SERVED OCTOBER 10, 2012 

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U.S. DEPARTMENT OF TRANSPORTATI<?~F~I' OPER~TIONS OFFICE OF HEARINGS ... ,I .. 

WASHINGTON, DC WZ OCT 10 P 2: 2b 

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 of Withdrawal 

stated that the Respondent understood the consequences of forfeit, 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 of the Respondent's · 

Letter, since no Certificate of Service 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Withdrawn its Defense to the Complaint, and this proceeding is dismissed 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 of Transportation 

1200 New Jersey Avenue. S E. 

Washington, DC 20590 

tn the Matter of Empire Flight Academy* f'AA-201J..()29Q, Case No. 

C\OEA0004 

Dear Judge Sullivan 

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I regret to inform you I am withdrawing my defense In the above listed action. While I 

·believe strongly that there is no culpability on the part of Empire, I do not have the 

resources to proceed with. this defense .. I have 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. If possible 

please cancel your trip to ·Long Island. I understand the consequences of a forfeit, it is 

however unavoidable . Take what ever actions are necessary to close this action . 

Once again thank you for your effort and patience 

Sincerely, 

John Zaremba 

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FDMS No. FAA-2011-0290 

(Civil Penalty Action) 

SERVICE LIST- U.S. MAIL & FAX 

ORIGINAL & ONE COPY 

Federal Aviation Administration 

800 Independence A venue, S.W. 

Washington, DC 20591 · 

Attention: Hearing Docket Clerk, AGC-'--430 

Wilbur Wright Building-Suite 2W1 0001 

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 

1 Aviation Plaza, Room 561 

Jamaica, NY 11434 

TEL: 718-553-3258 

FAX: 718-995-5699 

The Honorable J.E. Sullivan, Administrative Law Judge 

Office of Hearings, M-20 

U.S. Department of Transportation 

1200 New Jersey Avenue, S.E. 

Mail Center Room E 11-310 

·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.