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  • R.I.M. Plumbing & Heating Supply, Inc. v. New York State Department Of Economic Development, Division Of Minority And Women'S Business DevelopmentSpecial Proceedings - CPLR Article 78 document preview
  • R.I.M. Plumbing & Heating Supply, Inc. v. New York State Department Of Economic Development, Division Of Minority And Women'S Business DevelopmentSpecial Proceedings - CPLR Article 78 document preview
  • R.I.M. Plumbing & Heating Supply, Inc. v. New York State Department Of Economic Development, Division Of Minority And Women'S Business DevelopmentSpecial Proceedings - CPLR Article 78 document preview
  • R.I.M. Plumbing & Heating Supply, Inc. v. New York State Department Of Economic Development, Division Of Minority And Women'S Business DevelopmentSpecial Proceedings - CPLR Article 78 document preview
  • R.I.M. Plumbing & Heating Supply, Inc. v. New York State Department Of Economic Development, Division Of Minority And Women'S Business DevelopmentSpecial Proceedings - CPLR Article 78 document preview
  • R.I.M. Plumbing & Heating Supply, Inc. v. New York State Department Of Economic Development, Division Of Minority And Women'S Business DevelopmentSpecial Proceedings - CPLR Article 78 document preview
  • R.I.M. Plumbing & Heating Supply, Inc. v. New York State Department Of Economic Development, Division Of Minority And Women'S Business DevelopmentSpecial Proceedings - CPLR Article 78 document preview
  • R.I.M. Plumbing & Heating Supply, Inc. v. New York State Department Of Economic Development, Division Of Minority And Women'S Business DevelopmentSpecial Proceedings - CPLR Article 78 document preview
						
                                

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FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/06/2024 In the Matter of the Application of R.I.M. PLUMBING AND HEATING SUPPLY, INC. Appellant, File no. 47129 For Re-Certification as a Woman-owned Business Hon. Keely Parr Enterprise -against- NEW YORK STATE DEPARTMENT OF ECONOMIC DEVELOPMENT Respondent. STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) RAYMOND EMANUEL, being duly sworn, deposes and says, that: 1. I am Certification Director, employed by the New York State Department of Economic Development ("DED"), Division of Minority and Women's Business Development. In this capacity, I supervise the process through which applications that are received from business entities which seek to be certified as Minority and Women-owned Businesses are examined and reviewed. 2. I make this affirmation in support of the Department of Economic Development's response to the appeal of R.I.M. Plumbing and Heating Supply, Inc. 3. Attached as Exhibit 1 is a true and correct copy of the Application for Certification, dated November 2, 2017. 4. Attached as Exhibit 2 is a true and correct copy of the Denial Determination, dated March 22, 2018. -1- FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/06/2024 5. Attached as Exhibit 3 is a true and correct copy of the Notice to Proceed via Written Appeal. 6. Attached as Exhibit 4 is a true and correct copy of the Written Appeal Submission dated May 24, 2018. 7. Attached as Exhibit 5 is a true and correct copy of the Additional Application Responses-Narrative of Duties and Responsibilities, pp. 9-11. 8. Attached as Exhibit 6 is a true and correct copy of the 2016 Business Tax Records. 9. Based on the documents submitted in conjunction with the application, R.I.M. Plumbing and Heating Supplies, Inc. ("RIM") is engaged in the business of supplying its clients with heating equipment and supplies, plumbing fixtures and supplies, air conditioning equipment, and supplies for kitchens and tile. Exhibit 1. 10. According to the Application, RIM was created in 1970 by Ms. Irene Campbell and her husband Mr. Richard Campbell, who is now deceased. Exhibit 1, Section 3.C. 11. As of 2007, the business has been owned sons- by Ms. Irene Campbell and her two Mr. Richard H. Campbell, Jr., and Mr. Ernest Campbell. Exhibit 1, Section 3.A. 12. Ms. Campbell, the CEO, Secretary and Treasurer, owns 52% of the business and is the woman owner relied upon for certification. Exhibit 1, Section 3.A. 13. Mr. Richard Campbell, Jr., the President, owns 35% of the business, and Mr. Ernest Campbell, the Vice President, owns 14% of the business. 14. Business tax records for 2016 reveal that Ms. Campbell, majority owner of the business enterprise, received $63,862 in compensation, while her sons, Mr. Richard Campbell and Mr. Ernest Campbell, whose ownership shares total 49%, earned $124,216 and $92,060 in compensation, respectively. Exhibit 6. -2- FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/06/2024 15. According to the narrative of their duties, Ms. Campbell oversees the accounts payable and receivable and works in the accounting office, while Mr. Richard Campbell is responsible for purchasing products, and overseeing the finance for the company, and Mr. Ernest Campbell is responsible for company sales. Exhibit 5. 16. Based on a review of R.I.M. Plumbing and Heating Supplies, Inc.'s entire application for certification, the Division determined that the woman owner does not share in the risks and profits in proportion with her ownership interest in the business enterprise, as required by 5 NYCRR § 144.2(c)(2), and the woman owner relied upon for certification does not make business decisions pertaining to the operation of the business enterprise, as required by 5 NYCRR § 144.2(b)(1). Date: f PÈl'¥ <ÞeZ i½í[ . RAYMOND EMANUEL Subscribed and s orn to before me on this /d_th of ///16 , 2023. day Notary P lic JANE GriOGAhl NOT4RY PUBLIC-STATE Ú NEW YOR No.'D1ûR60È8122 Qual iedfin Nÿw York County MyGommission-Expire 07-t9-.. -3- FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/06/2024 FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24 Generated by Lida Attenborough, NewYork State on 9/27/2022 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/06/2024 Certification Application: View Application CLOSE WINDOW Full App | Comp_any Profile | Changes Since Last Certification | Owner(s) and Princip_a_[(s)| Relationship With Other Businesses | Goods and Services Firm's Past Work | Docs | _Q& A Print to PDF Print to Printer Certification Application Information APPLICATION TYPE *Recertification Application CERTIFYING AGENCY New York State BUSINESS NAME R I M Plumbing and Heating Supplies, Inc CURRENT STATUS Processing Complete APPLICATION NUMBER 3190172 CONTACT PERSON IRENE CAMPBELL Company Profile 1.A. For which certification type are you requesting recertification? Woman Business Enterprise (WBE) 1.B. Are you updating the firm's business name, address, phone, fax, and/or email address? No 1.C. Company Name R I M Plumbing and Heating Supplies, Inc As" 1.D. "Doing Business (DBA) Name 1.E. Street Address 58 CENTRAL AVENUE OSSINING, NY 10562 [mp_] 1.F. Mailing Address YGW so LoA>sreverlt9^J se 9| 000 Me Yott Iv½w O'v c 91 999995 ) FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/06/2024 23. List the three largest active projects on which your firm is currently working, if applicable: Account Location of Firm Name & Phone r f Dollar Amount Performance Duration S] Coust Set&S &m 24/6 s 325 oS * frÿ{ yrm Srmy8/±K tw/msotof49ss 70s - /me 372 y r x Mod ÏYGs- taks rt c4 396 //Yr s 7b A / R 24. identify Bank(s) where all firm's accounts are maintained (checking, savings, CDs, etc.) Type of Account Bank Name Address Contact Account No. See n+4»c ed L ï s+ 25. Do you have a line of credit? Óes ¡ No If yes, identify. Source Limit Name of Guarantor(s) $ 26. List major current creditors and/or lenders and types of investments and/or loans in the firm. Name of Type of investment Dollar value of investment/ Name of Creditor/Lendor credit/Ioan terms/credit/Ioan Guarantor(s) (A) Ad//At &B(//²GT O O $ fd'6/6fff.NAS ( /L/ /)dl //f #/C/d f/Nfved $ /Us^/h 27. Is the firm bonded? ¡ Yes No If yes, specify type and limit: Bonding Company: Address: Telephone ( ) Contact Person Type: Limit: Aggregate limit: Project Limit: Binder No: 28. Are you a Union Shop? ¡ Yes o (if yes, name and local) Names of Unions Local Number(s) FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/06/2024 Other Certifications: 29. Has the firm applied for certification as an M/WBE with another governmental agency, department or authority. Yes ¡ No /f yes, complete the following: Specify DBE, Agency Date Contact Person Phone MBE or WBE 1. Pending with 2. Certified by 3. Registered by 4. Withdrawn/Closed out 5. Rejected by 6. Denied by 7. Decertified by 30. Are there appeals pending on any of the above applications or certifications? ¡ Yes o Agency Date of Appeal Contact Person Phone - ( ) - ( ) ( ) FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/06/2024 Empirestdte Development January 24, 2013 File ID: 47129 Ms. Irene Campbell R I M Plumbing and Heating Supplies, Inc 58 Central Avenue Ossining, NY 10S62 Dear Ms. Irene Campbell: The New York State Department of Economic Development, Division of Minority and Women's Business Development (DMWBD) has completed its review of your application for State Certification as a Women Business Enterprise (WBE) and has determined that your firm meets eligibility requirements for certification, pursuant to Executive Law, Article 15-A. On behalf of the DMWBD, we are pleased to inform you that the firm of R I M Plumbing and Heating Supplies, Inc has been granted status as a Women Business Enterprise (WBE). In our effort to help you have the broadest possible reach, your business will be listed in the State's Directory of Certified Businesses with the codes listed on the following page Certification status is not intended to imply that the State of New York guarantees your company's capability to perform on State contracts, nor does it imply that your company is guaranteed any State business. Be advised that your certification expires 3 years from the date of this letter or unless you are contacted by this Office for recertification. Please remember that any changes in your company that affect ownership, managerial and/or operational control, must be reported to this Office within thirty (30) days of such changes; including changes to company name, business address, telephone numbers, principal products/services, and bonding capacity. At such time as it is necessary for your company to be recertified, you will be notified by this office. if your certification is questioned by any public or private entity, please direct the inquiry to this Office for clarification. Thank you for your cooperation. On behalf of the State of New York, I wish you luck in your business endeavors, particularly those involving State agencies. Yours sincerely, Scott Munson Director of Certification 633 Third Avenue New York New York 10017 Tel 212 803 2414 Web Site: www.esd.ny.gov/MWBE/html FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/06/2024 Irene Campbell From: bounce@newnycontracts.com on behalf of New York State Contract System [ny@newnycontracts.com] Sent: Friday, February 08, 2013 12:19 PM To: irene@rimsupply.com Subject: NYS: Certification Status File ID: 47129 Ms. Irene Campbell R I M Plumbing and Heating Supplies, Inc 58 Central Avenue Ossining, NY 10562 Dear Ms. Irene Campbell: The New York State Department of Economic Development, Division of Minority and Women's Business Development (DMWBD) has completed its review of your application for State Certification as a Women Business Enterprise (WBE) and has determined that your firm meets eligibility requirements for certification, pursuant to Executive Law, Article 15-A. On behalf of the DMWBD, we are pleased to inform you that the firm of R I M Plumbing and Heating Supplies, Inc has been granted status as a Women Business Enterprise (WBE). In our effort to help you have the broadest possible reach, your business will be listed in the State's Directory of Certified Businesses with the following list of codes for products and services: ESD-C-0833: AIR CONDITIONING SUPPLIES AND EQUIPMENT ESD-C-2713: BOILER SALES (MANUFACTURER REP) ESD-F-0505: PLUMBING FIXTURES AND SUPPLIES ESD-F-0851: HEATING EQUIPMENT AND SUPPLIES ESD-G-0321: HARDWARE NAICS-326191: PLUMBING FIXTURES (E.G., SHOWER STALLS, TOILETS, URINALS), PLASTICS OR FIBERGLASS, MANUFACTURING Certification status is not intended to imply that the State of New York guarantees your company's capability to perform on State contracts, nor does it imply that your company is guaranteed any State business. Be advised that your certification expires 3 years from the date of this letter or unless you are contacted by this Office for recertification. Please remember that any changes in your company that affect ownership, managerial and/or operational control, must be reported to this Office within thirty (30) days of such changes; including changes to company name, business address, telephone numbers, principal products/services, and bonding capacity. At such time as it is necessary for your company to be recertified, you will be notified by this office. If your certification is questioned by any public or private entity, please direct the inquiry to this Office for clarification. Thank you for your cooperation. On behalf of the State of New York, I wish you luck in your business endeavors, particularly those involving State agencies. Yours sincerely, Scott Munson Director of Certification New York State Contract System Web: https://ny.newnycontracts.com/ Email: ny@newnycontracts.com NYS M/WBE Program: http://www.esd.ny.gov/MWBE.html 1 FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/06/2024 Power of oue Noas4smso 848 Attomey "°""* °ª° °" (ne 0 and Declaration of Representative oepo menor ineTroosury Received by: mismarnovenueservico - Type or print - See the separate instructionS- Name Power of Attomey Telephone Caution: Form 2848 will not be honored for any purpose other than representation before the lRS. Function Taxpayer information. Taxpayer(s) must sign and date this form on page 2. line 9. pate Taxpayer name(s) and address Social security number(s) Employer identification RIM PLUMBING & HEATING number 58 CENTRAL AVENUE Daytime telephone number Plan number (if applicable) OSSINING NY 10562 914-762-0075 hereby appoint(s) the following representative(s) as attomey(s)-in-fact: 2 Representative(s) must sign and date this form on page 2, Part it. Name and address - 8.7085 CAF No. .2 005 R 157%21-- DANIEL RIFKIN, CPA Telephone No. 4 4 5 ROUTE 304 Fax No.£§1-f21-8 200 BARDONIA, NY 10954-161 4 Check if new: Address O Telephone No. O Fax No. O Name and address CAF No. 1005-1R6.2__R DAVID ARON, CPA Telephone No. .8A 57121 14 8 445 ROUTE 304 Fax No. 14.5_nE2§_nRRQQ BARDONIA, NY 10954-1614 Check if new: Address O Telephone No O Fax No. O Name and address CAF No. .01.013 4861 LINDA GREEN Telephone No, _84.52.62 A -8A58 ........ 445 ROUTE 304 Fax No. 14.12623.2d300....... ........ - 16 14 O Telephone BARDONIA, NY 10954 Check if new: Address No, O Fax No. O to represent the taxpayer(s) before the internal Revenue Service for the following tax matters: 3 Taxmatters Type of Tax (income, Employment, Excise, etc.) Tax Form Number Year(s) or Period(s) or Civil Penalty (see the instructions for line 3) (1040, 941, 720, etc.) (see the instructions for line 3) 2 005-REVOCATION EMPLOYMENT 940 2005-REVOCATION EMPLOYMENT 941 4 Specificuse notrecorded on Centralized Authorization File (CAF).lf the power of attorney is for a specific use not recorded on CAF, check this box. See the instructions for Line 4. Specific uses not recorded on CAF. . . . . . . . . . .... . . . . . , - O 5 Acts authorized. The representatives are authorized to receive and inspect confidential tax information and to perform any and all acts that 1 (we) can perform with respect to the tax matters described on line 3, for example, the authority to sign any agreements, consents, or other documents. The authority does not include the power to receive refund checks (see line 6 below), the power to substitute another representative, the power to si n certain returns, or the power to execute a request for disclosure of tax returns or retum information to a third party. See t e line 5 instructions for more information. Exceptions. An unenrolled retum preparer cannot sign any document for a taxpayer and may only represent taxpayers in limited situations. See Unenrolled Return Preparer on page 2 of the instructions. An enrolled actuary may only represent taxpayers to the extent provided in section 10 3(d) of Circular 230. See the line 5 instructions for restrictions on tax matters partners. List any specific additions or deletions to the acts otherwise authorized in this power of attomey:AUTHORIZAT.IO TO .ACT__ON.BEHALE._O[_EMP.LO_YXR___ON__T_AK_MATT.EBji.BELA.T_ED TO___REPORTING AND .EILINE.0LEEDEBAkANR_ TATE_EOME.AN.D_ NEMBOYMENLTAXE.Sa ___________. 6 Receipt of refund checks. If you want to authorize a representative named on line 2 to receive, BUT NOT TO ENDORSE OR CASH, refund checks, initial here and list the narne of that representative below. Name of representative to receive refund - check(s) For Privacy Act and Paperwork Reduction Notice, see page 4 of the instructions. Form 2848 (Rev. 3-2004) sTFFED4675FM FILED: ALBANY COUNTY CLERK 02/06/2024 12:54 PM INDEX NO. 901361-24 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 02/06/2024 Form 2848 (Rev.3-2004) Page 2 7 Notices and communications. Original notices and other written communications will be sent to you and a copy to the first representative listed on line 2. a If you also want the second representative listed to receive a copy of notices and communications, check this box . . . . - [2 b If you do not want any notices or communications sent to your representative(s), check this box . . . . . . . . . . . . . . . . . . - 8 Retention/revocation of prior power(s) of attorney. The filing of this power of attorney automatically revokes all earlier power(s) of attorney on file with the Internal Revenue Service for the same tax matters and years or periods covered by this document. If you do not want to revoke a prior power of attomey, check here ... ....... ........... .... ... . - YOU MUST ATTACH A COPY OF ANY POWER OF ATTORNEY YOU WANT TO REMAIN IN EFFECT. 9 Signature of taxpayer(s). If a tax matter concerns a joint return, both husband and wife must sign if joint representation is requested. otherwise. see the instructions. if signed by a corporate officer, partner, guardian. tax matters partner, executor. receiver. administrator, or trustee on behalf of the taxpayer. I certify that I have the authority to execute this form on behalf of the taxpayer. - IF NOT SIGNED AND DATED, THIS POWER OF ATTORNEY WILL BE RETURNED. Signatur Date Title (if applicable) Print Name PIN Number Print name of taxpayer from line 1 if other than individual ......................................................................--.. ..................... ..............................................- Signature Date Title (if applicable) ................................................. .....................---..........................................---.... Print Name PIN Number Part II Declaration of Representative Caution: Students with a special order to represent taxpayers in Qualified Low Income Taxpayer Clinics or the Student Tax Clinic Program, see the instructions for Part II. Under penalties of perjury, I declare that: " I am not currently under suspension or disbarment from practice before the internal Revenue Service: " I am aware of regulations contained in Treasury Department Circular No. 230 (31 CFR, Part 10), as amended, conceming the practice of attomeys, certified public accountants, enrolled agents, enrolled actuaries, and others; " I am authorized to represent the taxpayer(s) identified in Part I for the tax matter(s) specified there; and " I am one of the following: a Attomey - a member in good standing of the bar of the highest court of the jurisdiction shown below. b Certified Public Accountant - duly qualified to practice as a certified public accountant in