New York Attorney General Letitia James and New York Department of Environmental Conservation (DEC) Interim Commissioner Sean Mahar have announced a settlement with contractor Anthony Labriola and his two companies, ALAC Realty, LLC and ALAC Contracting Corp. The agreement requires the payment of over $121,000 in penalties for illegal construction activities near protected wetlands along the Carlls River in West Babylon, Suffolk County.
Labriola and his companies were found to have removed trees and vegetation to build a parking lot and storage facility on a protected buffer area adjacent to the Carlls River wetlands. These wetlands are classified under DEC’s highest level of protection due to their role in water quality protection, wildlife habitat preservation, and flood control.
In May 2024, Attorney General James and DEC initiated legal action against Labriola for storing construction vehicles and materials illegally by these wetlands. The lawsuit has been resolved with an agreement that mandates the restoration of the wetland buffer and payment of at least $121,000. This includes $46,000 in outstanding payments to DEC and $75,000 in new penalties. An additional $75,000 will be required if restoration is not completed as overseen by DEC.
“Not only did Anthony Labriola build a parking lot on protected lands, but he then spent nearly a decade refusing to comply with state enforcement efforts – putting convenience and his business interests over Long Island’s vital natural resources,” said Attorney General James. “Now, Labriola and his companies have finally moved their trucks and will restore the area to its natural state.”
DEC Interim Commissioner Mahar stated: “DEC is committed to protecting New York’s wetlands and will continue to work hand-in-hand with our state and federal partners to hold those who violate our strict environmental laws accountable.”
The New York Freshwater Wetlands Act prohibits unauthorized activities such as removing vegetation or building commercial facilities on designated wetlands or buffer areas without a permit from DEC. The Carlls River wetlands are classified as Class I wetlands for their environmental benefits.
After receiving a notice of violation from DEC in February 2015 for clearing trees illegally, Labriola failed to comply with enforcement actions until the recent lawsuit prompted corrective measures. These measures included removing vehicles from the site, constructing a boundary wall, replanting native species, installing an irrigation system, and planting seeds for future growth.
To ensure long-term restoration success, Labriola must monitor plantings for five years with at least 75% survival rate expected. Monitoring reports must be submitted through December 31, 2028. DEC will have access to monitor compliance continuously.
The case was managed by Long Island Regional Attorney Craig Elgut among others from DEC's team while Senior Enforcement Counsel Andrew Gershon led OAG's efforts under supervision from higher officials within both organizations.