letsdothis3 ago

The two firms also own another company called Gurney Resort

As stated in my earlier comment, the new owners of MYC who also own the Star Island Marina and the Gurney Resort also run Gershow Recycling: Gershow Recycling Corp. v. N.Y.C. Dept. of Sanitation ::

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.] MICHAEL D. STALLMAN, J.

In this Article 78 proceeding, petitioner challenges a "non-responsibility determination" which precluded petitioner's eligibility for an award of two New York City Department of Sanitation (DSNY) contracts.

Petitioner, a scrap-metal salvage and recycling corporation, submitted bids in January 2000 on two DSNY contracts involving processing and marketing of recovered metal. The DSNY Agency Chief Contracting Officer determined that petitioner was ineligible for the awards because it was non-responsible based on a record of environmental crimes and violations committed by it, and an affiliate company, at petitioner's branch location. Petitioner contends that the non-responsibility determination was arbitrary and capricious, contrary to law and made in violation of law. The Court notes that in this Article 78 proceeding, petitioner seeks to annul the ACCO's decision, which is not a final determination, [ see 9 Rules of the City of New York § 2-08(k)(6)], rather than the decision issued by the City's Chief Contracting Procurement Officer and Director of the Mayor's Office of Contracts, which is final, [ see 9 RCNY § 2-08(m)(6)]. The Court shall deem the petition addressed to the CCPO's decision; the City consents to this.

......It is undisputed that petitioner disclosed on its VENDEX questionnaires that on September 22, 1994, its "affiliate," S I Industries, Inc., had pled guilty to attempted endangering public health and safety of the environment in the second degree, and paid a fine. Petitioner stated that two principals of S I, Louis and Ira Gershowitz, had no direct or indirect interest in petitioner, but that petitioner's president, Sam Gershowitz, was a "principal" of, and an "investor" in, S I.

However, further investigation by The New York City Department of Investigation revealed that petitioner itself was the target of the underlying September 1994 criminal investigation which involved a complaint of large-scale soil and ground water contamination resulting from automotive fluid dumping during automobile dismantling operations at petitioner's Bay Shore location. Further, DOI reported that it was informed by the Suffolk County District Attorney's Office, that (1) these charges were resolved by a guilty plea offered by Gershow Recycling of Bay Shore, not S I, (2) petitioner had "consistently" violated the Vehicle and Traffic Law; and (3) Louis and Ira Gershowitz had been identified in public records as operators or managers of petitioner's Bay Shore branch.

Based on the foregoing, the ACCO determined that petitioner was ineligible for awards of the contracts because it was non-responsible; petitioner was notified of this determination by letter dated May 2, 2001.

Thereafter, petitioner filed an Agency Head Appeal by letter dated June 1, 2001. In the appeal, petitioner's counsel admitted that petitioner had been indicted under the circumstances described in the ACCO determination, but claimed that the charges were subsequently dismissed against it. Counsel also denied that petitioner had failed to complete its questionnaire truthfully, and that petitioner had consistently violated the VTL. However, petitioner's counsel failed to provide any documentation to support these contentions despite the express direction in 9 RCNY § 2-08(k)(2) that supporting documentation be included in appeals to Agency Heads. Instead, petitioner's counsel advised DSNY to look up the relevant records in the Suffolk County Clerk's Office. Petitioner's counsel offered no explanation for his failure to supply such documentation himself. Petitioner's counsel also stated that he "was prepared to provide detailed response" to the finding concerning VTL violations "once it had been provided by the Department with the details and basis of such accusation." Petitioner's counsel offered no explanation as to why he was unable to obtain the records of his client's criminal violations...

Much more digging needs to be done...

letsdothis3 ago

The two firms also own another company called Gurney Resort

GURNEY'S STAR ISLAND RESORT & MARINA .. Gurney Resort owns the Star Island Marina which is very close to the Montauk Yacht Club.. check out the 'star' in their logo : https://www.starislandyc.com/

letsdothis3 ago

Well, isn't this interesting? https://virtualglobetrotting.com/map/sam-gershowitzs-house/

Sam Gershowitz is the owner of Star Island Yacht Club & Marina in Montauk, and is also a recycling pioneer who founded Gershow Recycling in 1964.

https://www.gershow.com/dl/50YearMagazine.pdf

Gershowitz has built a network of scrap yards throughout Suffolk County, Nassau County and Brooklyn. He has acquired over 250 railroad cars for shipping and a fleet of trucks. The company also ships its scrap metal by containers and freighters overseas.