U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

EMPIRE FLIGHT ACADEMY 

FDMS No. FAA-20ll-0290 

Administrative Law Judge Richard C. Goodwin 

JUN 27 

AGENCY'S ANSWER TO RESPONDENT'S MOTION FOR DECISION 

COMES NOW the Agency, by and through its designated representative, the Regional 

Counsel for the Eastern Region and his duly designated agents, and submits its Answer to 

Respondent's Motion for Decision (hereinafter "the Motion"), in which Respondent 

seeks dismissal of the Complaint on the basis that Empire Flight Academy was not the 

operator of the aircraft. The Agency submits that Respondent has/ailed to show, as 

required by 14 CFR §13.2l8(f)(5) to prevail on such a motion, that there is no genuine 

issue of fact or that Respondent is entitled to a judgment as a matter of law. The sole 

basis for Respondent's position is irrelevant insurance documentation. Overwhelming 

evidence indicates that Empire Flight Academy operated the aircraft during the time 

period in question. The Agency respectfully requests that the Administrative Law Judge 

deny the Respondent's Motion for Decision and declare that Empire Flight Academy, 

Inc. operated the aircraft as alleged in the Complaint. 
BACKGROUND 

The Complaint, as amended, alleges as follows: 

1. At all times relevant herein, Empire Flight Academy was the operator of a 

Diamond DA-20 aircraft, identification number N383CA (hereinafter "the 

aircraft"). 

2. On or about April 8, 2009, during takeoff roll of the aircraft by a student 

pilot, there was a vibration in the nose gear area. 

3. The student pilot reported the vibration that he had experienced to Empire 

Flight Academy. 

4. At some point between April 8, 2009 and June 1,2009, Empire Flight 

Academy re-assembled the wheel assembly on the aircraft. 

5. No log entry was ever made of the re-assembling of the wheel assembly 

on the aircraft. 

6. The re-assembling of the wheel assembly on the aircraft was not approved 

for return to service by an authorized person. 

7. On or about June 1,2009, Empire Flight Academy proceeded to operate 

the aircraft on a flight to Republic Airport, Farmingdale, NY (hereinafter 

"the June 1 flight"). 

8. Prior to the June 1 flight, no log entry was made of the re-assembling of 

the wheel assembly on the aircraft. 

9. Prior to the June 1 flight, the re-assembling of the wheel assembly on the 

aircraft was not approved for return to service by an authorized person. 

10. Empire Flight Academy thereby operated the aircraft on June 1,2010 

when the aircraft was not in an airworthy condition. l 

I The Complaint contains a typographical error stating the date as June 1,2010. The correct date is June 1, 

2009, as is apparent from the context of the remainder of the Complaint. Complainant will correct the 

Complaint accordingly. 

2 
The Complaint alleged that Respondent violated, specifically, the following sections of 

the Federal Aviation Regulations (FARs): 

a. Section 91.405(b), which states that each owner or operator of an aircraft 

shall ensure that maintenance personnel make appropriate entries in the 

aircraft maintenance records indicating the aircraft has been approved for 

return to service. 

b. Section 91.407(a)(I), which states that no person may operate an aircraft 

that has undergone maintenance, preventive maintenance, rebuilding, or 

alteration unless it has been approved for return to service by a person 

authorized under Section 43.7 of the Federal Aviation Regulations. 

c. Section 91.407(a)(2), which states that no person may operate an aircraft 

that has undergone maintenance, preventive maintenance, rebuilding, or 

alteration unless the maintenance record entry required by Sections 43.9 or 

43.11, as applicable, of the Federal Aviation Regulations has been made. 

d. Section 91.7(a), which states that no person may operate an aircraft in an 

unairworthy condition. 

ARGUMENT 

A motion for decision may be granted "if the pleadings, depositions, answers to 

interrogatories, admissions, matters that the administrative law judge has officially 

noticed, or evidence introduced during the hearing show that there is no genuine issue of 

material fact and that the party making the motion is entitled to a decision as a matter of 

law." William A. Luker, Jr. , DMS No. FAA-2009-1044, 2010 WL 1989430 (May 13, 

2010) (quoting 14 C.F.R. § 13.218(f)(5) (2009)). The moving party "has the burden of 

showing that there is no genuine issue of material fact disputed by the parties." Id. 

(quoting 14 C.F.R § 13.218(f)(5) (2009)). 

A motion for decision under 14 C.F.R. § 13.218(f)(5) is the equivalent ofa motion 

for summary judgment under Rule 56(c) of the Federal Rules of Civil Procedure 

("FRCP"). Id.; see e.g. Stark Avionics , DMS No. FAA-2005-22446, 2006 WL 

3 
2644030 (Sept. 8, 2006). 

In the instant matter, there is a genuine issue of material fact. For this reason, the 

Respondent is not entitled to judgment as a matter of law. A fact is material if a dispute 

over it may affect the outcome of the case. Anderson v. Liberty Lobby. Inc. , 477 U.S. 

242, 248 (1986). There is a genuine issue of material fact if the relevant evidence in the 

record, taken as a whole, indicates that a reasonable fact-finder could return a verdict for 

the party opposing summary judgment . .M.; Matsushita Elec. Indus. Co. v. Zenith 

Radio, 475 U.S. 574, 587 (1986). In determining the appropriateness of summary 

judgment, "the inferences to be drawn from the underlying facts ... must be viewed in 

the light most favorable to the party opposing the motion." Matsushita Elec. Indus. Co. 

v. Zenith Radio, 475 U.S. 574,587-88 (1986) (quoting United States v. Diebold, Inc. , 

369 U.S. 654, 655, 82 (1962)) (alteration in original). Given the volume of evidence 

showing that Empire Flight Academy was the operator of the aircraft, there is a genuine 

issue of material fact in the matter at issue. 

The Respondent, in its Motion, correctly points out that the Agency previously filed 

an action against Empire Airways and then withdrew the action after determining that it 

was the incorrect party. In fact, the Agency, on November 10, 2009, issued a Notice of 

Proposed Civil Penalty to Empire Airways with substantially the same allegations as 

contained in this action. Exhibit A-I. In response to this action, John Zaremba, the 

president of Empire Flight Academy, wrote a letter to the FAA in which he indicated 

4 
that Empire Flight Academy both operated and maintained N383CA (hereinafter "the 

aircraft"). 2 Exhibit A-2. 

Respondent, in its Motion, correctly stated that at all relevant times, Clyde Air 

Leasing was the owner of the N383CA aircraft. According to a statement from Clyde Air 

Leasing, the aircraft was on lease with Empire Flight Academy during the entire year 

2009 at Republic Airport. Exhibit A-4. Clyde Air Leasing, in fact, provided copies of its 

monthly leaseback statements with Empire Flight Academy during the time period April 

to June 2009. Exhibit A-5. 

During his investigation of the incident, Aviation Safety Inspector Louis Misiano 

discovered that Empire Flight Academy, as a flight school, continuously operated and 

maintained the aircraft for flight instruction purposes during April through June of 2009. 

See Affidavit of Louis Misiano, attached herein as Exhibit A-6. Additionally, Inspector 

Misiano's investigation revealed that Empire Flight Academy specifically authorized the 

flights dated April 8, 2009 and June 1, 2009 that resulted in incidents and that Empire 

Flight Academy performed maintenance on the aircraft's nose wheel assembly during 

that period. Id. 

In FAR Section 1.1, "operate" is defined as "cause to use or authorize to use aircraft, 

for the purpose of ... air navigation." As Empire Flight Academy authorized use of the 

aircraft in its capacity as a flight school, it operated the aircraft during the time period in 

question. 

Respondent has thusfailed to show, as required by 14 CFR Section 13.218(f)(5) to 

prevail on such a motion, that there is no genuine issue of fact and that Respondent is 

2 While the incorporation record provided by Mr. Zaremba indicated that the name of the corporation as of 

February 20,2009 was Empire Flight, Inc. public records indicate that the name of the corporation was 

changed to Empire Flight Academy, Inc. on May I, 2009. Exhibit A -3 

5 
entitled to judgment as a matter oflaw. On the contrary, overwhelming evidence 

supports the agency's allegation that Empire Flight Academy operated the aircraft 

between April and June of2009. As such, the Motion should be denied. Additionally, 

the Administrative Law Judge should find that Empire Flight Academy was the operator 

of the aircraft as alleged in the Complaint. 

Respectfully submitted, 

ALFRED R. JOHNSON, JR. 

REGIONA COUNSEL 

astern Regional Couns 

1 Aviation laza 

Jamaica, NY 11434 

Phone: (718)553-3258 

Telefax: (718)995-5699 

6 
EXHIBIT A-I 
u.s. Department 

of Transportation 

Federal Aviation 

Administration 

,,,/ I I") ')['W' . , i - :_ iii} 

Eastern Region 

Regional Counsel 

Telephone: 718 553-3258 

Facsimile: 718995-5699 

1 Aviation Plaza 

Jamaica, NY 11434 

CERTIFIED MAIL - RETURN RECEIPT REQUESTED 

President 

Empire Airways 

Route 109 Hangar 3 

Farmingdale, NY 11735 

Docket No. 2009EAl10039 

NOTICE OF PROPOSED CIVIL PENALTY 

TAKE NOTICE, that this office has received an investigative report from which it appears that 

Empire Airways violated the Federal Aviation Regulation(s) by reason of the following: 

1. At all times relevant herein, Empire Airways was the operator of a Diamond DA20 aircraft, identification number N383CA (hereinafter "the aircraft"). 

2. On or about April 8, 2009, during takeoff roll of the aircraft by a student pilot, 

there was a vibration in the nose gear area. 

3. The student pilot reported the vibration that he had experienced· to Empire 

Airways. 

4. At some point between April 8, 2009 and June 1, 2009, Empire Airways reassembled the wheel assembly on the aircraft. 

5. No log entry was ever made of the re-assembling of the wheel assembly on the 

aircraft. 

6. The re-assembling of the wheel assembly on the aircraft wa~ not approved for 

return to service by an authorized person. 

7. The re-assembly of the wheel assembly of the aircraft was not performed properly. 

8. As a result, the aircraft was involved in an incident upon landing at Republic 

Airport, Farmingdale, NY, on June 1,2009. 
9. Specifica;,y, upon taxi roll-out, the aircraft lost \:t,,, axel nut on the nose gear 

wheel assembly, causing the axel to fall off one fork and cocking the nose wheel 

in the fork 

I O. This caused the aircraft to vibrate. The pilot was no longer able to taxi the 

aircraft, and the aircraft had to be towed off the runway. 

11. Empire Airways thus performed maintenance on an aircraft and failed to use the 

methods, techniques, and practices prescribed in the current manufacturer's 

maintenance manual or Instructions for Continued Airworthiness prepared by its 

manufacturer, or other methods, techniques, and practices acceptable to the 

Administrator. 

12. Empire Airways thus maintained an aircraft and failed to do that work in such a 

manner and use materials of such a quality, that the condition of the aircraft worked 

on would at least equal to its original or properly altered condition. 

13. Empire Airways thus operated the aircraft in an unairworthy condition on June 1, 

2009. 

By reason of the foregoing, Empire Airways violated the following section(s) of the Federal 

Aviation Regulations: 

a. Section 43.13(a), which states that each person performing maintenance, alteration, 

or preventive maintenance on an aircraft, engine, propeller, or appliance shall use 

the methods, techniques, and practices prescribed in the current manufacturer's 

maintenance manual or Instructions for Continued Airworthiness prepared by its 

manufacturer, or other methods, techniques, and practices acceptable to the 

Administrator, except as noted in §43.16. He shall use the tools, equipment, and test 

apparatus necessary to assure completion of the work in accordance with accepted 

industry practices. If special equipment or test apparatus is recommended by the 

manufacturer involved, he must use that equipment or apparatus or its equivalent 

acceptable to the Administrator. 

b. Section 43.13(b), which states that each person maintaining or altering, or 

performing preventive maintenance, shall do that work in such a manner and use 

materials of such a quality, that the condition of the aircraft, airframe, aircraft 

engine, propeller, or appliance worked on will be at least equal to its original or 

properly altered condition (with regard to aerodynamic function, structural strength, 

resistance to vibration and deterioration, and other qualities affecting airworthiness). 

c. Section 91.405(a), which states that each owner or operator of an aircraft shall have 

that aircraft inspected as required by Subpart E of Part 91 of the Federal Aviation 

Regulations and shall between required inspections (except as otherwise provided) 

have discrepancies repaired in accordance with Part 43 of the Federal Aviation 

Regulations. 

d. Section 91.407(a)(1), which states that no person may operate an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it 

2 
has been'''l'proved for return to service by a person a ....,lOrized under Section 43.7 of 

the Federal Aviation Regulations. 

e. Section 91.407(a)(2), which states that no person may operate an aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless the 

maintenance record entry required by Sections 43.9 or 43.11, as applicable, of the 

Federal Aviation Regulations has been made. 

f. Section 91.7(a), which states that no person may operate a civil aircraft unless it is in 

an airworthy condition. 

Empire Airways Corporation is liable for a civil penalty not to exceed $25,000 for each violation of 

the regulation(s) in accordance with 49 U.S.C. §46301(a)(I), or, for small business concerns, 

$10,000 for each violation in accordance with 49 U.S.C. §46301(a)(5). After reviewing our 

investigative file, we propose to assess a civil penalty in the amount of $20,000 for these violations. 

Enclosed is information on Empire Airways's options in responding to this Notice. The options 

include participating in an informal conference with an FAA attorney and submitting information 

to the FAA for consideration. Empire Airways must submit, in writing, its choice of the 

alternatives explained on the enclosed information form on or before thirty (30) days after it 

receives this Notice. If Empire Airways fails to submit its choice within that time, it will have no 

further right to participate in the informal procedures. 

Alfred R. Johnson, Jr. 

Regional Counsel 

By: zFcJ~Berman Attorney 

Enclosures 

Information Sheet 

Reply Form 

Subpart G of14 C.F.R. 13 

Informal Conference Location List 

3 
INFORM) ... IN REGARDING CIVIL PENALTIES UNDER TITLE 4<)·_,.C. SECTION 46301 

Under 49 U,S.C. § 46301. any person who violates pertinent provisions of 49 U.S.c. §§ 40101, ~ ~., or any rule, regulation, or order issued thereunder. is 

slIhject to a civil penalty for each violation. The maximum assessment for each violation is also prescribed by law, as specified in the notice to which this is 

attached. The notice also states the amount or the proposed civil penalty for the aJleged violation(s). 

This proceeding is governed by the Federal Aviation Regulations (FAR) set forth in 14 C.F.R. § 13.16 and 14 C.F.R. Part 13, Subpart G. Copies of these 

regulations are enclosed. WITHIN THIRTY (30) DAYS AFTER EMPIRE AIRWAYS RECEIVES THE NOTICE TO WHICH THIS INFORMATION SHEET IS 

ATTACHED, Empire Airways may elect to proceed in one or more of the following ways by marking the appropriate hox(es) on the attached election sheet and 

returning it by mail or personal·delivery to the address provided below. An explanation of each option is set forth below. 

I. Empire Airways may submit the amount of the civil penalty specified in the notice by certified check or money order payable to the "Federal Aviation 

Allministration" to the Office of Accounting FANMMAC· Attention AMZ·350-EA, Post Office Box 25770, Oklahoma City, OK 73125. 

2. In the alternative. Empire Airways may pay its civil penalty with a credit card over the Internet. To pay electronically, visit the web site at 

hHp:llwww.pay.gov and cnter the term 'FEA" in the search bar labeled "Search Public Forms" located on the left hand side of the screen. After 

rollowing the link, click on "FAA Civil Penalties·FAA Eastern Region." Empire Airways must then enter the above-listed "Docket Number" under the 

"( :ivil Penalties Case Number" and Empire Airways must then complete the remainder of the requested information. Once Empire Airways has 

submitted the requested information Empire Airways will be taken to a page which allows Empire Airways to either pay by electronic transfer, or by 

credit card. Fill in the requested information in one of these two sections, and submit to complete your payment. 

SlIBMITTING THE AMOUNT OF CIVIL PENALTY IN ACCORDANCE WITH PARAGRAPHS I AND 2 CONSTITUTES Empire Airways'S AGREEMENT 

Til AT AN ORDER ASSESSING CIVIL PENALTY IN THAT AMOUNT MAY BE ISSUED WITHOUT FURTHER NOTICE. SUBMITTING THE AMOUNT 

OF CIVIL PENALTY ALSO CONSTITUTES Empire Airways'S AGREEMENT THAT IT WAIVES ITS RIGHT TO A HEARING IN THIS MATTER. 

3. Empire Airways may submit, in writing, information and evidence demonstrating that a violation of the regulations was not committed or that, if it were, the 

illds and circumstances do not warrant the proposed civil penalty. Information provided will be considered in detemiining whether a civil penalty should be 

m;scssed or imposed and the amount of any such civil penalty. This information may be submitted in conjunction with a request for an informal conference under 

puragraph 6. Choosing this option will not affect Empire Airways's right to a hearing, unless it also elects paragraph 5. 

4. Empire Airways may SUbmit, in writing, information and records indicating that it is financially unable to pay the proposed civil penalty, or showing that 

payment of the proposed penalty would prevent Empire Airways from continuing in business. Choosing this option will not affect Empire Airways's right to a 

hearing, unless it also elects paragraph 5. 

5, Empire Airways may request that a civil penalty be assessed in a specific amount other than that proposed in the notice. If Empire Airways chooses this option. 

it should explain why a reduction in the civil penalty is appropriate, and provide any supporting documentation. The information Empire Airways provides will 

be considered in determining whether the amount it specified should be assessed. [f the FAA accepts Empire Airways's offer, this request constitutes Empire 

Airways's agreement that an order assessing civil penalty in that amount may be issued without further notice. EMPIRE AIRWAYS'S REQUEST ALSO 

CONSTITUTES ITS AGREEMENT THAT IT WAIVES ITS RIGHT TO A HEARING. IF THE FAA DOES NOT ACCEPT EMPIRE AIRWAYS'S OFFER, 

H( )WEVER, ITS RIGHT TO A HEARING WILL NOT BE AFFECTED. 

6. Empire Airways may request an opportunity to discuss the matter with an FAA attorney by a telephonic informal conference, or at an in·person informal 

conference at one of the following locations: an FAA regional office; the FAA Aeronautical Center in Oklahoma City; or FAA Headquarters in Washington, DC. 

A list of the addresses of these offices (hereafter referred to as "the Informal Conference Location list" or "the list") is attached to the enclosed reply form. 

A request for an in·person informal conference at any of the offices on the Informal Conference Location list will be granted, regardless of whether the office 

Empire Airways's chooses is the office that issued the notice to which this information sheet is attached. 

If Empire Airways chooses an office on the Informal Conference Location list other than the office that issued the notice, the case ordinarily will be transferred to 

the office Empire Airways requests for full disposition and handling in accordance with the FAA's existing transfer policy, which is set forth in paragraph 208(e) 

of FAA Order No. 2150·3A, provided that (1) a transfer is in the public interest, and (2) the transfer is to an office more convenient to its domicile or principal 

place of business. 

When conditions (l) and (2) are not present, the case will be transferred to the office Empire Airways requests for purposes of the informal conference only. 

Moreover, the office receiving the case only for purposes of the informal conference will consult and coordinate with the office that issued the notice before 

settling or otherwise disposing of the case after the informa] conference. 

Empire Airways also may request an in·person informal conference at an FAA office other than those on the Informal Conference Location list. If Empire 

Airways does so, it should indicate on the response form its reason for requesting that particular location. NOTE: Requests for in·person infonnals at locations 

not on the list will be granted only in very limited circumstances. Empire Airways should not, therefore, expect to have an in·person informal conference at a 

location other than those on the list. The FAA attorney assigned to this case has discretion to grant a request for an in-person informal conferences at a location 

other than those on the list only when (1) because of unusual circumstances, the public interest is better selVed by holding an in-person informal conference at 

such location, or (2) an in·person informal conference can be scheduled to coincide with other previously scheduled business at the location requested. In 

addition, the FAA attorney must be able to schedule the conference within approximately 90 days of the date Empire Airways requests an informal conference. 

Because of these restrictions, Empire Airways is requested to indicate both the FAA office it prefers and one of the offices from the Informal Conference 

Location list. 

To elect a telephone informal conference, choose option 6.a. on the reply fonn. To elect an in·person informal conference at one of the locations on the Informal 

Conference Location list, choose option 6.h. To elect an in·person intormal conference at a location other than those on the list, choose option 6.c. 

If Empire Airways requests an informal conference with an FAA attorney, do not also request at this time a formal hearing under 14 C.F.R. § 13.16, i.e., option 

8. Empire Airways's request for an intormal conference will not affect its right to request a formal hearing later. 

Il\IPORTANT: The infonnal conterence is intended to provide Empire Airways with an opportunity to present its reasons why the FAA should not proceed with 

the action as proposed. It also is intended to provide Empire Airways with an opportunity to present any supporting documentation or information its wishes the 

FAA to consider before the agency decides whether to proceed with the proposed action. Any additional information Empire Airways submits will be given our 
careful consideration. Since the attached letter may become a part of the publicly available records, Empire Airways may wish to submit a letter which would be 

included in these records. 

7. Empire Airways may request that the FAA impose a civil penalty without making findings of violations, and submit the reasons and any additional 

inlormation in writing (with appropriate supporting documentation) to support Empire Airways's request. If the FAA accepts Empire Airways's offer, this 

request will constitute Empire Airways's agreement that a Compromise Order in that amount may be issued. EMPIRE AIRWAYS'S REQUEST WILL ALSO 

CONSTITUTE ITS AGREEMENT THAT IT WAIVES ITS RIGHT TO A HEARING. IF THE FAA DOES NOT ACCEPT EMPIRE AIRWAYS'S OFFER, 

HOWEVER, ITS RIGHT TO A HEARING WILL NOT BE AFFECTED. 

8. Empire Airways may request a hearing in accordance with section 13.16 of the FAR. Empire Airways's request must be dated and signed. If Empire 

Airways requests a hearing, a Complaint will be filed and an administrative law judge will be appointed to decide the case. At the hearing, held under Subpart G 

of 14 C.F.R. Part 13, the agency will present witnesses and other evidence. Empire Airways also will have the opportunity to present witnesses and other 

evidence. The FAA will have the burden of proof. At the conclusion of the hearing, all issues of fact and law will be decided and a decision will be rendered 

whether, and in what amount, a civil penalty will be assessed. If either party, the agency or Empire Airways is dissatisfied with the judge's decision, that party 

call appeal the judge's decision to the FAA decisionmaker. If Empire Airways is dissatisfied with the FAA decisionmaker's decision. Empire Airways may seek 

review of the FAA decisionmaker's decision in the United States Courts of Appeals. 

Empire Airways's request for a hearing must be made to the Hearing Docket, Federal Aviation Administration, 800 Independence Avenue, SW. t Room 924A.. 

Washington, DC, 20591. Attention: Hearing Docket Clerk. Empire Airways must mail a copy to the FAA attorney handling this case at the address indicated 

below. 

All correspondence in this matter should be forwarded to the Office of the Regional Counsel Federal Aviation Administration I Aviation Plaza Jamaica, NY 11434 

Empire Airways's response to the Notice of Proposed Civil Penalty may be delivered personally to the Office of the Regional Counsel for the Eastern Region at 

the above address during nonnal business hours. 

Telephone: 718 553-3258 (Collect calls cannot be accepted.) 

2 
Office of the Regional Counsel 

Federal Aviation Administration 

I Aviation Plaza 

Jamaica, NY 11434 

Date 

Empire Airways - 2009EAl t 0039 

Subject: Notice of Proposed Civil Penalty 

In reply to your Notice of Proposed Civil Penalty, Empire Airways elects to proceed as indicated by my check mark beside the numbered 

paragraph(s) below: 

I. [ ] Empire Airways hereby 2. [ ] Empire Airways has paid 3. [ ] Empire Airways 4. [ ] Empire Airways 5. [ ] Empire Airways 

submits the amount of the the proposed civil penalty with a hereby submits hereby submits hereby requests that the 

proposed civil penalty with the credit card over the Internet at evidence and information and records proposed civil penalty 

understanding that an order the following website: information. showing that it is be assessed in the 

assessing a civil penalty will be http://www.pay.gov demonstrating that a financially unable to amount of 

issued in that amount without violation of the pay the proposed civil $ and it 

further notice. Empire Airways Empire Airways also regulations did not penalty, or that payment submits the reasons for 

UNDERSTANDS THAT IT understands that an order occur as alleged or that ofthe penalty would the reduction ofthe 

HAS WAIVED ITS RIGHT assessing civil penalty will be the amount of the prevent it from proposed amount. This 

TO A HEARING. issued in the amount without penalty is not warranted continuing in business. request constitutes 

further notice. by the circumstances. Empire Airways's 

agreement that if this 

Empire Airways ALSO offer is accepted by the 

UNDERSTANDS THAT IT FAA, an order assessing 

WAIVES ITS RIGHT TO A civil penalty in the 

HEARING. amount it has specified 

may be issued without 

further notice. THIS 

REQUEST ALSO 

CONSTITUTES Empire 

Airways'S 

AGREEMENT THAT 

IT HAS WAIVED ITS 

RIGHTTOA 

HEARING. 

6.a. [ ] Empire Airways hereby requests a telephonic informal 7. [ ] Empire Airways 8. [ ] Empire Airways hereby "requests a hearing in 

conference to discuss this matter with an FAA attorney, (An hereby requests that the accordance with Subpart G of Part 13 of the Federal 

attorney will call Empire Airways at the telephone number it FAA impose a civil Aviation Regulations (14 CFR 13, Subpart G) with 

provides here: ( ) . Empire Airways will be provided penalty without making the understanding that a Complaint will be filed. 

at least 2 weeks advance notice of the date and time of this findings of violations, Empire Airways requests that the hearing be held in 

conference.) NOTE: lfEmpire AiJWays chooses to discuss this and submits its reasons. Empire Airways is 

matter informally by telephone, it should provide any documents or This request constitutes sending this request both to the FAA attorney and to 

other information it wishes to have considered on its behalf before Empire Airways's the Hearing Docket, Federal Aviation 

the date of the informal conference. agreement that if this Administration, 800 Independence Avenue, SW., 

b. [] Empire Airways hereby requests an in-person informal offer is accepted, a Room 924A, Washington, DC, 20591, Attention: 

conference with an FAA attorney to discuss this matter at compromise order will Hearing Docket Clerk, 

(choose an FAA office from the attached be issued in the amount 

lilli. set forth in the Notice of 

c. [] Empire Airways hereby requests an in-person informal Proposed Civil Penalty. 

conference with an FAA attorney to discuss this matter at THIS REQUEST ALSO 

. Empire Airways is requesting an in- CONSTITUTES 

person infoonal conference at this location because EMPIRE AlRWAYS'S 

. Empire AGREEMENT THAT 

Airways has also indicated an alternate location from the attached IF THIS OFFER IS 

list under item 6.b. in the event the FAA is unable to grant my ACCEPTED. IT HAS 

request under this option. W AlVED ITS RIGHT 

TO A HEARING. 

Signature: [ ] Empire Airways requests that future documents in this case be sent to its 

Name: representative: 

Address: 

Name: 

Telephone: Address: 

Date: 

Case No.: 2009EAlIOO39 Telephone: 

I AERONAUTICAL CENTER 

FAA LEGAL COUNSEL OFFICE LOCATIONS 

FOR INFORMAL CONFERENCES 

ALASKA REGION CENTRAL REGION 
4 • • I 

i 

Office of the Regional Counsel (AMC-7) Room 251 

Mike Monroney Aeronautical Center 

6500 South MacArthur Boulevard 

Oklahoma City, OK 73125 

Federal Aviation Administration 

Office of the RegionaJ Counsel (ABA-7) 

Eastern Region Headquarters 

I Aviation Plaza 

Room 561 

Federal Aviation Administration 

Otlice of the Regional Counsel (A WP-7) 

Western-Pacific Region Headquarters 

15000 Aviation Boulevard 

Hawthorne, CA 90261 

FederaJ Aviation Administration 

Office of the RegionaJ Counsel (AGL-7) 

Great Lakes Region Headquarters 

O'Hare Lake Office Center, Room 419 

2300 East Devon Avenue 

Federal Aviation Administration 

Office of the Regional Counsel (ASO-7) 

Southern Region Headquarters 

1701 Columbia Avenue, Room 530 

Federal Aviation Administration 

Office of the Chief Counsel 

800 [ndependence Avenue, SW. 

Washington, DC 20591 

2 

Federal Aviation Administration 

Office of the Regional Counsel 

(ANE-7) 

New England Region Headquarters 

12 New England Executive Park, Room 311 

FAN American Embassy 

Office of the Assistant Chief Counsel 

(AEU-7) 

27 Blvd. du Regent, Brussels, Belgium 

(fOl· m"i/iIl, from U.S.:PSC 82, Box 002, APO 
EXHIBIT A-2 
December 7, 2009 

Federal Aviation Administration 

Eastern Region Regional Counsel 

I Aviation Plaza 

1amaica, NY 11434 

Re: Docket # 2009EAlI0039 

Sent via: Feder~1 Express - Overnight 

Dear Mr. Alfred 10hnson Jr.: 

"Yes you can ... .. 

We are in receipt of your letter dated November 10, 2009, Docket # 2009EAl10039. To 

follow is our response to your statement: 

1- Your later addresses Empire Airways as the operator of a Diamond DA20 aircraft, 

identification number N383CA. Please note that Empire Airways has no affiliation with 

this aircraft or its operation. The Flight Training Operation is operated by Empire Flight 

Academy which is an entirely different corporation. We've attached the corresponding 

Certificate of Corporation. For the purpose of this response, all comments will be 

responded to as Empire Flight Academy. 

2- The student pilot who experienced a vibration had reported the problem to Samer . 

Elsayed, A&P#3245675. Empire Flight Academy requires all mechanics to document 

all work as per regulations. It was later learned that Mr. Elsayed removed the wheel 

without a subsequent log entry. 

3- On April 14,2009, a 100 Hour Inspection was performed on N383CA as per Diamond 

Aircrafts Maintenance Checklist (copy supplied). The Nose Landing gear was inspected 

in accordance with this Maintenance checklist and found to be in airworthy condition. 

The aircraft was signed back into service by Mr. Paul Masaracchia, A&P #104569374. 

From the date that the aircraft was signed back into service, the aircraft made 83 landings 

without any incident. This would indicate that the nose wheel was put back 

appropriately. We have supplied the aircrafts Flight Logs showing flights from April 14, 

2009 though June 1,2009. 

In addition, on May 31,2009, a 50 Hour Service was performed on N383CA by Samer 

Elsayed A&P #3245675. Mr. Elsayed determined the aircraft to be in Airworthy 

Condition. Maintenance Log Entries are attached. 

In all, it is in our opinion that the incident that occurred on June I, 2009 was a result of a 

part failure and NOT subsequent to any maintenance performed on the aircraft. The 

aircraft was inspected twice and released as airworthy by two separate FAA certified' 

mechanics. The aircraft flew numerous times without incident. 

I{.;-prti') it: ,\ ii')'\ In. R, .• do.! )1 it), II :1!1.!~·"':T t. /" ~l'Ill;(,.~.~d:t/..:_ ?>" \' i j : ~5 

j)'1: n.'I~-:-:-;- . .;'·IJ:n j"',;; ~\;i'llt)'f~f)1 :.~ 
" Yes you can ... " 

If you have any further questions, do not hesitate to contact me. 

Sincerely, 

~t zaremb:tf-· 

P dent 

Empire Flight Academy 

:~t..'pllhliL' ,\iq)IU'f. RUlItt! /()I), !-l:J/lg'~r"~ !·:lI"!l1jn'.!d~J!~. N'{ i I .. .\.' 

Ph: fdl-777-501tJ I",; ")31··t)t)·-~·11172 
STATE OF NEW YORK 

nEPARTJlIIENT OF STATE 

I hereby certify thatthe annexed copy has been compared with the 

original document in the custody of the Secretary of State and that the same 

is a true copy of said original. 

._ •••••••• e • 

•• ' o'i! NBW··. 

••• ~~ ~O·"· • • 

: ! .. ;<;- '1> ". : c..., 'f\ -• 

• =* • 

• • *: 

• • • • ... ~. ~": • ~ . .<." '" .' 

••• "'1"~ ~ •• -

··.~BNT o~."" •••••••••••• 

Rev. 06107 

WITNESS my hand and the official seal of the 

Department of State, at the City of Albany, on 

February 23, 2009. 

Paul LaPointe 

Special Deputy Secretary of State 
CERTIFICATE OF INCORPORATION 

of 09 0220000 ~.r/ EMPIRE FLIGHT INC. 

Under Section 402 of the Business Corporation Law 

I, the undersigned, being of the age of eighteen years or aver, for the purpose of farming a corporation pursuant 

to Section 402 of the Business Corporation Law, do hereby certify; 

FIRST: The name of the corporation is: EMPIRE FLIGHT INC. 

SECOND: The purpose or purposes for which it is farmed are: 

To engage in any lawful act or activity for which a corporation 

may be organized under the Business Corporation Law provided 

that the corporation is nat formed to engage in any act or activity 

which requires the approval or consent of any state official, 

department, board, agency or ather body without such approval 

or consent first being obtained. 

THIRD: The office of the corporation in the State of New York is to be located in the county of Suffolk. 

FOURTH: The aggregate number of shares which the corporation shall have the authority to issue is 

200 without par value. 

FIFTH: The Secretary of State is designated as the agent of the corporation upon whom process against the 

corporation may be served. The post office address to which the Secretary of State shall mail a copy of 

any process against the corporation served upon him or her is: 

c/o The Corporation 

107 Beach 214 Street 

Breezy Point, NY 11697 

SIXTH: No director of the corporation shall be personally liable to the corporation or its shareholders for 

damages for any breach of duty in such capacity, except as otherwise provided by law. 

IN WITNESS WHEREOF, the undersigned has hereunto subscribed this certificate and affirmed it as true 

under the penalties of perjury. 

Dated: February 19, 2009 

1220000451 

Incorporator 

c/o Colby Attorneys Service Co., Inc. 

111 Washington Avenue, Suite 703 

Albany, NY 12210 
·D.C. 090220000 Y s-( 

CERTIFICATE OF INCORPORATION 

of 

EMPIRE FLIGHT INC. 

Under Section 402 of the Business Corporation Law 

FILED BY: 

Colby Attorneys Service Co.,.lnc. 

111 Washington Avenue, SUite 703 

Albany, NY 12210 

D.C. -08 

DRA WDOWNSI93J.600Z a3"13J3~ 

/ <:...<=-

STATE OF NEW YORK 

OEFARTMENJ Of STATE 

FiLED fEB 2 0 2009 

/ 0 '£.. fAX S ---r=::.r---_ dY: /(%5 

S u.-p.f= 

..... 

CI ROUTINE CJ SAMEDAY 

J4.. 24 HOUR Gc. Il)j t\)IiP 

S~:'1 VIA ., 

2 HOUR 

S-O f 
EXHIBIT A-3 
Entity Information 

NYS Department of State 

Division of Corporations 

Entity Information 

The information contained in this database is current through June 17,2011. 

Selected Entity Name: EMPIRE FLIGHT ACADEMY INC. 

Selected Entity Status Information 

Current Entity Name: EMPIRE FLIGHT ACADEMY INC. 

Initial DOS Filing Date: FEBRUARY 20, 2009 

County: SUFFOLK 

Jurisdiction: NEW YORK 

Entity Type: DOMESTIC BUSINESS CORPORATION 

Current Entity Status: ACTIVE 

Selected Entity Address Information 

Page I 01'2 

DOS Process (Address to which DOS will mail process if accepted on behalf of the entity) 

EMPIRE FLIGHT ACADEMY INC. 

107 BEACH 214 STREET 

BREEZY POINT, NEW YORK, 11697 

NONE 

Registered Agent 

This office does not record information regarding 

the names and addresses of officers, shareholders or 

directors of nonprofessional corporations except the 

chief executive officer, if provided, which would be 

listed above. Professional corporations must include 

the name(s) and addressees) of the initial officers, 

directors, and shareholders in the initial certificate 

of incorporation, however this information is not 

recorded and only available by viewing the 

certificate. 

*Stock Information 

# of Shares Type of Stock $ Value per Share 

200 No Par Value 

http://appext9.dos.state.ny.us/corp J1ublic/CORPSEARCH.ENTITY _INFORMA TION?p _'" 6/20/2011 
Enti ty Information Page 2 of2 

* Stock information is applicable to domestic business corporations. 

Name History 

Filing Date Name Type Entity Name 

MA Y 01,2009 Actual EMPIRE FLIGHT ACADEMY INC. 

FEB 20, 2009 Actual EMPIRE FLIGHT INC. 

A Fictitious name must be used when the Actual name of a foreign entity is unavailable for use in New 

York State. The entity must use the fictitious name when conducting its activities or business in New 

York State. 

NOTE: New York State does not issue organizational identification numbers. 

Services/Programs 

Search Results New Search 

Privacy Policy I Accessibility Policy I Disclaimer I Return to DOS 

Homepage I Contact Us 

http://appext9.dos.state.ny.us/corp ~ublic/CORPSEARCH.ENTITY _ INFORMA TION?p _." 6120/20 II 
EXHIBIT A-4 
Mr. Louis Misiano 

Aviation Safety Inspector 

Clyde Air Leasing, LLC 

117 The Helm 

East Islip, NY 11730 

Farmingdale Flight Standards District Office 

7150 Republic Airport 

Administration Building, Suite 23S 

Farmingdale, NY 11735 

Dear Mr. Misiano 

I am in receipt of your letter dated April 6, 2010 with regard to Aircraft N383CA. 

April 17, 2010 

This aircraft was on lease with Empire Flight Academy at Republic Airport for all of 2009. While I do not 

believe that a formal lease was executed, I can provide copies of all lease statements, repairs performed 

by Empire and related payments. 

Please advise what Information I can provide to aid in your review. 

Very truly yours 

C~\;:\11~~ 

Steven Hall 

Member 

rr , , , . i 

i 

L ..... 

' .• ~ 

1 
EXHIBIT A-5 
Monthly Leaseback Statement 

Aircraft: N383CA 

Owner: Clyde Air Leasing, LLC 

Month 

Total Revenue Hours Flown: 

Total Revenue: 

Tax on Revenue: 

Grand Total: 

EFA Commissions 

Tiedown: 

Oil: (Total Flight Time x .1 x $10/qt) 

Fuel Reinbursement 

Maintenance (February's bills, Inv #12794) 

Balance due on Inv 12794: $210.18 

March Maint Inv #12923 = $1515.00 

Maintenance (April's bill, Inv #13051) 

April Maint InV#13051 = $2480.93; 

applied $1279.78. Balance due on 

Inv 13051 = $1201.15 

Total due to owner: 

Thank you for your business. 

Sincerely, 

EF A Management 

//---~ ... ) 

( April, 200~// 

"'---~.&--' 3,821.68 

329.62 

4,151.30 

$0.00 
Empire Flight Academy 

Route 109 Republic Airport 

Hangar 3 

Farmingdale, NY 11735 

Tel: 631-777-5030 

F=~v' n~1_';Q4 .. n17' 

BILL TO: Clyde Air Leasing 

117 The Helm 

East Islip, NY 11730 

<, 

41R/2009 Maintenance Discrepancy Labor ~ Pilot reported 

vihrution on the Nose a~nr during landing. Removed 

the tire for inspection, found the main bolt loose and the 

bearing needed service. Serviced the bearing. Installed 

the Nose Gear. 

41191'2009 100 Hour Inspection 

4/1 '1121109 Thompson Oil Filter 

4/1912009 REM 38EChampion Spark Plugs 

4/1912009 Phillips 20WSO Mulll Grode Engine all 

41712009 Islip Avionics .. Gannin GTX-330 Ccrtitlcation 

I ('\h ,-, 

1 

20 

1 

8 

6 

1 

Date Invoice No. 

4/30/2009 GCA 13051 

E Tail Number Rep 

N383CA 

I O~"4 I C: •• h TI'\"'2' 

--;'001 --- . -~-. 

1 

70.00 

70,00 1,400.00 

26.00 26.00T 

32.51 260.08T 

10.00 60.00T 

635.00 635.00 

Sales Tax (8.625%) $29.85 

Total $2,480.93 

Terms: Due on receipt 
7:54 1M E npire Flight l\cademy 

OSlO 109 tern Quid Report Accr al Basis 

Date April2( 19 

Type ~!mo Oty Amount Tax 

: ervice 

• - N383CA 

w/CFI 

Invoice 0410512009 DA20 Rent; : N383CA (4.00) (496.00) 42.78 538.78 

Invoice 0412412009 DA20 Rent; : N383CA (1.40) (173.60) 14.97 188.57 

Invoice 0412512009 DA20 Rent : N383CA (1.60) (198.40) 17.11 215.51 

Invoice 0412812009 DA20 Rent : N383CA (1.70) (210.80) 18.18 228.98 

Invoice 0412912009 DA20 Rent, : N3B3CA (1.30) (161.20) 13.90 175.10 

Invoice 0413012009 DA20 Rent, : N383CA (1.60) (198.40) 17.11 215.51 

Total w, :FI (1,438.40) 

N3B3CI - Other 

Invorce 0410512009 OA 20 Rent I: N3B3CA (1.80) (223.20) 19.25 242.45 

Invoice 0410512009 DA 20 Rent I: N3B3CA (1.60) (198.40) 17.11 215.51 

Invoice 0410712009 DA 20 Rent I: N383CA (0.20) (24.80) 2.14 26.94 

Invoice 0410712009 DA 20 Rent I' N383CA (1.50) (167.40) 14.44 181.84 

Invoice 0410812009 DA20 Rent N3B3CA (0.60) (74.40) 6.42 80.82 

Invoice 0411012009 DA20 Rent N383CA (2.40) (297.60) 25.67 323.27 

Invoice 0411012009 DA20 Rent N383CA (2.00) (248.00) 21.39 269.39 

Invoice 04/1212009 DA20 Rent N383CA (1.90) (212.04) 18.29 23033 

Invoice 0411812009 DA20 Rent N383CA (1.00) (124.00) 10.70 134.70 

Invoice 0411812009 DA 20 Rent . N3B3CA (2.70) (334.80) 28.88 363.68 

Inv~ice 0411912009 DA 20 Rem I: N383CA (1.70) (210.80) 18.18 228.98 

Invoice 0412412009 DA 20 Rem I: N3B3CA (4.50) (558.00) 48.13 606.13 

Invoice 0412512009 DA 20 Rent I: N383CA (1.50) (186.00) 16.04 202.04 

Invoice 0412612009 DA 20 Rent I: N383CA (1.30) (161.20) 13.90 175.10 

Invoice 0412612009 DA 20 Renl I: N383CA (1.30) (161.20) 13.90 175.10 

Total N: 33CA - Other (3,181.84) 

Total N383( ~ (4,620.24) 

'tal Service (37.60) (4,620.24) 5,018.74 

age 1 011 
Monthly Leaseback Statement 

Aircraft: N383CA 

Owner: Clyde Air Leasing, LLC 

Month 

Total Revenue Hours Flown: 

Total Revenue: 

Tax on Revenue: 

Grand Total: 

EFA Commissions 

Tledown: 

Oil: (Total Flight Time x .1 x $10/qt) 

Fuel Reinbursement 

Maintenance Inv #13321 

Maintenance Inv #13051 

Total on 13051 = $2451.08. Balance due = $1201.15 

Maintenance Inv #13052 

Balance due = $2498.75 (Inv from N478DC) 

Fuel Bill: Inv #13140 

Total due to owner: 

Thank you for your business. 

Sincerely. 

EF A Management 

-'/"'---'-'-'-'~"'-... 

(~J\IIay, 200~j 51.9 

6,297.30 

543.14 

6,840.44 

$602.32 
2:04 PM Empire Flight Academy 

06108109 Item QuickReport Accrual Basis 

Type Date May 2009 

Num Qty Amount Tax GT 

Service - N383CA 

w/CFI 

Invoice 05/0212009 GCA 13046 (1.00) (89.00) 7.68 96.68 

Invoice 0510612009 GCA 13062 (3.30) (368.28) 31.76 400.04 

Invoice 0510812009 GCA 13073 (1.00) (99.00) 8.54 107.54 

Invoice 0510912009 GCA 13074 (1.00) (99.00) 8.54 107.54 

Invnice 0510912009 GC.A.13076 (1.(0) (99.00) 8.54 107.54 

Invoice 0511112009 GCA 13087 (1.40) (173.60) 14.97 188.57 

Invoice 0511112009 GCA 13090 (1.00) (99.00) 8.54 107.54 

Invoice 0511212009 GCA 13091 (1.00) (99.00) 8.54 107.54 

Invoice 0511212009 GCA 13092 (1.00) (99.00) 8.54 107.54 

Invoice 0511212009 GCA 13099 (1.20) (148.80) 12.83 161.63 

Invoice 0511312009 GCA 13114 (1.00) (99.00) 8.54 107.54 

Invoice 0511512009 GCA 13126 (1.00) (99.00) 8.54 107.54 

Invoice 0511812009 GCA 13146 (1.30) (161.20) 13.90 175.10 

Invoice 05/19/2009 GCA 13149 (1.00) (99.00) 8.54 107.54 

Invoice 0512012009 GCA 13155 (1.00) (99.00) 8.54 107.54 

Invoice 0512012009 GCA 13159 (1.00) (99.00) 8.54 107.54 

Invoice 0512212009 GCA 13170 (1.00) (124.00) 10.70 134.70 

Invoice 0512512009 GCA 13190 (2.00) (198.00) 17.08 215.08 

Invoice 0512512009 GCA 13193 (2.90) (359.60) 31.02 390.62 

Invoice 0512612009 GCA 13199 (1.90) (235.60) 20.32 255.92 

Invoice 05/3012009 GCA 13211 (1.40) (173.60) 14.97 188.57 

Invoice 0513012009 GCA 13218 (1.00) (99.00) 8.54 107.54 

Invoice 05/3012009 GCA 13218 (0.30) (37.20) 3.21 40.41 

Invoice 05/3112009 GCA 13234 (1.90) (235.60) . 20.32 255.92 

Totalw/CFI (3.492.48) 

N383CA - Other 

Invoice 05103/2009 GCA 13047 (1.00) (124.00) 10.70 134.70 

Invoice 05/0612009 GCA 13057 (1.10) (136.40) 11.76 148.16 

Invoice 0510512009 GCA 13063 (1.00) (111.60) 9.63 121.23 

Page 1 of 2 
2:04 PM Empire Flight Academy 

06mBI09 Item QuickReport Accrual Basis 

Type Date May 2009 

Num Qty Amount Tax GT 

Invoice 05/13/2009 GCA 13112 (1.00) (124,00) 10,70 134.70 

Invoice 05/1712009 GCA 13133 (1.00) (99.00) 854 10754 

Invoice 05/2012009 GCA 13152 (1.40) (173.60) 14,97 188.57 

Invoice 05123/2009 GCA 13172 (2.20) (272.80) 23,53 296.33 

Invoice 05/23/2009 GCA 13175 (1.00) (99.00) 854 10754 

Invoice 05/2312009 GCA 13178 (1,20) (148,80) 12.83 161.63 

Invoice 05125/2009 GCA 13194 (1,00) (99,00) 854 10754 

Invoice 0512612009 GCA 13198 (1.00) (99.00) 854 107.54 

Invoice 05/30/2009 GCA 13207 (1.20) (148.80) 12,83 161.63 

Invoice 05/3012009 GCA 13209 (1,00) (99,00) 854 107,54 

Invoice 05/3012009 GCA 13216 (1,00) (99,00) 854 107.54 

Invoice 05/3112009 GCA 13220 (1,10) (136.40) 11,76 148.16 

Invoice 05/3112009 GCA 13221 (1.00) (99.00) 8.54 10754 

Invoice 05/3112009 GCA 13228 (1.10) (136.40) 11.76 148.16 

Invoice 05/31/2009 GCA 13232 (1,00) (99.00) 854 10754 

Total N383CA - Other ..£2.04.80) 

Total N383CA (5,797.28) 

Total Service (5,797.28) 

TOTAL (51.90) .(5,79728) $ 6,297.30 

Page 2 012 
I 

~iiPJB* 

Empire Flight Academy 

RoutE! 109 Republic Airport 

Hangar 3 

Farmingdale, NY 11735 

BILL TO: Clyde Air Leasing 

117 The Helm 

East Islip, NY 11730 

Item Description 

50 Hour Service 50 1·lour Service 

Maintenance Found missing nul on # I Cylinder. Replaced 

with new nut. Painted prop. 

Parts DA 20 Engine Manuals 

ShirrIng. & Handling Shipping and Handling 

Sales Tax 

Tel: Fax: Web Site 

631-777-5030 631-694-0172 www.empireflightacademy.com 

Qty 

5 

1 

1 

1 

INVOICE 

Date Invoice No. 

5/31/2009 GCA 13321 

Tail Number Rep 

N383CA 

Rate Sub Total 

70.00 350.00 

70.00 70.00 

67.60 67.60T 

2.65 2.65 

8.625% 5.83 

Subtoull $490.25 

Payments/Credits $0.00 

Balance Due . $496.08 

Total $496.08 

Customer Total Balance $8,619.61 
~~ 

Empire Flight Academy 

Route 109 Republic Airport 

Hangar 3 

I 

Farmingdale, NY 11735 

BILL TO: Clyde Air Leasing 

117 The Helm 

East Islip, NY 11730 

Item Description 

Maintenance Discrepancy M;linlcnancc Discrepancy Labor - Pilot 

reported vibration on the Nose Gear during 

landing. Removed the lire ror inspection, found 

the main boll loose and the bearing needed 

service. Serviced the bearing. Installed the 

Nose Gear. 

IO() Iiour Inspection 100 Hour Inspection 

AMHI08 Thompson Oil Filter 

REM 381£ REM 38EChampion Spark Plugs 

Phillip!>. 20W50 Multi Grud ... Phillips 20W50 Multi Grado Engine Oil 

Maintenance Discrepancy Islip Avionics - Garmin OTX-330 Certification 

Sales Tax 

Tel: Fax: Web Site 

631·777·5030 63 1·694·0 172 www,cmpireflightacademy,com 

Qty 

1 

20 

1 

a 

6 

1 

INVOICE 

Date Invoice No. 

4/30/2009 GCA 13051 

Tail Number Rep 

N383CA 

Rate Sub Total 

70.00 70.00 

70.00 1,400.00 

26.00 26.00T 

32.51 260.0aT 

10.00 60.00T 

635.00 635.00 

8.625% 29.a5 

Subtot!1I $2.451.08 

Payments/Credits $·1.279.78 

Balance Due " '.' $1,201.15 

Total $2,480.93 

Customer Total Balance $8.619.61 
~", 

Empire Flight Academy 

Route 109 Republic Airport 

Hangar 3 

I 

Farmingdale, NY 11735 

BILL TO: Clyde Air Leasing 

117 The Helm 

East Islip, NY 11730 

Item Description 

Fuel N.lH.lCA N38JCA Fuel Purchase 

I'ucl N383CA N38JCA Fuel Purchase 

Fuel N38JCA -N383CA Fuel Purchase 

I'uel N38JCA N383CA Fuel Purchase 

Fuel N.l83CA N383CA Fuel Purchase 

Fuel N.l8JCA N383CA Fucl Purchase 

ruc] N3RJCA NJ83CA Fuel Purchase 

Fuel 7'lJR~CA N38JCA Fuel Purchase 

Fu.1 N.l83CA N383CA Fuel Purchase 

Fucl N)83CA N38JCA Fuel Purchase 

Federal Excise Taxes Federal Excise Tax up until 5/12 

Federal Excise Taxes Federal Excise Tax 5/13 and on 

Sales Tax 

Tel: Fax: Web Site 

031·777·5030 631·694·0172 www.empireflightacademy.com 

Qty 

lOA 

8.8 

14.2 

4.3 

3.3 

8.2 

8.5 

4.2 

12.1 

17.5 

61.9 

29.6 

INVOICE 

Date Invoice No. 

5/18/2009 GCA 13140 

Tail Number Rep 

N4780C 

Rate Sub Total 

4.27 44.41 

4.27 37.58 

4.27 60.63 

4.27 18.36 

4.27 14.09 

4.27 35.01 

4.27 36.30 

4.27 17.93 

4.62 55.90 

4.62 80.85 

0.33 20.43 

0.36 10.66 

8.625% 0.00 

Subtotal $432.15 

Payments/Credits $0.00 

Balance Due ,.' $432.15 

Total $432.15 

Customer Total Balance $8,619.61 
Monthly Leaseback Statement 

Aircraft: N383CA 

Owner: Clyde Air Leasing, LLC 

Month 

Total Revenue Hours Flown: 

. Total Revenue: 

Tax on Revenue: 

Grand Total: 

EFA Commissions 

Tiedown: 

Oil: (Total Flight Time x .1 x $10/qt) . 

Fuel Relnbursement 

Maintenance Inv 13588 

Fuel Bill: Inv #13249 

Fuel Bill: Inv #13330 

Fuel Bill: Inv #13489 

Total due to owner: 

Thank you for your business. 

Sincerely, 

EFA Management 

-----.. ---, 

- ~ - - .- ) 

( June, 20~~~~~/' 

-- 55:.&"' 

6,344.50 

362.53 

6,707.03 

1,268.90 

190.00 

55.50 

2,537.17 

757.48 

414.17 

647.83 
2:46PM Empire Flight Academy 07/16109 

Accrual Basis Item QuickReport 

Type Date N June2009 

urn . Qty Amount Tax GT 

Service - N383CA 

w/CFI 

Invoice 0610712009 GCA 13282· (1.50) (186.00) 16.04 202.04 

Invoice 06l08I2009 GCA 13287 (0.90) (111.60) 9.63 121.23 

Invoice 0611512009 GCAl3328 (1.30) (161.20) 13.90 175.1D 

Invoice 0611712009 GCA 13351 (1.70) (210.80) 18.18 228.98 

Invoice 0611912009 GCA 13367 (1.10) (136.40) 11.76 148.16 

Invoice 0611912009 GCA 13372 (0.90) (111.60) 9.63 121.23 

Invoice 0612212009 GCA 13382 (1.10) (136.40) 11.76 148.16 

Invoice 0612712009 GCA 13414 (2.00) (248.00) 21.39 269.39 

Invoice 0612712009 GCA 13416 (1.00) (99.00) 99.00 

Invoice 0612712009 GCA 13417 (1.00) (99.00) 99.00 

Invoice 0612712009 GCA 13419 (1.00) (99.00) 99.00 

Invoice 0612712009 GCA 13496 (1.00) (99.00) 99.00 

Invoice 0612912009 GCAl3434 (2.00) (248.00) ·21.39 269.39 

Invoiqe 0612912009 GCAl3436 (1.60) (198.40) 17.11 215.51 

Invoice . 0612912009 GCA 13436 (0.80) (99.00) 99.00 

Invoice 0612912009 GCA 13439 (1.00) (99.00) 99.00 

Invoice 06l30I2009 GCAl3449 (0.90) (111.60) 9.63 121.23 

Invoice 0613012009 GCA 13454 (1.40) (173.60) 14.97 188.57 

Totalw/CFI (2.627.60) 

N383CA -Other 

Invoice 0610612009 GCA 13258 (lAO) (173.60) 14.97 188.57 

Invoice 06I06J2009 GCA 13261 (1.00) (99.00) 99.00 

Invoice 0610612009 GCA 13269 (1.10) (136.40) 11.76 148.16 

Invoice 0610712009 GCA 13271 (1.50) (148.50) 12.81 16131 

Invoice 0610712009 GCA 13274 (1.00) (99.00) 99.00 

Invoice 0610712009 GCA 13276 . (1.30) (161.20) 13.90 175.10 

Invoice 0610712009 GCA 13279 (1.20) (148.80) 12.83 161.63 

Invoice 0611212009 GCA 13301 (1.90) (235.60) 20.32 ·255.92 

Invoice 0611312009 GCA 13303 (1.00) (99.00) 99.00 

Page 1 of2 
2:46PM Empire Flight Academy 07/16109 

Accrual Basis Item QuickReport 

Type Date N June 2009 

urn 

- Qty Amount Tax GT 

Invoice 0611312009 GCA 13309 (1.20) (148.80) 12.83 161.63 

Invoice 0611312009 GCA 13310 (1.00) (99.00) 99.00 

Invoice 0611312009 GCA 13311 (1.00) (SS.OO) 99.00 

Invoice 06I14J200S GCA 13317 (1.00) (99.00) 99.00 

Invoice 06I161200S GCA 13337 (1.00) (99.00) 99.00 

Invoice 0611712009 GCA13346 (1.10) (136.40) 11.76 148.16 

Invoice 0611712009 GCA13347 (1.00) (SS.OO) 99.00 

Invoice O6I17I2OOS GCA13349 (1.00) (124.00) 10.70 134.70 

Invoice 0611712009 GCA 13350 (1.00) (S9.00) 99.00 

Invoice 0611712009 GCA 13497 (1.30) (161.20) 13.90 175.10 

Invoice 0612312009 GCA 13390 (1.00) (99.00) 99.00 

Invoice 0612412009 GCA 13396 (1.40) (173.60) 14.97 188.57 

Invoice 0612412009 GCA 133S8 (1.40) (173.60) 14.97 188.57 

Invoice O6I25I200S GCA 13403 (1.00) (99.00) 99.00 

Invoice O6I25I200S GCA13406 (1.00) (99.00) 99.00 

Invoice O6I281200S GCA 13424 (0.50) (62.00) 62.00 

Invoice O6I281200S GCA13426 (1.00) (99.00) 99.00 

Invoice 0612812009 GCA13428 (0.70) (86.80) 7.49 94.29 

Invoice 0612812009 GCA 13430 (1.00) (99.00) 99.00 

Invoice 0612812009 GCA13431 (1.00) (S9.00) 99.00 

Invoice 06J30I2009 GCA13443 (1.30) (161.20) 13.90 175.10 

Total N383CA - Other (3,716.70) 

Total N383CA (6,344.30) 

Total Service (6,344.30) 

TOTAL .. (6,344.30) $ 362.53 

Page 2of2 
Empire Flight Academy 

Route 109 Republic Airport 

Hangar 3 

Farmingdale, NY 11735 

Customer 

Clyde Air Leasing 

117 The. Helm 

East Islip, NY 11730 

Description 

N383CA Leaseback Due to Owner 

Sales Tax Due to Owner 

Sale. Tax 

Qty 

Credit Memo 

Date Credit No. 

P.O. No. Project 

Rate Amount 

6,344.50 -6,344.50 

362.53 -362.53 

8.625% 0.00 

Total $-6,707.03 

Invoices $6,707.03 

Balance Credit $0.00 
Customer:Job 

Credit Dot. 

Credit No. 

Memo 

Clyde Air Leosing, LLC. 

06/30/2009 

•. GG4JJ68~· .. • ,,'. , >.:r.',. ~,' ',. I • 

Invol ••• Credit.d 

Type Dat" Number 

Invoice 06/03/2009 

Invoice 06/16/2009 

Invoice 06130/2009 

Invoice 06/30/2009 

Invoice 06/30/2009 

Credit Memo History 8125/2009 3 :04 PM 

Credit Amount $6,707.03 

Amount Credit Balan •• 

-$757.48 $5,949.55 

-$414.17 $5,535.38 

-$647.83 $4,887.55 

-$2,537.17 $2,350.38 

-$1,514.40 $835.98 

Pagel 
Empire Flight Academy 

Route 109 Republic Airport 

Hangar 3 

Farmingdale, NY 11735 

Bill To 

Clyde Air Leasing 

117TheHeIm 

East Islip, NY 11730 

Data Description 

5116/2009 N383CA Fuel Purchase 

5/17/2009 N383CA Fu.l Purchase 

5/18/2009 N383CA Fuel Purchase 

5/21/2009 N383CA Fuel Purchase 

5/22/2009 N383CA Fuel Purchase 

5/23/2009 N383CA Fuel Purchas. 

5/23/2009 N383CA Fuel Purchase 

5/25/2009 N383CA Fuel Purchase 

5/25/2009 N383CA Fuel Purchase 

5/26/2009 N383CA Fuel Purchase 

5/26/2009 N383CA Fuel Purchase 

5/30/2009 N383CA Fuel Purchas. 

5/30/2009 N383CA Fuel Purchase 

5/30/2009 N383CA Fuel Purchase 

513112009 N383CA Fuel Purchase 

5/3112009 N383CA Fuel Purchase 

Federal Excise Tax 

Sales Tax 

Quantity 

Invoice 

Tenns 

DUe on receipt 

Rata Amount 

10.2 4.62 47.12 

4.8 4.62 22.18 

5.6 4.62 25.87 

19 4.62 87.78 

5 4.62 23.10 

10.8 4.62 49.90 

8.6 4.62 39.73 

9 4.62 41.58 

14.5 4.62 66.99 

5.6 4.62 25.87 

8.2 4.62 37.88 

10.5 4.69 49.25 

6.1 4.69 28.61 

10 4.69 46.90 

10.5 4.69 49.25 

13 4.69 60.97 

151.4 0.36 54.50 

8.625% 0.00 

Total $757.48 
Empire Flight Academy 

Route 109 Republic Airport 

Hangar 3 

Farmingdale, NY 11735 

Bill To 

Clyde Air Leasing 

117 The Helm 

East Islip, NY 1\ 730 

Date Description 

6/6/2009 N383CA Fuel Purchase 

6/6/2009 N383CA Fuel Purchase 

61712009 N383CA Fuel Purchase 

6/712009 N383CA Fuel Purchase 

61812009 N383CA Fuel Purchase 

6/13/2009 N383CA Fuel Purchase 

6113/2009 N383CA Fuel Purchase 

6/14/2009 N383CA Fuel Purchase 

6/15/2009 N383CA Fuel Purchase 

Federal Excise Tax 

Sales Tax 

Quantity 

9.8 

5.9 

14.2 

12 

4.1 

11.8 

9.6 

6.7 

5.6 

79.7 

Invoice 

6/16/2009 

Tenns 

Due on receipt 

Rate Amount 

4.77 46.75 

4.77 28.14 

4.77 67.73 

4.77 57.24 

4.77 19.56 

4.88 57.58 

4.88 46.85 

4.88 32.70 

4.88 27.33 

0.38 30.29 

8.625% 0.00 

Total $414.17 
'Empit~ FlightAcademy 

Route 109 Republic Airport 

Hangj;lr 3 

, Farmingdale, NY 11735 

• Tel: 631-777-5030 

BILL TO: Clyde Air Leasing 

117 The Helm 

East Islip, NY 11730 

Item Serviced Description 

Maintenance Di... 61212009 Maintenance Discrepancy Labor: Removed NLG Elastomoric 

Pack and inspected. Found Elastomorics worn and 1 metai 

spacer worn. Ordered parts. 

Maintenance DJ... 6/4/2009 Removed and replaced NLG tire and lobe assy. Removed and 

replaced NLG Fork Assy including new hardware. Removed 

and replaced NLG shock absorber rubber dwnpners with 4 

new spacers and hardware (rivets) 

OIN9835-50x2 ... 6/4/2009 Rubber Ownpner - Shock Absorber 

20-3220-05-03 6/412009 Spacer 

041-3223-20-02 6/4/2009 Washer 

MS21083N7 6/4/2009 Nut 

BSPQ43 6/4/2009 Rivets 

Parts 6/41200~ Cotter Pin 

20-3220-08-00 6/4/2009 ForkAssy 

Good Vear Tire 6/4/2009 Good Vear Tire: 500-4 6 Ply 

Tobe50Ox4 6/4/2009 50Ox4 inner tube 

Shipping & H"l" 6/412009 Shipping and Handling 

: 

Maintenance 01 ... 6/25/2009 Maintenance Discrepancy Labor: Found Window Scoop 

BrokenlMissing LIH and RIB. Removed and Replaced LIH 

and RIB window Scoops 

301-12-0078 6/25/2009 OA-20 Storm Window 

Shipping & Ha. .. 6125/2009 Shipping and Handling 

Discount 6/3012009 Discount on Parts 

Page 1 

INVOICE 

Date Invoice No. 

6/30/2009 

Tail Number Rep 

N383CA 

Qty Rate SubTotal 

2 70.00 140.00 

5.S 70.00 385.00 

, 

10 16.77 167.70T 

4 36.19 144.76T 

1 13.85 13.85T 

1 2.31 2.31T 

4 0.55 2,20T 

1 0.50 0.50T 

1 1,264.43 1,264.43T 

1 200.00 200.00T 

1 50.00 50.00T 

16.17 16.17 

0.5 70.00 35.00 

2 211.15 422.30T 

10.00 10.00 

-427.38 -427.38 

Sales Tax (8.625%) 

Total 

Terms: Due on receipt 
.' Empire Flight Academy 

Route 109 Republic Airport 

Hangar 3 

. Farmingdale, NY 11735 

, Tel: 631-777-5030 

BILL TO: Clyde Air Leasing 

117 The Helm 

East Islip, NY 11730 

Item Serviced 

Discount 6/3012009 Discount on Labor 

Description 

. 

Page 2 

INVOICE 

Date Invoice No. 

6/30/2009 GCA 13588 

Tail Number Rep 

N383CA. 

Qty Rate Sub Total 

-56.00 -56.00 

Sales Tax (8.625%) $166.33 

Total $2,537.17 

Terms: Due on receipt 
Iill 

•

Diamond 

AIRCRAFT 

-.Dlamond Aircraft Industries Inc. 

1560 Crumlln Side road 

London, Ontario N5V 152 

'0; EMPIRE FLIGHT ACADEMY 

Republic Airport 

Route 109, Hanger 3 

Farmingdale, NY 11735 

USA 

Ray Torres, Jr 

Fed. Tax No. 264429952 

Ship Via 

Ship Date 

Due Date 

Terms 

ItemlDescrlptlon 

MS21044N7 

Free on Board London 

06/03/09 

06/03/09 

Credit Card 

Parts Phone: (519) 457-4051 

Parts Fax: 1-800-934-3519 

NR Inquiries: (519) 457-4025 

GST No. 138048400RTOOOl 

INVOICE 

Invoice Number: 81095525 

I 

Orla HS. 

7318180010 

I nvoice Date: 06/03/09. 

Page: 1 

Ship ,.-----------------, 

To: EMPIRE FLIGHT ACADEMY 

Republic Airport 

Route 109, Hanger 3 

Farmingdale, NY 11735 

USA 

Ray Torres, Jr 

Customer 10 Cl1797 

P.O. Number 622009CA 

P.O. Date 

Our Order No. 

SalesPerson 

06/02/09 

50091645 

David Stollar 

Quantity 

Unit OrderQty Shipped Unit Price! '" it Total Price 

EAC 4 4 1.68 \,\\1 S~ 6.72 

NUT, SELF-LOCKING, STEEL .4375-20UNJF-3B , HRE~D I 

AN7-62A us 7318190000 EAC 2 2 33.66 2..'0\ 67.32 

Bolt I , 

DIN9835-50X20 . \) ~(7ri t~-tf A- ! 614- 8803200000 EAC HI -~.-t6' W:,,:' Uf '·'.,f'· . ,nn, IlIU, I 1-' LiUlIV 

Rubber, 50mm x 20mm 70 Shore • 

A'J.., 

, 20-3220-08-00 . ~~~(1 (I.~J olA- EAC 

, 1 ·1 CA 8803300000 .1 ..l!.: '. , . - l~· ..... , ' .~~. 1:'1-·' , 

Revision /'02.: Fork Assy, NLG, 5.00 x 4 Tire I 

AN5-30A ,EAC 2 2 4.57 'lhl 9.14 

;: 

, Bolt , 

MS21044N5 17318180010 LEAC 1 2 2 1.03 1,01 2.06 

, Nut, Self·Locklng 1 

Transferred to page 2 ................................ .. 1,225.78 

A.~~~~ ~/ 
.• Diam!llJf!. Parts Phone: (519) 457-4051 

Parts Fax: 1-800-934-3519 

AIR Inquiries: (519) 457-4025 

GST No. 138048400RT0001 

INVOiCE 

Invoice Number: 51095525 

II 

>-Qiarnond Aircraft Industrtes Inc. 

1560 Crumlin Sideroad 

London,Ontarto N5V 152 

1: EMPIRE FLIGHT ACADEMY 

Republic Airport 

Route 109, Hanger 3 

Farmingdale, NY 11735 

USA 

Ray Torres, Jr I Fed. Tax No. 264429952 

Ship Via 

Ship Date 

Due Date 

Terms 

ItemlCeacrlptlon 

Free on Board London 

06103109 

06103109 

Credit Card 

I I 

IOrIgIHSIII 

~~1~~;~~~::O; pag.1 .... · .... 0iQf\'N):\&~·;~;·~~~oo· 

Revision -: Washar I, NLG Damper Assy 

I nvoice Date: 06103109 

Page: 2 

Ship r----------------, 

To: EMPIRE FLIGHT ACADEMY 

Republic Airport 

Route 109, Hanger 3 

Farmingdale, NY 11735 

USA 

Ray Torres, Jr 

Customer 10 C11797 

P.O. Number 622009 CA 

P.O. Date 

. Our Order No. 

06102109 

SD091645 

SalesPerson David Stollar 

Quantity 

Unit OrderQty Shipped Unit Price Total Price 

1,225.78 

EAC -L ,... .. 1 . \1.«,1;>10.65'; 4.~2:.1a.65i 

MS:t1063N7 VsM\ lOlA Nl( us . 8803300000 I EAC If. 2 1.25 "l...'?.\ 2.50 j 

Nut. Hex, 0.4375·20 UNF Steel, Cad Plated, Low I roftl 

20-3220:0-5~o3 \j~a. t \) if). ~ , 

Revision F: Spacer, Shock Absorber, Fbnned 

20-3220-01-05 

Revision AI: Bushing, ,Pivot, Wheel 

AN960C516 

Washer, Flat 

Sales, Shipping - USA 

Amount Subject to 

Sales Tax 

0.00 

Amount Exempt 

, from Saies Tax 

1,459.86 

CA 

us 

8803200000. EAC --4-

8S03300000 EAC 2 

8803300000 EAC 2 

EAC 1 

.---'-~-- '" 4 " '!J\9.~ ·27,64 

2 25.80 

2 0.15 

1 57,87 

Subtotal: 

Illvoic& Discount: 

Total Tax: 

1;\(v t1't.~C . 

2..; \ 51.60 

'2,.";) \ 0.30 

57.67 

1,459.86 

(11)(1 

0,00 

Total: 1,459.86 

USC 

Please return defective parts within 30 days for credit. 
.Diam.£!:'J!. Parts Phone: (519) 457-4051 

Parts Fax: 1-800-934-3519 

AIR Inquiries: (519) 457-4025 

GST No. 138048400RTOOOl 

INVOICE 

Bill 

Diamond Aircraft Industries Inc. 

1560 Crumlln Sideroad 

London, 'Onlarl" NoV 1 82 

To: EMPIRE FLIGHT ACADEMY 

Republic Airport 

Route 1 09, Hanger 3 

Farmingdale, NY 11735 

USA 

Ray Torres, Jr 

Fed. Tax No. 264429952 

Ship Via 

Ship Date 

Due Date 

Terms 

Free on Board London 

06/04109 

06104109 

Credit Card 

...... .. "'~ . ...... 

ItemiDescrlptlon I 

5MB003-0200-9 \)~~o. \ \1\~ be, 

Isolator, Vibration 

BSPQ43"", 

Rivet, Ch~ ry, Pop, 1-81n Dla .125 -.187 Grip, .3371 

Sales, Shlppl ~g - USA 

, 

U81d 

Amount Subject to 

Sales Tax 

0.00 

4 Dh lo/4 CA 

Amount Exempt 

from Sales Tax 

136.56 

.. 

Orlg H8. 

us 

7818108080 

Len lIh 

Invoice Number: 51095538 

Invoice Date: 06/04/09 

Page: 1 

Ship ,-----------------, 

To: EMPIRE FLIGHT ACADEMY 

Republic Airport 

Unit 

EAC 

EAC 

EAC 

Route 109, Hanger 3 

Farmingdale, NY 11735 

USA 

Ray Torres, Jr 

Customer iD 

P.O. Number 

C11797 

P.O. Date 

Our Order No. 

SalesPerson 

06/03/09 

SD091677 

Christine Gajewski 

" ' Quantity' ' .. 

OrderQty ShIpped Unit Price 

1--$ 3 25.61 

I I 

fl5 25 q5 ~t,"t':42 

/ 7 

/ 1 1 / 49.23, 

/ Arc ' onSubtotal: 

Invoice Discount: 

Total Tax: 

Total: 

Total PrIce 

76.63 

10.50 

49.23 

I \("II "DO 

\. \UI v 

J.~1t.,~ 

136.56, 

0.00 

C.Uy 

136.56 

USD 

Please return defective parts within 30 days for credit. 
lid To: 

IIIPIRE FLIGHT ACADEMY 

)UTE 109 

:PUBLIC AIRPORT 

~NGAR3 

\RMINGDALE, NY 11735 

lnfinn To: DAVE 

J&tomerP.O. 

WID 

,mNumber 

10\4'6 PLY: ' 

ShlDVIA 

GROUND 

Rift tuBE TYPE(009-530) 

·J600-66AH 

AIRHAWK 

, 

... ..,. ................ WI...,." ,.,. ............ , _ .. __ • _ 

MEMPHIS, TN 38108 

Toll free: (800) 241-8473 Local: (323) 721-4900 

FAX: (323) 721-7888 

, E-Mail: !l.l'leS@doB8er.com Website: www.deoser.com Order Data: 06/17/2009 

Order Number: 0380409 

Picking Sheet Customer Numbsr: 7777447 

(631\ 777-2514 

: C.O.D. Total 

$456,33 

Ordered Shippe\l 

1 -;,-----

Salesperson: AA 

Ship To: 

EMPIRE FLIGHT ACADEMY 

TOUTE109 

REPUBLIC AIRPORT HANGAR 3 

ONE COD MEMPHIS ONL YI 

FARMINGDALE, NY 11735 

Tenns 

C.O.D. 

Backordered Price 

8jabBeaUan 

Amount 

221.01 

Bnlnd: GOODYEAR Part#: 504C61-2 

221.01 

Bin: B01 

1 -;-, ---- 75.44 

B~nd: STA Part#: ,AB5F4 

75.44 

Bin: AM , 

.. Any claims for shipping errors, shortages or 

damages must be madewilh 48 hours of receipt .. 
DESSER TIRE & RUBBER CO., INC. Page: 1 

3400 CHELSEA AVENUE, BLDG. B 

MEMPHIS, TN 38108 

Toll Free: (800) 247041473 Local: (323) 721-4900 

FAX: (323) 721-7888 

E-Mail: sales@dasser.com Website: www.desser.com Order Date: 07/1712009 

Order Number: 0382477 

Picking Sheet customer Number: 6940123 

Sold To: 

EMPIRE AIRWAYS 

ROUTE 109 HANGAR 3 

REPUBLIC AIRPORT 

FARMINGDALE, NY 11735 

ConfinnTo: 

Customer P.O. 

DAVE 

ShlD VIA 

GROUND 

(631) 777-2514 

C.O.D. Total 

Salesperson: M 

ShIp To: 

EMPIRE AIRWAYS 

ROUTE 109 HANGAR 3 

REPUBLIC AIRPORT 

FARMINGDALE, NY 11735 

Tenns 

C.O.D. 

Item Number Ordered Shipped Backorderad Price 

TU 600-5GY 2 

TUBE Brand: GOODYEAR Part#: TR-67 STEM 

TU5004AC 1 

INNER TUBE· Brand: AERO CLASSPart#: TR-67 STEM 

TIRETALC 2· ----- 1 OZ. ~ Brand: PACKAGE Part#: 

. SHIP COD, ADD SHIPPING & COD CHARGES TO TOTAL I 

Certificate of Conformance 

65.54 

Bin:. WAL,L19 

75.67· 

Bin: WALL31 

0.00 

Bin: 

Amount 

131.08 

75:67 

0.00 

:r TIIll and Rubber Co. here.by states that the item(s) purchased on tho above invoice number and purchase order order have been 

oted and/or tested by us and/or the manufacturer, and confonns to the approved spc.cificatioD relative to that item/siZe. This has been 

antiated either by our own inspection or by satisfilctory documenlluy evidence from the original source of supply. Except as 

I above, there are no gaurantees ofWllJTllllties of merchantability, fitness, or pertbrmauce. _ Inlhony Zaragoza 

•• Any claims for shipping arrors, shortages or 

damages must be made With 48 hours of receipt •• 
"'~Diamond Parts Phone: (519) 457-4051 ' 

Parts Fax: 1-800-934-3519 

NR Inquiries: (519) 457-4025 

GST No. 138048400RT0001 

INVOICE 

ill 

"T AIRCRAFT , 

'Diamond Aircraft Industries Inc. 

1560 Crumlin Sideroad 

London, Ontario N5V 1 S2 

0: EMPIRE FLIGHT ACADEMY 

Republic Airport 

Route 109, Hanger 3 

Farmingdale" NY 11735 

USA ' 

Ray Torres, Jr 

Fed. Tax No. 264429952 

Ship Via 

Ship Date 

Due Date 

Terms 

Free on Board London 

06/19/09 

06/19/09 

Credit Card 

-, ....... , , . .... 

Item/Description 

08231 

Race, MLG For Bearing 08125 see ~231 

301.12.0078. \)SQi). \ Q\'2S eAEnlarged Scoop for Window, RH DA20 C1, Tinted 

Sales, Shipping - USA 

Amount Subject to 

Sales Tax 

0.00 

Amount Exempt 

fro'm Sales Tax 

384.72 

.. ... 

Orlg HS# 

CA 8803300030 

CH 8a03300000 

rey 

Invoice Number: 51095860 

Invoice Date: 06/19/09 

Page: 1 

Ship .---------------------; 

To: EMPIRE FLIGHT ACADEMY 

Republic Airport 

Route 109, Hanger 3 

Farmingdale, NY 11735 

USA 

Ray Torres, Jr 

Customer 10 C11797 

P.O. Number 6162009MA-CA 

P.O. Date 06/18/09 

Our Order No. SD091969, 

SalesPerson Darlene Laur 

Quantity 

Unit' OrderQty Shipped Unit Price 

EAC 2 2 22.05 

EAC 2 2 162.42 

EAC 1 1 15.78 

Subtotal: 

Invoice 'Discount: 

Total Tax: 

Total: 

S-lj1 

--Total Price 

5.1"b 44,10 

ID ,00324.84 

15.78 

384.72 

0.00 

0.00 

384.72 

USD 

Please return defective parts within 30 days for credit. 
Empire Flight Academy 

Route 109 Republic Airport 

Hangar 3 

Farmingdale, NY 11735 

BILL TO: Clyde Air Leasing 

117 The Helm 

East Islip, NY 11730 

Item Description 

EF A Commission EFA Commission 

Tie Down Tie Down 

Oil Usage Oil (total time x .lqt/hrx $10/qt) 

Sales Tax 

I 

Tel: Fax: Web SHe 

631·777·5030 631·694·0172 www.emplreflightacademy.com 

Qty 

INVOICE 

Date 

6/30/2009· 

Tail Number Rep 

N383CA 

Rate Sub Total 

1,268.90 1,268.90 

190.00 190.00 

55.50 55.50 

8.625% 0.00 

Subtotal $1,514.40 

Payments/Credits $·1,514.40 

Balance Due $0.00 

Total $1,514.40 

Customer Total Balance $9,365.50 
EXHIBIT A-6 
U.S. DEPARTMENT OF TRANSPORTATION 

OFFICE OF HEARINGS 

WASHINGTON, D.C. 

IN THE MATTER OF 

EMPIRE FLIGHT ACADEMY 

FDMS No. FAA-2010-0290 

AFFIDAVIT OF LOUIS MISIANO 

I, Louis Misiano, hereby state under penalty of perjury as follows: 

I. I am currently employed as an Aviation Safety Inspector (ASI) at the 

Farmingdale Flight Standards District Office (FSDO), 7150 Republic Airport, 

Administration Building, Suite 235, Fanningdale, NY, Federal Aviation 

Administration (FAA) and have been in that position since September 6, 2006. 

2. In my capacity as an AS! for the FAA, I investigated an incident that occurred on 

June I, 2009 involving a Diamond DA-20 aircraft, identification number N383CA 

(hereinafter "the N383CA aircraft"), on a flight that landed at Republic Airport, 

Farmingdale, NY. 

3. During the investigation, I diScOvered that on or about April 8, 2009, the N383CA 

aircraft was operated by a student pilot named Eric Claros, and that the aircraft 

was involved in an incident during this time. 

4. The investigation - which included reviewing records for the N383CA aircraft 

and interviewing Empire Flight Academy personnel- revealed that during the 

time period April through June 2009, Empire Flight Academy continuously used 

the N383CA aircraft for its flight school operations at Republic Airport, 

Farmingdale, NY, and these flight school operations included the flights of April 

8,2009 and June 1,2009, referenced above. 

5. The investigation also revealed that Empire Flight Academy maintained the 

aircraft during the time period April through June 2009, including the work on the 

nose wheel assembly. 

.........-~-., 

/;:~ ~~ 

LOUIS MISlANO 

Aviation Safety Inspector 

Fanningdale FSDO, FAA 

J~.er1 -k hf'("T:. />JZ . 

..Ji.L2Z4~ d~06 

.::JZ.L'1i..( r ?o I ( 

DEBORAH A. BROWN 

Notary Public, State of New York 

No.01BR5027047 

Qualified in Nassau CountY. 

Commission ExplraQ May 02, ";;WI,/, 
CERTIFICATE OF SERVICE 

I hereby certify that I have on this date sent via facsimile and first class mail a copy of the 

foregoing AGENCY'S ANSWER TO RESPONDENT'S MOTION FOR DECISION to: 

Gregory S. Winton, Esq. 

Aviation Law Firm 

One Research Court, Suite 450 

Rockville, MD 20850 

Facsimile (301) 294-2525 

The Honorable Richard C. Goodwin 

Administrative Law Judge 

U.S. Department of Transportation 

Office of Hearings, M-20, Room E12-320 

1200 New Jersey Avenue, S.B. 

Washington, DC 20590 

Facsimile (202) 366-7536 

I hereby certify that I have on this date sent via first class mail a copy of the foregoing 

AGENCY'S ANSWER TO RESPONDENT'S MOTION FOR DECISION to: 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, DC 20591 

Attn: Hearing Docket Clerk, AGC-430 

Wilbur Wright Building- Room 2014 

Date: 

, anagement & Program Analyst 

7