Preview
FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023
SUPREME COURT OF THE STATE OF NEW YORK
ALBANY COUNTY
---------------------------- ---------------x
In the Matter of the Application of :
TOWN OF BROOKHAVEN, :
:
Petitioner, :
:
For an Order Pursuant to Article 78 of the Civil Practice :
Law and Rules and Agriculture and Markets Law § 37 :
:
-against- :
:
RICHARD A. BALL, Commissioner of the New York :
State Department of Agriculture and Markets, and :
DELEA SOD FARMS, INC., : Index No. 907862-22
:
Respondents, :
:
-and- :
:
CENTRAL PINE BARRENS JOINT PLANNING & :
POLICY COMMISSION, :
:
Additional Respondent :
Joined as a Necessary/ :
Affected Party Under :
CPLR 1001(a) :
------------------------------------------- x
ADMINISTRATIVE RECORD
VOLUME V OF VI
R607-R719
LETITIA JAMES
Attorney General of the State of New York
28 Liberty Street
New York, New York 10005
(212) 416-8271
Andrew G. Frank,
Assistant Attorney General
Of Counsel
February 14, 2023
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Note about e-mails: To avoid duplication and placing excessive material in the
administrative record, when there is a chain of e-mails,
the chain is included in the record once, with the date and
sender/recipients of the last e-mail in the chain used to
designate the chain in the index to the record. The earlier
e-mails in the chain are not separately included in the
record or listed in the index as individual documents.
INDEX TO ADMINISTRATIVE RECORD
VOLUME I
Date Description Page Range
November 22, 2022 Letter from Michael Latham to Town R001
Supervisor Edward Romaine
Enclosure: November 22, 2022 Department R002-R008
Order to Town of Brookhaven
October 13, 2022 E-mail from Judah Serfaty to Danielle R009-R012
Cordier
October 13, 2022 Notice of Petition R013-R014
October 13, 2022 Verified Petition R015-R041
September 16, E-mail from Richard DeLea to Frank R042-R043
2022 Beyrodt and Michael Latham
September 16, E-mail from Michael Latham to Richard R044
2022 DeLea and Frank Beyrodt
September 14, Letter from Michael Latham to Town R045-R049
2022 Supervisor Edward Romaine
April 7, 2022 E-mail from Danielle Cordier to John R050-R051
Armentano, Maryellen Boyle and Kathleen
Tylutki
April 6, 2022 E-mail from Maryellen Boyle to Kathleen R052
Tylutki and Danielle Cordier
April 6, 2022 Letter from Robert Calica to Michael R053-R054
Latham
April 4, 2022 E-mail from Philip Butler to Judah Serfaty, R055-R059
Danielle Cordier and Kathleen Tylutki
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023
Date Description Page Range
April 4, 2022 Affidavit of Kristen Scroope with R060-R069
Attachment
April 4, 2022 DeLea Sod Farms Memorandum of Law R070-R081
March 22, 2022 E-mail from John Armentano to Danielle R082-R086
Cordier, Judah Serfaty and Kathleen
Tylutki
March 17, 2022 E-mail from John Armentano to Judah R087-R090
Serfaty, Danielle Cordier and Kathleen
Tylutki
March 17, 2022 E-mail from Judah Serfaty to Danielle R091
Cordier and Kathleen Tylutki
March 17, 2022 Letter from Robert Calica to Michael R092
Latham
Enclosure: March 17, 2022 Town of R093-R119
Brookhaven Reply Memorandum of Law
March 11, 2022 E-mail from John Armentano to Danielle R120-R122
Cordier, Robert Calica and Kathleen Tylutki
March 11, 2022 Letter from John Armentano to Danielle R123
Cordier
Enclosure: March 11, 2022 DeLea Sod R124-R162
Farms Memorandum of Law with Appendix
VOLUME II
February 18, 2022 E-mail from John Armentano to Danielle R163-R165
Cordier, Robert Calica and Kathleen Tylutki
February 1, 2022 E-mail from John Armentano to Danielle R166-R167
Cordier, Jessica Lynch, Robert Calica,
Kathleen Tylutki and Town Attorney
Annette Eaderesto
January 28, 2022 E-mail from Jessica Lynch to Robert Calica, R168-R169
Kathleen Tylutki and Daniel Cordier
January 28, 2022 Town of Brookhaven’s Memorandum of Law R170-R201
2
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023
Date Description Page Range
January 20, 2022 E-mail from Robert Calica to Kathleen R202
Tylutki and Danielle Cordier
January 20, 2022 Letter from Robert Calica to Michael R203
Latham
December 21, 2021 E-mail from Jessica Lynch to Danielle R204-R205
Cordier and Kathleen Tylutki
December 20, 2021 E-mail from Jessica Lynch to Kathleen R206
Tylutki and Danielle Cordier
December 20, 2021 Letter from Robert Calica to Michael R207-R214
Latham
November 22, 2021 E-mail from John Armentano to Kathleen R215a-R215e
Tylutki, Richard DeLea, Frank Beyrodt
November 22, 2021 E-mail from Kathleen Tylutki to Robert R216
Calica
November 19, 2021 Letter from Michael Latham to Town R217-R222
Supervisor Edward Romaine
October 12, 2021 E-mail from Kathleen Tylutki to Frank R223-R225
Beyrodt
October 7, 2021 E-mail from Richard DeLea to Kathleen R226-R227
Tylutki
October 7, 2021 Invoices R228-R232
(transmitted)
June 14, 2021 E-mail from Robert Calica to Kathleen R233
Tylutki and Danielle Cordier
June 14, 2021 Letter from Robert Calica to Michael R234-R235
Latham
Enclosure: June 14, 2021 Decision and R236
Order on Motion
June 11, 2021 E-mail from John Armentano to Robert R237
Calica, Kathleen Tylutki and Danielle
Cordier
June 11, 2021 Letter from John Armentano to Michael R238-R239
Latham
June 9, 2021 E-mail from Kathleen Tylutki to Robert R240
Calica and John Armentano
3
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023
Date Description Page Range
June 9, 2021 Letter from Michael Latham to John R241-R242
Armentano and Robert Calica
June 9, 2021 E-mail from Robert Calica to Kathleen R243
Tylutki and Danielle Cordier
June 9, 2021 Letter from Robert Calica to Michael R244-R253
Latham with Enclosures
June 9, 2021 E-mail from Robert Calica to Kathleen R254
Tylutki and Danielle Cordier
June 9, 2021 Letter from Robert Calica to Michael R255-R286
Latham with Enclosures
June 7, 2021 E-mail from John Armentano to Danielle R287-R289
Cordier
June 7, 2021 Order to Show Cause (signed) R290-R292
VOLUME III
June 7, 2021 E-mail from John Armentano to Danielle R293-R298
Cordier
June 7, 2021 Letter from Robert Calica to Second R299-R300
Department Order to Show Cause Intake
Clerk
June 7, 2021 Order to Show Cause and Affirmation of R301-R375
Robert Calica with Exhibits
June 4, 2021 E-mail from Philip Butler to Commissioner R376
Richard Ball, Danielle Cordier and Kathleen
Tylutki
4
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023
Date Description Page Range
June 4, 2021 Letter from John Armentano to R377-R379
Commissioner Richard Ball
Exhibit A: May 25, 2021 Affidavit of R380-R392
Richard DeLea
Exhibit B: April 18, 2021 Photographs R393-R395
Exhibit C: April 28, 2021 Photographs R396-R399
Exhibit D: June 3, 2021 Notice of Appeal R400-R417
Exhibit E: June 4, 2021 e-mail from Jessica R418-R424
Lynch to John Armentano and Philip Butler
June 4, 2021 E-mail from John Armentano to Danielle R425-R427
Cordier
June 4, 2021 Order to Show Cause (unsigned) R428-R431
(transmitted)
June 4, 2021 Affirmation of Robert Calica (unsigned) R432-R442
(transmitted)
June 4, 2021 E-mail from John Armentano to Danielle R443-R444
Cordier and Kathleen Tylutki
June 4, 2021 Order to Show Cause (unsigned) R445-R448
(transmitted)
June 3, 2021 E-mail from John Armentano to Danielle R449
Cordier
June 3, 2021 Notice of Appeal R450-R466
June 3, 2021 E-mail from John Armentano to Danielle R467
Cordier
June 3, 2021 Notice of Entry R468-R479
June 3, 2021 E-mail from John Armentano to Danielle R480
Cordier
June 3, 2021 Amended Order R481-R482
June 2, 2021 E-mail from John Armentano to Danielle R483
Cordier
June 2, 2021 Order R484-R485
5
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Date Description Page Range
June 1, 2021 E-mail from John Armentano to Danielle R486-R489
Cordier, Richard DeLea and Frank Beyrodt
May 26, 2021 E-mail from John Armentano to Danielle R490-R492
Cordier
May 26, 2021 Memorandum of Law of DeLea Sod Farms R493-R519
May 21, 2021 E-mail from John Armentano to Danielle R520-R523
Cordier and Kathleen Tylutki
May 21, 2021 Interim Stipulation and Order R524-R525
(transmitted)
May 18, 2021
(signed)
May 21, 2021 Notes by Kathleen Tylutki of telephone call R526
with John Armentano, Frank Beyrodt,
Richard DeLea and Danielle Cordier
May 20, 2021 E-mail from John Armentano to Danielle R527
Cordier
May 20, 2021 Invoices R528-R532
May 19, 2021 E-mail from Danielle Cordier to John R533-R535
Armentano, Richard DeLea and Frank
Beyrodt
May 18, 2021, E-mail from John Armentano to Danielle R536-R537
Cordier, Richard DeLea, Frank Beyrodt
May 17, 2021 E-mail from John Armentano to John R538-R541
Rusnica and Danielle Cordier
May 17, 2021 Order to Show Cause (signed) R542-R544
May 14, 2021 E-mail from John Armentano to John R545-R548
Rusnica and Danielle Cordier
VOLUME IV
May 14, 2021 E-mail from Kathleen Tylutki to John R549-R552
Armentano, John Rusnica and Danielle
Cordier
May 14, 2021 Letter to from Kathleen Tylutki to John R553
Armentano
6
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Date Description Page Range
May 13, 2021 E-mail from John Armentano to R554-R555
Commissioner Richard Ball, Kathleen
Tylutki and Danielle Cordier
May 13, 2021 Order to Show Cause (unsigned) R556-R559
May 13, 2021 Emergency Affirmation of Robert Calica R560-R570
May 13, 2021 Affirmation of Town Attorney Annette R571-R576
Eaderesto
May 7, 2021 E-mail from Philip Butler to Commissioner R577-R578
Richard Ball
May 7, 2021 Letter from John Armentano to R579-R595
Commissioner Richard Ball with Exhibits
April 22, 2021 E-mail from Doreen Salera-Calabrese to R596
Danielle Cordier
April 22, 2021 E-mail from Doreen Salera-Calabrese to R597
Danielle Cordier
April 22, 2021 Letter from Robert Calica to Michael R598-R601
Latham
Exhibit A: April 18, 2021 photograph R602
Exhibit B: April 18, 2021 photograph R603
Exhibit C: April 18, 2021 photograph R604
Exhibit D: April 18, 2021 photograph R605
Exhibit E: April 18, 2021 photograph R606
VOLUME V
April 21, 2021 Notes by Kathleen Tylutki of telephone call R607
with Richard DeLea
April 21, 2021 E-mail from Richard DeLea to Kathleen R608-R609
Tylutki
April 5, 2021 E-mail from Robert Calica to Danielle R610
Cordier
7
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Date Description Page Range
April 5, 2021 E-mail from Doreen Salera-Calabrese to R611-R612
Danielle Cordier
April 5, 2021 Letter from Robert Calica to Michael R613-R614
Latham
April 5, 2021 Memorandum of Law of Town of R615-R628
Brookhaven
April 5, 2021 Affidavit of Luke Ormand R629-R635
Exhibit A: February 5, 2021 Letter from
Robert Calica to Commissioner Richard Ball R636-R647
Exhibit B: February 11, 2021 Letter from
Robert Calica to Commissioner Richard Ball R648-R651
Exhibit C: October 15, 2020 Town Attorney R652-R687
Memorandum of Law and Exhibits
Exhibit D: September 14, 2017 DeLea Sod R688-R689
Farms Conditions of Discharge
Exhibit E: Undated e-mail from Luke R690-R695
Ormand to Robert Calica and Judah Serfaty
with photographs
Exhibit F: May 27, 2020 e-mail from Luke R696-R706
Ormand to Robert Calica with photographs
Exhibit G: February 24, 2021 e-mail from R707-R713
Luke Ormand to Robert Calica with
photographs
Exhibit H: undated photographs R714-R719
VOLUME VI
March 30, 2021 Site inspection notes of Kathleen Tylutki R720-R722
March 30, 2021 Site inspection photos of Kathleen Tylutki R723-R749
8
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023
Date Description Page Range
March 25, 2021 E-mail from John Armentano to Kathleen R750
Tylutki
March 25, 2021, E-mail from Danielle Cordier to Doreen R751-R752
Salera-Calabrese
March 18, 2021 E-mail from Doreen Salera-Calabrese to R753
Danielle Cordier
March 18, 2021 Letter from Robert Calica to Danielle R754-R755
Cordier
February 19, 2021 E-mail from Kathleen Tylutki to Town R756-R758
Supervisor Edward Romaine, Robert Calica
and John Armentano
February 18, 2021 Letter from Michael Latham to Town R759-R760
Supervisor Edward Romaine
February 16, 2021 E-mail from John Armentano to R761-R762
Commissioner Richard Ball and Robert
Calica
February 11, 2021 E-mail from Robert Calica to Danielle R763
Cordier
February 11, 2021 E-mail from Doreen Salera-Calabrese to R764
Commissioner Richard Ball
February 11, 2021 Letter from Robert Calica to Commissioner R765-R767
Richard Ball
February 10, 2021 E-mail from John Armentano to Robert R768-R769
Calica and Commissioner Richard Ball
February 10, 2021 Letter from John Armentano to R770
Commissioner Richard Ball
February 5, 2021 E-mail from Doreen Salera-Calabrese to R771
Commissioner Richard Ball
9
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Date Description Page Range
February 5, 2021 Letter from Robert Calica to Commissioner R772-R782
Richard Ball
Exhibit A: March 18, 2020 Complaint of R783-R800
Town of Brookhaven with Exhibits
Exhibit B: October 15, 2020, Town Attorney R801-R836
Memorandum of Law and Exhibits
Exhibit C: September 14, 2017 DeLea Sod R837-R838
Farms Conditions of Discharge
January 21, 2021 E-mail from Robert Calica to Danielle R839-R840
Cordier and Kathleen Tylutki
January 15, 2021 E-mail from Robert Calica to Commissioner R841
Richard Ball
January 15, 2021 Letter from Robert Calica to Commissioner R842-R843
Richard Ball
Exhibit A: October 15, 2020, Town Attorney R844-R879
Memorandum of Law and Exhibits
January 6, 2021 E-mail from John Armentano to Jeffrey R880-R881
Kehoe and Kathleen Tylutki
January 6, 2021 Letter from John Armentano to R882-R912
Commissioner Richard Ball with Exhibits
July 24, 2020 Letter from Commissioner Richard Ball to R913-R916
John Armentano
10
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FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023
SUPREME COURT OF THE STATE OF NEW YORK
ALBANY COUNTY
---------------------------- ---------------x
In the Matter of the Application of
TOWN OF BROOKHAVEN,
Petitioner,
For an Order Pursuant to Article 78 of the Civil Practice
Law and Rules and Agriculture and Markets Law§ 37
-against-
RICHARD A. BALL, Commissioner of the New York
State Department of Agriculture and Markets, and
DELEA SOD FARMS, INC., Index No. 907862-22
Respondents,
-and-
CENTRAL PINE BARRENS JOINT PLANNING &
POLICY COMMISSION,
Additional Respondent
Joined as a Necessary/
Affected Party Under
CPLR lO0l(a)
------------------------------------------- X
CERTIFICATION PURSUANT TO C_P,L.R § 7804(e)
STATE OF NEW YORK )
) ss.:
COUNTY OF ALBANY )
I, Danielle C. Cordier, an Associate Attorney employed by respondent New
York State Department of Agriculture and Markets (the "Department"), do hereby
certify, pursuant to C.P.L.R. § 7804(e), that the documents contained in this index
constitute the record of the administrative proceedings for the Department's
12 of 126
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023
adoption of the September 14, 2022 Final Det ermination and th e November 22,
2022 Order challenged in the above-r efere_;
na \· -:. la
c-e_;;,,,.~ o-
L:t!E'.l.3,t, ,L•
c..::
. -----'=------'- ---
Danielle C. Cordier
bruar 2023
NICOLE PERSAUD
Notary Public, State of New York
Reg.No.01PE6248087
. Qualified in Kings County /) ~
Comm,ss,on Expires September 12, 2~
2
13 of 126
Ground of to 250
FILED: aC. COUNTY CLERK 02/15/2023 04:33 PM
ALBANY INDEX NO. 907862-22
• 10,890,000
NYSCEF DOC.sqft
NO.in sod
42 RECEIVED NYSCEF: 02/15/2023
• compost sales Sol cu yds
• Brown, Black mulch- 9,700 cuyds
Sod 4.9 million
mulch 254k
no mulch made on site here
ether brought in or made @
another location
- would assume flowers to be
Sold again timis year.
R607
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023
From: Rick DeLea
To: Tylutki, Kathleen (AGRICULTURE)
Subject: RE: Follow up questions
Date: Wednesday, April 21, 2021 8:15:25 AM
ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown
senders or unexpected emails.
Hi kate when u have a min pls call me 5168855952 thanx rick
From: Tylutki, Kathleen (AGRICULTURE) [mailto:Kathleen.Tylutki@agriculture.ny.gov]
Sent: Thursday, April 15, 2021 9:06 AM
To: Frank Beyrodt
Cc: Rick DeLea
Subject: RE: Follow up questions
Good morning Frank,
Thank you for providing this information to me. While the volume of mulch, compost and
topsoil is helpful, to really help us evaluate the specifics of the products, we are going to
need a breakdown across the various products sold by retail sale value or percentage of
total sales. Also in regards to the flowers that were being sold at the farm stand, do you
anticipate having the flowers be sold again this year, or any other nursery stock?
Thanks, Kate
Kathleen Tylutki
Department of Agriculture and Markets | Division of Land and Water
10B Airline Drive, Albany, NY 12235
(518) 457-2851 l Kathleen.Tylutki@agriculture.ny.gov
http://www.agriculture.ny.gov
From: Frank Beyrodt
Sent: Wednesday, April 14, 2021 8:05 AM
To: Tylutki, Kathleen (AGRICULTURE)
Cc: Rick DeLea
Subject: Re: Follow up questions
ATTENTION: This email came from an external source. Do not open attachments or click on links from
unknown senders or unexpected emails.
Hi Kate.
1. Yes. On Long Island we have roughly 1800 acres under sod production and sold 900 acres of sod
last year.
2. By volume in a year we sell +/- 7000 cubic yards of mulch, compost, and topsoil depending on
demand. We also sell seed, fertilizer, lime, and a few other complimentary items.
3. We do not produce any mulch on location. 100% is brought in to provide as an accessory to our
agricultural product, sod.
4. The flowers sold on location are produced by a friend. He sells them at what was recently our
farm stand. At that time we sold vegetables that we grow on site.
Thanks for visiting. Feel free to contact us for any other questions.
Frank
Sent from my iPhone
On Apr 13, 2021, at 8:18 AM, Tylutki, Kathleen (AGRICULTURE)
R608
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NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023
wrote:

Good morning Rich and Frank,
I hope the weather down there has been as beautiful as it has been up here.
After further discussion, I have several questions regarding your operation.
1. For confirmation, you stated you sell approximately 900 acres of
sod/year, correct?
2. Please provide a breakdown of Delea’s sales of sod, mulch, compost and
other products; a percentage of each is fine.
3. Is the mulch 100% imported or do you chip and/or dye any yourself?
4. The seasonal plants that are sold, are they sold under the Delea name or
under the business name of the individual you allow to sell there.
If you have any questions for me, please let me know. I look forward to hearing
from you.
Thank you, Kate
Kathleen Tylutki
Department of Agriculture and Markets | Division of Land and Water
10B Airline Drive, Albany, NY 12235
(518) 457-2851 l Kathleen.Tylutki@agriculture.ny.gov
http://www.agriculture.ny.gov
The content of this email is confidential and intended for the recipient specified in message only. It is
strictly forbidden to share any part of this message with any third party, without a written consent of
the sender. If you received this message by mistake, please reply to this message and follow with its
deletion, so that we can ensure such a mistake does not occur in the future.
The content of this email is confidential and intended for the recipient specified in message
only. It is strictly forbidden to share any part of this message with any third party, without a
written consent of the sender. If you received this message by mistake, please reply to this
message and follow with its deletion, so that we can ensure such a mistake does not occur in
the future.
R609
16 of 126
FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023
From: Rob Calica
To: Cordier, Danielle (AGRICULTURE)
Cc: Tylutki, Kathleen (AGRICULTURE); Armentano, John C.; Eaderesto, Annette (Annette Eaderesto
; ; >); Judah Serfaty
Subject: Request for Formal AML §305-a Review - Delea Sod Farms, Inc., Miller Place, New York Suffolk County Ag.
District No. 3
Date: Monday, April 5, 2021 4:50:06 PM
Attachments: Response Ltr to Latham Dept Ag_04-5-2021 (00368378xBDBF4).pdf
Town"s MOL Response to Request for Formal AML Review FINAL 4-5-2021 (00368373xBDBF4).pdf
Ormand Afd FINAL (00368374xBDBF4).pdf
Ex A to Ormand"s Afd 2-5-2021 Ltr to Commissioner Ball (00368165xBDBF4).pdf
Ex B to Ormand Afd - 2-11-2021 Ltr to Commissioner Ball (00368167xBDBF4).pdf
ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown
senders or unexpected emails.
Please see the Town of Brookhaven’s attached response in this matter also being sent to
Director Latham by Federal Express today. Thank you.
Rob Calica
Robert M. Calica, Esq.
Rosenberg Calica & Birney LLP
100 Garden City Plaza, Suite 408
Garden City, New York 11530
(516) 747-7400
(516) 971-7400 (Cell)
rcalica@rcblaw.com
Note: The information contained in this electronic message and any attachments to this message
are intended for the exclusive use of the addressee(s) and may contain proprietary, confidential
and/or privileged information. If you are not the intended recipient, please notify Rosenberg Calica
& Birney LLP immediately at (516) 747-7400 or at info@rcblaw.com and destroy all copies of this
message and any attachments. Unintended transmissions shall not constitute waiver of the
attorney/client or any other privilege.
R610
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FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22
NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023
From: Doreen Salera-Calabrese
To: Cordier, Danielle (AGRICULTURE)
Cc: Tylutki, Kathleen (AGRICULTURE); Armentano, John C.; Annette Eaderesto (aeaderesto@brookhavenny.gov);
Judah Serfaty; Rob Calica
Subject: RE: Request for Formal AML §305-a Review - Delea Sod Farms, Inc., Miller Place, New York Suffolk County Ag.
District No. 3
Date: Monday, April 5, 2021 4:58:38 PM
Attachments: Ex C to Ormand Afd 10-15-2020 MOL to ZBA w exs (00368169xBDBF4).pdf
Ex D to Ormand Afd - Conditional Discharge (00368170xBDBF4).pdf
Ex E to Ormand Afd - May 2020 Email w- Photos (00368302xBDBF4).pdf
Ex F to Ormand Afd - EM fr Ormand w Photos Late May 2020 (00368173-2xBDBF4).pdf
Ex G to Ormand Afd - EM fr Ormand w Photos 2-24-2021 (00368174xBDBF4).pdf
Ex H to MOL Ormand Afd - Exs A B to Sup Ct Complaint (00368171xBDBF4).pdf
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senders or unexpected emails.
Please see remainder of attachments (Exs C – H)
Thank you,
Doreen A. Salera, Legal Assistant
Rosenberg Calica & Birney LLP
100 Garden City Plaza, Suite 408
Garden City, New York 11530
(516) 747-7400
Note: The information contained in this electronic message and any attachments to this message are
intended for the exclusive use of the addressee(s) and may contain proprietary, confidential and/or
privileged information. If you are not the intended recipient, please notify Rosenberg Calica & Birney LLP
immediately at (516) 747-7400 or at info@rcblaw.com and destroy all copies of this message and any
attachments. Unintended transmissions shall not constitute waiver of the attorney/client or any other
privilege.
From: Rob Calica
Sent: Monday, April 05, 2021 4:50 PM
To: Cordier, Danielle (AGRICULTURE)
Cc: Tylutki, Kathleen (AGRICULTURE) ; Armentano, John C.
; Eaderesto, Annette (Annette Eaderesto
; ; >) ; Judah Serfaty
Subject: Request for Formal AML §305-a Review - Delea Sod Farms, Inc., Miller Place, New York
Suffolk County Ag. District No. 3
Please see the Town of Brookhaven’s attached response in this matter also being sent to
Director Latham by Federal Express today. Thank you.
Rob Calica
Robert M. Calica, Esq.
Rosenberg Calica & Birney LLP
100 Garden City Plaza, Suite 408
Garden City, New York 11530
(516) 747-7400
(516) 971-7400 (Cell)
rcalica@rcblaw.com
Note: The information contained in this electronic message and any attachments to this message
are intended for the exclusive use of the addressee(s) and may contain proprietary, confidential
and/or privileged information. If you are not the intended recipient, please notify Rosenberg Calica
& Birney LLP immediately at (516) 747-7400 or at info@rcblaw.com and destroy all copies of this
message and any attachments. Unintended transmissions shall not constitute waiver of the
R611
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attorney/client or any other privilege.
R612
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ROSENBERG CALICA & BIRNEY LLP
ATTORNEYS AND COUNSELORS AT LAW
I 00 GARDEN CITY PLAZA. SUITE 408
GARDEN CITY. NEW YORK 1 1 530
RONALD J. ROSENBERG• TELEPHONE (516) 747-7400 DIANA G. ATTNER
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VIA FEDERAL EXPRESS
Mr. Michael J. Latham, Director
NYS Department of Agriculture and Markets
Division of Agriculture Protection and Development Services
1OB Airline Drive
Albany, New York 12235
Re: Request for Formal AML §305-a Review
Delea Sod Farms, Inc., Miller Place, New York
Suffolk County Agriculture District No. 3
Dear Director Latham:
We are attorneys for respondent, the Town of Brookhaven, New York ("Town") in this
matter (as Special Counsel to Brookhaven Town Attorney Annette Eaderesto, Esq.).
We respectfully file herewith the Town's Memorandum of Law responding to Delea
Sod's AML §305-a Review request (which includes the Town's request for termination of this
proceeding based upon the documentary record now before the Department).
We also enclose the Affidavit of Town of Brookhaven's Senior Environmental Analyst
Luke Ormand and Exhibits A - H thereto which constitute the documentary basis for the Town's
response and request for termination of the proceeding.
We thank you and the Department for your attention and courtesy.
Respectfully,
RMC:ds
cc: Ms. Katherine Tylutki
Agriculture Department (via email)
{00368370-1} R613
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ROSENBERG GALIGA & BIRNEY LLP
April 5, 2021
Page2
Danielle Cordier, Esq.
Agriculture Department (via email)
John C. Armentano, Esq.
Farrell Fritz (via email)
Annette Eaderesto, Esq.
Town Attorney, Town of Brookhaven (via email)
Enclosures
{00368370-1}
R614
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NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS
DIVISION OF AGRICULTURE PROTECTION AND DEVELOPMENT SERVICES
---------------------------------------------------------------X
REQUEST FOR FORMAL AML §305-a REVIEW
DELEA SOD FARMS INC., Miller Place,
New York
Suffolk County Agriculture District #3
---------------------------------------------------------------X
MEMORANDUM OF LAW OF TOWN OF BROOKHAVEN IN RESPONSE TO
REQUEST FOR FORMAL AML §305-a REVIEW DELEA SOD FARMS, INC., MILLER
PLACE, NEW YORK SUFFOLK COUNTY AGRICULTURE DISTRICT NO. 3
(And Town's Request for Termination of Proceeding)
ROSENBERG CALICA & BIRNEY LLP
Preview
FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 SUPREME COURT OF THE STATE OF NEW YORK ALBANY COUNTY ---------------------------- ---------------x In the Matter of the Application of : TOWN OF BROOKHAVEN, : : Petitioner, : : For an Order Pursuant to Article 78 of the Civil Practice : Law and Rules and Agriculture and Markets Law § 37 : : -against- : : RICHARD A. BALL, Commissioner of the New York : State Department of Agriculture and Markets, and : DELEA SOD FARMS, INC., : Index No. 907862-22 : Respondents, : : -and- : : CENTRAL PINE BARRENS JOINT PLANNING & : POLICY COMMISSION, : : Additional Respondent : Joined as a Necessary/ : Affected Party Under : CPLR 1001(a) : ------------------------------------------- x ADMINISTRATIVE RECORD VOLUME V OF VI R607-R719 LETITIA JAMES Attorney General of the State of New York 28 Liberty Street New York, New York 10005 (212) 416-8271 Andrew G. Frank, Assistant Attorney General Of Counsel February 14, 2023 1 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 Note about e-mails: To avoid duplication and placing excessive material in the administrative record, when there is a chain of e-mails, the chain is included in the record once, with the date and sender/recipients of the last e-mail in the chain used to designate the chain in the index to the record. The earlier e-mails in the chain are not separately included in the record or listed in the index as individual documents. INDEX TO ADMINISTRATIVE RECORD VOLUME I Date Description Page Range November 22, 2022 Letter from Michael Latham to Town R001 Supervisor Edward Romaine Enclosure: November 22, 2022 Department R002-R008 Order to Town of Brookhaven October 13, 2022 E-mail from Judah Serfaty to Danielle R009-R012 Cordier October 13, 2022 Notice of Petition R013-R014 October 13, 2022 Verified Petition R015-R041 September 16, E-mail from Richard DeLea to Frank R042-R043 2022 Beyrodt and Michael Latham September 16, E-mail from Michael Latham to Richard R044 2022 DeLea and Frank Beyrodt September 14, Letter from Michael Latham to Town R045-R049 2022 Supervisor Edward Romaine April 7, 2022 E-mail from Danielle Cordier to John R050-R051 Armentano, Maryellen Boyle and Kathleen Tylutki April 6, 2022 E-mail from Maryellen Boyle to Kathleen R052 Tylutki and Danielle Cordier April 6, 2022 Letter from Robert Calica to Michael R053-R054 Latham April 4, 2022 E-mail from Philip Butler to Judah Serfaty, R055-R059 Danielle Cordier and Kathleen Tylutki 2 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 Date Description Page Range April 4, 2022 Affidavit of Kristen Scroope with R060-R069 Attachment April 4, 2022 DeLea Sod Farms Memorandum of Law R070-R081 March 22, 2022 E-mail from John Armentano to Danielle R082-R086 Cordier, Judah Serfaty and Kathleen Tylutki March 17, 2022 E-mail from John Armentano to Judah R087-R090 Serfaty, Danielle Cordier and Kathleen Tylutki March 17, 2022 E-mail from Judah Serfaty to Danielle R091 Cordier and Kathleen Tylutki March 17, 2022 Letter from Robert Calica to Michael R092 Latham Enclosure: March 17, 2022 Town of R093-R119 Brookhaven Reply Memorandum of Law March 11, 2022 E-mail from John Armentano to Danielle R120-R122 Cordier, Robert Calica and Kathleen Tylutki March 11, 2022 Letter from John Armentano to Danielle R123 Cordier Enclosure: March 11, 2022 DeLea Sod R124-R162 Farms Memorandum of Law with Appendix VOLUME II February 18, 2022 E-mail from John Armentano to Danielle R163-R165 Cordier, Robert Calica and Kathleen Tylutki February 1, 2022 E-mail from John Armentano to Danielle R166-R167 Cordier, Jessica Lynch, Robert Calica, Kathleen Tylutki and Town Attorney Annette Eaderesto January 28, 2022 E-mail from Jessica Lynch to Robert Calica, R168-R169 Kathleen Tylutki and Daniel Cordier January 28, 2022 Town of Brookhaven’s Memorandum of Law R170-R201 2 3 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 Date Description Page Range January 20, 2022 E-mail from Robert Calica to Kathleen R202 Tylutki and Danielle Cordier January 20, 2022 Letter from Robert Calica to Michael R203 Latham December 21, 2021 E-mail from Jessica Lynch to Danielle R204-R205 Cordier and Kathleen Tylutki December 20, 2021 E-mail from Jessica Lynch to Kathleen R206 Tylutki and Danielle Cordier December 20, 2021 Letter from Robert Calica to Michael R207-R214 Latham November 22, 2021 E-mail from John Armentano to Kathleen R215a-R215e Tylutki, Richard DeLea, Frank Beyrodt November 22, 2021 E-mail from Kathleen Tylutki to Robert R216 Calica November 19, 2021 Letter from Michael Latham to Town R217-R222 Supervisor Edward Romaine October 12, 2021 E-mail from Kathleen Tylutki to Frank R223-R225 Beyrodt October 7, 2021 E-mail from Richard DeLea to Kathleen R226-R227 Tylutki October 7, 2021 Invoices R228-R232 (transmitted) June 14, 2021 E-mail from Robert Calica to Kathleen R233 Tylutki and Danielle Cordier June 14, 2021 Letter from Robert Calica to Michael R234-R235 Latham Enclosure: June 14, 2021 Decision and R236 Order on Motion June 11, 2021 E-mail from John Armentano to Robert R237 Calica, Kathleen Tylutki and Danielle Cordier June 11, 2021 Letter from John Armentano to Michael R238-R239 Latham June 9, 2021 E-mail from Kathleen Tylutki to Robert R240 Calica and John Armentano 3 4 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 Date Description Page Range June 9, 2021 Letter from Michael Latham to John R241-R242 Armentano and Robert Calica June 9, 2021 E-mail from Robert Calica to Kathleen R243 Tylutki and Danielle Cordier June 9, 2021 Letter from Robert Calica to Michael R244-R253 Latham with Enclosures June 9, 2021 E-mail from Robert Calica to Kathleen R254 Tylutki and Danielle Cordier June 9, 2021 Letter from Robert Calica to Michael R255-R286 Latham with Enclosures June 7, 2021 E-mail from John Armentano to Danielle R287-R289 Cordier June 7, 2021 Order to Show Cause (signed) R290-R292 VOLUME III June 7, 2021 E-mail from John Armentano to Danielle R293-R298 Cordier June 7, 2021 Letter from Robert Calica to Second R299-R300 Department Order to Show Cause Intake Clerk June 7, 2021 Order to Show Cause and Affirmation of R301-R375 Robert Calica with Exhibits June 4, 2021 E-mail from Philip Butler to Commissioner R376 Richard Ball, Danielle Cordier and Kathleen Tylutki 4 5 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 Date Description Page Range June 4, 2021 Letter from John Armentano to R377-R379 Commissioner Richard Ball Exhibit A: May 25, 2021 Affidavit of R380-R392 Richard DeLea Exhibit B: April 18, 2021 Photographs R393-R395 Exhibit C: April 28, 2021 Photographs R396-R399 Exhibit D: June 3, 2021 Notice of Appeal R400-R417 Exhibit E: June 4, 2021 e-mail from Jessica R418-R424 Lynch to John Armentano and Philip Butler June 4, 2021 E-mail from John Armentano to Danielle R425-R427 Cordier June 4, 2021 Order to Show Cause (unsigned) R428-R431 (transmitted) June 4, 2021 Affirmation of Robert Calica (unsigned) R432-R442 (transmitted) June 4, 2021 E-mail from John Armentano to Danielle R443-R444 Cordier and Kathleen Tylutki June 4, 2021 Order to Show Cause (unsigned) R445-R448 (transmitted) June 3, 2021 E-mail from John Armentano to Danielle R449 Cordier June 3, 2021 Notice of Appeal R450-R466 June 3, 2021 E-mail from John Armentano to Danielle R467 Cordier June 3, 2021 Notice of Entry R468-R479 June 3, 2021 E-mail from John Armentano to Danielle R480 Cordier June 3, 2021 Amended Order R481-R482 June 2, 2021 E-mail from John Armentano to Danielle R483 Cordier June 2, 2021 Order R484-R485 5 6 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 Date Description Page Range June 1, 2021 E-mail from John Armentano to Danielle R486-R489 Cordier, Richard DeLea and Frank Beyrodt May 26, 2021 E-mail from John Armentano to Danielle R490-R492 Cordier May 26, 2021 Memorandum of Law of DeLea Sod Farms R493-R519 May 21, 2021 E-mail from John Armentano to Danielle R520-R523 Cordier and Kathleen Tylutki May 21, 2021 Interim Stipulation and Order R524-R525 (transmitted) May 18, 2021 (signed) May 21, 2021 Notes by Kathleen Tylutki of telephone call R526 with John Armentano, Frank Beyrodt, Richard DeLea and Danielle Cordier May 20, 2021 E-mail from John Armentano to Danielle R527 Cordier May 20, 2021 Invoices R528-R532 May 19, 2021 E-mail from Danielle Cordier to John R533-R535 Armentano, Richard DeLea and Frank Beyrodt May 18, 2021, E-mail from John Armentano to Danielle R536-R537 Cordier, Richard DeLea, Frank Beyrodt May 17, 2021 E-mail from John Armentano to John R538-R541 Rusnica and Danielle Cordier May 17, 2021 Order to Show Cause (signed) R542-R544 May 14, 2021 E-mail from John Armentano to John R545-R548 Rusnica and Danielle Cordier VOLUME IV May 14, 2021 E-mail from Kathleen Tylutki to John R549-R552 Armentano, John Rusnica and Danielle Cordier May 14, 2021 Letter to from Kathleen Tylutki to John R553 Armentano 6 7 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 Date Description Page Range May 13, 2021 E-mail from John Armentano to R554-R555 Commissioner Richard Ball, Kathleen Tylutki and Danielle Cordier May 13, 2021 Order to Show Cause (unsigned) R556-R559 May 13, 2021 Emergency Affirmation of Robert Calica R560-R570 May 13, 2021 Affirmation of Town Attorney Annette R571-R576 Eaderesto May 7, 2021 E-mail from Philip Butler to Commissioner R577-R578 Richard Ball May 7, 2021 Letter from John Armentano to R579-R595 Commissioner Richard Ball with Exhibits April 22, 2021 E-mail from Doreen Salera-Calabrese to R596 Danielle Cordier April 22, 2021 E-mail from Doreen Salera-Calabrese to R597 Danielle Cordier April 22, 2021 Letter from Robert Calica to Michael R598-R601 Latham Exhibit A: April 18, 2021 photograph R602 Exhibit B: April 18, 2021 photograph R603 Exhibit C: April 18, 2021 photograph R604 Exhibit D: April 18, 2021 photograph R605 Exhibit E: April 18, 2021 photograph R606 VOLUME V April 21, 2021 Notes by Kathleen Tylutki of telephone call R607 with Richard DeLea April 21, 2021 E-mail from Richard DeLea to Kathleen R608-R609 Tylutki April 5, 2021 E-mail from Robert Calica to Danielle R610 Cordier 7 8 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 Date Description Page Range April 5, 2021 E-mail from Doreen Salera-Calabrese to R611-R612 Danielle Cordier April 5, 2021 Letter from Robert Calica to Michael R613-R614 Latham April 5, 2021 Memorandum of Law of Town of R615-R628 Brookhaven April 5, 2021 Affidavit of Luke Ormand R629-R635 Exhibit A: February 5, 2021 Letter from Robert Calica to Commissioner Richard Ball R636-R647 Exhibit B: February 11, 2021 Letter from Robert Calica to Commissioner Richard Ball R648-R651 Exhibit C: October 15, 2020 Town Attorney R652-R687 Memorandum of Law and Exhibits Exhibit D: September 14, 2017 DeLea Sod R688-R689 Farms Conditions of Discharge Exhibit E: Undated e-mail from Luke R690-R695 Ormand to Robert Calica and Judah Serfaty with photographs Exhibit F: May 27, 2020 e-mail from Luke R696-R706 Ormand to Robert Calica with photographs Exhibit G: February 24, 2021 e-mail from R707-R713 Luke Ormand to Robert Calica with photographs Exhibit H: undated photographs R714-R719 VOLUME VI March 30, 2021 Site inspection notes of Kathleen Tylutki R720-R722 March 30, 2021 Site inspection photos of Kathleen Tylutki R723-R749 8 9 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 Date Description Page Range March 25, 2021 E-mail from John Armentano to Kathleen R750 Tylutki March 25, 2021, E-mail from Danielle Cordier to Doreen R751-R752 Salera-Calabrese March 18, 2021 E-mail from Doreen Salera-Calabrese to R753 Danielle Cordier March 18, 2021 Letter from Robert Calica to Danielle R754-R755 Cordier February 19, 2021 E-mail from Kathleen Tylutki to Town R756-R758 Supervisor Edward Romaine, Robert Calica and John Armentano February 18, 2021 Letter from Michael Latham to Town R759-R760 Supervisor Edward Romaine February 16, 2021 E-mail from John Armentano to R761-R762 Commissioner Richard Ball and Robert Calica February 11, 2021 E-mail from Robert Calica to Danielle R763 Cordier February 11, 2021 E-mail from Doreen Salera-Calabrese to R764 Commissioner Richard Ball February 11, 2021 Letter from Robert Calica to Commissioner R765-R767 Richard Ball February 10, 2021 E-mail from John Armentano to Robert R768-R769 Calica and Commissioner Richard Ball February 10, 2021 Letter from John Armentano to R770 Commissioner Richard Ball February 5, 2021 E-mail from Doreen Salera-Calabrese to R771 Commissioner Richard Ball 9 10 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 Date Description Page Range February 5, 2021 Letter from Robert Calica to Commissioner R772-R782 Richard Ball Exhibit A: March 18, 2020 Complaint of R783-R800 Town of Brookhaven with Exhibits Exhibit B: October 15, 2020, Town Attorney R801-R836 Memorandum of Law and Exhibits Exhibit C: September 14, 2017 DeLea Sod R837-R838 Farms Conditions of Discharge January 21, 2021 E-mail from Robert Calica to Danielle R839-R840 Cordier and Kathleen Tylutki January 15, 2021 E-mail from Robert Calica to Commissioner R841 Richard Ball January 15, 2021 Letter from Robert Calica to Commissioner R842-R843 Richard Ball Exhibit A: October 15, 2020, Town Attorney R844-R879 Memorandum of Law and Exhibits January 6, 2021 E-mail from John Armentano to Jeffrey R880-R881 Kehoe and Kathleen Tylutki January 6, 2021 Letter from John Armentano to R882-R912 Commissioner Richard Ball with Exhibits July 24, 2020 Letter from Commissioner Richard Ball to R913-R916 John Armentano 10 11 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 SUPREME COURT OF THE STATE OF NEW YORK ALBANY COUNTY ---------------------------- ---------------x In the Matter of the Application of TOWN OF BROOKHAVEN, Petitioner, For an Order Pursuant to Article 78 of the Civil Practice Law and Rules and Agriculture and Markets Law§ 37 -against- RICHARD A. BALL, Commissioner of the New York State Department of Agriculture and Markets, and DELEA SOD FARMS, INC., Index No. 907862-22 Respondents, -and- CENTRAL PINE BARRENS JOINT PLANNING & POLICY COMMISSION, Additional Respondent Joined as a Necessary/ Affected Party Under CPLR lO0l(a) ------------------------------------------- X CERTIFICATION PURSUANT TO C_P,L.R § 7804(e) STATE OF NEW YORK ) ) ss.: COUNTY OF ALBANY ) I, Danielle C. Cordier, an Associate Attorney employed by respondent New York State Department of Agriculture and Markets (the "Department"), do hereby certify, pursuant to C.P.L.R. § 7804(e), that the documents contained in this index constitute the record of the administrative proceedings for the Department's 12 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 adoption of the September 14, 2022 Final Det ermination and th e November 22, 2022 Order challenged in the above-r efere_; na \· -:. la c-e_;;,,,.~ o- L:t!E'.l.3,t, ,L• c..:: . -----'=------'- --- Danielle C. Cordier bruar 2023 NICOLE PERSAUD Notary Public, State of New York Reg.No.01PE6248087 . Qualified in Kings County /) ~ Comm,ss,on Expires September 12, 2~ 2 13 of 126 Ground of to 250 FILED: aC. COUNTY CLERK 02/15/2023 04:33 PM ALBANY INDEX NO. 907862-22 • 10,890,000 NYSCEF DOC.sqft NO.in sod 42 RECEIVED NYSCEF: 02/15/2023 • compost sales Sol cu yds • Brown, Black mulch- 9,700 cuyds Sod 4.9 million mulch 254k no mulch made on site here ether brought in or made @ another location - would assume flowers to be Sold again timis year. R607 14 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 From: Rick DeLea To: Tylutki, Kathleen (AGRICULTURE) Subject: RE: Follow up questions Date: Wednesday, April 21, 2021 8:15:25 AM ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Hi kate when u have a min pls call me 5168855952 thanx rick From: Tylutki, Kathleen (AGRICULTURE) [mailto:Kathleen.Tylutki@agriculture.ny.gov] Sent: Thursday, April 15, 2021 9:06 AM To: Frank Beyrodt Cc: Rick DeLea Subject: RE: Follow up questions Good morning Frank, Thank you for providing this information to me. While the volume of mulch, compost and topsoil is helpful, to really help us evaluate the specifics of the products, we are going to need a breakdown across the various products sold by retail sale value or percentage of total sales. Also in regards to the flowers that were being sold at the farm stand, do you anticipate having the flowers be sold again this year, or any other nursery stock? Thanks, Kate Kathleen Tylutki Department of Agriculture and Markets | Division of Land and Water 10B Airline Drive, Albany, NY 12235 (518) 457-2851 l Kathleen.Tylutki@agriculture.ny.gov http://www.agriculture.ny.gov From: Frank Beyrodt Sent: Wednesday, April 14, 2021 8:05 AM To: Tylutki, Kathleen (AGRICULTURE) Cc: Rick DeLea Subject: Re: Follow up questions ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Hi Kate. 1. Yes. On Long Island we have roughly 1800 acres under sod production and sold 900 acres of sod last year. 2. By volume in a year we sell +/- 7000 cubic yards of mulch, compost, and topsoil depending on demand. We also sell seed, fertilizer, lime, and a few other complimentary items. 3. We do not produce any mulch on location. 100% is brought in to provide as an accessory to our agricultural product, sod. 4. The flowers sold on location are produced by a friend. He sells them at what was recently our farm stand. At that time we sold vegetables that we grow on site. Thanks for visiting. Feel free to contact us for any other questions. Frank Sent from my iPhone On Apr 13, 2021, at 8:18 AM, Tylutki, Kathleen (AGRICULTURE) R608 15 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 wrote:  Good morning Rich and Frank, I hope the weather down there has been as beautiful as it has been up here. After further discussion, I have several questions regarding your operation. 1. For confirmation, you stated you sell approximately 900 acres of sod/year, correct? 2. Please provide a breakdown of Delea’s sales of sod, mulch, compost and other products; a percentage of each is fine. 3. Is the mulch 100% imported or do you chip and/or dye any yourself? 4. The seasonal plants that are sold, are they sold under the Delea name or under the business name of the individual you allow to sell there. If you have any questions for me, please let me know. I look forward to hearing from you. Thank you, Kate Kathleen Tylutki Department of Agriculture and Markets | Division of Land and Water 10B Airline Drive, Albany, NY 12235 (518) 457-2851 l Kathleen.Tylutki@agriculture.ny.gov http://www.agriculture.ny.gov The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future. The content of this email is confidential and intended for the recipient specified in message only. It is strictly forbidden to share any part of this message with any third party, without a written consent of the sender. If you received this message by mistake, please reply to this message and follow with its deletion, so that we can ensure such a mistake does not occur in the future. R609 16 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 From: Rob Calica To: Cordier, Danielle (AGRICULTURE) Cc: Tylutki, Kathleen (AGRICULTURE); Armentano, John C.; Eaderesto, Annette (Annette Eaderesto ; ; >); Judah Serfaty Subject: Request for Formal AML §305-a Review - Delea Sod Farms, Inc., Miller Place, New York Suffolk County Ag. District No. 3 Date: Monday, April 5, 2021 4:50:06 PM Attachments: Response Ltr to Latham Dept Ag_04-5-2021 (00368378xBDBF4).pdf Town"s MOL Response to Request for Formal AML Review FINAL 4-5-2021 (00368373xBDBF4).pdf Ormand Afd FINAL (00368374xBDBF4).pdf Ex A to Ormand"s Afd 2-5-2021 Ltr to Commissioner Ball (00368165xBDBF4).pdf Ex B to Ormand Afd - 2-11-2021 Ltr to Commissioner Ball (00368167xBDBF4).pdf ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Please see the Town of Brookhaven’s attached response in this matter also being sent to Director Latham by Federal Express today. Thank you. Rob Calica Robert M. Calica, Esq. Rosenberg Calica & Birney LLP 100 Garden City Plaza, Suite 408 Garden City, New York 11530 (516) 747-7400 (516) 971-7400 (Cell) rcalica@rcblaw.com Note: The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain proprietary, confidential and/or privileged information. If you are not the intended recipient, please notify Rosenberg Calica & Birney LLP immediately at (516) 747-7400 or at info@rcblaw.com and destroy all copies of this message and any attachments. Unintended transmissions shall not constitute waiver of the attorney/client or any other privilege. R610 17 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 From: Doreen Salera-Calabrese To: Cordier, Danielle (AGRICULTURE) Cc: Tylutki, Kathleen (AGRICULTURE); Armentano, John C.; Annette Eaderesto (aeaderesto@brookhavenny.gov); Judah Serfaty; Rob Calica Subject: RE: Request for Formal AML §305-a Review - Delea Sod Farms, Inc., Miller Place, New York Suffolk County Ag. District No. 3 Date: Monday, April 5, 2021 4:58:38 PM Attachments: Ex C to Ormand Afd 10-15-2020 MOL to ZBA w exs (00368169xBDBF4).pdf Ex D to Ormand Afd - Conditional Discharge (00368170xBDBF4).pdf Ex E to Ormand Afd - May 2020 Email w- Photos (00368302xBDBF4).pdf Ex F to Ormand Afd - EM fr Ormand w Photos Late May 2020 (00368173-2xBDBF4).pdf Ex G to Ormand Afd - EM fr Ormand w Photos 2-24-2021 (00368174xBDBF4).pdf Ex H to MOL Ormand Afd - Exs A B to Sup Ct Complaint (00368171xBDBF4).pdf ATTENTION: This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. Please see remainder of attachments (Exs C – H) Thank you, Doreen A. Salera, Legal Assistant Rosenberg Calica & Birney LLP 100 Garden City Plaza, Suite 408 Garden City, New York 11530 (516) 747-7400 Note: The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain proprietary, confidential and/or privileged information. If you are not the intended recipient, please notify Rosenberg Calica & Birney LLP immediately at (516) 747-7400 or at info@rcblaw.com and destroy all copies of this message and any attachments. Unintended transmissions shall not constitute waiver of the attorney/client or any other privilege. From: Rob Calica Sent: Monday, April 05, 2021 4:50 PM To: Cordier, Danielle (AGRICULTURE) Cc: Tylutki, Kathleen (AGRICULTURE) ; Armentano, John C. ; Eaderesto, Annette (Annette Eaderesto ; ; >) ; Judah Serfaty Subject: Request for Formal AML §305-a Review - Delea Sod Farms, Inc., Miller Place, New York Suffolk County Ag. District No. 3 Please see the Town of Brookhaven’s attached response in this matter also being sent to Director Latham by Federal Express today. Thank you. Rob Calica Robert M. Calica, Esq. Rosenberg Calica & Birney LLP 100 Garden City Plaza, Suite 408 Garden City, New York 11530 (516) 747-7400 (516) 971-7400 (Cell) rcalica@rcblaw.com Note: The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain proprietary, confidential and/or privileged information. If you are not the intended recipient, please notify Rosenberg Calica & Birney LLP immediately at (516) 747-7400 or at info@rcblaw.com and destroy all copies of this message and any attachments. Unintended transmissions shall not constitute waiver of the R611 18 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 attorney/client or any other privilege. R612 19 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 ROSENBERG CALICA & BIRNEY LLP ATTORNEYS AND COUNSELORS AT LAW I 00 GARDEN CITY PLAZA. SUITE 408 GARDEN CITY. NEW YORK 1 1 530 RONALD J. ROSENBERG• TELEPHONE (516) 747-7400 DIANA G. ATTNER ROBERT M. GALIGA KENNETH J. WEINSTEIN FACSIMILE (516) 747-7480 WILLIAM J. BIRNEY RIGHARD A. ROSS WWW.RGBlAW,COM EDWARD M. Ross• OF' COUNSEL LESLEY A. REARDON • ALSO ADMITTED F'L KENNETH E. ANESER 0 6 ALSO ADMITTED GT JOHN S. GIULLA 0 ALSO ADMITTED GT, NJ, DC JUDAH SERFATY + ALSO ADMITTED MD PETER J. WILLIAMS+ April 5, 2021 *ALSO ADMITTED NJ JOSHUA M. LIEBMAN* JESSIGA F. LYNGH VIA FEDERAL EXPRESS Mr. Michael J. Latham, Director NYS Department of Agriculture and Markets Division of Agriculture Protection and Development Services 1OB Airline Drive Albany, New York 12235 Re: Request for Formal AML §305-a Review Delea Sod Farms, Inc., Miller Place, New York Suffolk County Agriculture District No. 3 Dear Director Latham: We are attorneys for respondent, the Town of Brookhaven, New York ("Town") in this matter (as Special Counsel to Brookhaven Town Attorney Annette Eaderesto, Esq.). We respectfully file herewith the Town's Memorandum of Law responding to Delea Sod's AML §305-a Review request (which includes the Town's request for termination of this proceeding based upon the documentary record now before the Department). We also enclose the Affidavit of Town of Brookhaven's Senior Environmental Analyst Luke Ormand and Exhibits A - H thereto which constitute the documentary basis for the Town's response and request for termination of the proceeding. We thank you and the Department for your attention and courtesy. Respectfully, RMC:ds cc: Ms. Katherine Tylutki Agriculture Department (via email) {00368370-1} R613 20 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 ROSENBERG GALIGA & BIRNEY LLP April 5, 2021 Page2 Danielle Cordier, Esq. Agriculture Department (via email) John C. Armentano, Esq. Farrell Fritz (via email) Annette Eaderesto, Esq. Town Attorney, Town of Brookhaven (via email) Enclosures {00368370-1} R614 21 of 126 FILED: ALBANY COUNTY CLERK 02/15/2023 04:33 PM INDEX NO. 907862-22 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 02/15/2023 NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS DIVISION OF AGRICULTURE PROTECTION AND DEVELOPMENT SERVICES ---------------------------------------------------------------X REQUEST FOR FORMAL AML §305-a REVIEW DELEA SOD FARMS INC., Miller Place, New York Suffolk County Agriculture District #3 ---------------------------------------------------------------X MEMORANDUM OF LAW OF TOWN OF BROOKHAVEN IN RESPONSE TO REQUEST FOR FORMAL AML §305-a REVIEW DELEA SOD FARMS, INC., MILLER PLACE, NEW YORK SUFFOLK COUNTY AGRICULTURE DISTRICT NO. 3 (And Town's Request for Termination of Proceeding) ROSENBERG CALICA & BIRNEY LLP