Document for Brandon Martin v. New York State Department Of Environmental Conservation, Basil Seggos as Commissioner of the New York State Department of Environmental Conservation, Louis Alexander as Deputy Commissioner of the New York State Department of Environmental Conservation

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                                INDEX     NO.     CV090228
FILED:      WAYNE            COUNTY    CLERK     1272272023       03:18     PM
NYSCEF   DOC.     NO.   26                                                                   RECEIVED   NYSCEF:         12/22/2023




                NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
                i                        SI                 EET     RET   RTA SARC
                In the Matter of the Alleged Violations
                of Article 24 of the New York State
                Environmental Conservation Law,
                and Title 6 Part 663 of the Official
                Compilation of Codes, Rules and                   NOTICE OF MOTION TO
                Regulations of the State of New York,             DISMISS AFFIRMATIVE DEFENSES

                             -by-
                                                                  Case: R8-2018-0710-71
                Brandon Martin
                5500 Fisher Road
                Newark, NY 14513,
                                                                                              OCT 31 2018

                               Respondent.
                mann enn         nn                                        nnn,


                    PLEASE TAKE NOTICE that upon the accompanying Motion to Dismiss
            Affirmative Defenses, the Affirmation of Dusty Renee Tinsley, Esq., and upon all of the
            pleadings and proceedings heretofore had herein, Department staff move this Court on
            submission of papers only with no appearance required, before an administrative law
            judge assigned by the Office of Hearings and Mediation Services, New York State
                Department of Environmental Conservation, 625 Broadway, 1° Floor, Albany, New York,
                12233-1550, for an Order granting Department staff's Motion to Dismiss Affirmative
                Defenses and further relief as this Court deems just and proper.
                        PLEASE TAKE      FURTHER     NOTICE that pursuant to     6 NYCRR       Part 622.6(c)(3)
            of the New York Codes, Rules and Regulations answering affidavits and any other
            papers, if any, must be served five days after service of the within motion papers.
                DATED:                            , 2018
                                                                                      ms            ’
                                                                                         W     “=
                                                           Dusty Renee Tinsley                          S
                                                           Assistant Regional Attorney
                                                           New York State Department of
                                                           Environmental Conservation
                                                           6274 East Avon-Lima Road
                                                           Avon, New York 14414
                                                           (585)226-5301

            To:         Alan J. Knauf, Esq.
                        Melissa M. Valle, Esq.
                        Knauf Shaw LLP
                        1400 Crossroads Building
                        2 State Street
                        Rochester, New York 14614


                                                                                                            AR_00087