EMIPA protest response draft discussion, May 2002

NYC 9/11 Public Portal Document

Avaltroni, Robert iiillBwifcSs From: Resnick, Risa Sent: Wednesday, May 22, 2002 11:57 AM To: Erdfarb, Stuart Cc: Schiano, Frank; Fenves, Carol; Nudelman, Harold; Gilsenan, Michael (ex); Avaltroni, Robert; Smyth, Virginia; Kelpin, Gerry Subject: RE: EMIPA’s protest? Here's my first draft - please review and advise. Thanks much!

EMIPAPRO.WPD

—Original Message— From: Erdfarb, Stuart Sent: Wednesday, May 22, 2002 9:28 AM To: Resnick, Risa Cc: Schiano, Frank; Fenves, Carol; Nudelman, Harold; Gilsenan, Michael (ex); Avaltroni, Robert; Smyth, Virginia; Kelpin, Gerry Subject: RE: EMIPA's protest? you should speak to Mark and Frank and draft a response that says that there is no appeal of a denial of protest. His remedy is in the courts. Further, we could have dismissed the inital protest because it was late and misdirected, but chose to respond because that was the "right" thing to do.

—Original Message— Prom: Resnick, Risa Sent: Tuesday, May 21,2002 4:06 pm Ta Erdfarp, Stuart; Fenves, Carol; Nudelman, Harold Cc Schiano, Frank SubjecfcEMlPA's protest?

I read through the 2nd appeal of the denial of the protest on 1081-AQMS. What should we do about this? His argument is that the first denial and appeal upholding was "partial" b/c they were waiting for FOIL documents and he therefore argues that this is timely. Aside from the obvious silliness of this argument, do we again need to address each allegation or is an overall "you already had your bite at the apple" sufficient. Harold, if you haven't seen this. I'll send a copy to you.

Risa A. Resnick, Esq. Assistant Counsel New York City Department of Environmental Protection Bureau of Legal Affairs 59-17 Junction Blvd., 19th Floor Flushing, New York 11373 718-595-6606 [email protected]

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