Preview
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NATHANIEL GRAYTON, an infant by his mother and
natural guardian, SHERRI SKIDMORE,
Plaintiffs,
- against -
VASHUDA VISWANATHAN, M.D., CALIXTO CAZANO,
M.D., RAJENDRA BHAYANI, M.D., FERNANDO
GINEBRA, M.D., SONY LOISEAU, M.D., and WYCKOFF
HEIGHTS MEDICAL CENTER,
Defendants.
INDEX NO. 508009/13
575 8th Avenue
New York, New York
October 2, 2019
10:25 a.m.
EXAMINATION BEFORE TRIAL
of Calixto Cazano, MD, one of the
Defendants, taken by adverse parties, pursuant
to Order, and held at the abovementioned time
and place, before Jennifer Miller, a
Stenographer and Notary Public within and for
the State of New York.
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 2
1
2
3 A P P E A R A N C E S:
4
5 LEVINE & GROSSMAN, ESQS.
Attorneys for Plaintiffs
6 114 Old Country Road, Suite 460
Mineola, New York 11501
7 BY: LINDA OLIVA, ESQ.
8
9
10 COSTELLO, SHEA & GAFFNEY, LLP
Attorneys for Defendant -
11 Vashuda Viswanthan, M.D.
100 Merrick Road, Suite 218E
12 Rockville Centre, New York 11570
BY: STEVEN E. GARRY, ESQ.
13
14
15
SCHIAVETTI, CORGAN, DiEDWARDS, WEINBERG &
16 NICHOLSON LLP
Attorneys for Defendants -
17 Calixto Cazano, M.D. and Fernando Ginebra,
M.D.
18 575 8th Avenue, Suite 14
New York, New York 10018
19 BY: DAVID SISSKIND, ESQ.
20
21
22
23
24
25
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 3
1
2 A P P E A R A N C E S CONT'D
3
4
5 BROWN GAUJEAN KRAUS SASTOW, PLLC.
Attorneys for Defendant -
6 Rajendra Bhayani, M.D.
1 North Broadway, 10th Floor
7 White Plains, New York 10601
BY: GINETTE M. PORTERA, ESQ.
8
9
10 ARSHACK, HAJEK & LEHRMAN, PLLC
Attorneys for Defendants -
11 Sony Loiseau, M.D. and Wyckoff Heights Medical
Center
12 1790 Broadway, Suite 710
New York, New York 10019
13 BY: LYNN HAJEK, ESQ.
14
15
16
17
18
19
20
21
22
23
24
25
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 4
1
2 S T I P U L A T I O N S
3 IT IS STIPULATED AND AGREED by and
4 between the attorneys for the respective
5 parties herein, and in compliance with Rule
6 221 of the Uniform Rules for the Trial Courts:
7 THAT the parties recognize the
8 provision of Rule 3115 subdivisions (b), (c)
9 and/or (d).
10 ALL objections made at a deposition
11 shall be noted by the officer before whom the
12 deposition is taken, and the answer shall be
13 given and the deposition is taken, and the
14 answer shall be given and the deposition shall
15 proceed subject to the objections and to the
16 right of a person to apply for appropriate
17 relief pursuant to Article 31 of the C.P.L.R.;
18 THAT every objection raised during a
19 deposition shall be stated succinctly and
20 framed so as not to suggest an answer to the
21 deponent and, at the request of the
22 questioning attorney, shall include a clear
23 statement as to any defect in form or other
24 basis of error or irregularity.
25 Except to the extent permitted by
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CAL IXTO CAZANO , M . D .
Page 5
1
2 C.P.L.R. Rule 3115 or by this rule, during the
3 course of the examination persons in
4 attendance shall not make statements or
5 comments that interfere with the questioning.
6 THAT a deponent shall answer all
7 questions at a deposition, except (i) to
8 preserve a privilege or a right of
9 confidentiality, (ii) to enforce a limitation
10 set forth in an order of a court, or (iii)
11 when the question is plainly improper and
12 would, if answered, cause significant
13 prejudice to any person.
14 An attorney shall not direct a
15 deponent not to answer except as provided in
16 C.P.L.R. Rule 3115 or this subdivision. Any
17 refusal to answer or direction not to answer
18 shall be accompanied by a succinct and clear
19 statement on the basis therefore. If the
20 deponent does not answer a question, the
21 examining party shall have the right to
22 complete the remainder of the deposition.
23 THAT an attorney shall not interrupt
24 the deposition for the purpose of
25 communicating with the deponent unless all
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 6
"
1
2 parties consent or the communication is made
3 for the purpose of determining whether the
4 question should not be answered on the grounds
5 set forth in Section 221.2 of these rules,
6 and, in such event, the reason for the
7 communication shall be stated for the record
8 succinctly and clearly.
9 THAT the failure to object to any
10 question or to move to strike any testimony at
11 this examination shall not be a bar or waiver
12 to make such objection or motion at the time
13 of the trial of this action, and is hereby
14 reserved; and
15 THAT this examination may be signed
16 and sworn to by the witness examined herein
17 before any Notary Public, but the failure to
18 do so or to return the original of the
19 examination to the attorney on whose behalf
20 the examination is taken, shall not be deemed
21 a waiver of the rights provided by Rule 3116
22 and 3117 of the C.P.L.R., and shall be
23 controlled thereby; and
24 THAT the certification and filing of
25 the original of this examination are hereby
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 7
1
2 waived; and
3 THAT the questioning attorney shall
4 provide counsel for the witness examined
5 herein with a copy of this examination at no
6 charge.
7 ******
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
25
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 8
1 CALIXTO CAZANO, M.D.
2 C A L I X T O C A Z A N O, MD, called as a
3 witness, after first having been duly sworn by
4 the Notary Public (Jennifer Miller), in and
5 for the State of New York, was examined and
6 testified as follows:
7
8 BY THE REPORTER:
9
10 Q. State your full name for
11 the record, please.
12 A. Calixto Cazano.
13 Q. What is your address?
14 A. 450 Summit Avenue, Hackensack,
15 New Jersey 07601.
16
17
18 EXAMINATION BY
19 MS. OLIVA:
21 Q. Good morning, Doctor.
22 A. Good morning.
23 Q. My name is Linda Oliva. I'm
24 with the Law Firm of Levine & Grossman and
25 we represent the plaintiffs in this matter. I
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 9
1 CALIXTO CAZANO, M.D.
2 will be asking you some questions today. If
3 you don't understand a question I ask, let me
4 know and I will rephrase it for you.
5 Are you licensed to practice
6 medicine?
7 A. Yes.
8 Q. In what state or states?
9 A. New York State.
10 Q. When did you first become
11 licensed to practice medicine in New York
12 State?
13 A. 1990.
14 Q. Have you maintained that license
15 continuously, from 1990 through the present
16 time?
17 A. Yes.
18 Q. Has that license ever been
19 suspended, revoked or challenged?
20 A. No.
21 Q. Other than New York State, have
22 you ever been licensed to practice medicine
23 anywhere else?
24 A. I had a license before in New
25 Jersey.
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 10
1 CALIXTO CAZANO, M.D.
2 Q. For what period of time were you
3 licensed to practice medicine in the State of
4 New Jersey?
5 A. I don't remember. I never use
6 it. It was --
7 Q. Was it before the New York State
8 license?
9 A. No. After. A few years after.
10 Q. You obtained it a few years
11 after you first obtained the New York State
12 license?
13 A. Yes.
14 Q. For how long do you think you
15 maintained it?
16 A. A few years because it was -- I
17 let it get inactive.
18 Q. At some point in time, you
19 allowed it to become voluntarily inactive?
20 A. Yes.
21 Q. Was that New Jersey license ever
22 suspended, revoked or challenged?
23 A. No.
24 Q. Other than New York and New
25 Jersey, have you ever been licensed to
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 11
1 CALIXTO CAZANO, M. D .
2 practice medicine anywhere else?
3 A. Florida.
4 Q. For what period of time were you
5 licensed to practice medicine in the State of
6 Florida?
7 A. A few years.
8 Q. When was that?
9 A. I don't remember.
10 Q. Was it in the 1990s?
11 A. Probably. I know the 90s.
12 Q. During the time that you
13 maintained that license, was it ever
14 suspended, revoked or challenged?
15 A. No.
16 Q. Did you allow that license to
17 become voluntarily inactive at some point in
18 time?
19 A. Yes.
20 Q. Other than New York, New Jersey
21 and Florida, have you ever been licensed to
22 practice medicine anywhere else?
23 A. Dominican Republic. I still
24 have my license.
25 Q. So you have a license to
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 12
1 CALIXTO CAZANO, M.D.
2 practice medicine from the Dominican Republic?
3 A. That's correct.
4 Q. When did you obtain that
5 license?
6 A. 1986 -- no. Yeah '86.
7 Q. Have you maintained that license
8 continuously, from 1986 through the present
9 time?
10 A. Yes.
11 Q. Has that license ever been
12 suspended, revoked or challenged?
13 A. No.
14 Q. Where did you go to medical
15 school?
16 A. Central del Este, E-S-T-E
17 University.
18 MR. GARRY: I'm sorry?
19 MR. SISSKIND: Este
20 University.
21 Q. Is that in the Dominican
22 Republic?
23 A. Yes, correct.
24 Q. What year did you receive your
25 medical degree?
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M. D .
Page 13
1 CALIXTO CAZANO, M.D.
2 A. 1985.
3 Q. After you received your medical
4 degree, did you participate in an internship
5 program that would be similar to what is in
6 the United States?
7 A. The process there is that we do
8 the medical school year and it is one year
9 transitional they call it here, in the United
10 States, internship, before we get the license
11 -- the diploma. The medical school diploma.
12 Q. Okay. So that one year of
13 transitional, you did from 1984 to 1985?
14 A. Correct. Maybe I started in
15 '83.
16 Q. Okay. How long is medical
17 school in the Dominican Republic?
18 A. There are many different
19 programs.
20 Q. How long was your program?
21 A. My program was, including my
22 transitional, it was close to five years.
23 Q. Okay. So after you received
24 your medical degree in the Dominican Republic,
25 what did you do first in terms of your
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 14
1 CALIXTO CAZANO, M.D.
2 professional career?
3 A. I had to do the social year.
4 Q. What does that involve?
5 A. I was a physician in a clinic
6 for one year.
7 Q. After that, what did you do?
8 A. I get my license and I came to
9 the United States and I applied to residency
10 program in the United States.
11 Q. Did you, at or around the time
12 you came to the United States or sometime
13 after, take an ECFMG or FLEX Exam?
14 A. Yes.
15 Q. Which exam did you take?
16 A. Both. ECFMG first.
17 Q. And then FLEX?
18 A. The FLEX was after my first year
19 of residency.
20 Q. I take it, you passed both of
21 them?
22 A. Correct.
23 Q. So when you came to the United
24 States, did you get accepted into a residency
25 program?
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 15
1 CALIXTO CAZANO, M.D.
2 A. Yes.
3 Q. Where was that?
4 A. Bronx Lebanon Hospital Center,
5 Bronx, New York.
6 Q. What year did you commence that
7 program?
8 A. 1987.
9 Q. How long did you participate in
10 that residency program?
11 A. Three years. Completed in 1990.
12 Q. Was this three years in
13 pediatrics?
14 A. Pediatrics, yes.
15 MR. GARRY: I'm sorry, was
16 that '87 to '90?
17 THE WITNESS: '87 to '90.
18 Q. After you completed your
19 residency program, what did you do next in
20 terms of your professional career?
21 A. I worked at Bronx Lebanon
22 Hospital Pediatric Clinic from 1990 to 1993.
23 I worked in the pediatric clinic and in the
24 emergency room and in the neonatal unit.
25 Q. Did you have a title at Bronx
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
1 CALIXTO CAZANO, M.D.
2 Lebanon were you an --
Hospital, attending
3 A. An attending physician.
4 Q. Did you have an academic title
5 there?
6 A. I have Albert Einstein College
7 of Medicine as assistant professor.
8 Q. After you left Bronx Lebanon,
9 what did you do next, in terms of your
10 professional career?
11 A. At that time, I'm not sure
12 because they have something called adjunct.
13 Q. So you may have been either an
14 assistant professor or an adjunct at Albert
15 Einstein --
16 A. Adjunct instructor and then they
17 move to assistant professor.
18 Q. This would be during your three
19 year tenure at Bronx Lebanon Hospital when you
20 were an attending?
21 A. Yes.
22 MR. SISSKIND: Pause
23 between when the question ends and you
24 answer because you are talking over
25 each other a little bit.
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 17
1 CALIXTO CAZANO , M. D .
2 THE WITNESS: Okay.
3 Q. After you left Bronx Lebanon
4 Hospital in 1993, what did you do next in
5 terms of your professional career?
6 A. I went to Albert Einstein School
7 of Medicine. Montefiore and Einstein
8 neonatology program as a fellow.
9 Q. What was the fellowship program
10 in?
11 A. Neonatal medicine.
12 Q. How long did you participate in
13 that program?
14 A. Three years.
15 Q. So that was until approximately
16 19969
17 A. 1996.
18 Q. After you completed your
19 fellowship, what did you do next, in terms of
20 your career?
21 A. I worked about one year at
22 Jacobi Hospital in the Bronx in the neonatal
23 unit.
24 Q. You were an attending there?
25 A. Yes.
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 18
1 CALIXTO CAZANO, M.D.
2 Q. Did you have an academic title
3 at that time?
4 A. No.
5 Q. After you left Jacobi Hospital
6 in approximately 1997, what did you do next in
7 terms of your professional career?
8 A. I joined the Wyckoff Heights
9 Medical Center.
10 Q. Would it be fair to say, you
11 joined Wyckoff Heights Medical Center in or
, 12 around 1997?
13 A. 1997.
14 Q. Have you worked there
15 continuously, from 1997 through the present
16 time?
17 A. Yes, correct.
18 Q. Initially, when you started at
19 Wyckoff Hospital, what was your position
20 there?
21 A. Attending pediatrician of the
22 outpatient clinic.
23 Q. Throughout your tenure there,
24 has your position or title changed in any
25 manner; in other words, have you always
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO, M.D.
Page 19
1 CALIXTO CAZANO, M.D.
2 remained an attending pediatrician in the
3 outpatient --
4 A. No. Sorry. You mentioned again
5 the -- you mentioned Wyckoff?
6 Q. Right.
7 A. At Wyckoff, I was an attending
8 neonatologist.
9 Q. Okay. So from 1997, through the
10 present time, you have remained an attending
11 neonatologist at Wyckoff Heights Medical
12 Center?
13 A. Correct.
14 Q. Has your title changed in any
15 manner during that time?
16 A. I am the associate director of
17 the NICU.
18 Q. When did you become the
19 associate director of the NICU?
20 A. About two years ago.
21 Q. During the time you have been at
22 Wyckoff Heights Medical Center, have you held
23 any academic or teaching titles?
24 A. Right now, I have the academic
25 position for the New York Medical College at
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013
NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021
CALIXTO CAZANO , M. D .
Page 20
1 CALIXTO CAZANO, M.D.
2 Westchester.
3 Q. What is your title there?
4 A. Assistant professor.
5 Q. How long have you held that
6 position?
7 A. Two years.
8 Q. So approximately from 2017 to
9 2019?
10 A. Yes.
11 Q. Did you hold any other academic
12 titles during the time you have been at
13 Wyckoff?
14 A. No.
15 Q. Other than anything we have
16 already talked about, have you held any other
17 positions in the field of medicine?
18 A. No.
19 Q. Other than what we have talked
20 about, have you held any other teaching
21 positions in the field of medicine?
22 A. No.
23 Q. Have you written or authored any
24 articles or textbooks in the field of
25 medicine?
FILED: KINGS COUNTY CLERK 10/05/2021
Preview
FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NATHANIEL GRAYTON, an infant by his mother and natural guardian, SHERRI SKIDMORE, Plaintiffs, - against - VASHUDA VISWANATHAN, M.D., CALIXTO CAZANO, M.D., RAJENDRA BHAYANI, M.D., FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D., and WYCKOFF HEIGHTS MEDICAL CENTER, Defendants. INDEX NO. 508009/13 575 8th Avenue New York, New York October 2, 2019 10:25 a.m. EXAMINATION BEFORE TRIAL of Calixto Cazano, MD, one of the Defendants, taken by adverse parties, pursuant to Order, and held at the abovementioned time and place, before Jennifer Miller, a Stenographer and Notary Public within and for the State of New York. FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 2 1 2 3 A P P E A R A N C E S: 4 5 LEVINE & GROSSMAN, ESQS. Attorneys for Plaintiffs 6 114 Old Country Road, Suite 460 Mineola, New York 11501 7 BY: LINDA OLIVA, ESQ. 8 9 10 COSTELLO, SHEA & GAFFNEY, LLP Attorneys for Defendant - 11 Vashuda Viswanthan, M.D. 100 Merrick Road, Suite 218E 12 Rockville Centre, New York 11570 BY: STEVEN E. GARRY, ESQ. 13 14 15 SCHIAVETTI, CORGAN, DiEDWARDS, WEINBERG & 16 NICHOLSON LLP Attorneys for Defendants - 17 Calixto Cazano, M.D. and Fernando Ginebra, M.D. 18 575 8th Avenue, Suite 14 New York, New York 10018 19 BY: DAVID SISSKIND, ESQ. 20 21 22 23 24 25 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 3 1 2 A P P E A R A N C E S CONT'D 3 4 5 BROWN GAUJEAN KRAUS SASTOW, PLLC. Attorneys for Defendant - 6 Rajendra Bhayani, M.D. 1 North Broadway, 10th Floor 7 White Plains, New York 10601 BY: GINETTE M. PORTERA, ESQ. 8 9 10 ARSHACK, HAJEK & LEHRMAN, PLLC Attorneys for Defendants - 11 Sony Loiseau, M.D. and Wyckoff Heights Medical Center 12 1790 Broadway, Suite 710 New York, New York 10019 13 BY: LYNN HAJEK, ESQ. 14 15 16 17 18 19 20 21 22 23 24 25 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 4 1 2 S T I P U L A T I O N S 3 IT IS STIPULATED AND AGREED by and 4 between the attorneys for the respective 5 parties herein, and in compliance with Rule 6 221 of the Uniform Rules for the Trial Courts: 7 THAT the parties recognize the 8 provision of Rule 3115 subdivisions (b), (c) 9 and/or (d). 10 ALL objections made at a deposition 11 shall be noted by the officer before whom the 12 deposition is taken, and the answer shall be 13 given and the deposition is taken, and the 14 answer shall be given and the deposition shall 15 proceed subject to the objections and to the 16 right of a person to apply for appropriate 17 relief pursuant to Article 31 of the C.P.L.R.; 18 THAT every objection raised during a 19 deposition shall be stated succinctly and 20 framed so as not to suggest an answer to the 21 deponent and, at the request of the 22 questioning attorney, shall include a clear 23 statement as to any defect in form or other 24 basis of error or irregularity. 25 Except to the extent permitted by FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CAL IXTO CAZANO , M . D . Page 5 1 2 C.P.L.R. Rule 3115 or by this rule, during the 3 course of the examination persons in 4 attendance shall not make statements or 5 comments that interfere with the questioning. 6 THAT a deponent shall answer all 7 questions at a deposition, except (i) to 8 preserve a privilege or a right of 9 confidentiality, (ii) to enforce a limitation 10 set forth in an order of a court, or (iii) 11 when the question is plainly improper and 12 would, if answered, cause significant 13 prejudice to any person. 14 An attorney shall not direct a 15 deponent not to answer except as provided in 16 C.P.L.R. Rule 3115 or this subdivision. Any 17 refusal to answer or direction not to answer 18 shall be accompanied by a succinct and clear 19 statement on the basis therefore. If the 20 deponent does not answer a question, the 21 examining party shall have the right to 22 complete the remainder of the deposition. 23 THAT an attorney shall not interrupt 24 the deposition for the purpose of 25 communicating with the deponent unless all FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 6 " 1 2 parties consent or the communication is made 3 for the purpose of determining whether the 4 question should not be answered on the grounds 5 set forth in Section 221.2 of these rules, 6 and, in such event, the reason for the 7 communication shall be stated for the record 8 succinctly and clearly. 9 THAT the failure to object to any 10 question or to move to strike any testimony at 11 this examination shall not be a bar or waiver 12 to make such objection or motion at the time 13 of the trial of this action, and is hereby 14 reserved; and 15 THAT this examination may be signed 16 and sworn to by the witness examined herein 17 before any Notary Public, but the failure to 18 do so or to return the original of the 19 examination to the attorney on whose behalf 20 the examination is taken, shall not be deemed 21 a waiver of the rights provided by Rule 3116 22 and 3117 of the C.P.L.R., and shall be 23 controlled thereby; and 24 THAT the certification and filing of 25 the original of this examination are hereby FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 7 1 2 waived; and 3 THAT the questioning attorney shall 4 provide counsel for the witness examined 5 herein with a copy of this examination at no 6 charge. 7 ****** 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 8 1 CALIXTO CAZANO, M.D. 2 C A L I X T O C A Z A N O, MD, called as a 3 witness, after first having been duly sworn by 4 the Notary Public (Jennifer Miller), in and 5 for the State of New York, was examined and 6 testified as follows: 7 8 BY THE REPORTER: 9 10 Q. State your full name for 11 the record, please. 12 A. Calixto Cazano. 13 Q. What is your address? 14 A. 450 Summit Avenue, Hackensack, 15 New Jersey 07601. 16 17 18 EXAMINATION BY 19 MS. OLIVA: 21 Q. Good morning, Doctor. 22 A. Good morning. 23 Q. My name is Linda Oliva. I'm 24 with the Law Firm of Levine & Grossman and 25 we represent the plaintiffs in this matter. I FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 9 1 CALIXTO CAZANO, M.D. 2 will be asking you some questions today. If 3 you don't understand a question I ask, let me 4 know and I will rephrase it for you. 5 Are you licensed to practice 6 medicine? 7 A. Yes. 8 Q. In what state or states? 9 A. New York State. 10 Q. When did you first become 11 licensed to practice medicine in New York 12 State? 13 A. 1990. 14 Q. Have you maintained that license 15 continuously, from 1990 through the present 16 time? 17 A. Yes. 18 Q. Has that license ever been 19 suspended, revoked or challenged? 20 A. No. 21 Q. Other than New York State, have 22 you ever been licensed to practice medicine 23 anywhere else? 24 A. I had a license before in New 25 Jersey. FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 10 1 CALIXTO CAZANO, M.D. 2 Q. For what period of time were you 3 licensed to practice medicine in the State of 4 New Jersey? 5 A. I don't remember. I never use 6 it. It was -- 7 Q. Was it before the New York State 8 license? 9 A. No. After. A few years after. 10 Q. You obtained it a few years 11 after you first obtained the New York State 12 license? 13 A. Yes. 14 Q. For how long do you think you 15 maintained it? 16 A. A few years because it was -- I 17 let it get inactive. 18 Q. At some point in time, you 19 allowed it to become voluntarily inactive? 20 A. Yes. 21 Q. Was that New Jersey license ever 22 suspended, revoked or challenged? 23 A. No. 24 Q. Other than New York and New 25 Jersey, have you ever been licensed to FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 11 1 CALIXTO CAZANO, M. D . 2 practice medicine anywhere else? 3 A. Florida. 4 Q. For what period of time were you 5 licensed to practice medicine in the State of 6 Florida? 7 A. A few years. 8 Q. When was that? 9 A. I don't remember. 10 Q. Was it in the 1990s? 11 A. Probably. I know the 90s. 12 Q. During the time that you 13 maintained that license, was it ever 14 suspended, revoked or challenged? 15 A. No. 16 Q. Did you allow that license to 17 become voluntarily inactive at some point in 18 time? 19 A. Yes. 20 Q. Other than New York, New Jersey 21 and Florida, have you ever been licensed to 22 practice medicine anywhere else? 23 A. Dominican Republic. I still 24 have my license. 25 Q. So you have a license to FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 12 1 CALIXTO CAZANO, M.D. 2 practice medicine from the Dominican Republic? 3 A. That's correct. 4 Q. When did you obtain that 5 license? 6 A. 1986 -- no. Yeah '86. 7 Q. Have you maintained that license 8 continuously, from 1986 through the present 9 time? 10 A. Yes. 11 Q. Has that license ever been 12 suspended, revoked or challenged? 13 A. No. 14 Q. Where did you go to medical 15 school? 16 A. Central del Este, E-S-T-E 17 University. 18 MR. GARRY: I'm sorry? 19 MR. SISSKIND: Este 20 University. 21 Q. Is that in the Dominican 22 Republic? 23 A. Yes, correct. 24 Q. What year did you receive your 25 medical degree? FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M. D . Page 13 1 CALIXTO CAZANO, M.D. 2 A. 1985. 3 Q. After you received your medical 4 degree, did you participate in an internship 5 program that would be similar to what is in 6 the United States? 7 A. The process there is that we do 8 the medical school year and it is one year 9 transitional they call it here, in the United 10 States, internship, before we get the license 11 -- the diploma. The medical school diploma. 12 Q. Okay. So that one year of 13 transitional, you did from 1984 to 1985? 14 A. Correct. Maybe I started in 15 '83. 16 Q. Okay. How long is medical 17 school in the Dominican Republic? 18 A. There are many different 19 programs. 20 Q. How long was your program? 21 A. My program was, including my 22 transitional, it was close to five years. 23 Q. Okay. So after you received 24 your medical degree in the Dominican Republic, 25 what did you do first in terms of your FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 14 1 CALIXTO CAZANO, M.D. 2 professional career? 3 A. I had to do the social year. 4 Q. What does that involve? 5 A. I was a physician in a clinic 6 for one year. 7 Q. After that, what did you do? 8 A. I get my license and I came to 9 the United States and I applied to residency 10 program in the United States. 11 Q. Did you, at or around the time 12 you came to the United States or sometime 13 after, take an ECFMG or FLEX Exam? 14 A. Yes. 15 Q. Which exam did you take? 16 A. Both. ECFMG first. 17 Q. And then FLEX? 18 A. The FLEX was after my first year 19 of residency. 20 Q. I take it, you passed both of 21 them? 22 A. Correct. 23 Q. So when you came to the United 24 States, did you get accepted into a residency 25 program? FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 15 1 CALIXTO CAZANO, M.D. 2 A. Yes. 3 Q. Where was that? 4 A. Bronx Lebanon Hospital Center, 5 Bronx, New York. 6 Q. What year did you commence that 7 program? 8 A. 1987. 9 Q. How long did you participate in 10 that residency program? 11 A. Three years. Completed in 1990. 12 Q. Was this three years in 13 pediatrics? 14 A. Pediatrics, yes. 15 MR. GARRY: I'm sorry, was 16 that '87 to '90? 17 THE WITNESS: '87 to '90. 18 Q. After you completed your 19 residency program, what did you do next in 20 terms of your professional career? 21 A. I worked at Bronx Lebanon 22 Hospital Pediatric Clinic from 1990 to 1993. 23 I worked in the pediatric clinic and in the 24 emergency room and in the neonatal unit. 25 Q. Did you have a title at Bronx FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. 1 CALIXTO CAZANO, M.D. 2 Lebanon were you an -- Hospital, attending 3 A. An attending physician. 4 Q. Did you have an academic title 5 there? 6 A. I have Albert Einstein College 7 of Medicine as assistant professor. 8 Q. After you left Bronx Lebanon, 9 what did you do next, in terms of your 10 professional career? 11 A. At that time, I'm not sure 12 because they have something called adjunct. 13 Q. So you may have been either an 14 assistant professor or an adjunct at Albert 15 Einstein -- 16 A. Adjunct instructor and then they 17 move to assistant professor. 18 Q. This would be during your three 19 year tenure at Bronx Lebanon Hospital when you 20 were an attending? 21 A. Yes. 22 MR. SISSKIND: Pause 23 between when the question ends and you 24 answer because you are talking over 25 each other a little bit. FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 17 1 CALIXTO CAZANO , M. D . 2 THE WITNESS: Okay. 3 Q. After you left Bronx Lebanon 4 Hospital in 1993, what did you do next in 5 terms of your professional career? 6 A. I went to Albert Einstein School 7 of Medicine. Montefiore and Einstein 8 neonatology program as a fellow. 9 Q. What was the fellowship program 10 in? 11 A. Neonatal medicine. 12 Q. How long did you participate in 13 that program? 14 A. Three years. 15 Q. So that was until approximately 16 19969 17 A. 1996. 18 Q. After you completed your 19 fellowship, what did you do next, in terms of 20 your career? 21 A. I worked about one year at 22 Jacobi Hospital in the Bronx in the neonatal 23 unit. 24 Q. You were an attending there? 25 A. Yes. FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 18 1 CALIXTO CAZANO, M.D. 2 Q. Did you have an academic title 3 at that time? 4 A. No. 5 Q. After you left Jacobi Hospital 6 in approximately 1997, what did you do next in 7 terms of your professional career? 8 A. I joined the Wyckoff Heights 9 Medical Center. 10 Q. Would it be fair to say, you 11 joined Wyckoff Heights Medical Center in or , 12 around 1997? 13 A. 1997. 14 Q. Have you worked there 15 continuously, from 1997 through the present 16 time? 17 A. Yes, correct. 18 Q. Initially, when you started at 19 Wyckoff Hospital, what was your position 20 there? 21 A. Attending pediatrician of the 22 outpatient clinic. 23 Q. Throughout your tenure there, 24 has your position or title changed in any 25 manner; in other words, have you always FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO, M.D. Page 19 1 CALIXTO CAZANO, M.D. 2 remained an attending pediatrician in the 3 outpatient -- 4 A. No. Sorry. You mentioned again 5 the -- you mentioned Wyckoff? 6 Q. Right. 7 A. At Wyckoff, I was an attending 8 neonatologist. 9 Q. Okay. So from 1997, through the 10 present time, you have remained an attending 11 neonatologist at Wyckoff Heights Medical 12 Center? 13 A. Correct. 14 Q. Has your title changed in any 15 manner during that time? 16 A. I am the associate director of 17 the NICU. 18 Q. When did you become the 19 associate director of the NICU? 20 A. About two years ago. 21 Q. During the time you have been at 22 Wyckoff Heights Medical Center, have you held 23 any academic or teaching titles? 24 A. Right now, I have the academic 25 position for the New York Medical College at FILED: KINGS COUNTY CLERK 10/05/2021 05:34 PM INDEX NO. 508009/2013 NYSCEF DOC. NO. 187 RECEIVED NYSCEF: 10/05/2021 CALIXTO CAZANO , M. D . Page 20 1 CALIXTO CAZANO, M.D. 2 Westchester. 3 Q. What is your title there? 4 A. Assistant professor. 5 Q. How long have you held that 6 position? 7 A. Two years. 8 Q. So approximately from 2017 to 9 2019? 10 A. Yes. 11 Q. Did you hold any other academic 12 titles during the time you have been at 13 Wyckoff? 14 A. No. 15 Q. Other than anything we have 16 already talked about, have you held any other 17 positions in the field of medicine? 18 A. No. 19 Q. Other than what we have talked 20 about, have you held any other teaching 21 positions in the field of medicine? 22 A. No. 23 Q. Have you written or authored any 24 articles or textbooks in the field of 25 medicine? FILED: KINGS COUNTY CLERK 10/05/2021