FDNY order must be appealed to BSA

Owner appealed FDNY order during criminal proceeding for non-compliance. After inspecting Second Avenue Woodworking Corp., located at 4902 Second Avenue in the Sunset Park section of Brooklyn, a fire inspector issued a violation ordering Woodworking to close and seal two out-of-service fuel storage tanks, and to provide the Fire Department with an affidavit certifying the system was closed and sealed. Woodworking sent a letter to the Department stating that the tanks had been removed by the City before Woodworking even purchased the property. Nevertheless, during a followup inspection, the Department issued a summons to Woodworking for failing to submit an affidavit certifying compliance. Woodworking sought to dismiss the summons, arguing that the violation was erroneously issued and that a Department supervisor had already dismissed it.

Judge Geraldine Pickett refused to dismiss the summons, ruling that Woodworking should have appealed the violation to the Board of Standards and Appeals and not at a criminal proceeding brought forth by Woodworking’s non-compliance. Under the City Charter, BSA had the exclusive authority to review any order issued by the Fire Commissioner. Section 666(6)(b).

People v. Second Ave. Woodworking Corp., N.Y.L.J. July 8, 2005 at 20 (Kings Cty.Crim.Ct.) (Pickett, J.) (Attorneys: Michael A. Cardozo, for the People; Gerald A. Imperato, for Second Avenue Woodworking).

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