## SERVED OCTOBER 10, 2012

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### U.S. DEPARTMENT OF**TRANSPORTATI<?~F~I' OPER~TIONS**  

### OFFICE OF HEARINGS

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### WASHINGTON, DC 

## WZ OCT 10 

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In The Matter Of: ) ) Docket No. FAA-2011-0290 EMPIRE FLIGHT ) ACADEMY 

### •) ) Case No. CP10EA0004 Respondent )


### ORDER DISMISSING PROCEEDING On October 10, 2012, the Respondent, Empire Flight Academy, filed a one-page letter stating that it was Withdrawing its Defense to the Complaint issued by the Federal Aviation Administration (FAA) on April8,2011. The Respondent's letter ofWithdrawal stated that the Respondent understood the consequences offorfeit, but did not have the resources to proceed with litigation. The Respondent asked for "whatever actions are necessary to close this action." Attached to this Order is a copy ofthe Respondent's · Letter, since no Certificate ofService was attached. There is a Hearing currently set in this matter, beginning on October 16, 2012 (9:00am- 5:00pm EST) through October 18,2012 (9:00am -5:00pm EST) at the U.S. District Courthouse in Islip, New York. It

### Is Hereby.Ordered: 1) The Hearing set on October 16, 2012 (9:00am- 5:00pm EST) through October 18, 2012 (9:00am -5:00pm EST) at the U.S. District Courthouse in Islip, New York, is cancelled. 2) Pursuant to 14 C.F.R. §13.215, the Respondent, Empire Flight Academy has Withdrawn its Defense to the Complaint, and this proceeding is dismissed with prejudice.

Attachments: October 10,2012 Respondent Letter Service List

### Via Email Dianemays@dot.org The Honerable J.E. Sullivan Office ofHearings M-20 US Department ofTransportation 1200 New Jersey Avenue. SE. Washington, DC 20590 

### tn the 

### MatterofEmpire Flight 

### Academy* 

### f'AA-201J..()29Q, CaseNo. C\OEA0004 DearJudge Sullivan**~** ;:::::; 0 ('"')


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### I regretto inform you I am withdrawing my defense In the above listed action. While I ·believe strongly thatthere is no culpability on the part ofEmpire, I do not have the resources to proceed with.this defense

.. Ihave been unsuccessful in negotiating a realistic settlement with Mr. Berman. Empire flight Academy has ceased to operate and the corporation shall be dissolved shortly

. I thank you for you professional parcipitatiori and your valued guidance. Ifpossible please cancel your trip to ·Long Island. I understand the consequences ofa forfeit, it is however unavoidable

. Take whatever actions are necessary to close this action

. Once again thank you for your effort and patience Sincerely, John Zaremba**~'** ')FDMS No. FAA-2011-0290 (Civil Penalty Action) SERVICE LIST- U.S. MAIL & FAX ORIGINAL & ONE COPY Federal Aviation Administration 800 Independence Avenue, S.W. Washington, DC 20591 · Attention: Hearing Docket Clerk, AGC-'--430 Wilbur Wright Building-Suite 2W1000 1 ONE COPY John Zaremba, Respondent's Representative Rte. 109, Hanger 3,**~epublic** Aiq)ort Farmingdale, NY 11735 .TEL: 631-777-2514 Zachary M. Berman, Complainant's Counsel Office ofthe Regional Counsel, AEA-7 Eastern Region Federal Aviation Administration 

### 1Aviation Plaza, Room 561 Jamaica, NY 11434 TEL: 718-553-3258 FAX: 718-995-5699 The Honorable J.E. Sullivan,AdministrativeLawJudge Office ofHearings, M-20 U.S. Department ofTransportation 1200 NewJersey Avenue, S.E. Mail Center Room E11-310 ·washington, DC 20590 TEL: Attorney-Advisor 202-366-6941 Legal Assistant 202-366-2132 FAX: 202-366-7536

1 Service was by U.S. Mail. For service in person or by expedited courier, use the following address: Federal Aviation Administration, 600 Independence Avenue,S.W., Wilbur Wright Building-Suite 2Wl000, Washington, DC 20591; Attention: Hearing Docket Clerk, AGC-430.