AG Affidavit to Punish Contractor Jason Briere For Criminal Contempt. Filed 6.25.2018

FILED:
FILED : ONONDAGA
ONONDAGA COUNTY
COUNTY CLERK
CLERK 06/25/2018
11/22/2017 10:59
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PRESENT:
Honorable Gregory R. Gilbert
Justice Presiding
SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF ONONDAGA
________________________________________
THE PEOPLE OF THE STATE OF NEW YORK, by

ERIC T. SCHNEIDERMAN, Attorney General of the
State of New York,
Petitioner,
SUPPLEMENTAL
-against- AFFIRMATION IN SUPPORT
OF MOTION TO
JASON M. BRIERE, individually and PUNISH FOR CIVIL AND d/b/a
Enriched Homes & Construction and CRIMINAL CONTEMPT
formerly d/b/a as OnPointe Contracting,
Index No. 2014-1537
Respondent. RJI No. 33-14-1640
_____________________________________
For an order pursuant to Article 19 of the Judiciary Law
and CPLR § 5104 adjudging Respondent Jason Briere
in civil and criminal contempt of court.
______________________________________
JUDITH C. MALKIN, an attorney duly admitted to practice law in the State of New York,
affirms the following under the penalties of perjury:
1. I am an Assistant Attorney General in the office of Eric T. Schneiderman,
Attorney General of the State of New York [hereinafter "NYAG"], assigned to the Syracuse
Regional Office. I am familiar with the facts and circumstances of this proceeding.
2. The facts set forth in this Affirmation are based upon personal knowledge and
information contained in the files of the NYAG, Syracuse Regional Office, and are believed to
be true and correct.
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3. I submit this Supplemental Affirmation in further support of Petitioner's motion
Construction"
for an Order adjudging Respondent Jason Briere, individually and d/b/a "Under
[hereinafter "Respondent"] in criminal and civil contempt of court and inter alia punishing
Respondent by fines and incarceration pursuant to Judiciary Law §§ 751(1), 751(4), 773 and
774(1) for willfully disobeying the Consent Order and Judgment of this Court (Gilbert, H.),
Order"
signed May 2, 2014, and entered May 13, 2014 (hereinafter "2014 Consent Order"), which
disobedience has impaired, prejudiced and defeated the rights of Petitioner and other relief as
may seem just and proper to the Court.
BACKGROUND
4. On April 28, 2014, the NYAG commenced a special proceeding against
Respondent, individually and d/b/a Enriched Homes 4 Construction and f/d/b/a On Pointe
Construction, alleging that he had engaged in repeated deceptive acts and practices in the
conduct of his home improvement contracting business, as well as repeated illegality in violation
of Executive Law §63(12). S_ee Malkin Affirmation dated October 12, 2017 (hereinafter
"Malkin Aff."), ¶ 5 and Exhibit A annexed thereto.
5. On May 2, 2014, Onondaga County Supreme Court Justice Hugh Gilbert signed a
Consent Order and Judgment (2014 Consent Order) pursuant to Executive Law § 63(12), which
was entered in the County Clerk's Office on May 13, 2014. See Malkin Aff., ¶ 6 and Exhibit B,
annexed thereto. Pursuant to the 2014 Consent Order, Respondent is enjoined from engaging in
any deceptive, fraudulent or illegal business acts or practices alleged in the Petition in violation
of Executive Law § 63(12), GBL Articles 22-A and 36-A, Lien Law § 71-a, UCCA § 1813, and
PPL Article 10-A. Additionally, Respondent is enjoined from conducting or operating a home
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improvement contracting business in and from the State of New York until a $25,000
performance bond is filed with the NYAG by a surety or bonding company, licensed and
approved by the Superintendent of Insurance of the State of New York.
6. Respondent has not filed a performance bond with the NYAG. Based on
consumer complaints, the NYAG learned that Respondent is continuing to work as a home
improvement contractor and is engaging in the very same deceptive acts and practices that are
enjoined by the 2014 Consent Order. On October 29, 2017, the NYAG filed as motion seeking
an Order punishing Respondent for criminal and civil contempt. At that time, the NYAG was
aware of two consumer victims (Sherry S. and R.K.). This Court signed an Order to Show Cause
on October 19, 2017.
Complaint filed by Donald K.
7. Subsequent to the filing of the Malkin Affirmation, the NYAG obtained an
Affidavit from consumer Donald K., who contracted with Respondent in August 2015 for
substantial home improvement contracting services. Donald K. states that Respondent did not
complete the jobs he was hired to do and the work that Respondent did do was of poor quality.
Donald K. reported that Respondent left his property in an unsafe condition. See Exhibit A,
Affidavit of Donald K., annexed hereto.
8. Like Sherry S., Donald K. heard about Respondent on Thumbtack.com, an online
service that purports to match customers with local professionals, including home improvement
contractors. See Exhibit A, Affidavit of Donald K.
9. Donald K. hired Respondent for three different jobs. The estimate for the first job,
received via email, included complete removal of the roof, replacement of rotten or soft wood,
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2"
and installation of a new roof on the front and back porches, including a ice and water barrier,
a drip edge and repair of flashing. In addition, Respondent agreed to install vinyl fencing and
repair the front siding, the chimney, the inside sheetrock and the back porch. The total cost of
this job was $9,400. Donald K. paid Respondent $4,700 at the start of this job, with the
remainder due upon completion. See Exhibit A, Affidavit of Donald K, ¶ 4.
10. After Respondent began the roofing work, Donald K. inquired about additional
jobs to be performed. Via email, Respondent provided Donald K. with a second estimate that
included painting and installing crown molding in each room, removing popcorn ceilings,
removing asbestos on a basement pipe, sanding and polyurethane of the front porch steps and
installing quarter round molding to the entire house. Respondent also agreed to repair the back
porch, including new decking and railing. Donald K. paid Respondent an additional $5,600 to
perform this job. See Exhibit A, Affidavit of Donald K, ¶ 5 and pp. 3, 10, annexed thereto.
11. The third agreement, memorialized via text message, included removal of five
trees and stumps and trimming dead branches for an additional $3,000. See Exhibit A, Affidavit
of Donald K, and pp. 7, 11, annexed thereto.
Restitution
12. Donald K. paid Respondent a total of $13,300 of the $18,000 that was due for the
three separate contracts. However, Respondent failed to finish the work he was hired to do.
13. Respondent did not finish the roof and Donald K. reported that it was left it in an
unsafe condition. As such, Donald K. did not pay Respondent the balance on that contract
($4,700). However, Donald K. had to pay another contractor $1,550 to finish the main roof, roof
the back addition and complete the vinyl siding. See Exhibit A, Affidavit of Donald K, and p. 15,
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annexed thereto.
14. With regard to the second contract, which totaled $5,600, Donald K. states that,
pipe,l
other than removal of asbestos from the Respondent did not do any of the work that was
supposed to be performed. See Exhibit A, Affidavit of Donald K. As such, Donald K. seeks
reimbursement of $5,600.
15. With regard to the tree removal job, Donald K. states that Respondent cut the
trees but did not remove the stumps, which was supposed to be done as part of the job for which
Donald K. paid Respondent in full ($3,000). Donald K. seeks restitution of $1,305, which is the
cost to hire another contractor to remove the stumps. S_ee Affidavit of Donald. K., ¶ 13.
Complaint filed by Robert G.
16. On November 20, 2017, the NYAG received a complaint from Robert G. A copy
of Robert G.'s complaint with attachments is annexed hereto at Exhibit B. Robert G. states that
he purchased a house from Lance S. in 2015, and that the sales agreement included repair of a
roof leak. The prior owner contracted with Respondent to perform these services. See Exhibit B.,
A copy of the contract dated December 9, 2014 (between Lance S. and Respondent) is attached
to Exhibit B., at pg. 6. The contract stated that the work included a complete tear off and
replacement of the old roof. At closing, Robert G. paid Lance S. $5,000 towards the total cost of
$10,600 for this job. See Exhibit B., pg. 4.
17. After Robert G. moved in, he discovered that there were issues with the roof that
Respondent installed. For example, fiberboard was used as the base rather than plywood, the
1 Neither Jason Briere nor

In New York State, the Department of Labor licenses and certifies asbestos contractors.
List"
Under Construction appear on the Department of Labor's "Active Asbestos Contractor
(www.Iabor.ny.gov/workerprotectin/safetyhealtb/active-asbestos-contractor-list.shtm)
5
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flashing was becoming undone, the flashing around the chimney was leaking, recycled flashing
was utilized, ice and water barriers were missing from both dormers, shingles were not replaced
on the west edge of the roof, the drip edge was less than 2 inches and roofing debris was not
removed. See Exhibit B., pp. 3, 9.
18. Upon information and belief, Robert G. was informed that the contract between
transferable."
Lance S. and Respondent was "fully See Exhibit B, at pp. 4, 10-11. On June 29,
2015, Respondent came to Robert G.'s home and they agreed upon repairs for work performed
on the initial contract as well as initiation of a secondary contract. A copy of the secondary
contract dated July 1, 2015, is annexed to Exhibit B, at p. 7. Lance S. paid Respondent $3,500
for the additional work. See Exhibit B, p. 8,
19. Upon information and belief, errors caused by Respondent's crew resulted in a
full tear-down of the chimney rather than a tear-down to the soffit and fascia of the house and
subsequent capping. S_e_eExhibit B., at pp. 4-5. According to Robert G., Respondent did not
complete the chimney work and left the project with a hole in his roof, which resulted in damage.
S_ee Exhibit B., p. 3. Upon information and the belief, the crew was supposed to reframe the wall
and repair sheetrock, but the work was unacceptable because improper framing methods were
used. See Exhibit B., at p. 5. Robert G. states that it was impossible to reach Respondent. S_ee
Exhibit B., pp. 2-3, 5.
20. Robert G. states that he recovered $600 from returning materials to Erie
Materials, but that the roof has not been fixed. See Exhibit B, p.5. At a minimum, Robert G.
should be reimbursed $2,900 ($3,500 paid to Respondent on the July 1, 2015 contract minus
$600 that was refunded by Erie Materials). The NYAG has no confirmation regarding the
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transferability of the original contract between Lance S. and Respondent, but arguably Robert G.
may be entitled to a refund of up to $7,900 (cost to repair work performed by Respondent
pursuant to the original contract [up to $5,000], plus up to $2,900 for cost to repair work
performed pursuant to the secondary contract). Upon information and belief, Robert G. has been
advised that the roof needs to be replaced and has obtained estimates from $15,000-
ranging
$25,000. See Exhibit B, p. 9.
WHEREFORE, Petitioner respectfully requests that the Court
i. Punish Respondent for Criminal Contempt
21. Pursuant to Judiciary Law § 751(4), Respondent can be punished for each day that
contempt persists by a fine not to exceed $5,000 per day. As set forth in ¶ 47 of the Malkin
Affirmation, the NYAG believes it is reasonable to seek imposition of a fine for each day that
Respondent engaged in deceptive, fraudulent or illegal business acts and practices in violation of
the 2014 Consent Order. Consequently, Respondent should be ordered to pay a fine of at least
$20,000 ($20,000 for each known home improvement contract entered into in violation of the
2014 Consent Order [Sherry S., Ron K., Robert G. and Lance S.).
22. In addition to payment of the above fines, Respondent should be imprisoned in the
Onondaga County Jail for a period of thirty (30) days, pursuant to Judiciary Law § 751(1), which
authorizes the Court to impose such punishment in addition to authorized fines.
ii. Punish Respondent for Civil Contempt
23. Pursuant to Judiciary Law § 753(3), Respondent should be adjudged in civil
contempt for disobedience of this Court's lawful Order and a fine should be imposed pursuant to
Judiciary Law § 773 in an amount to sufficiently indemnify consumers. As set forth the Malkin
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Affirmation dated October 12, 2017, Respondent should be ordered to pay restitution in the
- + $5,650)]
amount of $12,400 [($14,750 $8,000) to aggrieved consumer Sherry S, $6,905
[$5,600+$1,305)] to aggrieved consumer Donald K, and from at least $2,450 [$3,500-$600] to
$7,900 [$5,000+$2,900]) for aggrieved consumer Robert G.
24. In addition to payment of the above civil fine, Respondent should be imprisoned
in the Onondaga County Jail for a period of time to be determined by this Court, not to exceed 6
months, pursuant to Judiciary Law §§ 753, 772, 774 and 775, which authorizes the Court to
impose such punishment in addition to authorized fines, or to release him if Respondent
demonstrates an inability to pay.
Dated: Syracuse, New York /

November 21, 2017
JUD TH C. MALKIN
Assi ant Attorney General
New ork State Attorney General's Office
615 Erie Boulevard West
Syracuse, NY 13204
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NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 06/25/2018
,5k
eXnp~s~in'S
STATE OFNEwYORK
OFFICE OF THEATTORNEY GENERAL
ERIC T. SCHNEIDERMAN DIVISION OF REGIONAL OFFICES

ATTORNEY OENERAL SYRACUSEREGIONAL OFFICE
December 14, 2017
Honorable Gregory R. Gilbert

Supreme Court Justice
Onondaga County Courthouse
401 Montgomery Street
Syracuse, New York 13202
Re: The People of the State of New York by Eric T. Schneiderman, Attorney General of the
State of New York, Petitioner, against Jason M. Briere, individually and d/b/a Enriched
Homes and Construction and formerly d/b/a OnPointe Contracting
Index No. 2014EF1537
Dear Justice Gilbert:
Enclosed for e-filing is the Affidavit (with attachments) of Lillian W., who filed a
complaint with the New York State Attorney General's Office against Jason Briere on behalf of
her 88 year old mother Lilia.
r. 'l;
Thank you.
1 cerely,
J DITH C. MALKIN
Assistant Attorney General
315-448-4848
JCM:jm
cc: Jason Briere
108 Bailey Ave
Syracuse, NY 13212
615 ERIE BLVD. WEST, SUITE 104, SYRACUSE, NY 13204 • PHONE (315) 448-4848 • FAX (315) 448-4851 * NOT FOR SERVICEOF PAPERS
WWW.AG.NY.GOV
AFFIDAVIT
STATE OF NEW YORK

COUNTY OF ONONDAGA
I, Lillian R.W depose and say,
IL'll'
1. My name is Lillian R. WM
.W~ and I reside at ~ Warners, . NY 13164.
My brother Gregory WW resides at , North Syracuse, NY

13212, which is owned by my mother Lilia and my brother. I am writing this Affidavit on
behalf of my mother, Lilia WW, who is 88 years old. She resides at
Jamesville, NY.
2. My sister Maria found Jason Briere's advertisement on Thumbtack.com and got

an estimate from him for work to be done at . Our family got
together to decide between the estimate provided by Jason Briere and another estimate
obtained for the job.
3. My brother Gregory hired Jason Briere to replace 6 roof of and

to install new windows and vinyl siding. A copy of the contract Jason provided him is
annexed to this Affidavit. Before completion of this work, Jason was also hired to
remodel the bathroom. A copy of the estimate that Jason emailed to Maria is annexed to
this Affidavit. I am also annexing copies of the five checks that my mother wrote, each
made payable to Jason Briere. Note that my mother incorrectly wrote out one of the
"Four" Thousand"
checks in the amount df
of dollars rather than "Four dollars. My brother
arranged to meet Jason to provide him with a corrected check, but he did not show up.
Rather, Jason altered the four dollar check to make it into a four thousand dollar check,
and added my mother Lilia's initials as though she had made the alteration.
4. With the exception of the work done on the roof, the work that was performed was
shoddy and incomplete. The exterior window trim is loose or not attached. It does not fit
properly and there are gaps exposing wood and foam insulation. The front door trim is
short, exposing wood on the bottom. The new front stoop is poorly constructed. For
example, the trim around the posts and side plank is not attached. The chimney flashing
was left unfinished.
5. The work done in the bathroom was also shoddy. The workers who did the electrical and
plumbing work were not licensed and they caused damage doing the work. For example,
one worker cut through an electrical wire in the bathroom, then repaired it with wire nuts
and buried it in the wall without appropriate access. Workers also broke an original iron
pipe and did a shoddy, leaky repair. The outlet above the bathroom sink was improperly
installed. The sink drain trap was also improperly installed and the workers used
plumbers'
putty to stop the leaks. The tub drain has no trap and the new bathtub was
installed with a crack that was not there when it was purchased.
6. Annexed to this affidavit are photographs of the work performed by Jason Briere.
7. We seek repair of the shoddy work that was performed, or reimbursement for us to hire
another contractor to perform the repairs.
8. Annexed is a copy of an estimate in the amount of $10,520 to repair the interior work.
Our family is in the process of getting an estimate to repair work on the exterior of the
house.
NOTICE
(Penal Law, sec. 210.45)
IT IS A CRIME PUNISHABLE AS A CLASS A MISDEMEANOR UNDER THE LAWS OF

THE STATE OF NEW YORK, FOR A PERSON, IN AND BY WRITTEN INSTRUMENT, TO
KNOWINGLY MAKE A FALSE STATEMENT, OR TO MAKE A STATEMENT WHICH
SUCH PERSON DOES NOT BELIEVE TO BE TRUE.
Lillian W I
Sworn to me this Ù day
e
of ~ M, 2017
NO ARY PUBLIC
M L B. INGHAM
Notarya ic, State of New York
242643'
Qu neida Obunt)
Commission: Spires June 6, 2019
NYSCEF DOC. NO.
Gmail - Estimate 45
for bathroom work RECEIVED NYSCEF:
https://mail.google.com/mail/u/0/?ui=2&ik=4d6cbal902&js. 06/25/2018
M Gmail == ae<=- >
Estimate for bathroom work
Tracy Heath <theath9905@gmail.com> Fri, Sep 15, 2017 at 11:28 PM

To: mw
Maria
N. S recuse NY
Scope of work-
Complete demolition of entire bathroom, which includes flooring, tub, toilet, vanity, walls, ceiling and
plumbing.
Complete install of new sub floor to entire bathroom. Sub floor will be 3/4 inch tongue and groove
plywood.
Complete repair to all plumbing drains, changing over from galvanized steel drain to PVC drain from
shower.
Complete repair to existing hot and cold water with new PEX plumbing and new PEX shut offs.
Install 1/2 inch, mold resistant sheetrock to entire bathroom, which includes ceiling and walls.
Complete install of new ventilation fan in the ceiling to existing electric.
Complete install of new, standard height tub to existing wall. Tub size will be maximum allowed for
bathroom size.
Complete install of new vinyl tub surround, with existing shelves. Tub surround will be glued and caulked,
protecting sheetrock from moisture.
Complete install of new, over sized toilet to existing drain openings.
Complete install of new bathroom sink and vanity. Size and structure to match existing layout of bathroom.
Above vanity will be a new medicine cabinet that will be set in the wall. Above medicine cabinet, there will
be a new light fixture.
Complete install of 2 foot vinyl cove base to entire bathroom floor, keeping water from hitting the walls.
Finished look of bathroom will be painted white with all new matching hardware, which include shower
head, sink handles and towel hangers.
Total price-$7600.00
Complete install of 2 new gable end vents, changing from wood to vinyl.
Complete install of new 4X4 pressure treated porch with railings and 2 steps. Closed in under porch, all the
way around with decking boards.
Complete install of new front porch light.
1of2 AI'
9/16/17, 10:00
tail - Estimate for bathroom work https://mail.google.com/mail/u/0/?ui=2&ik=4d6cba1902&js...
Complete repair to existing, main electric line, wrapping new tape to entire line.
Total price-$1400.00
Total cost-$9000.00
$4500.00 due asap
$4500.00 due upon completion
Start date- 9/16/2017
Completion date- 9/23/2017
*Interior work will schedule'

be done per Greg's work
Owner- W
Greg
Contractor- Jason Briere
of 2 9/16/17, 10:00 AM
AM
Maria V~~
N. Syracuse NY
Scope of work
Complete tear off of entire roof main house and garage down to bare wood.
Complete removal of all soft or rotten wood and install same exact wood as removed. Entire back of
main and back of garage will be complete new plywood. Complete repair to any loose rafters from the
plywood being so soft.
Complete repair to all fascia trim on entire roof and install 2 inch drip edge to entire perimeter of the
roof.
Install 6ft of Ice and Water barrier on entire roof around all pipe boots and chimney. And then synthetic
felt will cover remainder of roof.
Complete install of new pipe boots and flashing on the chimney as blocks are installed for chimney.
Complete install of 30 year architectural charcoal shingles to entire main roof and garage.
Complete install of ridgevent to the entire peak of the roof.
Total cost. 6100.00
Complete repair to all window trim, replacing all sills and other trim with exact same size boards.
Approximately 3 double windows and 5 single windows. Wrap all windows and trim with white
aluminum.
Total cost. 1600.00
Complete install of 5/8 fan fold insulation to entire house and garage, all seams will be taped and cuts
will be cut factory tight. This will keep draft out.
Complete install of a standard double five vinyl siding white in color to entire house and garage. Siding
will have a standard vinyl starter strip and white outside corners that will match siding. All electric, and
Water sources will have a j-block around them, white in color. Siding will be a monogram/certainteed
brand.
Total price. 5900.00
Complete removal and rebuilding of chimney from roof line up. Block to be used will be the same as
existing they are a single large square. Chimney will be caped to ensure longevity of block. Chimney will
be properly flashed and counter flashed.
Replacement of all windows for a total of 8 windows, which include 3 double windows and 5 single
windows. All windows will be Low-E, standard, energy efficient windows.

Complete repair to bowed trusses in garage which will level off the wood to the best of our ability.
Total price for everything added up is $16,700.00
Owner
Maria W
Contractor
Jason Briere
5519 Kathan rd
Brewerton, NY
315 876 5935
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Jason Briere
Re: Estimate for work at 134 maple manor.
August 27, 2017 at 9:00 AM
Maria W
Hello Maria Ihaven't heard from you, so I am touching base with u hoping u may be interested in moving Forward and
getting your brothers house done. I look forward to working with and hope to hear from you soon.
On Jul 29, 2017 12:44 PM, "Maria W wrote:

I haven't seen an email with your references. Can you send it again?
Sent from my iPhone
On Ju124, 2017, at 11:54 PM, Jason Briere <jbriere4242'!.' gmaD.com> wrote:
315 380 6472
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COUNTY CLERK 06/25/2018 10:59 AM INDEX NO. 2014EF1537
222382315 - The Summit FCU

Tuesday, December 5, 2017 2:42 PM CT
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NYSCEF DOC.
TranZact - Deposits
NO. 45 - View Image RECEIVED Page
NYSCEF:
1 of1 06/25/2018
222382315 - The Summit FCU Tuesday, December 5, 2017 2:42 PM CT
Captured Date Sequence # HL Check # MICR Account TC Amount Branch # Teller Depositor Account #
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NYSCEF DOC. NO.- Deposits
TranZact 45 - View Image RECEIVED NYSCEF:
Page 06/25/2018
1 of 1
Captured Date Sequence # HL Check # MICR Account TC Amount Branch # Teller Depositor Account #
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Liverpool Maintenance
PAUL Shafer
412 Cypress Street
Liverpool, NY 13088
Estimate for Lilly W
Due to the shoddy nature of the first remodel, the bathroom will have to be
completely done over. Also due to bad connections to the main drain stack, it too
will have to be redone.
1.] Remove tub, tub walls,vanity, and drywall.
2.] Install new tub and tub walls as the old ones are cracked in two places.
3.] Make repairs to window and reframe.
4.] Install new drywall to walls tape and finish.
5.] Install new vanity as the old one was cut up badly.
6.] Install new flooring and baseboard.
7.] Paint bathroom walls.
8.] Completely reconfigure all drain lines including main stack, toilet flange , vanity
drain, tub drain kitchen sink drain and vents.
9.] Install new hot and cold water lines to tub, vanity and toilet.
10.] Replace electrical wire that was cut.
Material;; $4,220.00
Labor; $6,300.00
Total; $10,520.00
Terms; Half down to start, one quarter after one week, one quarter when complete.

AG Affidavit to Punish Contractor Jason Briere For Criminal Contempt. Filed 6.25.2018

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AG Affidavit to Punish Contractor Jason Briere For Criminal Contempt. Filed 6.25.2018

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FILED:

SUPREME COURT OF THE STATE OF NEW YORK

THE PEOPLE OF THE STATE OF NEW YORK, by

affirms the following under the penalties of perjury:

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

be true and correct.

3. I submit this Supplemental Affirmation in further support of Petitioner's motion

may seem just and proper to the Court.

4. On April 28, 2014, the NYAG commenced a special proceeding against

"Malkin Aff."), ¶ 5 and Exhibit A annexed thereto.

approved by the Superintendent of Insurance of the State of New York.

on October 19, 2017.

Complaint filed by Donald K.

7. Subsequent to the filing of the Malkin Affirmation, the NYAG obtained an

Affidavit of Donald K., annexed hereto.

8. Like Sherry S., Donald K. heard about Respondent on Thumbtack.com, an online

contractors. See Exhibit A, Affidavit of Donald K.

remainder due upon completion. See Exhibit A, Affidavit of Donald K, ¶ 4.

of Donald K, and pp. 7, 11, annexed thereto.

supposed to be performed. See Exhibit A, Affidavit of Donald K. As such, Donald K. seeks

Complaint filed by Robert G.

$10,600 for this job. See Exhibit B., pg. 4.

1 Neither Jason Briere nor

removed. See Exhibit B., pp. 3, 9.

for the additional work. See Exhibit B, p. 8,

Exhibit B., pp. 2-3, 5.

may be entitled to a refund of up to $7,900 (cost to repair work performed by Respondent

$25,000. See Exhibit B, p. 9.

WHEREFORE, Petitioner respectfully requests that the Court

i. Punish Respondent for Criminal Contempt

authorizes the Court to impose such punishment in addition to authorized fines.

ii. Punish Respondent for Civil Contempt

23. Pursuant to Judiciary Law § 753(3), Respondent should be adjudged in civil

[$5,600+$1,305)] to aggrieved consumer Donald K, and from at least $2,450 [$3,500-$600] to

$7,900 [$5,000+$2,900]) for aggrieved consumer Robert G.

impose such punishment in addition to authorized fines, or to release him if Respondent

demonstrates an inability to pay.

Dated: Syracuse, New York /

New ork State Attorney General's Office

615 Erie Boulevard West

ERIC T. SCHNEIDERMAN DIVISION OF REGIONAL OFFICES

December 14, 2017

Honorable Gregory R. Gilbert

Syracuse, New York 13202

Index No. 2014EF1537

Dear Justice Gilbert:

STATE OF NEW YORK

I, Lillian R.W depose and say,

My brother Gregory WW resides at , North Syracuse, NY

behalf of my mother, Lilia WW, who is 88 years old. She resides at

2. My sister Maria found Jason Briere's advertisement on Thumbtack.com and got

obtained for the job.

3. My brother Gregory hired Jason Briere to replace 6 roof of and

IT IS A CRIME PUNISHABLE AS A CLASS A MISDEMEANOR UNDER THE LAWS OF

M Gmail == ae<=- >

Estimate for bathroom work

Tracy Heath <theath9905@gmail.com> Fri, Sep 15, 2017 at 11:28 PM

Complete install of new ventilation fan in the ceiling to existing electric.

Complete install of new, over sized toilet to existing drain openings.

Complete install of new front porch light.

$4500.00 due asap

$4500.00 due upon completion

Start date- 9/16/2017

Completion date- 9/23/2017