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To: SteveF who wrote (5396)3/3/2011 8:57:12 AM
From: scionRead Replies (2) | Respond to of 53574
 
Plaintiff Michael Kaplanis hereby voluntarily dismisses his action in this matter without prejudice with the Court retaining jurisdiction to enforce settlement.

Doc 27 PDF file
viewer.zoho.com

Calling the Kaplanis voluntary dismissal a victory for JBI is very premature. Most case are withdrawn voluntarily due to a SETTLEMENT.

p2o Share Thursday, March 03, 2011 8:43:06 AM
Re: None Post # of 95035

Kaplanis Lawsuit

Calling the Kaplanis voluntary dismissal a victory for JBI is very premature. Most case are withdrawn voluntarily due to a SETTLEMENT. It is very rare for a platiff to voluntarilly withdrawl a case with no settlement.

You people might want to educate yourselves on what a consent order really is. Here are some snippets straight from the NYDEC on consent orders and it isn't pretty.

dec.ny.gov
"The threshold decision as to whether to proceed administratively, civilly, or criminally in an enforcement action should be made independently of this Policy and will be addressed in the Criminal Enforcement Policy currently being developed."

"Environmental Conservation Law (ECL) Article 71 and the State Administrative Procedure Act empower the Commissioner of Environmental Conservation to issue Orders on Consent (or "Consent Orders") in situations involving violations of statutes, regulations, permits, or other Consent Orders. In these orders the Commissioner is authorized to assess penalties, require corrective or remedial actions, and modify, suspend, or revoke permits"

"Consent Orders are legally enforceable. In this respect Orders issued after administrative hearings and Consent Orders are quite similar to statutes and regulations in the sense that failure to obey an Order is punishable under the law. Also, Consent Orders are similar to stipulations or consent DEC issued by courts to resolve judicial litigation."

"Consent Orders are an effective way of resolving violations of law"

"Consent Orders are not permits and are not a means to bypass or otherwise circumvent the legal process and protections associated With the permit system"

Anyone know if Bordynuik has actually taken a salary yet? According to the NYDEC, consent orders are NOT PERMITS so his salary agreement has not been trigger and no money should be taken for a salary without the permits.

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