Exhibit,Appendix: Doreen Gilmore v. County Of Nassau, Town Of Oyster Bay

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                                FILED:         NASSAU        COUNTY         CLERK        06/21/2022             03:13       PM                      INDEX    NO.   609905/2018
   NYSCEF     DOC.   NO.   133                                                                                RECEIVED      NYSCEF:     06/21/2022




                                                    EXHIBIT                                 C
   FILED:         NASSAU        COUNTY         CLERK        06/21/2022             03:13       PM                      INDEX    NO.   609905/2018
   NYSCEF     DOC.   NO.   133                                                                                RECEIVED      NYSCEF:     06/21/2022




           SUPREME       COURT      OF   THE   STATE     OF   NEW     YORK
           COUNTY       OF  NASSAU
           _____________________________________________________________

           DOREEN       GILMORE,


                                                                Plaintiff,                         AFFIDAVIT


                                            -against-



           COUNTY       OF  NASSAU       and  TOWN       OF   OYSTER      BAY,                     Index  No.  609905/2019


                                                             Defendants.
           _______________--___------------________________




               STATE     OF  NEW     YORK     )
                                              )  ss.:
               COUNTY       OF  NASSAU        )




                                 WILLIAM       NIMMO,      being   duly  sworn,   deposes   and   says:


                                1.  I am   a Deputy   Commissioner       employed     by the  Nassau   County    Department     of



             Public   Works    with  an  office  located  at 1194   Prospect   Avenue,    Westbury,    New    York.


                                2.  In my   capacity   as Deputy    Commissioner       and  by  way  of  work   experience    and


              records  maintained    by  the  Nassau   County    Department     of Public   Works,    I am  personally   familiar



              with  the appurtenances,     roadways,    sidewalks,    and  storm   water  basins  under   the jurisdiction   of the



              County    of Nassau.   I make   this affidavit  based   on  personal   knowledge     and  the records   maintained



              by  my   Department.



                                3.   The  Office   of the County    Attorney    requested   that I search   records,


              documentation,     and   information    maintained    by  the Nassau    County   Department      of Public  Works



              regarding   Nassau    County    Basin  #7  (hereinafter,   "the  subject  storm  water   basin"),  which    is



              adjacent   to 76  West   Oak   Street, Farmingdale,     New    York.
   FILED:         NASSAU        COUNTY         CLERK        06/21/2022             03:13       PM                      INDEX    NO.   609905/2018
   NYSCEF     DOC.   NO.   133                                                                                RECEIVED      NYSCEF:     06/21/2022




                               4.   In response    to the request   by the  Office  of  the County    Attorney,   I personally


             searched   records,   documentation,      and  information    maintained    on  the AIM    computer    database,


             departmental     files,and   physical   files at the Department     of Public   Works.



                               5.   The  subject   storm  water   basin,  constructed    in 1954,  is a passive   facility. The


             subject   storm  basin  was   designed   to collect  storm   water   run-off  from   local tributary  roads   and


             allows   that water   to percolate   into the  ground.   The  subject   storm  basin  was   designed    to prevent



             flooding   from   local  roadways    for the  benefit  of all local  residents.


                                6.  The  Nassau    County    Department     of Public   Works    maintains   the  subject  water


             basin   to collect and   drain  storm  water   for the  benefit  of the  surrounding    roadways    and   for the


             benefit   of the local  Nassau    County   residents.



                                7.  From   personal    knowledge     and  after a review   of the  records,   documentation,


              and  information    maintained    by  the Nassau    County   Department      of Public  Works,    I attest that the



              County   of Nassau    does  not  derive  a special   use or a special   benefit  from   the subject   storm  water


              basin  or the  fence  around   the  subject  storm   water  basin.  The  subject   storm  water   basin,  known    as


              sump#7    and  the  fence  surrounding     sump#7    was  constructed    and  operates   solely  for the  benefit  of



              the local  Nassau   County    residents.




                                                                                WILLIAM       NIMMO



               Sworn    to before  me   on

               this the       day  of June

               2022



                                                               tAURAA   Sn!gg
                                                              Pubil4 8tateof Neur tak
                                                              NO. 01876179595
                                                          Cluallfled
                                                                   In Nassau
               NOTARY        PUBLIC                  n




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