Folder_0047

NYC 9/11 Public Portal Document

October 9, 2000

Department of Randy Mastro Environmental c/o Gibson, Dunn & Crutcher LLP Protection 200 Park Avenue 59-17 Junction Boulevard New York, N.Y. 10166-0193 Corona, New York 11368-5107 Re: raham Rubashkin 4 Mastro: Joel A. Miele Sr., P.E. Commissioner I received your letter of September 14, 2000 regarding the above referenced property's owner's problems associated with unpaid water/sewer charges for Block 812, Lot 1, Brooklyn. I reviewed the property's records at the Dept. of Environmental Protection (DEP) and at the Dept. of Finance (DOF) which was the billing agent for water and sewer services prior to 1995. In consultation with my staff and the Water Board staff, my findings are detailed below.

The records note that this property had delinquent real estate taxes, water & sewer charges and other liens sold in August 1998 as part of the City's annual lien sale process. The liens were sold to J.E. Roberts with an initial redemptive value of $2,274,101.16, which included approximately $372,000 in unpaid real estate taxes and $1.7 million in water/sewer liens. With the 5% surcharge and accrued interest, the current balance is $3.3 million. Because the 1998 lien was not satisfied, an additional lien of $81,000 in unpaid real estate taxes was sold in July 2000. 1 also have been advised that the foreclosure action on this property is scheduled to commence shortly. A prior foreclosure action had been held-up in April 1999 when J.E. Roberts was advised that the customer was disputing the charges at DEP.

The DEP records note that October 1999, your client and his representative met with DEP Deputy Commissioner Larry Schatt to review the charges and to determine their validity. Based on the discussion and a review of the billing records, Deputy Commissioner Schatt wrote Mr. Rubashkin advising him that it was his opinion that the charges.: were. valid and th@refore-the lien could not be declared defective. A letter was issued on October 14, 2000; detailing 'the unpaid charges and associated interest. The letter is enclosed for your information.

Subsequent to Deputy Commissioner Schatt's letter, your client appealed the decision on November 12, 1999 to Diana Chapin, in her capacity of Executive Director of the Water Board. The appeal was denied (see attached letter dated January ii, 2000), because no additional information was ever submitted to support the contention that the charges were not valid.

S v.~idep (718) DEP H EIP

0 NYC-WTC 000137587