Preview
FILED: SUFFOLK COUNTY CLERK 10/19/2018 10:18 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 426 RECEIVED NYSCEF: 10/19/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-----------x
ALICA M. ARUNDEL; SUZANNE SCHULMAN, AS
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M.
SHULMAN DECEASED; OLGA LIPTETS; MINDY
GRABINA, AS ADMINISTRATRIX OF THE ESTATE Index Nos: 611214/15
AMY GRABINA, AND MINDY GRABINA INDIVIDUALLY; 609082/15
STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE 600055/16
OF LAUREN BARUCH, DECEASED AND STEVEN BARUCH, 603536/16
INDIVIDUALLY; JOELLE DIMONTE; MELISSA A. CRAI, AND 003364/16
ARTHUR A. BELLI JR, AS PARENT AND NATURAL GUARDIAN 001831/16
OF STEPHANIE BELLI, DECEASED, AND AS THE 607598/16
ADMINISTRATOR OF THE ESTATE OF STEPHANIE BELLI, 614685/16
Plaintiffs,
- against - ORDER WITH NOTICE
OF ENTRY
STEVEN D. ROMEO, ROMEO DIMON MARINE SERVICES, INC.,
CARLOS F. PINO, ULTIMATE CLASS LIMOUSINE, INC.,
COUNTY OF SUFFOLK, TOWN OF SOUTHOLD and
CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE
1-5"
and "XYZ COMPANIES name being fictitiousbut intended
to be the remamlfac01rers, distributors and/sellers of the 2007 Lincoln
Town Car stretch limousine involved in the collision,
Defendants.
---- -------------------------- ----x
PLEASE TAKE NOTICE, that within is a true copy of an Order duly entered in the office of the
clerk within named court on/or about October 11, 2018.
Dated: Mahopac, New York
October 19, 2018
Yours, etc.,
JOSEPH J.TOCK
Attorney for Plaintiff: Melissa A. Crai
963 ROUTE 6
MAHOPAC, NY 10541
(845) 628-8080
LAw OFFICES OF OSEPu J. Tocx • ROUTE 6, MAHOPAC, NEW You 10541
963
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To:
Lewis Johs Avallone Aviles, LLP
Attorneys for Defendant: Steven D. Romeo
One CA Plaza, Suite225
Islandia,NY 11749
Attn: Rebecca K. Devlin, Esq.
(Your FileNo.: 0114.1460.003C)
Cascone & Kluepfel LLP
Attorneys for Defendant: Romeo Dimon Marine Service,Inc.
1399 Franldin Avenue, Suite 302
Garden City,NY 11530
Attn: David G. Kluepfel, Esq.
(Your File No.: 04128DVM)
Law Offices of Vincent D. McNamara
Attorneys for Defendant: County of Suffolk
Tower Square -1045 Oyster Ste. 1
Bay Road,
East Norwich, NY 11732
(Your FileNo.: 907-4577)
Devitt Spellman & BarrrettLLP
Attorney for Defendant: Town of Southold
50 Route 111, Ste.314
Smithtown, NY 11788
Attn: David H. Arnsten, Esq.
(Your FileNo.: HC7554W9)
Ahmuty Demers & McManus
Attorney for Defendants: Ultimate Class Limousine, Inc.
and Carlos Pino
200 LU. Willets Road
Albertson, NY 11507
Attn: Neil J. Palmieri,Esq.
(Your FileNo.: IBM 068515 NJP)
Law Office of Andrea G. Sawyers
Attorneys for Defendant: Cabot Coach Builders, Inc.
d/b/a Royale Limousine
3 Huntington Quadrangle, Suite 102S
Melville, New York 11747
Attn: Steven A. Seigerwald, Esq.
(Your FileNo.: 2017024539SAS)
John L. Juliano, P.C.
Attorney for Plaintiff:Estateof Schulman
39 Doyle Court
East Northport, NY 11731
The Bongiorno Law Firm, PLLC
Attorney forPlaintiff:
Arundel
1415 Kellum Place, Suite 205
Garden City,NY 11530
LAw OFFICES Oli OSEPH J. Tocx • Rourn 6, MAHOPAc, NEw Yonx 10541
963
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Sullivan, Papain, Block, McGrath & Cannavo, P.C.
Attorney forPlaintiff:Estate ofBaruch
1140 Franklin Avenue, Suite 200
Garden City, NY 11530
Pegalis & Erickson, LLC
Attorney for Plaintiff:
DiMonte
One Hollow Lane, Suite 107
Lake Success, NY 11042
Frank J. Laine, P.C.
Attorney for Plaintiff:
Estate of Grabina
449 South Oyster Bay Road
Plainview, NY 11803
Paris & Chaikin, PLLC
Attorney for: Lipets
14 Penn Plaza, Ste.2202
New York, NY 10122
Block O'Toole & Murphy, Esqs.
Attorney for: Estateof Belli
One Penn Plaza, Ste. 5315
New York, NY 10019
LAw OFFICES OF OSEPH J. Tocx + ROUTE 6, MAHOPAc, NEw YORK 10541
963
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NYSCEF DOC. NO. 415 RECEIVED NYSCEF: 10/11/2018
TNDEX NO. 613214/2015
SU PREME COURT - STATE OF NEW YORK .
L A.S. PART 12 - SUFFOLK COUNTY
PRESENT:
Hon. John H. Rouse
Acting Supreme Court Justice e-filed full participation
SUZANNE SCHULMAN AS A DMIN[STRATR1X OF T.HE ESTATE OF
BRITTNEY M. SCHULMAN, DECEASED, ALICIA M ARUNDEL, OLGA
LIPETS, MINDY GRABINA A/O/E AMY GRABINA, AND.MINDY
GRABINA, INDIVIDUALLYo STEVEN BARUCH A/O/B LAUREN
BARUCH, DECEA$ED, AND STEVEN BARUCH, INDIVIDUALLY,
JOELLE DIMONTE, MELISSA A CRA), ARTHUR A BELLI JR AS PARENT
AND NATURAL GUARDIAN OF STEPHANIE BELL1, DECEASED, AND
AS THE ADMTNISTRATOR OF THE E/O STEPHANIE BELLI
Plaintiffs
DECISION & ORDER
-against
ULTIMATE CLASS LIMOUSINE, INC., CARLOS F PINO, ROMEO D1MON
MARINE SERVICE, INC., STEVEN D ROMEO, TOWN OF SOUTHOLD,
COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC D/B/A
ROYALE LIMOUSINE, XYZ COMPANIES 1-5 NAME BEING FICTITIOUS
BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS,
AND/OR SELLERS OF THE 2007 LINCOLN TOWN CAR STRETCH
LIMOU SINE INVOLVED IN THE COLLISION,
Defendants
TO:
BY MAIL TO: JOHN L JULIANO PC
HON. TIMOTHY D. SINI 39 DOYLE CT
SUFFOLK COUNTY DISTRICT ATTORNEY E NORTHPORT, NY 1 f 731
BY: W1LLIAM T. FERRIS, lil,ESQ. 63 t-499-9300
CHIEP ASSISTANT TO THE DISTRICT ATTORNEY
WILLIAM J. LINDSAY COUNTY COMPLEX - BLDG. 77 THE BONGlORNO LAW PLLC.
FIRM,
VETBRANS MEMORIAL HIGHWAY 1415 KELLUM PLACE, STE, 205
HAUPPAUGE, NY 11788 OARDEN CITY, NY I 1530
631-852-2469 , 5 l 6-741-4170
and e-mailto:William.Ferrisill@suffolkcountyny.gov
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NYSCEF DOC. NO. 415 RECEIVED NYSCEF: 10/11/2018
PARIS & CHAlKIN PLC VIGOR)TO, BARKER
14 PENN PLAZA, SUJTE 2000 .PORTER & LLP
PATTERSON,
NEW YORK, NY 10122 300 OARDEN CITY PLZ, STE 308
212-742-0476 GARDEN CITY, NY 11530
516-288-7464
THE LAW OFFICE OF ROBIN V. SINOH, ESQ. P.C.
193-15 HILLSIDE AVENUE AHMUTY DEMERS & MCMANUS
HOLLIS, NY I I423 200 1.U. W1LLETS RD.
917-923-1646 ALBERTSON, NY 11507
5I6-294-5433
FRANK J. LAINE, P.C.
449 S OYSTER BAY RD CASCONE & KLUEPFEL, LLP
PLAINVlBW, NY 11803 1399 FRANKLlN AVENUE
516-937-10I0 GARDEN CITY, NY I 1530
5(6-747-1990
SULLIVAN, PAPAIN, BLOCK,
MCGRATH, CANNAVO, P.C. LEWIS JOHS AVALLONE AVILES, LLP
1140 FRANKL1N AVE., STE200 ONE CA PLAZA, SUlTE 225
GARDEN CITY, NY I1530 ISLANDIA, NY I1749
212-266-4208 631-755-0101
PEGALIS & ERICKSON, LLC DEVITT SPELLMAN BARRETT, LLP
1 HOLLOW LN, STE 107 50ROUTE 111
NEW HYDE PARK, NY 11042 SMITHTOWN, NY 11787
516- 684-2900 631.724-8833
LAW OFFICES OF JOSEPH J TOCK HON. ÖENN1S M. BROWN
963 ROUTE 6 SUFFOLK COUNTY ATTORNEY
NY r0541 100 VETERANS MEMORIAL.HIGHWAY
MAHOPAC,
845-628-8080 HA'UPPAUGE,NY 11788 ,
631-8534055
BLOCK O'TOOLE & MURPHY LLP
SUITE 5315 LAW OFFICE OF ANDREA G. SAWYERS
1 PENN PLAZA,
NY 10119 PO BOX 9028
. NEW YORK,
MELV!LLE, NY 11747
212-736-5300
631-501-3077
the letterto the Court (e-filed document from counsel for Suzanne
Upon review of 414)
Administratrix of the Estate of Brittney M. Schulman, the e-mail correspondence
Schuhnan as
the Answer David H. Arnsten, Esq. On October 7,201·8; and
beginning on October 5, 2018; by
John Esq. on October 9,2018; the conversation between John L.
the Answer of L. Juliano,
court's law clerk as described herein; and all e-filed documents 1-414
Juliano, Esq. and this
e-documents 373 and 410, itis:
including specifically
proper payment the party in this action, and within ten days
ORDERED that, upon by requesting
notice'of of this decision and order is made upon the Suffolk County
of the date service of entry
Suffolk District isdirected to provide to such party those
District Attorney; the County Attorney
ordered to be discicsed in the decision and order of the court dated July 17,
materials this court
2018 (e-filed document number 410); arid itis further
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[FILED : SUFFOLK COU1Ègxcgyggi
NYSCEF DOC. NO. 415 RECEIVED NYSCEF: 10/11/2018
ORDERED that the parties are directed to complete discovery inthis action with the that
alacrity
isconsonant with the rights of allparties to thisaction; and itis further
!
ORDERED that the Clerk of the Court is directed to e-filetogether with this decision and order
the e-mail correspondence referred to in thisdecision and order; and itis further
ORDERED that the parties, ifthey have not done so already, are directed to review the rules of
thispart found at: https://www.nycourts.gov/courts/10jd/suffolk/SC_Part_Rules/Rouse-pdf
DECISION
The Court has reviewed the letterfrom counsel for Suzanne Schulman as Administratrix of the
Estate of Brittney M. Schuhnan dated September 21, 2018 along with the e-mail correspondence
with the court's law clerk which the court clerk wille-file to be kept with the record of these
proceedings. Further, counsel for Suzanne Schulman as Administratrix of the Estate of Brittney
M. Schulman had a conversation with the law clerk this morning, October 10, 2018, wherein
procedural concerns for obtaining discovery ordered by the court in the decision and order of the
court dated 2018 (e-filed document number 410) were discussed and thispresent order is
July 17,
now issued to address the same. 22 NYCRR § 100.3 (B)(6).
being
Ithas been proposed counsel for Suzanne Schulman as Administratrix of the Estate of
by
M. Schulman that a stipulation might be made by all parties, Plaintiffs and Defendants,
Brittney
be convened to discuss such a possible stipulation to supplant the prior order
and thatallparties
In litigation such as this,itis often unwieldy to obtain stipulations of all
of this court. multiparty
and here the court has already rendered a decision and issued an order that
interested parties,
disclosure of materials to the litigantsin this action. The parties are always
provides for
chart their own course in the litigation stipulation or other proper means of
welcome to by
has been presented to the court for itsconsideration
resolving disputes. No stipulation, however,
substantive rights of the parties to thisaction. This action was commenced on
to alterthe
courthas an obligation to insure that discovery is completed so that a
October 21, 2015, and this
filed and the case tried ifno other disposition is achieved. 22 NYCRR §
note of issue can be
the parties are directed to proceed in accordance with the prior orders
100.3 (B)(7). Accordingly,
compliance with the prior orders of the c urt,or upon a dispute
of the court, and upon default of
parties are filesuch motions with th urt as ma ,be necessary and
that requires resolution, the
permitted by law.
Dated: October 10, 2018
JOHN H. ROUS , Actit g J.S.C.
NONJINAL DISPOSITION
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From: John L Juliana P.C.
Sent: Tuesday, October 09, 2018 1:21 PM
To: Thomas Moore
Subject: RE: 611214/2015 Suzanne Schulrnan et al- v.- Ultimate Class Limousine, Inc.et al
Dear Mr. Moore:
Allcounsel and the DA's Office would Jikean appearance date before the Court so that the agreed upon stipulationwith
the DistrictAttorney's Office can be agreed to and a new Order for of defendants'
the taking the depositions can also be
agreed and filed.Your kind advice isanticipated.
John Juliano,Attorney for the Schulmans
Law Offices of
goDn 3L Sultano, $Æ.
John L Juliano, ESQ.
39 Doyle Court
E. Northport, NY 11731
(631) 499-9300
Fax: (631)462-2532
From: Thomas Moore [mailto:tmoorel@nycourts.gov]
Sent: Tuesday, October 09, 2018 9:23 AM
To: Dave Arntsen
Cc: henri.demers@admlaw.com; Neil.Palmlerl@admlaw.com; jparis@parischaikin.com; dkluepfel@cklaw.com;
rkdev|‡‡kvejobs.com; kspellman@devittspellmantaw.com; joetock@tocklaw.com; abs@pegalisanderickson.com;
jpriscc©travelers.com; ssicigai@travelers.com; llucchese@cklaw.corn; gnieben©pegalisanderickson.com;
bifefile©thebonglornolawfirm,com; rvsesq23@gmall.com; kwalsh@vdm-law.com; gsuarez@triallawl.com;
jfj@johnljullanopc.com; dseideri@blockotoole.com; fjlpc1@optonHne.net; d,arñtsâñ@dev|ttspellmaniaw.com;
William,FerrislII@süficikcountyny.gov
Suzanne Schulman etal - v.-. UltimateClass Inc. et at
Subject: RE: 611214/2015 Limousine,
To All Counseh
For itis theunderstanding that any stipulation to be made on thisissue would be with allparties té the
clariflcation,
allPlaintiffs
and Defendants and the non-party Suffolk County DistrictAttorney. Ifa stipulation cannot be
action,
accomplished to the satisfaction of all,then any remaining disagreement should be resolved by motion. in
prGraptly
itwould advance the Interests of allconcerned in thiscase for those minutes, or portions of the minutes,
the meantime,
exhibits or parts of exhibits that are not in dispute to be provided as required by the court order. (e-document 410).
and
partles to thiscivlfaction are participating in e-filing The Suffolk County DistrictAttorney is encouraged to
All
submissions inthis action as a non-party should motion practice be necessary. See 22 NYCRR §
participate in e-filing
202.5-6
Thank you,
4 of 6
Thomas F, Moore
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FILED SUFFOLK COUNTyx
19eyqp
N NO. 415 RECEIVED NYSCEF: 10/11/2018
From: Dave Arntsen
Sent: Sunday, October 07, 2018 11:34 AM
To: Thomas Moore
Cc: henri.demers@admlaw.com; Nell,Palmieri@admlaw.com; jparis@parischaikin.com; dkluepfel@cklaw.com;
rkdedir,‡kwisjohs.com; kspellman@devittspeffmanlaw,com; joetock@tocklaw.com; abs@pegallsanderickson.com;
jprisco@travelers.com; sstelger@travelers.com; llucchese@cklaw.com; gnielsen@pegalisanderickson.com;
blfefile@thebongiernclawfirm.com; rvsesq23@gmail.com; kwalsh@vdrn-law.corn; gsuarez@triallawl.com;
jlj@johntjulianopc.com; dselden@blockotoole.corn; fjlpc1@optonline.net; d,arntsen@dêvittspellmanlaw.com;
WilliamJerrisfll@suffolkcountyny,gov
Subject: Re: 611214/2015 Suza nne Schulrnan et al - v. -
Ultimate Class Limousine, Inc.et al
Mr. Moore,
Thank you for your letter.Please be advised that, on behalf of the Town of Southold, we, would liketo
too, be privyto
and partof any discussion and review of proposals frorn the DistrictAttorney's as
office, we have been seeking the same
materials as has counsel to plaintiff$chulman, Indeed, I believethat allof the parties to thiscase showd be to
privy the
DA's proposals as to the release of information and documents as we allhave the same need for the information. I write
only because your directive seems to IImitthe recommended discussions to the plaintiffsand the District
Attorney's
office.Though I do not speak with authorization of my colleagues representing the defendants, I do believe, as noted,
that allparties want the information and should therefore have input, and the abilityto make any appropriate inotion as
contemplated Inyour letter,should agreement not be reached.
Respectfully,
David H. Arntsen
Devitt Spellman Barrett LLP
50 Route 111
Smithtown, New York 11787
(631}724-8833
Sent from my iPad
On Oct 5, 2018, at 9:34 AM, Thomas Moore wrote:
Counsel:
The Court has reviewed the letterdated September 21, 2018 (e-document 414) from counsel for
the
Plaintiff, Estate of Brittney Schulman, as pertains to the order of the Court served upon the parties
and non-party Suffolk County DistrictAttorney Timothy D. $1ni withnotice of entry dated July18, 2018
(e-document 411), Counsel inhis letteradvises that in speaking with William T. Ferris,fll,Esq.,Chief
Assistant tothe DistrictAttorney, the DistrictAttorney has questions concerning what docurnents the
court'sorder requires the DistrictAttorney to release to but
Plaintiffs, that the DistrictAttorney would
prepare a stipulation regarding thisdiscovery issue tobe submitted and agreed upon by allparties.
Plaintiff's
counsel further advises in blsletterthat he has not received the proposed stipulation and
requests a court conference, The DistrictAttorney by Assistant DistrictAttorney Elizabeth Miller,Esq.
had advised the Court that the Dis ictAtto ney as contemplating a
filing motion toreargue
originally
the priormotion that led to the incamera i ectl2) f t minutes of the grand jury proceeding by this
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FILED : nSFRR 216V TP/
vi a ef re urt 1 e e o on a u p Ing C s t
, Ferris advised the court that the DistrictAttorney would not be filingthe motion to reaargue as had
been under consideration. On October 4, 2018 the Court contacted the office ofthe DistrictAttorney to
obtain the e-mail address for ChiefAssistant Ferrisso that allcorrespondehce from the court to the
interested partiescould be delivered inthe same manner by e-rnall.
In multiparty 11tigationitis often uriwié|dy to obtain stipulations of allinterested parties, itisfor this
reason the court prefers that Ifa discovery disagreement, or in thiscase the scope and applicabilityof
the court'sorder, isindispute and isnot subject to prornpt resolution, then the Issues should be
presented ina motion to the court where a cornplete record ismade, allparties can be given fairnotice
of the'dispute together with an opportunity to be heard. Based upon the foregoing, itisrecomrnended
that the DistrictAttorney provide a schedule of ininütas,or portions of the minutes, and exhibits or
parts of exhibits that he contends are not covered by the order of the court and not subject to release to
the Plaintiffsin thiscivilaction. Ifthe matter is not promptly resolved to the satisfactionof allparties,
then the appropriate motion should be fi[edwith the court
Thank you,
Thomas F. Moore
Principal Law Clerk to
John H.Rouse, Acting J.S.C.
3
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Preview
FILED: SUFFOLK COUNTY CLERK 10/19/2018 10:18 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 426 RECEIVED NYSCEF: 10/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------x ALICA M. ARUNDEL; SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SHULMAN DECEASED; OLGA LIPTETS; MINDY GRABINA, AS ADMINISTRATRIX OF THE ESTATE Index Nos: 611214/15 AMY GRABINA, AND MINDY GRABINA INDIVIDUALLY; 609082/15 STEVEN BARUCH, AS ADMINISTRATOR OF THE ESTATE 600055/16 OF LAUREN BARUCH, DECEASED AND STEVEN BARUCH, 603536/16 INDIVIDUALLY; JOELLE DIMONTE; MELISSA A. CRAI, AND 003364/16 ARTHUR A. BELLI JR, AS PARENT AND NATURAL GUARDIAN 001831/16 OF STEPHANIE BELLI, DECEASED, AND AS THE 607598/16 ADMINISTRATOR OF THE ESTATE OF STEPHANIE BELLI, 614685/16 Plaintiffs, - against - ORDER WITH NOTICE OF ENTRY STEVEN D. ROMEO, ROMEO DIMON MARINE SERVICES, INC., CARLOS F. PINO, ULTIMATE CLASS LIMOUSINE, INC., COUNTY OF SUFFOLK, TOWN OF SOUTHOLD and CABOT COACH BUILDERS, INC., d/b/a ROYALE LIMOUSINE 1-5" and "XYZ COMPANIES name being fictitiousbut intended to be the remamlfac01rers, distributors and/sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. ---- -------------------------- ----x PLEASE TAKE NOTICE, that within is a true copy of an Order duly entered in the office of the clerk within named court on/or about October 11, 2018. Dated: Mahopac, New York October 19, 2018 Yours, etc., JOSEPH J.TOCK Attorney for Plaintiff: Melissa A. Crai 963 ROUTE 6 MAHOPAC, NY 10541 (845) 628-8080 LAw OFFICES OF OSEPu J. Tocx • ROUTE 6, MAHOPAC, NEW You 10541 963 1 of 10 FILED: SUFFOLK COUNTY CLERK 10/19/2018 10:18 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 426 RECEIVED NYSCEF: 10/19/2018 To: Lewis Johs Avallone Aviles, LLP Attorneys for Defendant: Steven D. Romeo One CA Plaza, Suite225 Islandia,NY 11749 Attn: Rebecca K. Devlin, Esq. (Your FileNo.: 0114.1460.003C) Cascone & Kluepfel LLP Attorneys for Defendant: Romeo Dimon Marine Service,Inc. 1399 Franldin Avenue, Suite 302 Garden City,NY 11530 Attn: David G. Kluepfel, Esq. (Your File No.: 04128DVM) Law Offices of Vincent D. McNamara Attorneys for Defendant: County of Suffolk Tower Square -1045 Oyster Ste. 1 Bay Road, East Norwich, NY 11732 (Your FileNo.: 907-4577) Devitt Spellman & BarrrettLLP Attorney for Defendant: Town of Southold 50 Route 111, Ste.314 Smithtown, NY 11788 Attn: David H. Arnsten, Esq. (Your FileNo.: HC7554W9) Ahmuty Demers & McManus Attorney for Defendants: Ultimate Class Limousine, Inc. and Carlos Pino 200 LU. Willets Road Albertson, NY 11507 Attn: Neil J. Palmieri,Esq. (Your FileNo.: IBM 068515 NJP) Law Office of Andrea G. Sawyers Attorneys for Defendant: Cabot Coach Builders, Inc. d/b/a Royale Limousine 3 Huntington Quadrangle, Suite 102S Melville, New York 11747 Attn: Steven A. Seigerwald, Esq. (Your FileNo.: 2017024539SAS) John L. Juliano, P.C. Attorney for Plaintiff:Estateof Schulman 39 Doyle Court East Northport, NY 11731 The Bongiorno Law Firm, PLLC Attorney forPlaintiff: Arundel 1415 Kellum Place, Suite 205 Garden City,NY 11530 LAw OFFICES Oli OSEPH J. Tocx • Rourn 6, MAHOPAc, NEw Yonx 10541 963 2 of 10 FILED: SUFFOLK COUNTY CLERK 10/19/2018 10:18 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 426 RECEIVED NYSCEF: 10/19/2018 Sullivan, Papain, Block, McGrath & Cannavo, P.C. Attorney forPlaintiff:Estate ofBaruch 1140 Franklin Avenue, Suite 200 Garden City, NY 11530 Pegalis & Erickson, LLC Attorney for Plaintiff: DiMonte One Hollow Lane, Suite 107 Lake Success, NY 11042 Frank J. Laine, P.C. Attorney for Plaintiff: Estate of Grabina 449 South Oyster Bay Road Plainview, NY 11803 Paris & Chaikin, PLLC Attorney for: Lipets 14 Penn Plaza, Ste.2202 New York, NY 10122 Block O'Toole & Murphy, Esqs. Attorney for: Estateof Belli One Penn Plaza, Ste. 5315 New York, NY 10019 LAw OFFICES OF OSEPH J. Tocx + ROUTE 6, MAHOPAc, NEw YORK 10541 963 3 of 10 FILED: SUFFOLK COUNTY CLERK 10/19/2018 10:18 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 426 RECEIVED NYSCEF: 10/19/2018 FILED : SUFFOLK COU1 C ER 21&/1 NYSCEF DOC. NO. 415 RECEIVED NYSCEF: 10/11/2018 TNDEX NO. 613214/2015 SU PREME COURT - STATE OF NEW YORK . L A.S. PART 12 - SUFFOLK COUNTY PRESENT: Hon. John H. Rouse Acting Supreme Court Justice e-filed full participation SUZANNE SCHULMAN AS A DMIN[STRATR1X OF T.HE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED, ALICIA M ARUNDEL, OLGA LIPETS, MINDY GRABINA A/O/E AMY GRABINA, AND.MINDY GRABINA, INDIVIDUALLYo STEVEN BARUCH A/O/B LAUREN BARUCH, DECEA$ED, AND STEVEN BARUCH, INDIVIDUALLY, JOELLE DIMONTE, MELISSA A CRA), ARTHUR A BELLI JR AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELL1, DECEASED, AND AS THE ADMTNISTRATOR OF THE E/O STEPHANIE BELLI Plaintiffs DECISION & ORDER -against ULTIMATE CLASS LIMOUSINE, INC., CARLOS F PINO, ROMEO D1MON MARINE SERVICE, INC., STEVEN D ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC D/B/A ROYALE LIMOUSINE, XYZ COMPANIES 1-5 NAME BEING FICTITIOUS BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS, AND/OR SELLERS OF THE 2007 LINCOLN TOWN CAR STRETCH LIMOU SINE INVOLVED IN THE COLLISION, Defendants TO: BY MAIL TO: JOHN L JULIANO PC HON. TIMOTHY D. SINI 39 DOYLE CT SUFFOLK COUNTY DISTRICT ATTORNEY E NORTHPORT, NY 1 f 731 BY: W1LLIAM T. FERRIS, lil,ESQ. 63 t-499-9300 CHIEP ASSISTANT TO THE DISTRICT ATTORNEY WILLIAM J. LINDSAY COUNTY COMPLEX - BLDG. 77 THE BONGlORNO LAW PLLC. FIRM, VETBRANS MEMORIAL HIGHWAY 1415 KELLUM PLACE, STE, 205 HAUPPAUGE, NY 11788 OARDEN CITY, NY I 1530 631-852-2469 , 5 l 6-741-4170 and e-mailto:William.Ferrisill@suffolkcountyny.gov Page 1 of 3 1 of 6 4 of 10 FILED: SUFFOLK COUNTY CLERK 10/19/2018 10:18 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 426 RECEIVED NYSCEF: 10/19/2018 FILED: SUFFOLK COU1WFCTEltEUWG/ 172 NYSCEF DOC. NO. 415 RECEIVED NYSCEF: 10/11/2018 PARIS & CHAlKIN PLC VIGOR)TO, BARKER 14 PENN PLAZA, SUJTE 2000 .PORTER & LLP PATTERSON, NEW YORK, NY 10122 300 OARDEN CITY PLZ, STE 308 212-742-0476 GARDEN CITY, NY 11530 516-288-7464 THE LAW OFFICE OF ROBIN V. SINOH, ESQ. P.C. 193-15 HILLSIDE AVENUE AHMUTY DEMERS & MCMANUS HOLLIS, NY I I423 200 1.U. W1LLETS RD. 917-923-1646 ALBERTSON, NY 11507 5I6-294-5433 FRANK J. LAINE, P.C. 449 S OYSTER BAY RD CASCONE & KLUEPFEL, LLP PLAINVlBW, NY 11803 1399 FRANKLlN AVENUE 516-937-10I0 GARDEN CITY, NY I 1530 5(6-747-1990 SULLIVAN, PAPAIN, BLOCK, MCGRATH, CANNAVO, P.C. LEWIS JOHS AVALLONE AVILES, LLP 1140 FRANKL1N AVE., STE200 ONE CA PLAZA, SUlTE 225 GARDEN CITY, NY I1530 ISLANDIA, NY I1749 212-266-4208 631-755-0101 PEGALIS & ERICKSON, LLC DEVITT SPELLMAN BARRETT, LLP 1 HOLLOW LN, STE 107 50ROUTE 111 NEW HYDE PARK, NY 11042 SMITHTOWN, NY 11787 516- 684-2900 631.724-8833 LAW OFFICES OF JOSEPH J TOCK HON. ÖENN1S M. BROWN 963 ROUTE 6 SUFFOLK COUNTY ATTORNEY NY r0541 100 VETERANS MEMORIAL.HIGHWAY MAHOPAC, 845-628-8080 HA'UPPAUGE,NY 11788 , 631-8534055 BLOCK O'TOOLE & MURPHY LLP SUITE 5315 LAW OFFICE OF ANDREA G. SAWYERS 1 PENN PLAZA, NY 10119 PO BOX 9028 . NEW YORK, MELV!LLE, NY 11747 212-736-5300 631-501-3077 the letterto the Court (e-filed document from counsel for Suzanne Upon review of 414) Administratrix of the Estate of Brittney M. Schulman, the e-mail correspondence Schuhnan as the Answer David H. Arnsten, Esq. On October 7,201·8; and beginning on October 5, 2018; by John Esq. on October 9,2018; the conversation between John L. the Answer of L. Juliano, court's law clerk as described herein; and all e-filed documents 1-414 Juliano, Esq. and this e-documents 373 and 410, itis: including specifically proper payment the party in this action, and within ten days ORDERED that, upon by requesting notice'of of this decision and order is made upon the Suffolk County of the date service of entry Suffolk District isdirected to provide to such party those District Attorney; the County Attorney ordered to be discicsed in the decision and order of the court dated July 17, materials this court 2018 (e-filed document number 410); arid itis further Page 2 of 3 2 of 6 5 of 10 FILED: SUFFOLK COUNTY CLERK 10/19/2018 10:18 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 426 RECEIVED NYSCEF: 10/19/2018 [FILED : SUFFOLK COU1Ègxcgyggi NYSCEF DOC. NO. 415 RECEIVED NYSCEF: 10/11/2018 ORDERED that the parties are directed to complete discovery inthis action with the that alacrity isconsonant with the rights of allparties to thisaction; and itis further ! ORDERED that the Clerk of the Court is directed to e-filetogether with this decision and order the e-mail correspondence referred to in thisdecision and order; and itis further ORDERED that the parties, ifthey have not done so already, are directed to review the rules of thispart found at: https://www.nycourts.gov/courts/10jd/suffolk/SC_Part_Rules/Rouse-pdf DECISION The Court has reviewed the letterfrom counsel for Suzanne Schulman as Administratrix of the Estate of Brittney M. Schuhnan dated September 21, 2018 along with the e-mail correspondence with the court's law clerk which the court clerk wille-file to be kept with the record of these proceedings. Further, counsel for Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman had a conversation with the law clerk this morning, October 10, 2018, wherein procedural concerns for obtaining discovery ordered by the court in the decision and order of the court dated 2018 (e-filed document number 410) were discussed and thispresent order is July 17, now issued to address the same. 22 NYCRR § 100.3 (B)(6). being Ithas been proposed counsel for Suzanne Schulman as Administratrix of the Estate of by M. Schulman that a stipulation might be made by all parties, Plaintiffs and Defendants, Brittney be convened to discuss such a possible stipulation to supplant the prior order and thatallparties In litigation such as this,itis often unwieldy to obtain stipulations of all of this court. multiparty and here the court has already rendered a decision and issued an order that interested parties, disclosure of materials to the litigantsin this action. The parties are always provides for chart their own course in the litigation stipulation or other proper means of welcome to by has been presented to the court for itsconsideration resolving disputes. No stipulation, however, substantive rights of the parties to thisaction. This action was commenced on to alterthe courthas an obligation to insure that discovery is completed so that a October 21, 2015, and this filed and the case tried ifno other disposition is achieved. 22 NYCRR § note of issue can be the parties are directed to proceed in accordance with the prior orders 100.3 (B)(7). Accordingly, compliance with the prior orders of the c urt,or upon a dispute of the court, and upon default of parties are filesuch motions with th urt as ma ,be necessary and that requires resolution, the permitted by law. Dated: October 10, 2018 JOHN H. ROUS , Actit g J.S.C. NONJINAL DISPOSITION Page 3 of 3 3 of 6 6 of 10 FILED: SUFFOLK COUNTY CLERK 10/19/2018 10:18 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 426 RECEIVED NYSCEF: 10/19/2018 FILED: SUFFOLK COU1Wfx N C OC. NO. .415 RECEIVED NYSCEF : 10/11/2018 From: John L Juliana P.C. Sent: Tuesday, October 09, 2018 1:21 PM To: Thomas Moore Subject: RE: 611214/2015 Suzanne Schulrnan et al- v.- Ultimate Class Limousine, Inc.et al Dear Mr. Moore: Allcounsel and the DA's Office would Jikean appearance date before the Court so that the agreed upon stipulationwith the DistrictAttorney's Office can be agreed to and a new Order for of defendants' the taking the depositions can also be agreed and filed.Your kind advice isanticipated. John Juliano,Attorney for the Schulmans Law Offices of goDn 3L Sultano, $Æ. John L Juliano, ESQ. 39 Doyle Court E. Northport, NY 11731 (631) 499-9300 Fax: (631)462-2532 From: Thomas Moore [mailto:tmoorel@nycourts.gov] Sent: Tuesday, October 09, 2018 9:23 AM To: Dave Arntsen Cc: henri.demers@admlaw.com; Neil.Palmlerl@admlaw.com; jparis@parischaikin.com; dkluepfel@cklaw.com; rkdev|‡‡kvejobs.com; kspellman@devittspellmantaw.com; joetock@tocklaw.com; abs@pegalisanderickson.com; jpriscc©travelers.com; ssicigai@travelers.com; llucchese@cklaw.corn; gnieben©pegalisanderickson.com; bifefile©thebonglornolawfirm,com; rvsesq23@gmall.com; kwalsh@vdm-law.com; gsuarez@triallawl.com; jfj@johnljullanopc.com; dseideri@blockotoole.com; fjlpc1@optonHne.net; d,arñtsâñ@dev|ttspellmaniaw.com; William,FerrislII@süficikcountyny.gov Suzanne Schulman etal - v.-. UltimateClass Inc. et at Subject: RE: 611214/2015 Limousine, To All Counseh For itis theunderstanding that any stipulation to be made on thisissue would be with allparties té the clariflcation, allPlaintiffs and Defendants and the non-party Suffolk County DistrictAttorney. Ifa stipulation cannot be action, accomplished to the satisfaction of all,then any remaining disagreement should be resolved by motion. in prGraptly itwould advance the Interests of allconcerned in thiscase for those minutes, or portions of the minutes, the meantime, exhibits or parts of exhibits that are not in dispute to be provided as required by the court order. (e-document 410). and partles to thiscivlfaction are participating in e-filing The Suffolk County DistrictAttorney is encouraged to All submissions inthis action as a non-party should motion practice be necessary. See 22 NYCRR § participate in e-filing 202.5-6 Thank you, 4 of 6 Thomas F, Moore 7 of 10 FILED: SUFFOLK COUNTY CLERK 10/19/2018 10:18 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 426 RECEIVED NYSCEF: 10/19/2018 FILED SUFFOLK COUNTyx 19eyqp N NO. 415 RECEIVED NYSCEF: 10/11/2018 From: Dave Arntsen Sent: Sunday, October 07, 2018 11:34 AM To: Thomas Moore Cc: henri.demers@admlaw.com; Nell,Palmieri@admlaw.com; jparis@parischaikin.com; dkluepfel@cklaw.com; rkdedir,‡kwisjohs.com; kspellman@devittspeffmanlaw,com; joetock@tocklaw.com; abs@pegallsanderickson.com; jprisco@travelers.com; sstelger@travelers.com; llucchese@cklaw.com; gnielsen@pegalisanderickson.com; blfefile@thebongiernclawfirm.com; rvsesq23@gmail.com; kwalsh@vdrn-law.corn; gsuarez@triallawl.com; jlj@johntjulianopc.com; dselden@blockotoole.corn; fjlpc1@optonline.net; d,arntsen@dêvittspellmanlaw.com; WilliamJerrisfll@suffolkcountyny,gov Subject: Re: 611214/2015 Suza nne Schulrnan et al - v. - Ultimate Class Limousine, Inc.et al Mr. Moore, Thank you for your letter.Please be advised that, on behalf of the Town of Southold, we, would liketo too, be privyto and partof any discussion and review of proposals frorn the DistrictAttorney's as office, we have been seeking the same materials as has counsel to plaintiff$chulman, Indeed, I believethat allof the parties to thiscase showd be to privy the DA's proposals as to the release of information and documents as we allhave the same need for the information. I write only because your directive seems to IImitthe recommended discussions to the plaintiffsand the District Attorney's office.Though I do not speak with authorization of my colleagues representing the defendants, I do believe, as noted, that allparties want the information and should therefore have input, and the abilityto make any appropriate inotion as contemplated Inyour letter,should agreement not be reached. Respectfully, David H. Arntsen Devitt Spellman Barrett LLP 50 Route 111 Smithtown, New York 11787 (631}724-8833 Sent from my iPad On Oct 5, 2018, at 9:34 AM, Thomas Moore wrote: Counsel: The Court has reviewed the letterdated September 21, 2018 (e-document 414) from counsel for the Plaintiff, Estate of Brittney Schulman, as pertains to the order of the Court served upon the parties and non-party Suffolk County DistrictAttorney Timothy D. $1ni withnotice of entry dated July18, 2018 (e-document 411), Counsel inhis letteradvises that in speaking with William T. Ferris,fll,Esq.,Chief Assistant tothe DistrictAttorney, the DistrictAttorney has questions concerning what docurnents the court'sorder requires the DistrictAttorney to release to but Plaintiffs, that the DistrictAttorney would prepare a stipulation regarding thisdiscovery issue tobe submitted and agreed upon by allparties. Plaintiff's counsel further advises in blsletterthat he has not received the proposed stipulation and requests a court conference, The DistrictAttorney by Assistant DistrictAttorney Elizabeth Miller,Esq. had advised the Court that the Dis ictAtto ney as contemplating a filing motion toreargue originally the priormotion that led to the incamera i ectl2) f t minutes of the grand jury proceeding by this 8 of 10 FILED: SUFFOLK COUNTY CLERK 10/19/2018 10:18 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 426 SUFFOLK COUNT¥x RECEIVED NYSCEF: 10/19/2018 FILED : nSFRR 216V TP/ vi a ef re urt 1 e e o on a u p Ing C s t , Ferris advised the court that the DistrictAttorney would not be filingthe motion to reaargue as had been under consideration. On October 4, 2018 the Court contacted the office ofthe DistrictAttorney to obtain the e-mail address for ChiefAssistant Ferrisso that allcorrespondehce from the court to the interested partiescould be delivered inthe same manner by e-rnall. In multiparty 11tigationitis often uriwié|dy to obtain stipulations of allinterested parties, itisfor this reason the court prefers that Ifa discovery disagreement, or in thiscase the scope and applicabilityof the court'sorder, isindispute and isnot subject to prornpt resolution, then the Issues should be presented ina motion to the court where a cornplete record ismade, allparties can be given fairnotice of the'dispute together with an opportunity to be heard. Based upon the foregoing, itisrecomrnended that the DistrictAttorney provide a schedule of ininütas,or portions of the minutes, and exhibits or parts of exhibits that he contends are not covered by the order of the court and not subject to release to the Plaintiffsin thiscivilaction. Ifthe matter is not promptly resolved to the satisfactionof allparties, then the appropriate motion should be fi[edwith the court Thank you, Thomas F. Moore Principal Law Clerk to John H.Rouse, Acting J.S.C. 3 6 of 6 9 of 10 FILED: SUFFOLK COUNTY CLERK 10/19/2018 10:18 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 426 RECEIVED NYSCEF: 10/19/2018 10 of 10