Preview
FILED: SUFFOLK COUNTY CLERK 12/19/2018 01:28 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 438 RECEIVED NYSCEF: 12/19/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
--------------------- --------------- X Index Nos. 611214/2015
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, 609082/2015
As Administratrix of the ESTATE OF BRITTANY 600055/2016
SCHULMAN, deceased; OLGA LIPETS, MINDY 603536/2016
GRABINA, as Administratrix of the Estate of AMY 003364/2016
GRABINA, and MINDY GRABINA, Individually, 607598/2016
STEVEN BARUCH, as Administrator of the Estate 001831/2016
Of LAUREN BARUCH, deceased and STEVEN 614685/2016
BARUCH, Individually, JOELLE DIMONTE; and
MELISSA A. CRAI and ARTHUR A. BELLI JR.,
As parent and Natural Guardian of STEPHANIE
BELLI, deceased, and as the Administrator of THE
ESTATE OF STEPHANIE BELLI,
Plaintiffs
-against- ORDER WITH NOTICE
OF ENTRY
ULTIMATE CLASS LIMOUSINE, INC., CARLOS
PINO, ROMEO DIMON MARINE SERVICES, INC.,
STEVEN ROMEO, TOWN OF SOUTHOLD and
COUNTY OF SUFFOLK, CABOT COACH BUILDERS,
INC. d/b/a ROYALE LIMOUSINE and "XYZ
1-5"
COMPANIES name being fictitious but intended
to be the remanufacturers, distributors and/or sellers
of the 2007 Lincoln Town Car stretch limousine
involved in the collision,
Defendants.
------ ------------- --------------------------X
PLEASE TAKE NOTICE, that the within is a true copy of an Order duly entered in the
office of the clerk of the within nained court on/or about December 14, 2018.
Dated: Albertson, New York
December 19, 2018
Yours, etc.,
AH ÛTY{ E ERS & McMANUS
By N Palmieri, Ifsq.
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NYSCEF DOC. NO. 438 RECEIVED NYSCEF: 12/19/2018
Attorneys for Ultimate Class Limousines, Inc.
and Carlos Pino
200 I.U. Willets Road
Albertson, New York 11507
(516) 294-5433
Our File No.: IBM 068515 NJP
To: The Bongiorno Law Firm, PLLC
Attorneys for Plaintiff - Arundel
1415 Kellum Place, Suite 205
Garden City, New York 11530
(516) 741-4170
File No. 6230.PP
John L. Juliano, P.C.
for Plaintiff - Schulman
Attorney
39 Doyle Court
East Northport, New York 11731
(631) 499-9300
Paris & Chaikin, PLLC
Attorneys for Plaintiff - Lipets
14 Penn Plaza, Suite 2202
New York, New York 10122
(212) 742-0476
Frank J. Laine, P.C.
for Plaintiff - Grabina
Attorney
449 South Oyster Bay Road
Plainview, New York 11803
(516) 937-1010
The Law Office of Robin V. Singh, P.C.
for Plaintiff - Grabina
Attorney
193-15 Hillside Avenue
Hollis, New York 11423
(917) 923-1646
Sullivan Papain Block McGrath & Cannavo, P.C.
Attorneys for Plaintiff - Baruch
1140 Franklin Avenue, Suite 200
Garden City, New York 11530
(516) 742-0707
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NYSCEF DOC. NO. 438 RECEIVED NYSCEF: 12/19/2018
Pegalis & Erickson, LLC
Attorneys for Plaintiff - Dimonte
One Hollow Lane, Suite 107
Lake Success, New York 11042
(516) 684-2939
Joseph J. Tock, Esq.
for Plaintiff - Crai
Attorney
963 Route 6
Mahopac, New York 10541
(845) 682-8080
Block O'Toole & Murphy, LLP
for Plaintiff - Belli
Attorney
1 Pennsylvania Plaza, suite 5315
New York, New York 10119
(212) 736-5300
Lewis, Johs, Avallone & Aviles, LLP
Attorneys for Steven D. Romeo
One CA Plaza, Suite 225
Islandia, New York 11749
(631) 755-0101
File No. 0114-1460-001C
Cascone & Kluepfel, LLP
Attorneys for Romeo Dimon Marine Services, Inc.
1399 Franklin Avenue, Suite 302
Garden City, New York 11530
(516) 747-1990
File No. 03787DVM
Law Offices of Vincent D. McNamara
Attorneys for The County of Suffolk
Tower Square - 1045 Oyster Suite 1
Bay Road,
East Norwich, New York 11732
(516) 922-9100
File No.: 907-4677
Devitt Spellman Barrett, LLP
Attorneys for The Town of Southold
50 Route 111
Smithtown, New York 11787
(631) 724-8833
File No.: HC7554W9
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Law Office of Andrea G. Sawyers
Attorney for Cabot Coach Builders, Inc.
3 Huntington Quadrangle, Suite 102S
Melville, New York 11747
(631) 501-3100
File No. 2017024539SAS
William T. Ferris III,Chief Assistant
Suffolk County District Attorney's Office
William T. Lindsay County Complex
Building 77
725 Veterans Memorial Highway
Hauppauge, New York 11788
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COUNTY CLERK INDEX NO. 611214 /2015
[FILED DOC.
NYSCEF : SU
NO. FFOLK
438 dt/14/201Ò 1Ô:15 AMl RECEIVED NYSCEF: 12/19/2018
NYSCEF DOC. NO. 433 . RECEIVED NYSCEF: 12 /14 /2018
INDEX NO. 611214/2015
SUPREME COURT - STATE OF NEW YORK
I.A.S. PART 12 - SUFFOLK COUNTY .
P R E S E
.
N T • ·
.
HonÔ John H. Rouse . .
Acting Supreme Court Justice . . e-filed full participagion
SUZANNE SCHULMAN AS ADMINISTRATRIX OF THE ESTATE OF
BRITTNEY M. SCHULMAN, DECEASED, ALICIA M ARUNDEL, OLGA
LIPETS, MINDY GRABINA A/O/E AMY GRABINA, AND MINDY
GRABINA, INDIVIDÙALLY,, STEVEN BARUCH A/O/E LAUREN
BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY,
JOELLE DIMONTE, MELISSA A CRAI, ARTHUR A BELLI JR AS PARENT
AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, ANIj STIPULATION · ·
AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI,
. Plaintiffs . . ,.
ORDER
-against-
ULTIMATE CLASS LÎMOUSINE, INC., CARLOS F PINO, ROMEO DIÑION . .
MARINE SERVICE, INC., STEVEN D ROMEO, TOWNOF SOUTHOLD,
COUNTY OF SUFFOl K, 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 .
LIMOUSINE INVOLVED IN THE COLLISION,
Defendants
TO:
BY MAIL TO: JOHN L JULIANO PC
HON, TIMÒTHY D. SINI 39 DOYLE CT
SUFFOLK COUNTY DISTRICT ATTORNEY E NORTHPORT, NY 1 1731
BY: WILLIAM T. FERRIS, III,ESQ. 63 f-499-9300
CHIEF ASSISTANT TO THE DISTRICT ATTORNEY
WILLIAM J. LINDSAV COUNTY COMPLEX · BLDG.377 THE BONGIORNO LAW PLLC.
FIRM,
VETERANS MEMORIAL HIGHWAY . 1415 KELLUM PLACE, STE. 205
HAUPPAUGE, NY 11788 . GARDEN CITY, NY 11530
631-852-2469 516-74i-4170
and e-mailto: William. errisill@suffe!kcourityny.gov ..
Page 1 of 3
1 of 3
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FILED DOC. SUFFOLK COUNTY CLERK 12 14 10 15 INDEX NO. 611214 / 2015
NYSCEF : NO. 438 / / 2018 : Al RECEIVED NYSCEF: 12/19/2018
NYSCEF DOC. NO. 433 . . RECEIVED NYSCEF:. 12/14/2018
PARIS & CHAIKIN PI C . AHMUTY DEMERS & MCMANUS .
. 14 PENN PLAZA, SUITE 2000 200 I.U. WILLETS RD.
NEW YORK, NY 101f2 ALBERTSON, NY 11507
212-742-0476 . 516-294-5433
FRANK J. LAINE, P.C. CASCONE & LLP
KLUEPFEL,
449 S OYSTER BAY RD . 1399 FRANKLIN AVÈNUE
PLAINVIEW, NY 11803 . GARDEN CITY, NY 11530
516-937-1010 516-747-1990
SULLIVAÑ, PAPAIN,,$3LOCK . LEWIS JOHS AVALLONE AVILES, LLP
MCGRATH, CANNAVO, P.C. ONE CA PLAZA, SUITE.225
1140 FRANKLIN AVE, STE 200 ISLANDIA, NY 11749
GARDEN CITY, NY 11530 - 631-755-0101
212-266-4208
DEVITT $PELLMAN BARRETT, LLP
PEGALIS & ERICKSON, LLC . 50 ROUTE 111 .
1 HOLLOW LN, STE 107 . SMITHTOWN, NY I1787
NEW HYDE PARK, NY 11042 631-724-8833
516- 684-2900 .
HON. DENNIS M. BROWN .
.LAW OFFICÈS OF JOSEPH J TOCK SUFFOLK COUNTY ATTORNEY .
963 ROUTE 6 100 VETERANS MEMORIAL HIGHWAY
MAROPAC, NY 10541 HAUPPAUGE, NY 11788
845-628-8080 . 631-853-4055 .
BLOCK O'TOOLE & MURPHY LLP LAW OFFICE OF ANDREA G. SAWYERS
1 PENN PlaZA, SUITE 5315 PO BOX 9028
NEW YORK, NY 10119 MELVILLE, NY l·l747
212-736-5300 631-501-3077
Upon a.court conference of this case on December 11, 2018 with all parties to this action and the
non-party Suffolk County District Attorney the parties have entered into a stipulation on the . .
record. The Court has been advised that under the previous District Attoiney, Thomas Spota, an
investigative grand jury was convened to investigate the circumstances surrounding a fatal motor
vehicle accident that.is the subject of this civil action. A criminal indictment was returned and a
separate report was issued by the investigative grand jury. Upon prior motion practice before this
court the District Attorney submitted minutes of the grand jury proceeding that returned the
crimirial indictments. Ithas been referred to as grand jury 1E and the proceedings submitted for
review ran from November 5, 2015 through February 23, 2016. The Court, by decision and order
dated July 17, 2018, directed the diädusure of the minutes that had been submined. However,
the minutes of the investigative portion of the grand jury proceeding were not submitted to this
court for review. Thâ parties to this action and the Suffolk Cottnty District Attorney, Timothy D.
Sini, now have made an agreement that resolves the disclosure of minutes of testimony and
. exhibits under the control of the District Attorney.
Upon this written agreement of the parties and the non-party Suffolk County District Attorney, it
18 . .
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2 of 3
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611F15-Is
PM mon INDEX
wNO. e 611214/2015
o
aul
NYSCEF DOC. NO. 438 RECEIVED NYSCEF:
NYSCEF: 12/14/2018
12/19/2018
433' RECEIVED
NYSCEF DOC. NO.
ORDERED upon the request of all parties to this action the Orders of this Court dated July 18,
2018 and October 10, 2013, authorizing and ordering the production of the grand jury minutes
that had been subdit•ed for in camera inspection by the court, grand jury 1É.and the proceedings
submitted for review ran from November 5, 2015·through February 23, 2016, are hereby vacated
and the following is issued in itsstead; .
ORDERED that uppn the proper payment by the reqùesting party in this action, and within ten
days of the date of service of notice of entry of this order is made upon the Suffolk County .
District Attorney, the Suffolk County District Attorney is directied to provide to such party the
following materials .. .
1. The names of the witnesses who testified in the Special Grand jury investigating the limousine
crash on July 18, 2015 that resulted in the grand jury report dated September 20, 2016; and
2. The grand jury testimony of all the witness who testified in the Special Grand Jury in
conriection with the limousine crash on July 18, 2015, which Grand Jury presentation resulted in
a Grand Jury Repor dated September 20, 2016; and
3. All the Exhibits, marked for identification, or referred to,or introduced into evidence in that
proceeding including but not limited to video presentatiëns and electronic data, as presented to
the Special Grand Jury in connection with the limousine crash on July 18, 2015, which Grand
Jury presentation resulted in a Grand Jury Report dated September 20, 2016..
.
The forgoing stipula ion has been reviewed by all authorized represëntatives of every party to this
action and by William T. Ferris, III,Chief Assistant to the Suffolk County District and
Attorney
their agreement has been placed on the record in open court this date.
SO ORDERED
Dated: December 11, 2018
JOHN H. RO SE, ting J.S.C.
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NYSCEF DOC. NO. 438 RECEIVED NYSCEF: 12/19/2018
STATE OF NEW YORK )
) ss:
COUNTY OF NASSAU )
TRACEY S. DAVIDA-HERBST, being duly sworn deposes and says that she is
not a party to this action; that she is over the age of eighteen years; resides in Babylon
Village, New York;
19th
That on the day of December, 2018, she served the within
Order with Notice of Entry
Upon:
William T. Ferris III, Chief Assistant
Suffolk County District Attorney's Office
William T. Lindsay County Complex
Building 77
725 Veterans Memorial Highway
Hauppauge, New York 11788
the attorneys for the respective parties, hereto at the address designated by them for that
purpose, by depositing a true copy of same enclosed in a postpaid properly addressed
wrapper, in an official depository under the exclusive care and custody of the United States
Post Office Department within the State of New York.
T EY S. DAWDh- EI BST
Sworn to before me on this
19th
day of December, 2018
Notary Publ(c0 ()
CHRISTlN York
a eFFONe
Notary c,RO6137142
Qualifed A ass
°3Ûo2
00mfmSSIOR
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FILED: SUFFOLK COUNTY CLERK 12/19/2018 01:28 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 438 RECEIVED NYSCEF: 12/19/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK INDEX NO. 609082/2016, et al.
ALICIA M. ARUNDEL, SUZANNE SCHULMAN, As Administratrix of the ESTATE OF BRITTANY
SCHULMAN, deceased; OLGA LIPETS, MINDY GRABINA, as Administratrix of theEstate of AMY GRABINA,
and MINDY GRABINA, Individually, STEVEN BARUCH, as Administrator of theEstate Of LAUREN
BARUCH, deceased and STEVEN BARUCH, Individually, JOELLE DIMONTE, MELISSA A. CRAI, ARTHUR
A. BELLI JR., As parent and Natural Guardian of STEPHANIE BELLI, deceased, and as the Adminiorator of the
ESTATE OF STEPHANIE BELLI,
Plaintiff,
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICES, INC.,
STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC.
1-5"
d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES name being fictitiousbut intended to be the
remanufacturers, distributors and/or sellers of the 2007 Lincoln Town Car stretch limousine invülved in the
collision,
Defendants.
ORDER WITH NOTICE OF ENTRY
AHMUTY, DEMERS & McMANUS
Attorneys for Defendant
Ultimate Class Limousine, Inc. & Carlos Pino
200 I.U. Willets Road
Albertson, New York 11507
(516) 294-5433
File No.: IBM 068515 NJP
To:
Attorney(s) for
Service of a of the within is hereby admitted.
copy
Dated: Attorneys for
9 of 9
Preview
FILED: SUFFOLK COUNTY CLERK 12/19/2018 01:28 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 438 RECEIVED NYSCEF: 12/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --------------------- --------------- X Index Nos. 611214/2015 ALICIA M. ARUNDEL; SUZANNE SCHULMAN, 609082/2015 As Administratrix of the ESTATE OF BRITTANY 600055/2016 SCHULMAN, deceased; OLGA LIPETS, MINDY 603536/2016 GRABINA, as Administratrix of the Estate of AMY 003364/2016 GRABINA, and MINDY GRABINA, Individually, 607598/2016 STEVEN BARUCH, as Administrator of the Estate 001831/2016 Of LAUREN BARUCH, deceased and STEVEN 614685/2016 BARUCH, Individually, JOELLE DIMONTE; and MELISSA A. CRAI and ARTHUR A. BELLI JR., As parent and Natural Guardian of STEPHANIE BELLI, deceased, and as the Administrator of THE ESTATE OF STEPHANIE BELLI, Plaintiffs -against- ORDER WITH NOTICE OF ENTRY ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICES, INC., STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC. d/b/a ROYALE LIMOUSINE and "XYZ 1-5" COMPANIES name being fictitious but intended to be the remanufacturers, distributors and/or sellers of the 2007 Lincoln Town Car stretch limousine involved in the collision, Defendants. ------ ------------- --------------------------X PLEASE TAKE NOTICE, that the within is a true copy of an Order duly entered in the office of the clerk of the within nained court on/or about December 14, 2018. Dated: Albertson, New York December 19, 2018 Yours, etc., AH ÛTY{ E ERS & McMANUS By N Palmieri, Ifsq. 1 of 9 FILED: SUFFOLK COUNTY CLERK 12/19/2018 01:28 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 438 RECEIVED NYSCEF: 12/19/2018 Attorneys for Ultimate Class Limousines, Inc. and Carlos Pino 200 I.U. Willets Road Albertson, New York 11507 (516) 294-5433 Our File No.: IBM 068515 NJP To: The Bongiorno Law Firm, PLLC Attorneys for Plaintiff - Arundel 1415 Kellum Place, Suite 205 Garden City, New York 11530 (516) 741-4170 File No. 6230.PP John L. Juliano, P.C. for Plaintiff - Schulman Attorney 39 Doyle Court East Northport, New York 11731 (631) 499-9300 Paris & Chaikin, PLLC Attorneys for Plaintiff - Lipets 14 Penn Plaza, Suite 2202 New York, New York 10122 (212) 742-0476 Frank J. Laine, P.C. for Plaintiff - Grabina Attorney 449 South Oyster Bay Road Plainview, New York 11803 (516) 937-1010 The Law Office of Robin V. Singh, P.C. for Plaintiff - Grabina Attorney 193-15 Hillside Avenue Hollis, New York 11423 (917) 923-1646 Sullivan Papain Block McGrath & Cannavo, P.C. Attorneys for Plaintiff - Baruch 1140 Franklin Avenue, Suite 200 Garden City, New York 11530 (516) 742-0707 2 of 9 FILED: SUFFOLK COUNTY CLERK 12/19/2018 01:28 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 438 RECEIVED NYSCEF: 12/19/2018 Pegalis & Erickson, LLC Attorneys for Plaintiff - Dimonte One Hollow Lane, Suite 107 Lake Success, New York 11042 (516) 684-2939 Joseph J. Tock, Esq. for Plaintiff - Crai Attorney 963 Route 6 Mahopac, New York 10541 (845) 682-8080 Block O'Toole & Murphy, LLP for Plaintiff - Belli Attorney 1 Pennsylvania Plaza, suite 5315 New York, New York 10119 (212) 736-5300 Lewis, Johs, Avallone & Aviles, LLP Attorneys for Steven D. Romeo One CA Plaza, Suite 225 Islandia, New York 11749 (631) 755-0101 File No. 0114-1460-001C Cascone & Kluepfel, LLP Attorneys for Romeo Dimon Marine Services, Inc. 1399 Franklin Avenue, Suite 302 Garden City, New York 11530 (516) 747-1990 File No. 03787DVM Law Offices of Vincent D. McNamara Attorneys for The County of Suffolk Tower Square - 1045 Oyster Suite 1 Bay Road, East Norwich, New York 11732 (516) 922-9100 File No.: 907-4677 Devitt Spellman Barrett, LLP Attorneys for The Town of Southold 50 Route 111 Smithtown, New York 11787 (631) 724-8833 File No.: HC7554W9 3 of 9 FILED: SUFFOLK COUNTY CLERK 12/19/2018 01:28 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 438 RECEIVED NYSCEF: 12/19/2018 Law Office of Andrea G. Sawyers Attorney for Cabot Coach Builders, Inc. 3 Huntington Quadrangle, Suite 102S Melville, New York 11747 (631) 501-3100 File No. 2017024539SAS William T. Ferris III,Chief Assistant Suffolk County District Attorney's Office William T. Lindsay County Complex Building 77 725 Veterans Memorial Highway Hauppauge, New York 11788 4 of 9 FILED: SUFFOLK COUNTY CLERK 12/19/2018 01:28 PM INDEX NO. 611214/2015 COUNTY CLERK INDEX NO. 611214 /2015 [FILED DOC. NYSCEF : SU NO. FFOLK 438 dt/14/201Ò 1Ô:15 AMl RECEIVED NYSCEF: 12/19/2018 NYSCEF DOC. NO. 433 . RECEIVED NYSCEF: 12 /14 /2018 INDEX NO. 611214/2015 SUPREME COURT - STATE OF NEW YORK I.A.S. PART 12 - SUFFOLK COUNTY . P R E S E . N T • · . HonÔ John H. Rouse . . Acting Supreme Court Justice . . e-filed full participagion SUZANNE SCHULMAN AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED, ALICIA M ARUNDEL, OLGA LIPETS, MINDY GRABINA A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDÙALLY,, STEVEN BARUCH A/O/E LAUREN BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY, JOELLE DIMONTE, MELISSA A CRAI, ARTHUR A BELLI JR AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, ANIj STIPULATION · · AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI, . Plaintiffs . . ,. ORDER -against- ULTIMATE CLASS LÎMOUSINE, INC., CARLOS F PINO, ROMEO DIÑION . . MARINE SERVICE, INC., STEVEN D ROMEO, TOWNOF SOUTHOLD, COUNTY OF SUFFOl K, 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 . LIMOUSINE INVOLVED IN THE COLLISION, Defendants TO: BY MAIL TO: JOHN L JULIANO PC HON, TIMÒTHY D. SINI 39 DOYLE CT SUFFOLK COUNTY DISTRICT ATTORNEY E NORTHPORT, NY 1 1731 BY: WILLIAM T. FERRIS, III,ESQ. 63 f-499-9300 CHIEF ASSISTANT TO THE DISTRICT ATTORNEY WILLIAM J. LINDSAV COUNTY COMPLEX · BLDG.377 THE BONGIORNO LAW PLLC. FIRM, VETERANS MEMORIAL HIGHWAY . 1415 KELLUM PLACE, STE. 205 HAUPPAUGE, NY 11788 . GARDEN CITY, NY 11530 631-852-2469 516-74i-4170 and e-mailto: William. errisill@suffe!kcourityny.gov .. Page 1 of 3 1 of 3 ...--.....-.. . . ..... 5 of 9 FILED: SUFFOLK COUNTY CLERK 12/19/2018 01:28 PM INDEX NO. 611214/2015 FILED DOC. SUFFOLK COUNTY CLERK 12 14 10 15 INDEX NO. 611214 / 2015 NYSCEF : NO. 438 / / 2018 : Al RECEIVED NYSCEF: 12/19/2018 NYSCEF DOC. NO. 433 . . RECEIVED NYSCEF:. 12/14/2018 PARIS & CHAIKIN PI C . AHMUTY DEMERS & MCMANUS . . 14 PENN PLAZA, SUITE 2000 200 I.U. WILLETS RD. NEW YORK, NY 101f2 ALBERTSON, NY 11507 212-742-0476 . 516-294-5433 FRANK J. LAINE, P.C. CASCONE & LLP KLUEPFEL, 449 S OYSTER BAY RD . 1399 FRANKLIN AVÈNUE PLAINVIEW, NY 11803 . GARDEN CITY, NY 11530 516-937-1010 516-747-1990 SULLIVAÑ, PAPAIN,,$3LOCK . LEWIS JOHS AVALLONE AVILES, LLP MCGRATH, CANNAVO, P.C. ONE CA PLAZA, SUITE.225 1140 FRANKLIN AVE, STE 200 ISLANDIA, NY 11749 GARDEN CITY, NY 11530 - 631-755-0101 212-266-4208 DEVITT $PELLMAN BARRETT, LLP PEGALIS & ERICKSON, LLC . 50 ROUTE 111 . 1 HOLLOW LN, STE 107 . SMITHTOWN, NY I1787 NEW HYDE PARK, NY 11042 631-724-8833 516- 684-2900 . HON. DENNIS M. BROWN . .LAW OFFICÈS OF JOSEPH J TOCK SUFFOLK COUNTY ATTORNEY . 963 ROUTE 6 100 VETERANS MEMORIAL HIGHWAY MAROPAC, NY 10541 HAUPPAUGE, NY 11788 845-628-8080 . 631-853-4055 . BLOCK O'TOOLE & MURPHY LLP LAW OFFICE OF ANDREA G. SAWYERS 1 PENN PlaZA, SUITE 5315 PO BOX 9028 NEW YORK, NY 10119 MELVILLE, NY l·l747 212-736-5300 631-501-3077 Upon a.court conference of this case on December 11, 2018 with all parties to this action and the non-party Suffolk County District Attorney the parties have entered into a stipulation on the . . record. The Court has been advised that under the previous District Attoiney, Thomas Spota, an investigative grand jury was convened to investigate the circumstances surrounding a fatal motor vehicle accident that.is the subject of this civil action. A criminal indictment was returned and a separate report was issued by the investigative grand jury. Upon prior motion practice before this court the District Attorney submitted minutes of the grand jury proceeding that returned the crimirial indictments. Ithas been referred to as grand jury 1E and the proceedings submitted for review ran from November 5, 2015 through February 23, 2016. The Court, by decision and order dated July 17, 2018, directed the diädusure of the minutes that had been submined. However, the minutes of the investigative portion of the grand jury proceeding were not submitted to this court for review. Thâ parties to this action and the Suffolk Cottnty District Attorney, Timothy D. Sini, now have made an agreement that resolves the disclosure of minutes of testimony and . exhibits under the control of the District Attorney. Upon this written agreement of the parties and the non-party Suffolk County District Attorney, it 18 . . Page 2 of 3 2 of 3 6 of 9 FILED: SUFFOLK COUNTY CLERK 12/19/2018 01:28 611F15-Is PM mon INDEX wNO. e 611214/2015 o aul NYSCEF DOC. NO. 438 RECEIVED NYSCEF: NYSCEF: 12/14/2018 12/19/2018 433' RECEIVED NYSCEF DOC. NO. ORDERED upon the request of all parties to this action the Orders of this Court dated July 18, 2018 and October 10, 2013, authorizing and ordering the production of the grand jury minutes that had been subdit•ed for in camera inspection by the court, grand jury 1É.and the proceedings submitted for review ran from November 5, 2015·through February 23, 2016, are hereby vacated and the following is issued in itsstead; . ORDERED that uppn the proper payment by the reqùesting party in this action, and within ten days of the date of service of notice of entry of this order is made upon the Suffolk County . District Attorney, the Suffolk County District Attorney is directied to provide to such party the following materials .. . 1. The names of the witnesses who testified in the Special Grand jury investigating the limousine crash on July 18, 2015 that resulted in the grand jury report dated September 20, 2016; and 2. The grand jury testimony of all the witness who testified in the Special Grand Jury in conriection with the limousine crash on July 18, 2015, which Grand Jury presentation resulted in a Grand Jury Repor dated September 20, 2016; and 3. All the Exhibits, marked for identification, or referred to,or introduced into evidence in that proceeding including but not limited to video presentatiëns and electronic data, as presented to the Special Grand Jury in connection with the limousine crash on July 18, 2015, which Grand Jury presentation resulted in a Grand Jury Report dated September 20, 2016.. . The forgoing stipula ion has been reviewed by all authorized represëntatives of every party to this action and by William T. Ferris, III,Chief Assistant to the Suffolk County District and Attorney their agreement has been placed on the record in open court this date. SO ORDERED Dated: December 11, 2018 JOHN H. RO SE, ting J.S.C. . Page·3·of 3 3 of 3 . 7 of 9 FILED: SUFFOLK COUNTY CLERK 12/19/2018 01:28 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 438 RECEIVED NYSCEF: 12/19/2018 STATE OF NEW YORK ) ) ss: COUNTY OF NASSAU ) TRACEY S. DAVIDA-HERBST, being duly sworn deposes and says that she is not a party to this action; that she is over the age of eighteen years; resides in Babylon Village, New York; 19th That on the day of December, 2018, she served the within Order with Notice of Entry Upon: William T. Ferris III, Chief Assistant Suffolk County District Attorney's Office William T. Lindsay County Complex Building 77 725 Veterans Memorial Highway Hauppauge, New York 11788 the attorneys for the respective parties, hereto at the address designated by them for that purpose, by depositing a true copy of same enclosed in a postpaid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Post Office Department within the State of New York. T EY S. DAWDh- EI BST Sworn to before me on this 19th day of December, 2018 Notary Publ(c0 () CHRISTlN York a eFFONe Notary c,RO6137142 Qualifed A ass °3Ûo2 00mfmSSIOR 8 of 9 FILED: SUFFOLK COUNTY CLERK 12/19/2018 01:28 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 438 RECEIVED NYSCEF: 12/19/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK INDEX NO. 609082/2016, et al. ALICIA M. ARUNDEL, SUZANNE SCHULMAN, As Administratrix of the ESTATE OF BRITTANY SCHULMAN, deceased; OLGA LIPETS, MINDY GRABINA, as Administratrix of theEstate of AMY GRABINA, and MINDY GRABINA, Individually, STEVEN BARUCH, as Administrator of theEstate Of LAUREN BARUCH, deceased and STEVEN BARUCH, Individually, JOELLE DIMONTE, MELISSA A. CRAI, ARTHUR A. BELLI JR., As parent and Natural Guardian of STEPHANIE BELLI, deceased, and as the Adminiorator of the ESTATE OF STEPHANIE BELLI, Plaintiff, -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICES, INC., STEVEN ROMEO, TOWN OF SOUTHOLD and COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC. 1-5" d/b/a ROYALE LIMOUSINE and "XYZ COMPANIES name being fictitiousbut intended to be the remanufacturers, distributors and/or sellers of the 2007 Lincoln Town Car stretch limousine invülved in the collision, Defendants. ORDER WITH NOTICE OF ENTRY AHMUTY, DEMERS & McMANUS Attorneys for Defendant Ultimate Class Limousine, Inc. & Carlos Pino 200 I.U. Willets Road Albertson, New York 11507 (516) 294-5433 File No.: IBM 068515 NJP To: Attorney(s) for Service of a of the within is hereby admitted. copy Dated: Attorneys for 9 of 9