Ifyou choose todo so, submit a writtenappeal presenting new evidence to support your claim along with a copy of thisletter.Send itto the 'Executive Director, New York City Water 59-17 Junction 8'' 11373.' Board, Blvd. 11., Flushing,NY Scanned with CamScanner FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/05/2022 148 PARTNERS LLC 14th 220 West Street #1B, New York, NY 10011 September 18, 2020 DEP-BDC Customer Service Correspondence Unit PO Box 739-056 Elmhurst, NY 11373 Re: Account #4000103221001 - 148 New NY 10002 Attorney Street, York, I am writing in regards to the attached response letter received for the above-referenced account. As previously stated, the building is currently under construction (DOB #123039808) and does not yet have a Certificate of Occupancy. The project received Site Connection approval from DEP on May 2, 2017, and the two required meters for this building were installed on April 26, 2019 and May 1, 2019. The meters were inspected and meter-reading devices connected on August 12, 2020. Service" I am asking respectfully that the "Theft of notice and any associated penalty charges are rescinded, and that we are charged for direct water consumption charges only. I am attaching several documents and photos as evidence of when work was performed and consumption during the period in question. Please see the following attachments: 1. Email from Master Plumber dated April 26, 2019, with photos showing RPZ meter #18266475 installed; 2. Site Daily Report dated May 1, 2019, with photo (on page 3) showing DCDA meter #19086273 installed; 3. Photos of each meter taken July 9, 2020 showing usage of 3.60 (#18266475) and 44.3144 (#19086273); 4. Approved DEP meter permits dated August 6, 2020; 5. Approved DEP Site Connection applications. 1 FILED: NEW YORK COUNTY CLERK 12/05/2022 04:13 PM INDEX NO. 160349/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 12/05/2022 We appreciate your consideration in this matter. Please contact me with any questions or concerns. Regards, Christopher Wang 148 Partners LLC, Manager chris@twokingsrealestate.com 609-759-1219 2