Operation Pay Dirt Indictment

SUPREME COURT : COUNTY OF SUFFOLK
______________________________________________
THE PEOPLE OF THE STATE OF NEW YORK

I N D I CTM E NT
- against -
CASE NO.:
A. ANTHONY GRAZIO, A/K/A ROCCO A/K/A I-2052A-2018
ROCK,
B. JAMES PERRUZZA, I-2052B-2018
C. CESAR IVAN BERMEO, I-2052C-2018
D. KRIS TRUCKING CORP, I-2052D-2018
E. CARLOS MELGAR, I-2052E-2018
F. IEV TRUCKING CORP., I-2052F-2018
G. D.J.C.I ENTERPRISES LLC, I-2052G-2018
H. MILAN PARIK, I-2052H-2018
I. STARFIRE INDUSTRIES INC, D/B/A I-2052I-2018
PLATINUM AGGREGATES, INC,
J. FRANK ROTUNDO, I-2052J-2018
K. MICHAEL HEINRICHS, I-2052K-2018
L. MODERN LEASING, INC, D/B/A I-2052L-2018
DUMPMASTERS
M. THOMAS ST. CLAIR, I-2052M-2018
N. CLAIRCO INDUSTRIES, INC., D/B/A ST. I-2052N-2018
CLAIR TRUCKING,
O. VITO FRAGOLA, I-2052O-2018
P. NYTAC CORP., I-2052P-2018
Q. NEW YORK TRUCKING AND CARTING I-2052Q-2018
CORPORATION,
R. LOUIS DURANTE, (De Novo) I-2052R-2018
S. JOHN DURANTE, (De Novo) I-2052S-2018
T. DURANTE BROS. CONSTRUCTION CORP., I-2052T-2018
U. ANTHONY GRAZIO, JR (De Novo) I-2052U-2018
V. ROBERT WALTER, I-2052V-2018
W. IVAN DELGADO, I-2052W-2018
X. DWAYNE SANDERS, I-2052X-2018
Y. ALBERT SANTIAGO, I-2052Y-2018
Z. EDGAR MERA I-2052Z-2018
AA. FELICIANO CRUZ, I-2052AA-2018
BB. STEVEN NUNEZ GENAO, I-2052BB-2018
CC. JOSEPH LAMBERTA, I-2052CC-2018
DD. ROBERT HIRSCH, (De Novo) I-2052DD-2018
EE. JAMES WILLIAMS, (De Novo) I-2052EE-2018
FF. JOSE ADAMEZ, I-2052FF-2018
AM COUNT ONE CONSPIRACY IN THE FIFTH DEGREE
(As to defendants A-T only)
EF COUNT TWO ENDANGERING PUBLIC HEALTH, SAFETY OR

THE ENVIRONMENT IN THE THIRD DEGREE
(As to defendant T only)
EF COUNT THREE ENDANGERING PUBLIC HEALTH, SAFETY OR

AM COUNT FOUR ENDANGERING PUBLIC HEALTH, SAFETY OR

THE ENVIRONMENT IN THE FOURTH DEGREE
AM COUNT FIVE OPERATING A SOLID WASTE MANAGEMENT

FACILITY WITHOUT A PERMIT
DF COUNT SIX CRIMINAL MISCHIEF IN THE SECOND

DEGREE
(As to defendants A, O, P, Q and T only)
AM COUNT SEVEN ENDANGERING PUBLIC HEALTH, SAFETY OR

(As to defendants A, O, P, Q and T only)
AM COUNT EIGHT OPERATING A SOLID WASTE MANAGEMENT

(As to defendants A, O, P and Q only)
BM COUNT NINE OPERATING A SOLID WASTE MANAGEMENT

BM COUNT TEN TRANSPORTING SOLID WASTE WITHOUT

AUTHORIZATION
(As to defendant W only)
BM COUNT ELEVEN TRANSPORTING SOLID WASTE WITHOUT
AUTHORIZATION
(As to defendant X only)
BM COUNT TWELVE TRANSPORTING SOLID WASTE WITHOUT

AUTHORIZATION
(As to defendant Y only)
AM COUNT THIRTEEN CRIMINAL FACILITATION IN THE FOURTH

DEGREE
(As to defendant W only)
AM COUNT FOURTEEN CRIMINAL FACILITATION IN THE FOURTH

DEGREE
(As to defendant X only)
AM COUNT FIFTEEN CRIMINAL FACILITATION IN THE FOURTH

DEGREE
(As to defendant Y only)
AM COUNT SIXTEEN CRIMINAL FACILITATION IN THE FOURTH

DEGREE
(As to defendant V only)
V COUNT SEVENTEEN UNLAWFULLY POSTING ADVERTISEMENT

(As to defendants A, P and Q only)
DF COUNT EIGHTEEN CRIMINAL MISCHIEF IN THE SECOND

DEGREE
(As to defendants A, B, P and Q only)
BVF COUNT NINETEEN ENDANGERING PUBLIC HEALTH, SAFETY OR

BM COUNT TWENTY OPERATING A SOLID WASTE MANAGEMENT

DF COUNT TWENTY-ONE CRIMINAL MISCHIEF IN THE SECOND

DEGREE
(As to defendants A, B, E, F, G and U only)
AM COUNT TWENTY-TWO CRIMINAL MISCHIEF IN THE FOURTH
DEGREE
EF COUNT TWENTY-THREE FALSIFYING BUSINESS RECORDS IN THE

FIRST DEGREE
(As to defendants A, E and F only)
EF COUNT TWENTY-FOUR ENDANGERING PUBLIC HEALTH, SAFETY OR

(As to defendants A, B, E, F G, T and U only)
AM COUNT TWENTY-FIVE ENDANGERING PUBLIC HEALTH, SAFETY OR

(As to defendants A, B, E, F G, T and U only)
AM COUNT TWENTY-SIX OPERATING A SOLID WASTE MANAGEMENT

(As to defendants A, B, E, F G, and U only)
BM COUNT TWENTY-SEVEN OPERATING A SOLID WASTE MANAGEMENT

DF COUNT TWENTY-EIGHT CRIMINAL MISCHIEF IN THE SECOND

DEGREE
(As to defendant A only)
AM COUNT TWENTY-NINE ENDANGERING PUBLIC HEALTH, SAFETY OR

BM COUNT THIRTY OPERATING A SOLID WASTE MANAGEMENT

DF COUNT THIRTY-ONE CRIMINAL MISCHIEF IN THE SECOND

DEGREE
(As to defendant A, C and D only)
EF COUNT THIRTY-TWO ENDANGERING PUBLIC HEALTH, SAFETY OR

AM COUNT THIRTY-THREE ENDANGERING PUBLIC HEALTH, SAFETY OR
BM COUNT THIRTY-FOUR OPERATING A SOLID WASTE MANAGEMENT

(As to defendants A, C and D only)
DF COUNT THIRTY-FIVE CRIMINAL MISCHIEF IN THE SECOND

DEGREE
AM COUNT THIRTY-SIX ENDANGERING PUBLIC HEALTH, SAFETY OR

AM COUNT THIRTY-SEVEN OPERATING A SOLID WASTE MANAGEMENT

AM COUNT THIRTY-EIGHT CRIMINAL FACILITATION IN THE FOURTH

DEGREE
(As to defendant E only)
DF COUNT THIRTY-NINE CRIMINAL MISCHIEF IN THE SECOND

DEGREE
(As to defendants A, C, D, E, F and G only)
AM COUNT FORTY OPERATING A SOLID WASTE MANAGEMENT

(As to defendants A, C, D, E, F and G only)
DF COUNT FORTY-ONE CRIMINAL MISCHIEF IN THE SECOND

DEGREE
(As to defendants A, E, and F only)
AM COUNT FORTY-TWO CRIMINAL MISCHIEF IN THE FOURTH

DEGREE
EF COUNT FORTY-THREE FALSIFYING BUSINESS RECORDS IN THE
FIRST DEGREE
(As to defendants A, E, and F only)
EF COUNT FORTY-FOUR ENDANGERING PUBLIC HEALTH, SAFETY OR

AM COUNT FORTY-FIVE OPERATING A SOLID WASTE MANAGEMENT

(As to defendant A, E, F and T only)
DF COUNT FORTY-SIX CRIMINAL MISCHIEF IN THE SECOND

DEGREE
(As to defendants A, E, F and G only)
AM COUNT FORTY-SEVEN CRIMINAL MISCHIEF IN THE FOURTH

DEGREE
EF COUNT FORTY-EIGHT FALSIFYING BUSINESS RECORDS IN THE

FIRST DEGREE
EF COUNT FORTY-NINE FALSIFYING BUSINESS RECORDS IN THE

FIRST DEGREE
AM COUNT FIFTY ENDANGERING PUBLIC HEALTH, SAFETY OR

(As to defendants A, E, F, G and T only)
BM COUNT FIFTY-ONE OPERATING A SOLID WASTE MANAGEMENT

(As to defendants A, E, G and T only)
AM COUNT FIFTY-TWO OPERATING A SOLID WASTE MANAGEMENT

(As to defendants A, E, F and T only)
BM COUNT FIFTY-THREE OPERATING A SOLID WASTE MANAGEMENT
(As to defendants A, E, G and T only)
DF COUNT FIFTY-FOUR CRIMINAL MISCHIEF IN THE SECOND

DEGREE
(As to defendants A, E, F and G only)
EF COUNT FIFTY-FIVE ENDANGERING PUBLIC HEALTH, SAFETY OR

AM COUNT FIFTY-SIX OPERATING A SOLID WASTE MANAGEMENT

BM COUNT FIFTY-SEVEN OPERATING A SOLID WASTE MANAGEMENT

(As to defendants E, F and G only)
DF COUNT FIFTY-EIGHT CRIMINAL MISCHIEF IN THE SECOND

DEGREE
(As to defendants A, C, and D only)
EF COUNT FIFTY-NINE ENDANGERING PUBLIC HEALTH, SAFETY OR

BM COUNT SIXTY OPERATING A SOLID WASTE MANAGEMENT

(As to defendants C and D only)
BM COUNT SIXTY-ONE TRANSPORTING SOLID WASTE WITHOUT

AUTHORIZATION
(As to defendant Z only)
BM COUNT SIXTY-TWO TRANSPORTING SOLID WASTE WITHOUT

AUTHORIZATION
(As to defendant AA only)
AM COUNT SIXTY-THREE CRIMINAL FACILITATION IN THE FOURTH

DEGREE
(As to defendant Z only)
AM COUNT SIXTY-FOUR CRIMINAL FACILITATION IN THE FOURTH
DEGREE
DF COUNT SIX TY-FIVE CRIMINAL MISCHIEF IN THE SECOND

DEGREE
AM COUNT SIXTY-SIX ENDANGERING PUBLIC HEALTH, SAFETY OR

BM COUNT SIXTY-SEVEN OPERATING A SOLID WASTE MANAGEMENT

DF COUNT SIX TY-EIGHT CRIMINAL MISCHIEF IN THE SECOND

DEGREE
(As to defendants A, B, C and D only)
AM COUNT SIXTY-NINE OPERATING A SOLID WASTE MANAGEMENT

(As to defendants A,B, C and D only)
BM COUNT SEVENTY TRANSPORTING SOLID WASTE WITHOUT

AUTHORIZATION
(As to defendant JJ only)
AM COUNT SEVENTY-ONE CRIMINAL FACILITATION IN THE FOURTH

DEGREE
(As to defendant JJ only)
DF COUNT SEVENTY-TWO CRIMINAL MISCHIEF IN THE SECOND

DEGREE
(As to defendants A, B, H, and I only)
AM COUNT SEVENTY-THREE CRIMINAL MISCHIEF IN THE FOURTH
DEGREE
EF COUNT SEVENTY-FOUR FALSIFYING BUSINESS RECORDS IN THE

FIRST DEGREE
(As to defendants A, H and I only)
AM COUNT SEVENTY-FIVE ENDANGERING PUBLIC HEALTH, SAFETY OR

(As to defendants A, B, H and I only)
AM COUNT SEVENTY-SIX OPERATING A SOLID WASTE MANAGEMENT

(As to defendants A, B, H and I only)
BM COUNT SEVENTY-SEVEN OPERATING A SOLID WASTE MANAGEMENT

DF COUNT SEVENTY-EIGHT CRIMINAL MISCHIEF IN THE SECOND

DEGREE
EF COUNT SEVENTY-NINE ENDANGERING PUBLIC HEALTH, SAFETY OR

EF COUNT EIGHTY ENDANGERING PUBLIC HEALTH, SAFETY OR

AM COUNT EIGHTY-ONE ENDANGERING PUBLIC HEALTH, SAFETY OR

BM COUNT EIGHTY-TWO OPERATING A SOLID WASTE MANAGEMENT

DF COUNT EIGHTY-THREE CRIMINAL MISCHIEF IN THE SECOND

DEGREE
DF COUNT EIGHTY-FOUR ATTEMPTED CRIMINAL MISCHIEF IN THE
SECOND DEGREE
AM COUNT EIGHTY-FIVE OPERATING A SOLID WASTE MANAGEMENT

(As to defendants A, C, and D only)
BM COUNT EIGHTY-SIX TRANSPORTING SOLID WASTE WITHOUT

AUTHORIZATION
(As to defendant FF only)
BM COUNT EIGHTY-SEVEN TRANSPORTING SOLID WASTE WITHOUT

AUTHORIZATION
(As to defendant GG only)
BM COUNT EIGHTY-EIGHT TRANSPORTING SOLID WASTE WITHOUT

AUTHORIZATION
BM COUNT EIGHTY-NINE TRANSPORTING SOLID WASTE WITHOUT

AUTHORIZATION
(As to defendant HH only)
BM COUNT NINETY TRANSPORTING SOLID WASTE WITHOUT

AUTHORIZATION
(As to defendant II only)
AM COUNT NINETY-ONE CRIMINAL FACILITATION IN THE FOURTH

DEGREE
(As to defendant FF only)
AM COUNT NINETY-TWO CRIMINAL FACILITATION IN THE FOURTH

DEGREE
(As to defendant GG only)
AM COUNT NINETY-THREE CRIMINAL FACILITATION IN THE FOURTH

DEGREE
AM COUNT NINETY-FOUR CRIMINAL FACILITATION IN THE FOURTH

DEGREE
(As to defendant HH only)
AM COUNT NINETY-FIVE CRIMINAL FACILITATION IN THE FOURTH

DEGREE
(As to defendant II only)
DF COUNT NINETY-SIX ATTEMPTED CRIMINAL MISCHIEF IN THE
SECOND DEGREE
(As to defendants E and G only)
AM COUNT NINETY-SEVEN ENDANGERING PUBLIC HEALTH, SAFETY OR

BM COUNT NINETY-EIGHT OPERATING A SOLID WASTE MANAGEMENT

BM COUNT NINETY-NINE TRANSPORTING SOLID WASTE WITHOUT

AUTHORIZATION
(As to defendant BB only)
AM COUNT ONE HUNDRED CRIMINAL FACILITATION IN THE FOURTH

DEGREE
(As to defendant BB only)
BM COUNT ONE HUNDRED TRANSPORTING SOLID WASTE WITHOUT

AND ONE AUTHORIZATION
(As to defendants A, E, F and T only)

AND TWO AUTHORIZATION
(As to defendant MM only)

AND THREE AUTHORIZATION
(As to defendant LL only)
BM COUNT ONE HUNDRED FALSIFYING BUSINESS RECORDS IN THE AND

FOUR FIRST DEGREE
(As to defendant MM only)
BM COUNT ONE HUNDRED FALSIFYING BUSINESS RECORDS IN THE AND

FIVE FIRST DEGREE
(As to defendant LL only)
EF COUNT ONE HUNDRED ATTEMPTED CRIMINAL MISCHIEF IN THE

AND SIX SECOND DEGREE
(As to defendants H, I and KK only)
EF COUNT ONE HUNDRED FALSIFYING BUSINESS RECORDS IN THE

AND SEVEN FIRST DEGREE
(As to defendant H and I only)

AND EIGHT FIRST DEGREE

AND NINE FIRST DEGREE
AM COUNT ONE HUNDRED TRANSPORTING SOLID WASTE WITHOUT

AND TEN AUTHORIZATION
(As to defendants H and I only)

AND ELEVEN AUTHORIZATION
(As to defendant KK only)

AND TWELVE DEGREE
(As to defendant KK only)
DF COUNT ONE HUNDRED CRIMINAL MISCHIEF IN THE SECOND AND

THIRTEEN DEGREE
(As to defendants J and L only)
BM COUNT ONE HUNDRED OPERATING A SOLID WASTE MANAGEMENT

AND FOURTEEN FACILITY WITHOUT A PERMIT
(As to defendants J and L only)

AND FIFTEEN AUTHORIZATION
(As to defendant EE only)

AND SIXTEEN DEGREE
(As to defendant EE only)
AND SEVENTEEN DEGREE
(As to defendants A, M and N only)
AM COUNT ONE HUNDRED ENDANGERING PUBLIC HEALTH, SAFETY OR

AND EIGHTEEN THE ENVIRONMENT IN THE FOURTH DEGREE

AND NINETEEN FACILITY WITHOUT A PERMIT

AND TWENTY AUTHORIZATION
(As to defendant CC only)

AND TWENTY-ONE DEGREE
EF COUNT ONE HUNDRED ATTEMPTED CRIMINAL MISCHIEF IN THE

AND TWENTY-TWO SECOND DEGREE
(As to defendants A, M, N, and CC only)

AND TWENTY-THREE AUTHORIZATION
(As to defendants A, M, N, and CC only)

AND TWENTY-FOUR DEGREE
(As to defendants M and N only)
AM COUNT ONE HUNDRED ENDANGERING PUBLIC HEALTH, SAFETY OR

AND TWENTY-FIVE THE ENVIRONMENT IN THE FOURTH DEGREE
AM COUNT ONE HUNDRED OPERATING A SOLID WASTE MANAGEMENT

AND TWENTY-SIX FACILITY WITHOUT A PERMIT

AND TWENTY-SEVEN DEGREE
EF COUNT ONE HUNDRED ENDANGERING PUBLIC HEALTH, SAFETY OR
AND TWENTY-EIGHT THE ENVIRONMENT IN THE THIRD DEGREE

AND TWENTY-NINE FACILITY WITHOUT A PERMIT
(As to defendants A and DD only)

AND THIRTY DEGREE
(As to defendant DD only)
_________________________________________
FOREPERSON
_________________________
TIMOTHY D. SINI
ACTING FOREPERSON DISTRICT ATTORNEY
TERM III, GJ 1D SUFFOLK COUNTY
FEBRUARY 26, 2018 – MARCH 23, 2018
FIRST COUNT
THE GRAND JURY OF THE COUNTY OF SUFFOLK, by this indictment, accuses the
defendants ANTHONY GRAZIO AKA ROCCO AKA ROCK, JAMES PERRUZZA, CESAR
IVAN BERMEO, KRIS TRUCKING CORP, CARLOS MELGAR, IEV TRUCKING CORP.,
D.J.C.I ENTERPRISES LLC, MILAN PARIK, STARFIRE INDUSTRIES INC, D/B/A
PLATINUM AGGREGATES, INC, FRANK ROTONDO, MICHAEL HEINRICHS, MODERN
LEASING, INC, D/B/A DUMPMASTERS, THOMAS ST. CLAIR, CLAIRCO INDUSTRIES,
INC., D/B/A ST. CLAIR TRUCKING, VITO FRAGOLA, NYTAC CORP, NEW YORK
TRUCKING AND CARTING CORPORATION, LOUIS DURANTE, JOHN DURANTE and
DURANTE BROS. CONSTRUCTION CORP. of the crime of CONSPIRACY IN THE FIFTH
DEGREE, in violation of Section 105.05(1) of the Penal Law of the State of New York
committed as follows:
Said defendants, on or about and between the 1st day of January, 2018, and the 26th day
of July, 2018, in the County of Suffolk, State of New York, and elsewhere, with the intent that
conduct constituting the crime of Criminal Mischief in the Second Degree, said crime being a
felony, be performed, did knowingly and intentionally agree with one or more persons to engage
in or cause the performance of such conduct as would constitute the above mentioned felony.
In furtherance of said conspiracy, and to achieve the objects thereof, he following overt
acts, among others, were committed:
1. On or about and between January 1, 2018, and May 21, 2018, Anthony Grazio a/
k/a Rocco a/k/a Rock (hereinafter “Rock”) posted an advertisement on the website Craig’s
List advertising for the delivery of DEC-certified, free, clean fill.
2. On or about and between January 1, 2018, and May 21, 2018, Rock posted an
advertisement on the marketplace phone application “Offer Up,” advertising for the
delivery of DEC-certified, free, clean fill.
3. On or about and between January 1, 2018, and May 21, 2018, Rock provided
phone number (631) 456-6207 as a contact number on the advertisements.
4. On or about January 30, 2018, Rock was at Wilson Boulevard in Central Islip,
New York, County of Suffolk, to solicit business for fill jobs.
5. On or about January 30, 2018 Rock knocked on the door of 515 Wilson
Boulevard and left a flyer with a resident of Wilson Boulevard, which included the name
Rocco and phone number (631) 456-6207.
6. On or about January 30, 2018, Rock instructed the individual to give the flyer to
the homeowner of 515 Wilson Boulevard.
7. On or about January 30, 2018, Rock received a telephone call from the
homeowner of 515 Wilson Boulevard and in that phone call Rock identified himself as
Rocco, and offered to bring clean fill to 515 Wilson Boulevard, Central Islip, New York,
County of Suffolk.
8. On or about and between February 2, 2018, and February 15, 2018, New York
Trucking and Carting Corporation and NYTAC Corp., Vito Fragola and Rock arranged for
an advertisement stating “Free Clean Fill” with phone number “(631) 456-6207,” to be
affixed to a tree on a residential property located at 515 Wilson Boulevard, Central Islip,
New York, County of Suffolk, without consent of the homeowner to do so.
9. On or about February 2, 2018, Rock and Vito Fragola arrived at 515 Wilson
Boulevard, Central Islip, New York, County of Suffolk.
10. On or about February 2, 2018, while at 515 Wilson Boulevard, Central Islip, New
York, County of Suffolk, Rock introduced Vito Fragola as an expert in grading and
informed the Homeowner that they would use Vito’s bobcat to perform the grading job.
11. On or about February 6, 2018, Rock and Vito Fragola arranged for a truck and an
earthmover to be left at 515 Wilson Boulevard, Central Islip, New York, County of
Suffolk without the consent of the homeowner to do so.
12. On or about February 6, 2018, Rock possessed and uttered a document,

specifically a document purporting to be an analytical report dated August 2017 indicating
that the soil was tested and was safe, by leaving it in the mailbox of 515 Wilson
13. On or about February 6, 2018, Rock placed a phone call to the homeowner of 515
Wilson Boulevard, Central Islip, New York, County of Suffolk, and confirmed that the
homeowner had received the purported analytical report dated August 2017 indicating that
the soil was tested and was safe.
14. On or about February 8, 2018, Rock and Vito Fragola arranged for New York
Trucking and Carting Corp. and NYTAC Corp. trucks to deposit piles of dirt containing
solid waste at 515 Wilson Boulevard, Central Islip, New York, County of Suffolk without
consent of the homeowner to do so.
15. On or about February 8, 2018, New York Trucking and Carting Corp. and
NYTAC Corp. trucks arrived at 515 Wilson Boulevard, Central Islip, New York, County
of Suffolk, and deposited piles of dirt containing solid waste on the property.
16. On or about February 9, 2018, Rock, Vito Fragola, New York Trucking and
Carting Corp. and NYTAC Corp. arranged for two trucks to arrive at 515 Wilson
Boulevard, Central Islip, New York, County of Suffolk, and each of the two trucks
dumped a load of material on the property.
17. On or about February 9, 2018, two New York Trucking and Carting Corp. and
NYTAC Corp. trucks arrived at 515 Wilson Boulevard, Central Islip, New York, County
of Suffolk and each deposited a pile of material on the property.
18. On or about February 12, 2018, a New York Trucking and Carting Corp. and
NYTAC Corp. truck picked up an earthmover from a residence located on Boyle Road in
Centereach, New York, County of Suffolk and brought the earthmover to 515 Wilson
19. On or about February 12, 2018, Vito Fragola was present at 515 Wilson
Boulevard and he entered an earthmover and proceeded to use the earthmover to spread
the piles of material around the property at 515 Wilson Boulevard, Central Islip, New
York, County of Suffolk.
20. On or about February 14, 2018, NYTAC Corp. issued an invoice to the Durante
Bros. Construction Corp. which included billing for loads of materials brought from the
Durante Bros. Construction Corp. yard to 515 Wilson Boulevard, Central Islip, New York,
County of Suffolk.
21. On or about February 15, 2018, Rock, Vito Fragola, New York Trucking and
Carting Corp. and NYTAC Corp. arranged for three trucks to go to 515 Wilson Boulevard,
Central Islip, New York, County of Suffolk, and each of the three trucks dumped a load of
material on the property without consent of the homeowner to do so.
22. On or about February 15, 2018, three trucks driven by Ivan Delgado, Dwayne
Sanders, and ALBERTO Santiago, arrived at 515 Wilson Boulevard, Central Islip, New
York, County of Suffolk, and each of the three trucks dumped a load of material on the
property.
23. On or about February 15, 2018, Robert Walters spread material throughout the
property located at 515 Wilson Boulevard, Central Islip, New York, County of Suffolk.
24. On or about February 15, 2018, the Durante Bros. Construction Corp. issued
Material Removed Tickets to New York Trucking and Carting Corp. and NYTAC Corp.
trucks and filled each truck with a load of material to be dumped at 515 Wilson
Boulevard, Central Islip, New York, County of Suffolk that same day.
25. On or about February 15, 2018, Rock possessed and uttered a document
purporting to be an analytical report from York Labs for the particular material dumped at
the property, which stated that the material came from Hunter's Point Recycling.
26. On or about and between February 2, 2018 and February 15, 2018, Rock, Vito
New York Trucking and Carting Corp. and NYTAC Corp. intentionally damaged the
property located at 515 Wilson Boulevard, Central Islip, New York, County of Suffolk and
said damage was in excess of $1500.
27. On or about April 20, 2018, Durante Bros. Construction Corp. issued a check to
NYTAC Corp. to satisfy an invoice which had billed for loads of materials brought from
the Durante Bros. Construction Corp. yard to 515 Wilson Boulevard, Central Islip, New
28. On or about April 27, 2018, at approximately 4:19 pm, Rock placed a call to
Michael Heinrichs and during that phone call they discussed how the Durante Bros.
Construction Corp. owed money to Michael Heinrichs for past dealings in which Michael
Heinrichs arranged for his trucks to remove materials from the Durante Bros. Construction
Corp. yard.
29. In that same call, Rock and Michael Heinrichs agreed that Rock would inquire
with the Durante Bros. Construction Corp. as to the status of Michael Heinrich’s
outstanding invoice.
30. On or about April 27, 2018, at approximately 4:57 pm, Carlos Melgar placed a
phone call to Rock and during that phone call they coordinated for Carlos Melgar to pick
up materials from the Durante Bros. Construction Corp. that week.
31. On or about April 27, 2018, at approximately 6:39 pm, Rock placed a phone call
to James Perruzza and during that phone call Rock and James Perruzza agreed to cover the
material they planned to bury at Carr Place in Bayville with topsoil so that grass could
grow.
32. On or about April 28, 2018, at approximately 10:18 am, Rock received a text
message Thomas St. Clair and in that text message Thomas St. Clair requested additional
locations to dump materials.
33. On or about April 28, 2018, at approximately 10:27 am, Rock received a phone
call from the homeowner of 3 Marginwood Drive, Ridge, New York, County of Suffolk,
and agreed to supply and transport a quantity of purported clean fill to that location.
34. On or about April 28, 2018, at approximately 11:08 am, Rock placed a phone call
to Louis Durante and in that phone call they discussed moving material out of the Durante
Bros. Construction yard expeditiously before the new manifest requirements and DEC
regulations took effect.
35. On or about April 29, 2018, at approximately 10:35 am, Rock placed a phone call
to James Perruzza and in that phone call Rock instructed James Perruzza to go to Carr
Place and Marginwood Drive with an earthmover to spread material at those locations
following the dumping of the fill at those locations.
36. On or about April 29, 2018, at approximately 7:35pm, Anthony Grazio sent a text
message to Milan Parik in which Anthony Grazio asked Milan Parik to bring a load of
material from Durante back to Long Island.
37. On or about April 29, 2018, at approximately 8:43 pm, Rock placed a phone call
to James Perruzza and spoke with James Perruzza and Anthony Grazio, Junior. In that
phone call Rock instructed James Perruzza and Anthony Grazio, Junior, to collect tickets
from the trucks upon completion of the dumping.
38. On or about April 29, 2018, at approximately 8:53 pm, Rock received a call from
Carlos Melgar and in that phone call Carlos Melgar informed Rock that he had a load of
material from Hunter's Point which he needed to get rid of and Rock instructed Carlos
Melgar to pick up loads from Durante Bros. Construction Corp. to bring material out to 3
Marginwood Drive, Ridge, New York, County of Suffolk, and Carlos Melgar agreed to do
the same.
39. On or about April 30, 2018, at approximately 7:44am, James Peruzza placed a
phone call to Rock and in that phone call Rock instructed James Peruzza to spread fill
material mixed with a lot of rocks at 3 Marginwood Drive, Ridge, New York, County of
Suffolk and James Peruzza agreed to.
40. On or about April 30, 2018, Carlos Melgar sent an IEV Trucking Corp. and
D.J.C.I. Enterprises LLC truck containing solid waste that smelled like diesel and
contained large boulders to 3 Marginwood Drive, Ridge, New York, County of Suffolk.
41. On or about April 30, 2018, the IEV Trucking Corp. and D.J.C.I. Enterprises LLC
trucks dumped solid waste at 3 Marginwood in Ridge, New York, County of Suffolk.
42. On or about April 30, 2018, at approximately 9:43 am, James Peruzza placed a
phone call to Rock and in that call they agreed to dump, spread and bury fill material that
smelled like diesel fuel and contained huge boulders at 3 Marginwood Drive, Ridge, New
43. During the same conversation, Rock and James Peruzza agreed to make it appear
as though James Perruzza screened the fill before he spread it.
44. On or about April 30, 2018, Rock entered the property at 3 Marginwood Drive,
Ridge, New York, County of Suffolk, after being informed by Anthony Grazio, Junior, and
James Perruzza that the fill smelled like diesel fuel and contained numerous boulders and
rocks. They then agreed to bury the dirt that smelled like diesel fuel.
45. On or about April 30, 2018, Carlos Melgar provided equipment to James Perruzza
to assist in burying the fill material in the yard of 3 Marginwood Drive, Ridge, New York,
County of Suffolk.
46. On or about April 30, 2018, at approximately 7:35 pm, Rock received a text
message from Thomas St. Clair and in that text message Thomas St. Clair requested
additional places to dump materials.
47. On or about May 1, 2018, at approximately 6:17 pm, James Perruzza placed a
phone call to Rock and in that phone call they discussed how to distance themselves from
the material that was dumped and buried at 3 Marginwood Drive, Ridge, New York,
County of Suffolk and they agreed not to remove any of the material from the property.
48. On or about and between April 28, 2018 and May 1, 2018, Rock, Anthony Grazio,
Junior, James Peruzza, Carlos Melgar, IEV Trucking Corp. and D.J.C.I. Enterprises LLC
intentionally damaged the property located at 3 Marginwood Drive, Ridge, New York,
County of Suffolk and said damage was in excess of $1500.
49. On or about May 2, 2018, James Perruzza arrived at 3 Marginwood Drive, Ridge,
New York, County of Suffolk and retrieved the earthmover, which he had used to attempt
to grade the yard at the location after arranging for the trucks to dump material at that
location.
50. On or about May 3, 2018, at approximately 8:45 am, James Perruzza placed a
phone call to Rock and in that phone call they agreed to coordinate the dumping of fill and
spreading of the same at the property located at 6 Carr Place, Bayville, New York, County
of Nassau.
51. On or about May 3, 2018, James Perruzza spread fill at 6 Carr Place, Bayville,
New York, County of Nassau.
52. On or about and between April 23, 2018 and May 23, 2018, Rock, James
Perruzza, New York Trucking and Carting Corp. and NYTAC Corp. intentionally
damaged the property located at 6 Carr Place, Bayville, New York, County of Nassau and
said damage was in excess of $1500.
53. On or about May 4, 2018, at approximately 11:30 am, Rock received a text
message requesting free fill at 15 Prospect Street in Smithtown.
54. On or about May 6, 2018, between approximately 7:08 pm and 8:03 pm, Rock
exchanged a series of text message with Cesar Ivan Bermeo and during that exchange
Rock instructed Cesar Ivan Bermeo to dump six loads of material at 15 Prospect Street,
Smithtown, New York, County of Suffolk, the following day and Cesar Ivan Bermeo
agreed to do so with loads of material obtained from the County of Queens in the City of
New York.
55. On or about May 6, 2018, at approximately 7:32 pm, Rock sent a text message to
Cesar Ivan Bermeo and in that text message Rock instructed Cesar Ivan Bermeo to send
three loads of material to 15 Prospect Street, Smithtown, New York, County of Suffolk.
56. On or about May 7, 2018, two dump trucks belonging to Kris Trucking Corp
bearing NY Registrations 97104-MK and 65357-PC, each dumped a load of fill material
containing solid waste at 15 Prospect Street, Smithtown, New York, County of Suffolk.
57. On or about May 7, 2018, a dump truck belonging to Kris Trucking Corp bearing
NY Registrations 97104-MK entered a construction site located at Avenue I and East 8th
Street, Bronx County in the City of New York, and was loaded with fill material
containing, but not limited to, dimensional lumbar and concrete.
58. On or about May 7, 2018, at approximately 2:10 pm, Rock received a phone call
from telephone number (631) 774-7979 and in that phone call Rock agreed to provide
1000 yards of clean fill to the residential address located at 541 South Ocean Avenue in
Patchogue, New York, County of Suffolk, and the machinery to spread the same, so long
as the caller agreed to only obtain fill from Rock.
59. On or about May 9, 2018, at approximately 5:26 pm, Rock agreed to send
quantities of purported clean fill to the residential property located at 10 Blackwatch
Court, Southampton, New York, County of Suffolk.
Cesar Ivan Bermeo and instructed him to send the rest of the fill material to 541 South
Ocean Avenue, Patchogue, New York, County of Suffolk.
61. On or about May 10, 2018, a Kris Trucking Corp dump truck bearing NY
registration 653356-PC dumped a load of fill material containing solid waste at 15
Prospect Street, in Smithtown, New York, County of Suffolk.
registration 653356-PC entered a construction site in the vicinity of Chauncey Street in
Brooklyn, New York, in the City of New York, where it was loaded with construction
debris.
registration 653356-PC, loaded with construction materials from a construction site
located at Chauncey Street in Brooklyn, entered a residential property located at 15
Prospect Street, Smithtown, New York, County of Suffolk, and dumped a load of
construction debris, which included solid waste.
64. On or about and between May 7, 2018 and May 11, 2018, Rock, Cesar Ivan
Bermeo and Kris Trucking Corp intentionally damaged the property located at 15 Prospect
Street, Smithtown, New York, County of Suffolk and said damage was in excess of $1500.
65. On or about May 10, 2018, Cesar Ivan Bermeo arranged for Kris Trucking Corp
trucks to dump loads of fill material mixed with concrete foundation at the residential
property located at 541 South Ocean Avenue, Patchogue, New York, County of Suffolk.
66. On or about May 10, 2018, three Kris Trucking Corp dump trucks, bearing NY
registrations 65359-PC, 65358-PC and 65357-PC, loaded with construction materials
from a construction site located at Chauncey Street in Brooklyn, New York, each dumped
a load of solid waste at the residential property located at 541 South Ocean Avenue,
Patchogue, New York, County of Suffolk.
registration 97104-MK was filled with materials directly from a construction site at 1390
Putnam Avenue in Brooklyn, County of Kings, in the City of New York.
registration 97104-MK filled with materials directly from a construction site at 1390
Putnam Avenue in Brooklyn entered the Kris Trucking Corp yard located at Farmers and
Merrick Boulevards, Jamaica, New York, County of Queens, City of New York.
69. On or about May 10, 2018, between approximately 10:51 am and 10:55 am, Rock
exchanged a series of text messages with an individual requesting that free fill be brought
to 992 Prospect Avenue, Westbury, County of Nassau, and Rock agreed to deliver that
material.
70. On or about May 10, 2018, at approximately 4:30 pm, Rock placed a phone call to
Carlos Melgar and during that communication they agreed that Carlos Melgar would send
fifty loads of material to 992 Prospect Avenue, Westbury, and would cover the loads with
clean material.
71. On or about May 11, 2018, two Kris Trucking Corp dump trucks exited the Kris
Trucking Corp yard located at Farmers and Merrick Boulevards in the County of Queens
and headed north transporting fill material mixed with solid waste.
72. On or about May 11, 2018, a Kris Trucking Corp truck bearing NY registration
65357-PC, driven by Feliciano Cruz and loaded with solid waste, drove north along
Interstate 87.
73. On or about May 14, 2018, at approximately 9:42 am, Rock sent a text message to
Thomas St. Clair and in that text message Rock instructed Thomas St. Clair to dump
material at a location on Flanders Road in Riverhead.
74. On or about May 14, 2018, at approximately 12:13 pm, Rock placed a call to
Carlos Melgar and in that phone call Carlos Melgar agreed to dump four loads of material
he received from Durante Bros. Construction Corp. at the residential property located at
945 South Country Road in Bellport, New York, County of Suffolk.
75. On or about May 14, 2018, Carlos Melgar arranged for a load of fill containing
solid waste to be brought from the Durante Bros. Construction Corp., located in Queens
County in the City of New York, to the residential property located at 945 South Country
Road, Bellport, New York, County of Suffolk.
76. On or about May 14, 2018, an IEV Trucking Corp. truck with NY registration
25623-MK dumped a load of fill material containing solid waste at the residential property
located at 945 South Country Road, Bellport, New York, County of Suffolk.
77. On or about May 14, 2018, Rock, Carlos Melgar and IEV Trucking Corp.
intentionally damaged the property located at 945 South Country Road, Bellport, New
York, County of Suffolk and said damage was in excess of $1500.
78. On or about May 14, 2018, two Kris Trucking Corp trucks arrived at 1 Lakeside
Trail, Ridge and attempted to enter that location to dump material. Those two trucks then
went to the residential address at 541 South Ocean Avenue, Patchogue, New York, County
of Suffolk, where each truck dumped material containing solid waste.
79. On or about May 15, 2018, at approximately 4:44 pm, Rock exchanged a series of
text messages with Thomas St. Clair and during that exchange Rock instructed Thomas St.
Clair to dump material at Flanders Road in Riverhead the following day and Thomas St.
Clair agreed to do so.
from Carlos Melgar and in that phone call Carlos Melgar agreed to take five loads of fill
material from Durante Bros. Construction Corp., located in Queens County in the City of
New York, to the residential property located at 230 Landing Lane in Greenport, New
81. On or about May 16, 2018, at approximately 10:35 am, Carlos Melgar placed a
call to Rock and in that phone conversation they agreed to dump loads of material at the
residential property located at 230 Landing Lane, Greenport, New York, County of
Suffolk.
82. On or about May 16, 2018, Carlos Melgar arranged for two loads of solid waste,
originating from the Durante Bros. Construction Corp., located in Queens County in the
City of New York, to be dumped at the residential property located at 230 Landing Lane,
Greenport, New York, County of Suffolk.
83. On or about May 16, 2018, two IEV Trucking Corp. trucks dumped a load of solid
waste, originating from the Durante Bros. Construction Corp., located in the County of
Queens in the City of New York, at the residential property located at 230 Landing Lane,
Greenport, New York, County of Suffolk.
84. On or about and between May 15, 2018 and May 17, 2018, Rock, Carlos Melgar,
IEV Trucking Corp. and D.J.C.I. Enterprises LLC intentionally damaged the property
located at 230 Landing Lane, Greenport, New York, County of Suffolk and said damage
was in excess of $1500.
85. On or about May 16, 2018, Carlos Melgar arranged for a load of material
containing solid waste, originating from the Durante Bros. Construction Corp., located in
the County of Queens in the City of New York, to be dumped at T&S Haulers, 3968
Middle Country Road, in Calverton, New York, County of Suffolk.
86. On or about May 16, 2018, an IEV Trucking Corp. truck dumped a load of
material containing solid waste, originating from the Durante Bros. Construction Corp.,
located in the County of Queens in the City of New York, at T&S Haulers, 3968 Middle
Country Road, in Calverton, New York, County of Suffolk.
87. On or about May 16, 2018, Carlos Melgar lent Rock equipment used to spread fill
at 541 South Ocean, Patchogue, New York, County of Suffolk.
88. On or about May 16, 2018, at approximately 1:19 pm, Carlos Melgar received a
text message from Rock during which Rock instructed Carlos Melgar to bring 1000 yards
of material to the residential address at 10 Blackwatch Court, Southampton, New York,
County of Suffolk.
89. On or about May 16, 2018, at approximately 2:26 pm, Carlos Melgar placed a
phone call to Rock and in that phone call they agreed to send 1000 yards of material to 10
Blackwatch Court, Southampton, New York, County of Suffolk.
Cesar Ivan Bermeo and in that text message Rock instructed Cesar Ivan Bermeo to bring
1000 yards of fill to 10 Blackwatch Court, Southampton, New York, County of Suffolk.
91. On or about May 17, 2018, Carlos Melgar arranged for three loads of material
containing solid waste, originating from Durante Bros. Construction Corp., located in the
County of Queens in the City of New York, to be dumped at the residential property
located at 230 Landing Lane, Greenport, New York, County of Suffolk.
92. On or about and between May 20, 2018 and June 6, 2018, Rock and Cesar Ivan
Bermeo arranged for dump trucks belonging to Kris Trucking Corp, to obtain material
containing solid waste directly from a construction site located at the vicinity of 25-82
43rd Street in Long Island City, New York, County of Queens, in the City of New York,
and to dump said material at the residential property located at 101 Summerfield Drive,
Holtsville, New York, County of Suffolk.
93. On or about May 21, 2018, at approximately 2:45pm, Rock and James Perruzza
engaged in a conversation during which they discussed how to distance themselves from
the damage caused at 6 Carr Place, Bayville, New York, County of Nassau.
94. On or about May 21, 2018, Cesar Ivan Bermeo arranged for Kris Trucking Corp
trucks to dump multiple loads of material at the residential property located at 541 South
Ocean Avenue, Patchogue, New York, County of Suffolk.
from another individual and in that phone call Rock agreed to provide the caller with an
amount of clean fill, and level the same, in the backyard of the residential property located
at 79 Seymour Lane, Medford, New York, County of Suffolk.
phone call to Rock and in that phone call they coordinated to have material buried at the
residential property located at 587 Shore Drive in Oakdale, New York, County of Suffolk.
Milan Parik and in that text message Rock instructed Milan Parik to bring loads of
material to Shore Drive in Oakdale, New York, County of Suffolk.
98. On or about May 23, 2018, a Starfire Industries Inc. truck bearing New York
registration 60558-MK drove from the Durante Bros. Construction Corp., located in the
County of Queens in the City of New York, where it was loaded with material containing
solid waste and dumped said materials at the residential property located at 587 Shore
Drive, Oakdale, New York, County of Suffolk.
registration 60558-MK dumped four loads of material containing solid waste at the
residential property located at 587 Shore Drive, Oakdale, New York, County of Suffolk.
100. On or about and between May 22, 2018 and May 23, 2018, Rock, Milan Parik and
Starfire Industries Inc. intentionally damaged the property located at 587 Shore Drive,
Oakdale, New York, County of Suffolk and said damage was in excess of $1500.
from the homeowner of 101 Summerfield Drive in Holtsville, New York, County of
Suffolk, and in that phone call Rock agreed to supply 100 yards of clean fill to the
homeowner at that address.
102. On or about May 24, 2018, between approximately 5:23 pm and 5:40 pm, Rock
exchanged a series of text messages with Thomas St. Clair and in that exchange Rock
instructed Thomas St. Clair to dump material at multiple locations including 101
Summerfield Drive, Holtsville, County of Suffolk, the following day and Thomas St. Clair
agreed to do so.
103. On or about May 24, 2018, at approximately 6:25pm, Rock placed a phone call to
Cesar Ivan Bermeo and in that phone call they agreed that Cesar Ivan Bermeo would have
Kris Trucking Corp trucks dump loads of purported fill at 10 Blackwatch Court,
Southampton, New York, County of Suffolk.
104. On or about May 25, 2018, two dump trucks belonging to Kris Trucking Corp
bearing New York registrations 65360-PC and 65357-PC travelled to the residential
property located at 10 Blackwatch Court, Southampton, New York, County of Suffolk,
where they each dumped a load of material containing solid waste at that location.
105. On or about May 25, 2018, a Kris Trucking Corp dump truck bearing New York
registration 97104-MK filled up with material directly from a construction site at 1390
Putnam Avenue in the County of Kings, in the City of New York, and then entered the
Kris Trucking Corp yard located at Farmers and Merrick Boulevards, Jamaica, New York,
County of Queens in the City of New York.
106. On or about May 25, 2018, trucks belonging to Kris Trucking Corp, including
those bearing New York registrations 97104-MK, 653355-PC and 65358-PC, loaded with
construction materials from a construction site located at Chauncey Street in the County of
Kings, City of New York, and each dumped said material containing solid waste at the
residential property located at 541 South Ocean Avenue, Patchogue, New York, County of
Suffolk.
107. On or about May 26, 2018, four dump trucks belonging to Kris Trucking Corp,
loaded with construction materials from a construction site located at Chauncey Street in
the County of Kings, City of New York, each dumped a load of material containing solid
waste at the residential property located at 541 South Ocean Avenue, Patchogue, New
Bermeo and Kris Trucking Corp intentionally damaged the property located at 541 South
Ocean Avenue, Patchogue, New York, County of Suffolk and said damage is in excess of
$1500.
109. On or about May 28, 2018, Carlos Melgar directed an IEV Trucking Corp. truck
bearing New York registration 25623-MK, to dump a load of material containing solid
waste on the residential property located at 10 Blackwatch Court, Southampton, New
110. On or about May 28, 2018, a D.J.C.I. Enterprises LLC truck bearing New York
registration 98451-MK dumped loads of material containing solid waste on the residential
property located at 10 Blackwatch Court, Southampton, New York, County of Suffolk.
111. On or about and between May 16, 2018 and May 30, 2018, Rock, Carlos Melgar,
IEV Trucking Corp., D.J.C.I. Enterprises LLC, Cesar Ivan Bermeo and Kris Trucking
Corp intentionally damaged the property located at 10 Blackwatch Court, Southhampton,
New York, County of Suffolk and said damage was in excess of $1500.
112. On or about May 29, 2018, Cesar Ivan Bermeo coordinated for three Kris
Trucking Corp trucks to each dump a load of material containing solid waste that day and
agreed with Rock to have additional loads of material dumped at Flanders Road,
Riverhead, New York, County of Suffolk.
113. On or about May 29, 2018, at approximately 9:25 am, Rock placed a phone call to
Carlos Melgar and in that phone call they agreed to dump additional loads of material at
the residential property located at 230 Landing Lane, Greenport, New York, County of
Suffolk.
registration 27794-TC and a registration number DN-64663 on its trailer, driven by
Gonzola Marroquin-Figueroa, transported a load of material containing solid waste to the
Starfire Industries Inc. yard located at Munsell Road, Medford, New York, County of
Suffolk County.
115. On or about May 29, 2018, at approximately 4:32 pm, Rock received phone call
from telephone number (631) 356-3989, during which the caller requested an additional
quantity of clean fill at the address of 101 Summerfield Drive, Holtsville, New York,
County of Suffolk.
telephone number (631) 356-3989 and agreed to supply the additional quantity of
purported clean fill.
Bermeo and Kris Trucking Corp intentionally damaged the property located at 101
Summerfield Drive, Holtsville, New York, County of Suffolk and said damage was in
excess of $1500.
118. On or about May 30, 2018, trucks belonging to Kris Trucking Corp dumped a
load of material containing solid waste at a residential property located on Flanders Road
in Riverhead, New York, County of Suffolk.
phone call to Rock and in that phone call James Perruzza informed Rock that the
residential property located at 79 Seymour Lane, Medford, New York, County of Suffolk,
was the perfect location to hide additional quantities of solid waste materials and they
agreed to arrange for trucks to bring solid waste to that location.
120. On or about May 30, 2018, at approximately 12:33pm, Rock sent a text message
to Cesar Ivan Bermeo and in this text message Rock instructed Cesar Ivan Bermeo to
bring all of his trucks to dump material at the residential property located at 79 Seymour
Lane, Medford, New York, County of Suffolk.
121. On or about May 30, 2018, at approximately 4:44pm, Rock placed a phone call to
Cesar Ivan Bermeo and in that phone call Cesar Ivan Bermeo agreed to bring loads of
material the following day to the residential property located at 79 Seymour Lane,
Medford, New York, County of Suffolk.
122. In that same conversation Rock informed Cesar Ivan Bermeo that the loads did
not need to be clean, and Cesar Ivan Bermeo agreed to bring mixed fill material from
Brooklyn, which included concrete and brick.
123. On or about May 30, 2018, at approximately 7:38pm Rock placed a phone call to
James Perruzza and in that phone call they agreed to bury the mixed fill material that
Cesar Ivan Bermeo and Kris Trucking Corp agreed to bring to the residential property
located at 79 Seymour Lane, Medford, New York, County of Suffolk.
124. On or about May 30, 2018, a dump truck belonging to Kris Trucking Corp, which
had been loaded with construction materials from a construction site located at 25-82 43rd
Street in Long Island City, New York, County of Queens in the City of New York, dumped
the aforesaid material containing solid waste onto the residential property located at 79
Seymour Lane, Medford, New York, County of Suffolk.
125. On or about May 31, 2018, Rock placed a phone call to Cesar Ivan Bermeo and in
that phone call they agreed that Cesar Ivan Bermeo would bring loads of construction
material the following day to 79 Seymour Lane, Medford, New York, County of Suffolk.
126. On or about May 31, 2018, three dump trucks belonging to Kris Trucking Corp,
including trucks with New York registrations 65360-PC and 65359-PC, dumped material
containing solid waste and construction debris obtained from a construction site located at
the vicinity of 25-82 43rd Street in Long Island City, New York, County of Queens in the
City of New York, onto the residential property located at 79 Seymour Lane, Medford,
New York, County of Suffolk.
127. On or about May 31, 2018, Rock and James Perruzza coordinated for multiple
loads of material containing solid waste to be dumped at 79 Seymour Lane, Medford,
New York, County of Suffolk.
128. On or about and between May 29, 2018 and May 31, 2018, Rock, James Peruzza,
Cesar Ivan Bermeo and Kris Trucking Corp intentionally damaged the property located at
79 Seymour, Medford, New York, County of Suffolk and said damage was in excess of
$1500.
129. On or about May 31, 2018, a dump truck belonging to Kris Trucking Corp bearing
New York registration 65357-PC entered a property at Flanders Road in Riverhead, New
York, County of Suffolk, and dumped a load of material containing solid waste at the
location.
Bermeo and Kris Trucking Corp intentionally damaged the property located at Flanders
Road, Riverhead, New York, County of Suffolk and said damage was in excess of $1500.
131. On or about June 1, 2018, Rock, between approximately 12:15pm and 5:01pm,
Rock exchanged a series of text messages with another individual in which Rock agreed
to send three loads of purported clean fill to the residential property located at 122
Penataquit Avenue, Bay Shore, New York, County of Suffolk.
132. On or about and between June 1, 2018 and June 9, 2018, Milan Parik called the
owner of 110 Frowein Road in Center Moriches, New York, County of Suffolk, and
offered to provide him with free, clean fill and/or RCA material.
133. On or about and between June 1, 2018 and June 9, 2018, Milan Parik told the
owner of 110 Frowein Road in Center Moriches, New York, County of Suffolk that the
free, clean fill and/or RCA that he agreed to deliver was locally obtained from within
Suffolk County.
134. On or about June 2, 2018, at approximately 8:59 am, Rock sent a text message to
telephone number (631) 235-6890 and instructed the user of that phone to bring an
additional quantity of fill to 101 Summerfield Drive, Holtsville, New York, County of
Suffolk.
135. On or about June 3, 2018, at approximately 6:21pm, Rock sent a text message to
Cesar Ivan Bermeo and in that text message Rock instructed Cesar Ivan Bermeo to send
1000 yards of material to 122 Penataquit Avenue, Bay Shore, New York, County of
Suffolk and Cesar Ivan Bermeo agreed.
136. On or about June 4, 2018, at approximately 1:08 pm, Cesar Ivan Bermeo placed a
phone call to Rock and in that phone call Rock instructed him to dump a load of fill
material mixed with solid waste, including approximately 2-3 foot boulders, in the yard at
122 Penataquit Avenue, Bay Shore, New York, County of Suffolk.
137. On or about June 4, 2018, Rock and Cesar Ivan Bermeo coordinated for several
trucks to go to the residential property located at 122 Penataquit Avenue, Bay Shore, New
York, County of Suffolk, where two of the trucks dump loads containing solid waste and
construction debris obtained from a construction site located at the vicinity of 6
Boulevard, Whitestone, New York, County of Queens, in the City of New York.
138. On or about and between June 3, 2018 and June 4, 2018, Rock, Cesar Ivan
Bermeo and Kris Trucking Corp intentionally damaged the property located at 122
Penataquit, Bay Shore, New York, County of Suffolk and said damage was in excess of
$1500.
139. On or about June 4, 2018, Rock and Cesar Ivan Bermeo coordinated for four
additional truckloads of material to be brought to the residential property located at 122
140. On or about June 4, 2018, four Kris Trucking Corp trucks were present at 122
141. On or about June 5, 2018, at approximately 7:35 pm, Rock sent a text message to
Thomas St. Clair and in that text message Rock instructed Thomas St. Clair to dump five
loads of material at 17 Curtis Drive in Sound Beach.
142. On or about June 7, 2018, a D.J.C.I. Enterprises LLC tractor trailer bearing New
York registration 19597TC, loaded with material obtained from Hunter’s Point Recycling,
located in the County of the Bronx, in the city of New York, dumped said load of material
containing solid waste at the property located at 73 Horseblock Road, Bellport, New York,
County of Suffolk.
143. On or about June 8, 2018, an IEV Trucking Corp. tractor trailer bearing New York
registration 25769TC on the tractor and BP48999 on the trailer, was loaded with material
obtained from Durante Bros. Construction Corp., located in the County of Queens, the
City of New York, and drove into Suffolk County.
144. On or about June 8, 2018, a D.J.C.I. Enterprises LLC tractor trailer bearing New
York Registration 25767TC on the tractor and BP48998 on the trailer, was loaded with
material obtained from the Durante Bros. Construction Corp., located in the County of
Queens, in the City of New York, and drove into Suffolk County.
145. On or about June 9, 2018, a Starfire Industries Inc. dump truck bearing New York
registration 60558MK, and two Starfire Industries Inc. tractor trailers bearing New York
registrations 25671TC on the tractor and BP36854 on the trailer, and 27794TC on the
tractor and BN64663 on the trailer, attempted to dump material containing solid waste
obtained from Durante Bros. Construction Corp. in the County of Queens in the City of
New York, on the property located at 110 Frowein Road, Center Moriches, New York,
County of Suffolk.
146. On or about and between June 4, 2018, and June 7, 2018, Louis Durante arranged
for the movement and dilution of a pile of materials that tested positive for the presence of
lead in the Durante Bros. yard.
147. On or about June 6, 2018, at approximately 6:28 pm, John Durante placed a
phone call to Louis Durante and in that phone call they discussed the presence of PCBs in
their material and agreed to have Rock and others remove the material.
148. On or about June 6, 2018, at approximately 8:23 pm, Louis Durante placed a
phone call to a another individual referred to as Seraphin, and in that phone call Louis
Durante instructed that individual to cover up the asphalt in the fill to prevent its
detection.
149. On or about June 7, 2018, at approximately 8:21 pm, Louis Durante received a
phone call from Michael Durante and in that phone call they agreed to dilute the material
that they pay to have hauled away, so that items such as asphalt and PCBs are less likely
to be detected.
150. On or about June 11, 2018, at approximately 7:35 am, Frank Rotondo received a
phone call from James Williams a/k/a Mitch and in that phone call they agreed to bring
RCA from Durante Bros. Construction Corp., located in the County of Queens in the City
of New York, to the Roslyn Heights School at 240 Willow Street, Roslyn Heights, New
York, County of Nassau.
151. On or about June 11, 2018, Frank Rotondo arranged for James Williams a/k/a
Mitch, using a Modern Leasing, Inc. d/b/a Dumpmasters and Silver Star truck, to dump a
load of RCA containing solid waste at the Roslyn Heights School located at 240 Willow
Street, Roslyn Heights, New York, County of Nassau.
152. On or about June 11, 2018, James Williams a/k/a Mitch, using a Modern Leasing,
Inc. d/b/a Dumpmasters and Silver Star truck, dumped a load of RCA containing solid
waste at the Roslyn Heights School located at 240 Willow Street, Roslyn Heights, New
York, County of Nassau.
153. On or about June 11, 2018, Frank Rotondo arranged for James Williams a/k/a
Mitch, using a Modern Leasing, Inc. d/b/a Dumpmasters and Silver Star truck, to dump a
load of RCA containing solid waste at the Roslyn Heights School located at 240 Willow
Street in Roslyn Heights, New York, County of Nassau, and such a load was attempted to
be dumped at that location.
154. On or about June 11, 2018, Frank Rotondo and Modern Leasing, Inc. d/b/a
Dumpmasters and Silver Star intentionally damaged the property located at 240 Willow
Street, Roslyn Heights, New York, County of Nassau and said damage was in excess of
$1500.
155. On or about and between June 11, 2018 and June 12, 2018, Rock and Thomas St.
Clair agreed to transport and dump material at locations including the residential
properties located at 17 Curtis Drive, Sound Beach, New York, County of Suffolk and at 7
Locust Avenue in Setauket, New York, County of Suffolk.
156. On or about and between June 11, 2018 and June 12, 2018, a truck belonging to
Clairco Industries Inc. d/b/a St. Clair Trucking, bearing New York registration 33931-MB,
driven by Joseph Lamberta, dumped loads of material containing solid waste at the
residential property located at 17 Curtis Drive, Sound Beach, New York, County of
Suffolk.
157. On or about and between June 11, 2018 and June 12, 2018, Rock, Thomas St.
Clair and Clarico Industries, Inc. d/b/a St. Clair Trucking intentionally damaged the
property located at 17 Curtis Drive, Sound Beach, County of Suffolk and said damage was
in excess of $1500.
158. On or about June 11, 2018, at approximately 9:54 pm, Rock exchanged a series of
text messages with Thomas St. Clair and in that exchange Rock instructed Thomas St.
Clair to dump material at 7 Locust Avenue, Setauket, County of Suffolk, the following day
and Thomas St. Clair agreed to do so.
159. On or about June 12, 2018, a truck belonging to Clarico Industries, Inc. d/b/a St.
Clair Trucking, bearing New York registration BD-94572, which had been filled at
Hunter's Point Recycling, located in the County of the Bronx in the City of New York,
dumped loads of material containing solid waste at 1230 Station Road in Medford, New
160. On or about June 12, 2018, a truck belonging to Clarico Industries, Inc. d/b/a St.
Clair Trucking, bearing New York registration 33931-MB loaded with material containing
solid waste, left the yard located at 1230 Station Road in Medford, New York, County of
Suffolk, carrying fill that included the materials which had been brought there from
Hunter's Point Recycling and attempted to dump the same at the residential property
located at 7 Locust Avenue, Setauket, New York, County of Suffolk.
161. On or about June 12, 2018, Thomas St. Clair possessed and uttered a registration
that did not correspond to the material which it purported to be.
162. On or about June 15, 2018, at approximately 12:56 pm, Louis Durante engaged in
a phone conversation with Rock and in that phone call they agreed to instruct the drivers
who haul materials away from Durante Bros. Construction Corp. to be more careful not to
attract attention towards their operation to avoid detection.
163. On or about June 16, 2018, at approximately 8:17 am, Louis Durante placed a
phone call to John Durante and during that phone call they agreed to dilute the material in
their yard and cover it with good stuff so that the material was more likely to pass a test
and less likely to be detected.
164. On or about June 19, 2018, at approximately 2:18 pm, Michael Heinrichs placed a
call to Frank Rotondo and during that phone call they discussed bringing material from
Durante Bros. Construction Corp. to Long Island, specifically the Roslyn Heights School,
and they further discussed how to reclaim the truck that had been impounded from the
Roslyn Heights School.
165. On or about June 27, 2018, between approximately 10:35 am and 10:36 am, Rock
and Robert Hirsch engaged in a series of text messages during which they agreed to have
five loads of fill brought to 6 Saddle Lane, Nissequogue, New York, County of Suffolk.
166. On or about June 27, 2018, at approximately 11:04 am, Rock and an unknown
male engaged in a conversation during which they agreed to dump additional loads of
material at the residential property located at 230 Landing Lane in Greenport, New York,
County of Suffolk.
167. On or about and between June 27, 2018 and June 29, 2018, Rock arranged for
material containing solid waste to be dumped at the residential property located at 6
Saddle Lane, Nissequogue, New York, County of Suffolk.
168. On or about June 29, 2018, at approximately 1:52 pm, Rock placed a phone call to
Robert Hirsch and in that call they agreed to tell the DEC that the material dumped at the
residential property located at 6 Saddle Lane in Nissequogue, New York, County of
Suffolk, came from local pool fill.
169. Rock used telephone number (631) 456-6207 from on or about January 30, 2018
through on or about July 17, 2018 to communicate with other individuals.
170. James Peruzza used telephone number (631) 524-4577 to communicate with other
individuals.
171. Carlos Melgar used telephone number (631) 767-0689 to communicate with other
individuals.
172. Milan Parik used telephone number (347) 538-1202 to communicate with other
individuals.
173. Cesar Ivan Bermeo used telephone number (646) 525-8825 to communicate with
other individuals.
174. Frank Rotondo used telephone number (516) 807-3771 to communicate with
other individuals.
175. Michael Heinrichs used telephone number (631) 838-0599 to communicate with
other individuals.
176. Thomas St. Clair used telephone number (516) 983-9513 to communicate with
other individuals.
177. Louis Durante used telephone number (917) 682-2343 to communicate with other
individuals.
2.
AND THE GRAND JURY OF THE COUNTY OF SUFFOLK, by this indictment,
further accuses the defendant DURANTE BROS. CONSTRUCTION CORP. of the crime of
ENDANGERING PUBLIC HEALTH, SAFETY OR THE ENVIRONMENT IN THE THIRD
DEGREE, in violation of Section 71-2712(1) of the Environmental Conservation Law of the
State of New York committed as follows:
Said defendant, acting in concert with others, on or about the 13th day of June, 2017, at
2669 Sound Avenue, Calverton, Town of Riverhead, in the County of Suffolk, State of New
York, did recklessly engage in conduct which caused the release of a substance acutely
hazardous to public health, safety or the environment, to wit: Dieldrin.
3.

hazardous to public health, safety or the environment, to wit: Aldrin.
4.

ENDANGERING PUBLIC HEALTH, SAFETY OR THE ENVIRONMENT IN THE FOURTH
York, did recklessly engage in conduct which caused the release of a substance hazardous to
public health, safety or the environment.
5.

OPERATING A SOLID WASTE MANAGEMENT FACILITY WITHOUT A PERMIT in
violation Section 71-2703(2)(c)(i) of the Environmental Conservation Law of the State of New
York committed as follows:
Said defendant, on or about the 13th day of June, 2017, in the County of Suffolk, State of
New York, did recklessly violate a provision of and failed to perform a duty imposed by Title 7
of Article 27 of the Environmental Conservation Law, or a rule or regulation promulgated
pursuant thereto, by commencing operation of a new solid waste management facility at 2669
Sound Avenue, Calverton, Town of Riverhead, New York, County of Suffolk, without having
obtained a permit from the New York State Department of Environmental Conservation, and
thereby caused or attempted to cause the release of more than seventy (70) cubic yards of solid
waste into the environment.
6.

further accuses the defendants ANTHONY GRAZIO AKA ROCCO AKA ROCK, VITO
FRAGOLA, NYTAC CORP., NEW YORK TRUCKING AND CARTING CORPORATION, and
DURANTE BROS. CONSTRUCTION CORP. of the crime of CRIMINAL MISCHIEF IN THE
SECOND DEGREE, in violation of Section 145.10 of the Penal Law of the State of New York
Said defendants, acting in concert with each other and others, on or about and between
the2nd day of February, 2018, and the 15th day of February, 2018, in the County of Suffolk, State
of New York, with the intent to damage property of another person, and having no right to do so
nor any reasonable belief that they had such right, did damage the property of another person in
an amount exceeding one thousand five hundred dollars, to wit: 515 Wilson Boulevard, Central
Islip.
7.

FRAGOLA, NYTAC CORP, NEW YORK TRUCKING AND CARTING CORPORATION and
DURANTE BROS. CONSTRUCTION CORP. of the crime of ENDANGERING PUBLIC
HEALTH, SAFETY OR THE ENVIRONMENT IN THE FOURTH DEGREE, in violation of
Section 71-2711(3) of the Environmental Conservation Law of the State of New York committed
as follows:
the 2nd day of February, 2018, and the 15th day of February, 2018, at 515 Wilson Boulevard,
Central Islip, in the County of Suffolk, State of New York, did recklessly engage in conduct
which caused the release of a substance hazardous to public health, safety or the environment.
8.
FRAGOLA, NYTAC CORP and NEW YORK TRUCKING AND CARTING CORPORATION
of the crime of OPERATING A SOLID WASTE MANAGEMENT FACILITY WITHOUT A
PERMIT in violation of Section 71-2703(2)(c)(i) of the Environmental Conservation Law of the
of New York, did recklessly violate a provision of and failed to perform a duty imposed by Title
7 of Article 27 of the Environmental Conservation Law, or a rule or regulation promulgated
Wilson Avenue, Central Islip, New York, County of Suffolk, without having obtained a permit
from the New York State Department of Environmental Conservation, and thereby caused or
attempted to cause the release of more than seventy (70) cubic yards of solid waste into the
environment.
9.

violation of Section 71-2703(2)(b)(i) of the Environmental Conservation Law of the State of
New York committed as follows:
Said defendant, acting in concert with others, on or about the 15th day of February, 2018,
in the County of Suffolk, State of New York, did recklessly violate a provision of and failed to
perform a duty imposed by Title 7 of Article 27 of the Environmental Conservation Law, or a
rule or regulation promulgated pursuant thereto, by commencing operation of a new solid waste
management facility at 515 Wilson Avenue, Central Islip, New York, County of Suffolk, without
having obtained a permit from the New York State Department of Environmental Conservation,
and thereby caused or attempted to cause the release of more than ten (10) cubic yards of solid
waste into the environment.
10.

further accuses the defendant IVAN DELGADO of the crime of TRANSPORTATION OF
SOLID WASTE WITHOUT AUTHORIZATION in violation of Section 71-2703(2)(b)(i) of the
Environmental Conservation Law of the State of New York committed as follows:
Said defendant, on or about the 15th day of February, 2018, in the County of Suffolk,
State of New York, did recklessly violate a provision of and failed to perform a duty imposed by
Title 3 of Article 27 of the Environmental Conservation Law, or a rule or regulation promulgated
pursuant thereto, by transporting solid waste to 515 Wilson Avenue, Central Islip, New York,
County of Suffolk, without having authorization from the New York State Department of
Environmental Conservation, and thereby caused or attempted to cause the release of more than
ten (10) cubic yards of solid waste into the environment.
11.

further accuses the defendant DWAYNE SANDERS of the crime of TRANSPORTATION OF
Title 3 of Article 27 of the Environmental Conservation Law, or a rule or regulation promulgated
pursuant thereto, by transporting solid waste to 515 Wilson Avenue, Central Islip, New York,
12.

further accuses the defendant ALBERTO SANTIAGO of the crime of TRANSPORTATION OF
Title 3 of Article 27 of the Environmental Conservation Law, or a rule and regulation
promulgated pursuant thereto, by transporting solid waste to 515 Wilson Avenue, Central Islip,
New York, County of Suffolk, without having authorization from the New York State
Department of Environmental Conservation, and thereby caused or attempted to cause the
release of more than ten (10) cubic yards of solid waste into the environment.
13.

further accuses the defendant IVAN DELGADO of the crime of CRIMINAL FACILITATION IN
THE FOURTH DEGREE, in violation of Section 115.00 (1) of the Penal Law of the State of
State of New York, believing it was probable that he was rendering aid to a person or persons
who intended to commit a crime, engaged in conduct which provided such person or persons
with means or opportunity for the commission thereof and which in fact aided such person or
persons to commit a felony.
14.

further accuses the defendant DWAYNE SANDERS of the crime of CRIMINAL
FACILITATION IN THE FOURTH DEGREE, in violation of Section 115.00 (1) of the Penal
Law of the State of New York committed as follows:
15.

further accuses the defendant ALBERTO SANTIAGO of the crime of CRIMINAL
FACILITATION IN THE FOURTH DEGREE, in violation of Section 115.00 (1) of the Penal
16.

further accuses the defendant ROBERT WALTER of the crime of CRIMINAL FACILITATION
IN THE FOURTH DEGREE, in violation of Section 115.00 (1) of the Penal Law of the State of
17.

further accuses the defendants ANTHONY GRAZIO AKA ROCCO AKA ROCK, NYTAC
CORP and NEW YORK TRUCKING AND CARTING CORPORATION of UNLAWFULLY
POSTING ADVERTISEMENTS, in violation of Section 145.30 (1) of the Penal Law of the State
of New York committed as follows:
of New York, having no right to do so nor any reasonable ground to believe that he has such
right, posted, painted or otherwise affixed to the property of another any advertisement, poster,
notice or other matter designed to benefit a person other than the owner of the property.
18.

further accuses the defendants ANTHONY GRAZIO AKA ROCCO AKA ROCK, JAMES
PERRUZZA, NYTAC CORP and NEW YORK TRUCKING AND CARTING CORPORATION
of the crime of CRIMINAL MISCHIEF IN THE SECOND DEGREE, in violation of Section
145.10 of the Penal Law of the State of New York committed as follows:
the23rd day of April, 2018, and the 23rd day of May, 2018, in the County of Nassau, State of
New York, with the intent to damage property of another person, and having no right to do so nor
any reasonable belief that they had such right, did damage the property of another person in an
amount exceeding one thousand five hundred dollars, to wit: 6 Carr Place, Bayville.
19.

of the crime of ENDANGERING PUBLIC HEALTH, SAFETY OR THE ENVIRONMENT IN
THE FOURTH DEGREE, in violation of Section 71-2711(3) of the Environmental Conservation
the 23rd day of April, 2018, and the 23rd day of May, 2018, at 6 Carr Place, Bayville, in the
County of Nassau, State of New York, did recklessly engage in conduct which caused the release
of a substance hazardous to public health, safety or the environment.
20.

of the crime of OPERATING A SOLID WASTE MANAGEMENT FACILITY WITHOUT A
PERMIT in violation of Section 71-2703(2)(b)(i) of the Environmental Conservation Law of the
the 23rd day of April, 2018, and the 23rd day of May, 2018, in the County of Nassau, State of
pursuant thereto, by commencing operation of a new solid waste management facility at 6 Carr
Place, Bayville, New York, County of Nassau, without having obtained a permit from the New
York State Department of Environmental Conservation, and thereby caused or attempted to cause
the release of more than ten (10) cubic yards of solid waste into the environment.
21.

further accuses the defendants ANTHONY GRAZIO AKA ROCCO AKA ROCK, ANTHONY
GRAZIO, JR., JAMES PERRUZZA, CARLOS MELGAR, IEV TRUCKING CORP., and
D.J.C.I ENTERPRISES LLC of the crime of CRIMINAL MISCHIEF IN THE SECOND
DEGREE, in violation of Section 145.10 of the Penal Law of the State of New York committed
as follows:
the28th day of April, 2018, and the 1st day of May, 2018, in the County of Suffolk, State of New
York, with the intent to damage property of another person, and having no right to do so nor any
reasonable belief that they had such right, did damage the property of another person in an
amount exceeding one thousand five hundred dollars, to wit: 3 Marginwood Drive, Ridge
22.

CRIMINAL MISCHIEF IN THE FOURTH DEGREE, in violation of Section 145.00(3) of the
Penal Law of the State of New York committed as follows:
Said defendant, acting in concert with others, on or about and between the 28th day of
April, 2018, and 1st day of May, 2018, in the County of Suffolk, State of New York, having no
right to do so nor any reasonable belief that it had such right, did recklessly damage the property
of another person in an amount exceeding two hundred fifty dollars to wit: 3 Marginwood Drive,
Ridge
23.

further accuses the defendants ANTHONY GRAZIO AKA ROCCO AKA ROCK, CARLOS
MELGAR, and IEV TRUCKING CORP. of the crime of FALSIFYING BUSINESS RECORDS
IN THE FIRST DEGREE in violation of Section 175.10 of the Penal Law of the State of New
Said defendants, acting in concert with each other and others, on or about the 30th day of
April, 2018, in the County of Suffolk, State of New York, and elsewhere, with the intent to
defraud, including the intent to commit another crime or to aid or conceal the commission
thereof, made or caused a false entry in the business records of an enterprise, to wit: Durante
Bros. Construction Corp. ticket 943579.
24.

GRAZIO JR., JAMES PERRUZZA, CARLOS MELGAR, IEV TRUCKING CORP., D.J.C.I
ENTERPRISES LLC and DURANTE BROS. CONSTRUCTION CORP. of the crime of
the28th day of April, 2018, and the 1st day of May, 2018, in the County of Suffolk, State of New
hazardous to public health, safety or the environment, to wit: Dieldrin
25.

GRAZIO JR., JAMES PERRUZZA, CARLOS MELGAR, IEV TRUCKING CORP., D.J.C.I
ENTERPRISES LLC, and DURANTE BROS. CONSTRUCTION CORP. of the crime of
the 28th day of April, 2018, and the 1st day of May, 2018, at 3 Marginwood Drive, in the County
of Suffolk, State of New York, did recklessly engage in conduct which caused the release of a
substance hazardous to public health, safety or the environment.
26.

GRAZIO JR., JAMES PERRUZZA, CARLOS MELGAR, IEV TRUCKING CORP., and D.J.C.I
ENTERPRISES LLC of the crime of OPERATING A SOLID WASTE MANAGEMENT
FACILITY WITHOUT A PERMIT in violation of Section 71-2703(2)(c)(i) of the Environmental
Conservation Law of the State of New York committed as follows:
the 28th day of April, 2018, and the 1st day of May, 2018, in the County of Suffolk, State of New
York, did recklessly violate a provision of and failed to perform a duty imposed by Title 7 of
Article 27 of the Environmental Conservation Law, or a rule or regulation promulgated pursuant
thereto, by commencing operation of a new solid waste management facility at 3 Marginwood
Drive, Ridge, New York, County of Suffolk, without having obtained a permit from the New
the release of more than seventy (70) cubic yards of solid waste into the environment.
27.

violation of ENVIRONMENTAL CONSERVATION LAW § 71-2703(2)(b)(i), committed as
follows:
April, 2018, and the 1st day of May, 2018, in the County of Suffolk, State of New York, did
recklessly violate a provision of and failed to perform a duty imposed by Title 7 of Article 27 of
the Environmental Conservation Law, or a rule or regulation promulgated pursuant thereto, by
commencing operation of a new solid waste management facility at 3 Marginwood Drive, Ridge,
New York, County of Suffolk, without having obtained a permit from the New York State
28.

further accuses the defendant ANTHONY GRAZIO AKA ROCCO AKA ROCK of the crime of
CRIMINAL MISCHIEF IN THE SECOND DEGREE, in violation of Section 145.10 of the
April, 2018, and the 1st day of May, 2018, in the County of Suffolk, State of New York, with the
intent to damage property of another person, and having no right to do so nor any reasonable
belief that they had such right, did damage the property of another person in an amount
exceeding one thousand five hundred dollars, to wit: 5 Marginwood Drive, Ridge.
29.
April, 2018, and the 1st day of May, 2018, at 5 Marginwood Drive, Ridge, in the County of
Suffolk, State of New York, did recklessly engage in conduct which caused the release of a
substance hazardous to public health, safety or the environment.
30.

April, 2018, and the 1st day of May, 2018, in the County of Suffolk, State of New York, did
commencing operation of a new solid waste management facility at 5 Marginwood Drive, Ridge,
New York, County of Suffolk, without having obtained a permit from the New York State
31.

further accuses the defendants ANTHONY GRAZIO AKA ROCCO AKA ROCK, CESAR IVAN
BERMEO, and KRIS TRUCKING CORP of the crime of CRIMINAL MISCHIEF IN THE
the 7th day of May, 2018, and the 11th day of May, 2018, in the County of Suffolk, State of New
amount exceeding one thousand five hundred dollars, to wit: 15 Prospect Street, Smithtown.
32.

BERMEO, and KRIS TRUCKING CORP of the crime of ENDANGERING PUBLIC HEALTH,
SAFETY OR THE ENVIRONMENT IN THE THIRD DEGREE, in violation of Section
71-2712(1) of the Environmental Conservation Law of the State of New York committed as
follows:
the 7th day of May, 2018, and the 11th day of May, 2018, at 15 Prospect Street, Smithtown, in the
County of Suffolk, State of New York, did recklessly engage in conduct which caused the release
of a substance acutely hazardous to public health, safety or the environment, to wit: Heptachlor.
33.

BERMEO, and KRIS TRUCKING CORP. of the crime of ENDANGERING PUBLIC HEALTH,
SAFETY OR THE ENVIRONMENT IN THE FOURTH DEGREE, in violation of Section
follows:
the 7th day of May, 2018, and the 11th day of May, 2018, at 15 Prospect Street, Smithtown, in the
34.
BERMEO, and KRIS TRUCKING CORP of the crime of OPERATING A SOLID WASTE
MANAGEMENT FACILITY WITHOUT A PERMIT in violation of Section 71-2703(2)(b)(i) of
the Environmental Conservation Law of the State of New York committed as follows:
the7th day of May, 2018, and the 11th day of May, 2018, in the County of Suffolk, State of New
thereto, by commencing operation of a new solid waste management facility at 15 Prospect
Street, Smithtown, New York, County of Suffolk, without having obtained a permit from the
New York State Department of Environmental Conservation, and thereby caused or attempted to
cause the release of more than ten (10) cubic yards of solid waste into the environment.
35.

the7thday of May, 2018, and the 26th day of May, 2018, in the County of Suffolk, State of New
amount exceeding one thousand five hundred dollars, to wit: 541 South Ocean Avenue,
Patchogue.
36.

follows:
the7th day of May, 2018, and the 26th day of May, 2018, at 541 South Ocean Avenue, Patchogue
in the County of Suffolk, State of New York, did recklessly engage in conduct which caused the
release of a substance hazardous to public health, safety or the environment.
37.

MANAGEMENT FACILITY WITHOUT A PERMIT in violation of Section 71-2703(2)(c)(i) of
thereto, by commencing operation of a new solid waste management facility at 541 South Ocean
Avenue, Patchogue, New York, County of Suffolk, without having obtained a permit from the
cause the release of more than seventy (70) cubic yards of solid waste into the environment.
38.

further accuses the defendant CARLOS MELGAR of the crime of CRIMINAL FACILITATION
IN THE FOURTH DEGREE, in violation of Section 115.00(1) of the Penal Law of the State of
The defendant, CARLOS MELGAR, on or about and between the 7th day of May, 2018,
and the 26th day of May, 2018, in the County of Suffolk, State of New York, believing it was
probable that he was rendering aid to a person or persons who intended to commit a crime,
engaged in conduct which provided such person or person with means or opportunity for the
commission thereof and which in fact aided such person to commit a felony.
39.

MELGAR, IEV TRUCKING CORP, D.J.C.I. ENTERPRISES LLC, CESAR IVAN BERMEO,
and KRIS TRUCKING CORP. of the crime of CRIMINAL MISCHIEF IN THE SECOND
DEGREE, in violation of Section 145.10 of the Penal Law of the State of New York committed
as follows:
the10thday of May, 2018, and the 25th day of May, 2018, in the County of Nassau, State of New
amount exceeding one thousand five hundred dollars, to wit: 992 Prospect Avenue, Westbury.
40.

MELGAR, IEV TRUCKING CORP., D.J.C.I. ENTERPRISES LLC, CESAR IVAN BERMEO,
and KRIS TRUCKING CORP. of the crime of OPERATING A SOLID WASTE
the10th day of May, 2018, and the 25th day of May, 2018, in the County of Nassau, State of New
thereto, by commencing operation of a new solid waste management facility at 992 Prospect
Avenue, Westbury, New York, County of Nassau, without having obtained a permit from the
cause the release of more than seventy (70) cubic yards of solid waste into the environment.
41.

MELGAR and IEV TRUCKING CORP of the crime of CRIMINAL MISCHIEF IN THE
May, 2018, in the County of Suffolk, State of New York, with the intent to damage property of
another person, and having no right to do so nor any reasonable belief that they had such right,
did damage the property of another person in an amount exceeding one thousand five hundred
dollars, to wit: 945 South Country Road, Bellport.
42.

Said defendant, acting in concert with others, on or about the 14th day of May, 2018, in
the County of Suffolk, State of New York, having no right to do so nor any reasonable belief that
it had such right, did recklessly damage the property of another person in an amount exceeding
two hundred fifty dollars, to wit: 945 South Country Road, Bellport.
43.

further accuses the defendant ANTHONY GRAZIO AKA ROCCO AKA ROCK, CARLOS
IN THE FIRST DEGREE in violation of Section 175.10 of the Penal Law, committed as follows:
May, 2018, in the County of Suffolk, State of New York, and elsewhere, with the intent to
44.

MELGAR and IEV TRUCKING CORP of the crime of ENDANGERING PUBLIC HEALTH,
follows:
May, 2018, at 945 South Country Road, Bellport, in the County of Suffolk, State of New York,
did recklessly engage in conduct which caused the release of a substance hazardous to public
health, safety or the environment.
45.

MELGAR, IEV TRUCKING CORP and DURANTE BROS. CONSTRUCTION CORP. of the
crime of OPERATING A SOLID WASTE MANAGEMENT FACILITY WITHOUT A PERMIT
in violation of Section 71-2703(2)(c)(i) of the Environmental Conservation Law of the State of
May, 2018, in the County of Suffolk, State of New York, did recklessly violate a provision of and
failed to perform a duty imposed by Title 7 of Article 27 of the Environmental Conservation
Law, or a rule or regulation promulgated pursuant thereto, by commencing operation of a new
solid waste management facility at 945 South Country Road, Bellport, New York, County of
Suffolk, without having obtained a permit from the New York State Department of
seventy (70) cubic yards of solid waste into the environment.
46.

MELGAR, IEV TRUCKING CORP, and D.J.C.I. ENTERPRISES, LLC, of the crime of
the 15th day of May, 2018, and the 17th day of May, 2018, in the County of Suffolk, State of New
amount exceeding one thousand five hundred dollars, to wit: 230 Landing Lane, Greenport, New
47.

May, 2018, and the 17th day of May, 2018, in the County of Suffolk, State of New York, having
no right to do so nor any reasonable belief that it had such right, did recklessly damage the
property of another person in an amount exceeding two hundred fifty dollars, to wit: 230
Landing Lane, Greenport, New York, County of Suffolk.
48.

IN THE FIRST DEGREE in violation of Section 175.10 of the Penal Law, committed as follows:
May, 2018, in the County of Suffolk and elsewhere, State of New York, with the intent to
49.

IN THE FIRST DEGREE in violation of PENAL LAW Section 175.10, committed as follows:
50.

MELGAR, IEV TRUCKING CORP, D.J.C.I ENTERPRISES LLC and DURANTE BROS.
CONSTRUCTION CORP. of the crime of ENDANGERING PUBLIC HEALTH, SAFETY OR
THE ENVIRONMENT IN THE FOURTH DEGREE, in violation of Section 71-2711(3) of the
the15th day of May, 2018, and the 17th day of May, 2018, at 230 Landing Lane, Greenport, in the
51.

further accuses the defendants ANTHONY GRAZIO AKA ROCCO AKA ROCK, DURANTE
BROS. CONSTRUCTION CORP., CARLOS MELGAR, and D.J.C.I. ENTERPRISES LLC of
the crime of OPERATING A SOLID WASTE MANAGEMENT FACILITY WITHOUT A
solid waste management facility at 3968 Middle Country Road, Calverton, New York, County of
52.

BROS. CONSTRUCTION CORP., CARLOS MELGAR, and IEV TRUCKING CORP, of the
in violation of Section 71-2703(2)(c)(i) of the Environmental Conservation Law of the State of
thereto, by commencing operation of a new solid waste management facility at 230 Landing
Lane, Greenport, New York, County of Suffolk, without having obtained a permit from the New
53.

BROS. CONSTRUCTION CORP., CARLOS MELGAR, and D.J.C.I. ENTERPRISES LLC of
the crime of OPERATING A SOLID WASTE MANAGEMENT FACILITY WITHOUT A
solid waste management facility at 230 Landing Lane, Greenport, New York, County of Suffolk,
without having obtained a permit from the New York State Department of Environmental
Conservation, and thereby caused or attempted to cause the release of more than ten (10) cubic
yards of solid waste into the environment.
54.

MELGAR, IEV TRUCKING CORP, and D.J.C.I. ENTERPRISES LLC of the crime of
amount exceeding one thousand five hundred dollars, to wit: 10 Blackwatch Court,
Southampton.
55.

Said defendant, acting in concert with others, on or about and in between the 16th day of
May, 2018 and the 30th day of May, at 10 Blackwatch Court, Southampton in the County of
substance acutely hazardous to public health, safety or the environment, to wit: Heptachlor.
56.

violation of Section 71-2703(2)(c)(i) of the Environmental Conservation Law of the State of
May, 2018, and the 30th day of May, 2018, in the County of Suffolk, State of New York, did
commencing operation of a new solid waste management facility at 10 Blackwatch Court,
Southampton, New York, County of Suffolk, without having obtained a permit from the New
57.

further accuses the defendants CARLOS MELGAR, IEV TRUCKING CORP, and D.J.C.I.
ENTERPRISES LLC of the crime of OPERATING A SOLID WASTE MANAGEMENT
FACILITY WITHOUT A PERMIT in violation of Section 71-2703(2)(b)(i) of the Environmental
solid waste management facility at 10 Blackwatch Court, Southampton, New York, County of
58.

BERMEO and KRIS TRUCKING CORP of the crime of CRIMINAL MISCHIEF IN THE
amount exceeding one thousand five hundred dollars, to wit: 10 Blackwatch Court,
Southampton.
59.

BERMEO and KRIS TRUCKING CORP of the crime of ENDANGERING PUBLIC HEALTH,
follows:
May, 2018, at 10 Blackwatch Court, Southampton, in the County of Suffolk, State of New York,
did recklessly engage in conduct which caused the release of a substance acutely hazardous to
public health, safety or the environment, to wit: Dieldrin.
60.

further accuses the defendants CESAR IVAN BERMEO and KRIS TRUCKING CORP, of the
in violation of Section 71-2703(2)(b)(i) of the Environmental Conservation Law of the State of
Said defendants, acting in concert with each other and others, on or about May 25, 2018,
management facility at 10 Blackwatch Court, Southampton, New York, County of Suffolk,
61.

further accuses the defendant EDGAR MERA of the crime of TRANSPORTATION OF SOLID
WASTE WITHOUT AUTHORIZATION in violation of Section 71-2703(2)(b)(i) of the
Said defendant, on or about 25th day of May, 2018, in the County of Suffolk, State of
pursuant thereto, by transporting solid waste to 10 Blackwatch Court, Southampton, New York,
62.

further accuses the defendant FELICIANO CRUZ of the crime of TRANSPORTATION OF
Said defendant, on or about 25th day of May, 2018, in the County of Suffolk, State of
pursuant thereto, by transporting solid waste to 10 Blackwatch Court, Southampton, New York,
63.

further accuses the defendant EDGAR MERA of the crime of CRIMINAL FACILITATION IN
THE FOURTH DEGREE, in violation of Section 115.00(1) of the Penal Law of the State of New
Said defendant, on or about and between the 17th day of May, 2018, and the 30th day of
May, 2018, in the County of Suffolk, State of New York, believing it was probable that he was
rendering aid to a person or persons who intended to commit a crime, engaged in conduct which
provided such person or persons with means or opportunity for the commission thereof and
which in fact aided such person to commit a felony.
64.

further accuses the defendant FELICIANO CRUZ of the crime of CRIMINAL FACILITATION
Said defendant, on or about and between the 17th day of May, 2018, and the 30th day of
rendering aid to person or persons who intended to commit a crime, engaged in conduct which
65.

BERMEO and KRIS TRUCKING CORP of the crime of CRIMINAL MISCHIEF IN THE
the20thday of May, 2018, and the 31st day of May, 2018, in the County of Suffolk, State of New
amount exceeding one thousand five hundred dollars, to wit: 101 Summerfield Drive, Holtsville
66.

BERMEO and KRIS TRUCKING CORP of the crime of ENDANGERING PUBLIC HEALTH,
follows:
the20th day of May, 2018, and the 31st day of May, 2018, at 101 Summerfield Drive, Holtsville,
in the County of Suffolk, State of New York, did recklessly engage in conduct which caused the
67.

MANAGEMENT FACILITY WITHOUT A PERMIT in violation of Section 71-2703(2)(b)(i) of
the 20th day of May, 2018, and the 31st day of May, 2018, in the County of Suffolk, State of New
thereto, by commencing operation of a new solid waste management facility at 101 Summerfield
Drive, Holtsville, New York, County of Suffolk, without having obtained a permit from the New
the release of more than ten (10) cubic yards of solid waste into the environment.
68.

PERRUZZA, CESAR IVAN BERMEO, and KRIS TRUCKING CORP. of the crime of
the21stday of May, 2018, and the 31st day of May, 2018, in the County of Suffolk, State of New
amount exceeding one thousand five hundred dollars, to wit: 79 Seymour Lane, Medford.
69.

PERRUZZA, CESAR IVAN BERMEO, and KRIS TRUCKING CORP of the crime of
violation of Section 71-2703(2)(c)(i) of the Environmental Conservation Law of the State of
the 29th day of May, 2018, and the 31st day of May, 2018, in the County of Suffolk, State of New
thereto, by commencing operation of a new solid waste management facility at 79 Seymour
Lane, Medford, New York, County of Suffolk, without having obtained a permit from the New
70.

further accuses the defendant ALEX BERMEO-BAJANA of the crime of TRANSPORTATION
OF SOLID WASTE WITHOUT AUTHORIZATION in violation of Section 71-2703(2)(b)(i) of
Said defendant, on or about and between the 29th day of May, 2018, and the 31st day of
Law, or a rule or regulation promulgated pursuant thereto, by transporting solid waste to 79
Seymour Lane, Medford, New York, County of Suffolk, without having authorization from the
New York State Department of Environmental Conservation to do so, and thereby caused or
attempted to cause the release of more than ten (10) cubic yards of solid waste into the
environment.
71.

further accuses the defendant ALEX BERMEO-BAJANA of the crime of CRIMINAL
FACILITATION IN THE FOURTH DEGREE, in violation of Section 115.00(1) of the Penal
Said defendant, on or about and between the 29th day of May, 2018, and the 31st day of
72.

PERRUZZA, MILAN PARIK and STARFIRE INDUSTRIES INC, D/B/A PLATINUM
AGGREGATES, INC, of the crime of CRIMINAL MISCHIEF IN THE SECOND DEGREE, in
violation of Section 145.10 of the Penal Law of the State of New York committed as follows:
Said defendants, acting in concert with each other and others, on or about the 23rd day of
May, 2018, in the County of Suffolk, State of New York, with the intent to damage property of
dollars, to wit: 587 Shore Drive, Oakdale.
73.

Said defendant, acting in concert with others, on or about the 23rd day of May, 2018, in
the County of Suffolk, State of New York, having no right to do so nor any reasonable belief that
it had such right, did recklessly damage the property of another person in an amount exceeding
two hundred fifty dollars, to wit: 587 Shore Drive, Oakdale.
74.

further accuses the defendant ANTHONY GRAZIO AKA ROCCO AKA ROCK, MILAN
PARIK, and STARFIRE INDUSTRIES INC, D/B/A PLATINUM AGGREGATES, INC, of the
crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE in violation of
Section 175.10 of the Penal Law of the State of New York, committed as follows:
75.

AGGREGATES, INC, of the crime of ENDANGERING PUBLIC HEALTH, SAFETY OR THE
ENVIRONMENT IN THE FOURTH DEGREE, in violation of Section 71-2711(3) of the
Said defendants, acting in concert with each other, on or about the 23rd day of May, 2018,
at 587 Shore Drive, Oakdale, in the County of Suffolk, State of New York, did recklessly engage
in conduct which caused the release of a substance hazardous to public health, safety or the
environment.
76.

AGGREGATES, INC of the crime of OPERATING A SOLID WASTE MANAGEMENT
solid waste management facility at 587 Shore Drive, Oakdale, New York, County of Suffolk,
Conservation, and thereby caused or attempted to cause the release of more than seventy (70)
cubic yards of solid waste into the environment.
77.
Said defendant, acting in concert with others, on or about the 23rd day of May, 2018, in
the County of Suffolk, State of New York, did recklessly violate a provision of and failed to
management facility at 587 Shore Drive, Oakdale, New York, County of Suffolk, without having
obtained a permit from the New York State Department of Environmental Conservation, and
thereby caused or attempted to cause the release of more than ten (10) cubic yards of solid waste
into the environment.
78.

amount exceeding one thousand five hundred dollars, to wit: 306 Flanders Road, Riverhead.
79.

follows:
the29th day of May, 2018, and the 30th day of May, 2018, at 306 Flanders Road, Riverhead, in
the County of Suffolk, State of New York, did recklessly engage in conduct which caused the
release of a substance acutely hazardous to public health, safety or the environment, to wit:
Dieldrin.
80.

follows:
release of a substance acutely hazardous to public health, safety or the environment, to wit:
Heptachlor.
81.

follows:
82.

BERMEO, and KRIS TRUCKING CORP. of the crime of OPERATING A SOLID WASTE
MANAGEMENT FACILITY WITHOUT A PERMIT in violation Section 71-2703(2)(b)(i) of
thereto, by commencing operation of a new solid waste management facility at 306 Flanders
Road, in Riverhead, New York, County of Suffolk, without having obtained a permit from the
83.

the3rd day of June, 2018, and the 4th day of June, 2018, in the County of Suffolk, State of New
amount exceeding one thousand five hundred dollars, to wit: 122 South Penataquit Avenue, Bay
Shore.
84.

BERMEO, and KRIS TRUCKING CORP. of the crime of ATTEMPTED CRIMINAL
MISCHIEF IN THE SECOND DEGREE, in violation of Section 110-145.10 of the Penal Law of
the State of New York committed as follows:
Said defendants, acting in concert with each other, on or about and between the 3rd day of
June, 2018, and the 4th day of June, 2018, in the County of Suffolk, State of New York, with the
intent to damage property of another person, and having no right to do so nor any reasonable
belief that they had such right, did attempt to damage the property of another person in an
amount exceeding one thousand five hundred dollars, to wit: 122 South Penataquit Avenue, Bay
Shore.
85.

BERMEO, and KRIS TRUCKING CORP. of the crime of OPERATING A SOLID WASTE
the3rd day of June, 2018, and the 4th day of June, 2018, in the County of Nassau, State of New
thereto, by commencing operation of a new solid waste management facility at 122 South
Penataquit Avenue, Bay Shore, New York, County of Suffolk, without having obtained a permit
environment.
86.

further accuses the defendant JOSE ADAMEZ of the crime of TRANSPORTATION OF SOLID
WASTE WITHOUT AUTHORIZATION in violation of Section 71-2703(2)(b)(i) of the
pursuant thereto, by transporting solid waste to 122 South Penataquit Avenue, Bay Shore, New
York, County of Suffolk, without having authorization from the New York State Department of
87.

further accuses the defendant YASMAEL NUNEZ of the crime of TRANSPORTATION OF
Environmental Conservation Law of the State of New York committed as follows
88.

further accuses the defendant FELICIANO CRUZ of the crime of TRANSPORTATION OF
89.

further accuses the defendant ANGEL CORNEJO of the crime of TRANSPORTATION OF
90.

further accuses the defendant FAUSTO DE LOS SANTOS of the crime of TRANSPORTATION
91.
further accuses the defendant JOSE ADAMEZ of the crime of CRIMINAL FACILITATION IN
THE FOURTH DEGREE, in violation of Section 115.00(1) of the Penal Law of the State of New
New York, believing it was probable that he was rendering aid to a person or persons who
intended to commit a crime, engaged in conduct which provided such person or persons with
means or opportunity for the commission thereof and which in fact aided such person to commit
a felony.
92.

further accuses the defendant YASMAEL NUNEZ of the crime of CRIMINAL FACILITATION
a felony.
93.

further accuses the defendant FELICIANO CRUZ of the crime of CRIMINAL FACILITATION
a felony.
94.

further accuses the defendant ANGEL CORNEJO of the crime of CRIMINAL FACILITATION
a felony.
95.

further accuses the defendant FAUSTO DE LOS SANTOS of the crime of CRIMINAL
a felony.
96.

further accuses the defendants CARLOS MELGAR and D.J.C.I. ENTEPRISES INC. of the
crime of CRIMINAL MISCHIEF IN THE SECOND DEGREE, in violation of Section 145.10 of
the Penal Law of the State of New York committed as follows:
June, 2018, in the County of Suffolk, State of New York, with the intent to damage property of
dollars, to wit: 73 Horseblock Road, Bellport.
97.

further accuses the defendants CARLOS MELGAR and D.J.C.I. ENTEPRISES INC. of the
crime of ENDANGERING PUBLIC HEALTH, SAFETY OR THE ENVIRONMENT IN THE
FOURTH DEGREE, in violation of Section 71-2711(3) of the Environmental Conservation Law
of the State of New York committed as follows:
June, 2018, at 73 Horseblock Road, Bellport, in the County of Suffolk, State of New York, did
recklessly engage in conduct which caused the release of a substance hazardous to public health,
safety or the environment.
98.

further accuses the defendants CARLOS MELGAR and D.J.C.I. ENTEPRISES INC of the crime
of OPERATING A SOLID WASTE MANAGEMENT FACILITY WITHOUT A PERMIT in
Said defendants, acting in concert with each other and others, on or about on or about the
7th day of June, 2018, in the County of Suffolk, State of New York, did recklessly violate a
provision of and failed to perform a duty imposed by Title 7 of Article 27 of the Environmental
Conservation Law, or a rule or regulation promulgated pursuant thereto, by commencing
operation of a new solid waste management facility at 73 Horseblock Road, Bellport, New York,
County of Suffolk, without having obtained a permit from the New York State Department of
99.

further accuses the defendant STEVEN NUNEZ GENAO of the crime of TRANSPORTATION
of Article 27 of the Environmental Conservation Law, or a rule and regulation promulgated
Horseblock Road, Bellport, New York, County of Suffolk, without having authorization from the
100.

further accuses the defendant STEPHEN NUNEZ GENAO of the crime of CRIMINAL
a felony.
101.

further accuses the defendants DURANTE BROS. CONSTRUCTION CORP., CARLOS
MELGAR, IEV TRUCKING CORP and D.J.C.I. ENTEPRISES INC of the crime of
June, 2018, in the County of Suffolk, State of New York, did recklessly violate a provision of and
solid waste management facility at 3968 Middle Country Road, Calverton, New York, County of
102.

further accuses the defendant WILLIAM ROMERO of the crime of TRANSPORTATION OF
pursuant thereto, by transporting solid waste to 3968 Middle Country Road, Calverton, New
Environmental Conservation to do so, and thereby caused or attempted to cause the release of
more than ten (10) cubic yards of solid waste into the environment.
103.

further accuses the defendant ALIX APARICIO GOMEZ of the crime of TRANSPORTATION
of Article 27 of the Environmental Conservation Law, or a rule and regulation promulgated
pursuant thereto, by transporting solid waste to 3968 Middle Country Road, Calverton, New
Environmental Conservation to do so, and thereby caused or attempted to cause the release of
more than ten (10) cubic yards of solid waste into the environment.
104.

further accuses the defendant WILLIAM ROMERO of the crime of FALSIFYING BUSINESS
RECORDS IN THE FIRST DEGREE in violation of Section 175.10 of the Penal Law of the
State of New York, committed as follows:
New York, with the intent to defraud, including the intent to commit another crime or to aid or
conceal the commission thereof, made or caused a false entry in the business records of an
enterprise.
105.

further accuses the defendant ALIX APARICIO GOMEZ of the crime of FALSIFYING
BUSINESS RECORDS IN THE FIRST DEGREE in violation of Section 175.10 of the Penal
Law of the State of, committed as follows:
enterprise.
106.

further accuses the defendants MILAN PARIK and STARFIRE INDUSTRIES INC, D/B/A
PLATINUM AGGREGATES, INC, of the crime of ATTEMPTED CRIMINAL MISCHIEF IN
THE SECOND DEGREE, in violation of Section 110-145.10 of the Penal Law of the State of
did attempt to damage the property of another person in an amount exceeding one thousand five
hundred dollars, to wit: 110 Frowein Road, Center Moriches.
107.
further accuses the defendant MILAN PARIK and STARFIRE INDUSTRIES INC, D/B/A
PLATINUM AGGREGATES, INC, of the crime of FALSIFYING BUSINESS RECORDS IN
THE FIRST DEGREE in violation of Section 175.10 of the Penal Law of the State of New York,
Said defendants, acting in concert with each other, on or about the 9th day of June, 2018,
in the County of Suffolk, State of New York, with the intent to defraud, including the intent to
commit another crime or to aid or conceal the commission thereof, made or caused a false entry
in the business records of an enterprise, to wit: Durante Bros. Construction Corp. ticket 953956.
108.

Said defendants, while acting in concert with each other, on or about the 9th day of June,
2018, in the County of Suffolk, State of New York, with the intent to defraud, including the
intent to commit another crime or to aid or conceal the commission thereof, made or caused a
false entry in the business records of an enterprise, to wit: Durante Bros. Construction Corp.
ticket numbered 953965.
109.

Said defendants, on or about the 9th day of June, 2018, in the County of Suffolk, State of
enterprise, to wit: Durante Bros. Construction Corp. ticket dated June 9, 2018, and issued to
60558MT.
110.

further accuses the defendants MILAN PARIK and STARFIRE INDUSTRIES INC, D/B/A
PLATINUM AGGREGATES, INC of the crime of TRANSPORTATION OF SOLID WASTE
WITHOUT AUTHORIZATION in violation of Section 71-2703(2)(c)(i) of the Environmental
Law, or a rule or regulation promulgated pursuant thereto, by transporting solid waste to at 110
Frowein Road, Center Moriches, New York, County of Suffolk, without having authorization
environment.
111.

further accuses the defendant WILFRED TORRES of the crime of TRANSPORTATION OF
The defendant, WILFRED TORRES, while acting in concert with others, on or about the
9th day of June, 2018, and the 4th day of June, 2018, in the County of Suffolk, State of New York,
did recklessly violate a provision of and failed to perform a duty imposed by Title 3 of Article 27
of the Environmental Conservation Law, or a rule or regulation promulgated pursuant thereto, by
transporting solid waste to 110 Frowein Road, Center Moriches, New York, County of Suffolk,
112.

further accuses the defendant WILFRED TORRES of the crime of CRIMINAL FACILITATION
The defendants, WILFRED TORRES, on or about the 9th day of June, 2018, in the
County of Suffolk, State of New York, believing it was probable that he was rendering aid to a
person or persons who intended to commit a crime, engaged in conduct which provided such
person or persons with means or opportunity for the commission thereof and which in fact aided
such person to commit a felony.
113.

further accuses the defendants FRANK ROTONDO and MODERN LEASING, INC, D/B/A
DUMPMASTERS of the crime of CRIMINAL MISCHIEF IN THE SECOND DEGREE, in
June, 2018, in the County of Nassau, State of New York, with the intent to damage property of
dollars, to wit: the Roslyn Heights Elementary School located at 240 Willow Street, Roslyn
Heights.
114.

further accuses the defendants FRANK ROTONDO and MODERN LEASING, INC, D/B/A
DUMPMASTERS of the crime of OPERATING A SOLID WASTE MANAGEMENT
FACILITY WITHOUT A PERMIT in violation of Section 71-2703(2)(b)(i) of the Environmental
Said defendants, while acting in concert with each other and others, on or about the 11th
day of June, 2018, in the County of Nassau, State of New York, did recklessly violate a provision
of and failed to perform a duty imposed by Title 7 of Article 27 of the Environmental
Conservation Law, or a rule or regulation promulgated pursuant thereto, by commencing
operation of a new solid waste management facility at 240 Willow Street, Roslyn Heights, New
York, County of Nassau, without having obtained a permit from the New York State Department
of Environmental Conservation, and thereby caused or attempted to cause the release of more
than ten (10) cubic yards of solid waste into the environment.
115.

further accuses the defendant JAMES WILLIAMS AKA MITCH of the crime of
TRANSPORTATION OF SOLID WASTE WITHOUT AUTHORIZATION in violation of
Section 71-2703(2)(b)(i) of the Environmental Conservation Law of the State of New York
Said defendant, on or about the 11th day of June, 2018, in the County of Nassau, State of
pursuant thereto, by transporting solid waste to 240 Willow Street, Roslyn Heights, New York,
County of Nassau, New York, without having obtained a permit from the New York State
116.

further accuses the defendant JAMES WILLIAMS AKA MITCH of the crime of CRIMINAL
a felony. To wit: Criminal Mischief in the Second Degree
117.

further accuses the defendants ANTHONY GRAZIO AKA ROCCO AKA ROCK, THOMAS ST.
CLAIR, and CLAIRCO INDUSTRIES d/b/a ST. CLAIR TRUCKING of the crime of
the11thday of June, 2018, and the 12th day of June, 2018, in the County of Suffolk, State of New
amount exceeding one thousand five hundred dollars, to wit: 17 Curtis Drive, Sound Beach.
118.

the 11th day of June, 2018, and the 12th day of June, 2018, at 17 Curtis Drive, Sound Beach, in
119.

the11th day of June, 2018, and 12th day of June, 2018, in the County of Suffolk, State of New
thereto, by commencing operation of a new solid waste management facility at 17 Curtis Drive,
Sound Beach, in the County of Suffolk, New York, County of Suffolk, without having obtained a
permit from the New York State Department of Environmental Conservation, and thereby caused
or attempted to cause the release of more than ten (10) cubic yards of solid waste into the
environment.
120.

further accuses the defendant JOSEPH LAMBERTA of the crime of TRANSPORTATION OF
Said defendant, on or about and between the 11th day of June, 2018, and the 12th day of
Law, or a rule or regulation promulgated pursuant thereto, by transporting solid waste to 17
Curtis Drive, Sound Beach, in the County of Suffolk, New York without having authorization
environment.
121.
further accuses the defendant JOSEPH LAMBERTA of the crime of CRIMINAL
Said defendant, on or about and between the 11th day of June, 2018, and the 12th day of
June, 2018, in the County of Suffolk, State of New York, believing it was probable that he was
122.

CLAIR, CLAIRCO INDUSTRIES d/b/a ST. CLAIR TRUCKING and JOSEPH LAMBERTA of
the crime of ATTEMPTED CRIMINAL MISCHIEF IN THE SECOND DEGREE, in violation
of Section 110-145.10 of the Penal Law of the State of New York committed as follows:
did attempt to damage the property of another person in an amount exceeding one thousand five
hundred dollars, to wit: 7 Locust Avenue, Setauket.
123.

CLAIR, CLAIRCO INDUSTRIES d/b/a ST. CLAIR TRUCKING, and JOSEPH LAMBERTA of
the crime of TRANSPORTATION OF SOLID WASTE WITHOUT AUTHORIZATION in
Law, and a rule and regulation promulgated pursuant thereto, by transporting solid waste to 7
Locust Avenue, Setauket, in the County of Suffolk, New York without having authorization from
the New York State Department of Environmental Conservation, and thereby caused or
environment.
124.
further accuses the defendants THOMAS ST. CLAIR and CLAIRCO INDUSTRIES d/b/a ST.
CLAIR TRUCKING of the crime of CRIMINAL MISCHIEF IN THE SECOND DEGREE, in
dollars, to wit: 1230 Station Road, Medford.
125.

CLAIR TRUCKING, of the crime of ENDANGERING PUBLIC HEALTH, SAFETY OR THE
ENVIRONMENT IN THE FOURTH DEGREE, in violation of Section 71-2711(3) of the
June, 2018, at 1230 Station Road, Medford, in the County of Suffolk, State of New York, did
recklessly engage in conduct which caused the release of a substance hazardous to public health,
safety or the environment.
126.

CLAIR TRUCKING, of the crime of OPERATING A SOLID WASTE MANAGEMENT
Said defendants, acting in concert with each other, on or about the 12th day of June, 2018,
management facility at 1230 Station Road, Medford, New York, County of Suffolk, without
having obtained a permit from the New York State Department of Environmental Conservation,
and thereby attempted to cause the release of more than seventy (70) cubic yards of solid waste
into the environment.
127.

further accuses the defendant JOSEPH LAMBERTA of the crime of CRIMINAL
a felony.
128.

The defendant, ANTHONY GRAZIO AKA ROCCO AKA ROCK, acting in concert with
others, on or about 29th day of June, 2018, at 6 Saddle Lane, Nissequogue, in the County of
substance hazardous to public health, safety or the environment, to wit: Dieldrin
129.

further accuses the defendants ANTHONY GRAZIO AKA ROCCO AKA ROCK and ROBERT
HIRSCH of the crime of OPERATING A SOLID WASTE MANAGEMENT FACILITY
WITHOUT A PERMIT in violation of Section 71-2703(2)(b)(i) of the Environmental
solid waste management facility at 6 Saddle Lane, Nissequogue, New York, County of Suffolk,
130.
further accuses the defendant ROBERT HIRSCH of the crime of CRIMINAL FACILITATION
The defendants, ROBERT HIRSCH, on or about and between the 11th day of June, 2018,
and the 12th day of June, 2018, in the County of Suffolk, State of New York, believing it was
probable that he was rendering aid to a person who intended to commit a crime, engaged in
conduct which provided such person with means or opportunity for the commission thereof and
which in fact aided such person to commit a felony. To wit: Endangering Health, Safety or the
Environment in the Third Degree.

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Operation Pay Dirt Indictment

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SUPREME COURT : COUNTY OF SUFFOLK

THE PEOPLE OF THE STATE OF NEW YORK

EF COUNT TWO ENDANGERING PUBLIC HEALTH, SAFETY OR

EF COUNT THREE ENDANGERING PUBLIC HEALTH, SAFETY OR

AM COUNT FOUR ENDANGERING PUBLIC HEALTH, SAFETY OR

AM COUNT FIVE OPERATING A SOLID WASTE MANAGEMENT

DF COUNT SIX CRIMINAL MISCHIEF IN THE SECOND

AM COUNT SEVEN ENDANGERING PUBLIC HEALTH, SAFETY OR

AM COUNT EIGHT OPERATING A SOLID WASTE MANAGEMENT

BM COUNT NINE OPERATING A SOLID WASTE MANAGEMENT

BM COUNT TEN TRANSPORTING SOLID WASTE WITHOUT

BM COUNT TWELVE TRANSPORTING SOLID WASTE WITHOUT

AM COUNT THIRTEEN CRIMINAL FACILITATION IN THE FOURTH

AM COUNT FOURTEEN CRIMINAL FACILITATION IN THE FOURTH

AM COUNT FIFTEEN CRIMINAL FACILITATION IN THE FOURTH

AM COUNT SIXTEEN CRIMINAL FACILITATION IN THE FOURTH

V COUNT SEVENTEEN UNLAWFULLY POSTING ADVERTISEMENT

DF COUNT EIGHTEEN CRIMINAL MISCHIEF IN THE SECOND

BVF COUNT NINETEEN ENDANGERING PUBLIC HEALTH, SAFETY OR

BM COUNT TWENTY OPERATING A SOLID WASTE MANAGEMENT

DF COUNT TWENTY-ONE CRIMINAL MISCHIEF IN THE SECOND

EF COUNT TWENTY-THREE FALSIFYING BUSINESS RECORDS IN THE

EF COUNT TWENTY-FOUR ENDANGERING PUBLIC HEALTH, SAFETY OR

AM COUNT TWENTY-FIVE ENDANGERING PUBLIC HEALTH, SAFETY OR

AM COUNT TWENTY-SIX OPERATING A SOLID WASTE MANAGEMENT

BM COUNT TWENTY-SEVEN OPERATING A SOLID WASTE MANAGEMENT

DF COUNT TWENTY-EIGHT CRIMINAL MISCHIEF IN THE SECOND

AM COUNT TWENTY-NINE ENDANGERING PUBLIC HEALTH, SAFETY OR

BM COUNT THIRTY OPERATING A SOLID WASTE MANAGEMENT

DF COUNT THIRTY-ONE CRIMINAL MISCHIEF IN THE SECOND

EF COUNT THIRTY-TWO ENDANGERING PUBLIC HEALTH, SAFETY OR

BM COUNT THIRTY-FOUR OPERATING A SOLID WASTE MANAGEMENT

DF COUNT THIRTY-FIVE CRIMINAL MISCHIEF IN THE SECOND

AM COUNT THIRTY-SIX ENDANGERING PUBLIC HEALTH, SAFETY OR

AM COUNT THIRTY-SEVEN OPERATING A SOLID WASTE MANAGEMENT

AM COUNT THIRTY-EIGHT CRIMINAL FACILITATION IN THE FOURTH

DF COUNT THIRTY-NINE CRIMINAL MISCHIEF IN THE SECOND

AM COUNT FORTY OPERATING A SOLID WASTE MANAGEMENT

DF COUNT FORTY-ONE CRIMINAL MISCHIEF IN THE SECOND

AM COUNT FORTY-TWO CRIMINAL MISCHIEF IN THE FOURTH

EF COUNT FORTY-FOUR ENDANGERING PUBLIC HEALTH, SAFETY OR

AM COUNT FORTY-FIVE OPERATING A SOLID WASTE MANAGEMENT

DF COUNT FORTY-SIX CRIMINAL MISCHIEF IN THE SECOND

AM COUNT FORTY-SEVEN CRIMINAL MISCHIEF IN THE FOURTH

EF COUNT FORTY-EIGHT FALSIFYING BUSINESS RECORDS IN THE

EF COUNT FORTY-NINE FALSIFYING BUSINESS RECORDS IN THE

AM COUNT FIFTY ENDANGERING PUBLIC HEALTH, SAFETY OR

BM COUNT FIFTY-ONE OPERATING A SOLID WASTE MANAGEMENT

AM COUNT FIFTY-TWO OPERATING A SOLID WASTE MANAGEMENT

DF COUNT FIFTY-FOUR CRIMINAL MISCHIEF IN THE SECOND

EF COUNT FIFTY-FIVE ENDANGERING PUBLIC HEALTH, SAFETY OR

AM COUNT FIFTY-SIX OPERATING A SOLID WASTE MANAGEMENT

BM COUNT FIFTY-SEVEN OPERATING A SOLID WASTE MANAGEMENT

DF COUNT FIFTY-EIGHT CRIMINAL MISCHIEF IN THE SECOND

EF COUNT FIFTY-NINE ENDANGERING PUBLIC HEALTH, SAFETY OR

BM COUNT SIXTY OPERATING A SOLID WASTE MANAGEMENT

BM COUNT SIXTY-ONE TRANSPORTING SOLID WASTE WITHOUT

BM COUNT SIXTY-TWO TRANSPORTING SOLID WASTE WITHOUT

AM COUNT SIXTY-THREE CRIMINAL FACILITATION IN THE FOURTH

DF COUNT SIX TY-FIVE CRIMINAL MISCHIEF IN THE SECOND

AM COUNT SIXTY-SIX ENDANGERING PUBLIC HEALTH, SAFETY OR

BM COUNT SIXTY-SEVEN OPERATING A SOLID WASTE MANAGEMENT

DF COUNT SIX TY-EIGHT CRIMINAL MISCHIEF IN THE SECOND

AM COUNT SIXTY-NINE OPERATING A SOLID WASTE MANAGEMENT