patrick cunningham affirm contempt

8/22/2019 Patrick Cunningham Affirm Contempt

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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF HAMILTON

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PEOPLE OF THE STATE OF NEW YORK, by

ERIC T. SCHNEIDERMAN, Attorney General of the State

of New York,

Petitioner,

AFFIRMATION

-against-

HUDSON RIVER RAFTING COMPANY, INC.

And PATRICK CUNNINGHAM

Index No.

Respondents.

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G. Nicholas Garin, an attorney duly admitted to practice in the State of New York,

affirms the following to be true subject to the penalties for perjury:

1. I am an Assistant Attorney General in the Office of Eric T. Schneiderman,

Attorney General of the State of New York, located in Poughkeepsie, New York. I have been in

charge of the investigation and prosecution of this civil action and am familiar with the facts and

circumstances of the matter. The facts set forth in this affirmation are based upon information in

the files of the Attorney Generals Poughkeepsie Office.

2. I make this affirmation in support of the attached motion to punish respondents

for criminal contempt for willfully disobeying this Courts order of May 15, 2013, and in support

of the States application for a temporary restraining order.

3. In the instant special proceeding the Court issued a final Decision and Order on

May 15, 2013 which, inter alia, permanently enjoined respondents, Hudson River Rafting

Company, Inc. and Patrick Cunningham, violating Environmental Conservation Law (ECL)

11-0533 and Executive Law (EL) 63(12) in the operation of their business offering licensed

river guides for excursions down various Adirondack rivers where licensed guides are required.


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4. A certified copy of the Courts Decision and Order with notice of entry was

personally served on both respondents on May 22, 2013. Copies of the Decision and Order and

back in which it was covered and the Affidavit of Service by Senior Investigator, Salvatore

Boccio are attached as Exhibit 1.

5. Attached as Exhibit 2 is the Affidavit, with exhibits of Forest Ranger, Jason Scott,

who issued a ticket to, Bruce H. Thomas, a guide in the employ of respondents, Hudson River

Rafting Company, Inc. and Patrick Cunningham, for guiding, without a license to do so, a raft

down part of the upper Hudson River where a guide must be licensed.

6. Respondents awareness of this Courts Decision and Order is apparent from the

fact that they did not resume any guided rafting services until they posted an irrevocable letter of

credit to the People of the State of New York, which they did at the beginning of July, 2013. A

copy of this letter of credit is attached as Exhibit 3.

7. Only one month had passed since they resumed business before respondents willfully

violated this Courts Decision and Order. This violation fits a pattern of violating ECL and EL

in the operation of their business which was documented in this proceeding. It is not just the

ECL and EL that respondents ignore as inconvenient, it is also the authority of the Court that is

disrespected when it gets in the way of doing business in respondents accustomed fashion. As

was tragically demonstrated a year ago when a rafter was killed, white water rafting can be

extremely dangerous which is why the State requires guides to be licensed on the most

dangerous parts of the rivers. In this regard, the safety of the public is paramount over the

business interests of any one guiding service.

8. For the reasons set forth above and for the protection of the public pending the

hearing and determination of this motion, the State requests that this Court temporarily enjoin

respondents from offering guided rafting services on those parts of the rivers of New York where

licensed guides are required.

WHEREFORE, petitioner requests that the Court find that respondents have willfully

violated its Decision and Order of May 15, 2013, and for that contempt, punish respondents with

an appropriate fine as well as permanently enjoin them from offering licensed river guide


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services in the State of New York, and grant such other and further relief as the Courts deems

appropriate.

Dated: Poughkeepsie, NY

August 5, 2013

___________________________________

G. NICHOLAS GARIN

patrick cunningham affirm contempt

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