Bricklayers Insurance And Welfare Fund, Pension Fund, Supplemental Annuity Fund, Bricklayers And Trowel Trades International Pension Fund, New York City And Long Island Joint Apprenticeship And Traini et al v. LaSala et al

Filing 250

ORDER granting in large part 249 Motion for Disbursement of Funds (see attached). The Court declines to order the IRS to apply payments in a specific proportion to partially satisfy the federal tax liens of Kenneth LaSala and Mark LaSala. That issue is not one for this Court to decide and, as the government acknowledges, Kenneth Lasala "is disputing most of his liability in an action currently pending in [the Southern District of New York]." See DE 241 at 2. Ordered by Magistrate Judge Roanne L. Mann on 12/10/2021. (Proujansky, Josh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
BRICKLAYERS INSURANCE AND WELFARE
FUND, BRICKLAYERS PENSION FUND,
BRICKLAYERS SUPPLEMENTAL ANNUITY FUND,
BRICKLAYERS AND TROWEL TRADES
INTERNATIONAL PENSION FUND,
NEW YORK CITY AND LONG ISLAND JOINT
APPRENTICESHIP AND TRAINING FUND,
INTERNATIONAL MASONRY INSTITUTE, and
JEREMIAH SULLIVAN, JR., in his fiduciary
capacity as Administrator, BRICKLAYERS
LOCAL 1, INTERNATIONAL UNION OF
BRICKLAYERS AND ALLIED CRAFT
WORKERS,

CONSENT ORDER
12 CV 2314 (FB)

Plaintiffs,
- against KENNETH LASALA, MARK LASALA, KENNETH
LASALA, JR., LIBERTY MUTUAL INSURANCE
COMPANY and PLAZA CONSTRUCTION COMPANY,
Defendants.

1. From the $415,763.22 now on deposit with the Court from defendants Kenneth LaSala and Mark
LaSala in this action, the Clerk is hereby directed to pay:
(a) $138,587.74 payable to Bricklayers Fringe Benefit Funds, which shall be applied toward
partial satisfaction of their judgment in this action against Kenneth LaSala and Mark LaSala;
and,
(b) $277,175.48 payable to the “U.S. Dept. of Justice” with the case number appearing
somewhere on the check, which shall be applied toward partial satisfaction of the federal tax
liens against Kenneth LaSala and/or Mark LaSala.

SO ORDERED.

/s/ Roanne L. Mann
_________________________
Brooklyn, New York
December 10
____________, 2021

The undersigned hereby consent to the within form of Order:

/s/ Joel A. Siegel_________
Doar Rieck Kaley & Mack
Attorneys for Plaintiffs
217 Broadway, Suite 707
New York, NY 10007
[phone]
By Joel A. Siegel, Esq., Of Counsel

DAVID A. HUBBERT
Principal Deputy Assistant Attorney General
Tax Division, U.S. Department of Justice

Of Counsel:
BREON PEACE
United States Attorney for the
Eastern District of New York

/s/ Ali Gadelhak
ALI GADELHAK
Trial Attorney, Tax Division
U.S. Department of Justice
P.O. Box 55
Washington, D.C. 20044
[phone]