Preview
FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
"A"
EXHIBIT
FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
------------------------------------------------
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, INDIVIDUALLY, 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, AND AS THE
ADMINISTRATOR OF THE E/O STEPHANIE BELLI,
Plaintiffs,
-against- Index No.:
611214/15
ULTIMATE CLASS LIMOUSINE, INC., CARLOS F PINO,
ROMEO DIMON 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
LIMOUSINE INVOLVED IN THE COLLISION,
Defendants.
------------------------------------------------x
1 CA Plaza
Islandia, New York
November 13, 2019
30:14 a.m.
DEPOSITION OF JANET LYNN
AGER, a Non-Party Witness, taken by the attorneys
for the respective parties, pursuant to Subpoena,
held at the above time and place before Nichole
Bugeja, a Stenotype Reporter and Not ary Public
within and for the State of New York.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
2
1 A P P E A R A N C E S:
2
3 L. JULIANO, P.C.
Attorney for Plaintiff Suzanne Schulman as
4 administratrix of the estate of
Brittney M. Schulman, deceased
5 39 Doyle Court
East Northport, New York 11731
6
BY: JOHN L. JULIANO, ESQ.
7
8
9 THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff Alicia M. Arundel
10 1415 Kellum Place, Suite 205
Garden City, New York 11530
11
BY: BRANDON CRUZ, ESQ.
12 File No.: 6230.PP
13
14 PARIS & CHAIKIN, PLLC
Attorneys for Plaintiff Olga Lipets
15 14 Penn Plaza, Suite 2202
New York, New York 10122
16
BY: IAN CHAIKIN, ESQ.
18
19 FRANK J. LAINE, P.C.
Attorney for Plaintiff Mindy Grabina A/O/E
20 Amy Grabina, and Mindy Grabina, individually
449 South Oyster Bay Road
21 Plainview, New York 11803
22 BY: FRANK J. LAINE, ESQ.
23
24
25 (Continued on following page)
516485-2222 BEE REPORTING AGENCY, INC 212-327-350(
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NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
3
1 A P P E A R A N C E S: (Continued)
2
3 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C.
Attorneys for Plaintiff Steven Baruch A/O/E
4 Lauren Baruch, deceased, and Steven Baruch,
individually
5 1140 Franklin Avenue, Suite 200
Garden City, New York 11530
6
BY: GONZALO SUAREZ, ESQ.
7
8
9 PEGALIS LAW GROUP, LLC
Attorneys for Plaintiff Joelle DiMonte
10 One Hollow Lane, Suite 107
Lake Success, New York 11042
BY: GARY NIELSEN, ESQ.
12
13
14 JOSEPH J. TOCK, ESQ.
Attorney for Plaintiff Melissa A. Crai
15 936 Route 6
Mahopac, New York 10541
16
BY: JOSEPH J. TOCK, ESQ.
17
18
19 BONGIORNO, MONTIGLIO & PALMIERI
Attorneys fc: DeL ida:n 3 Ultimate Class
20 Limousine, Inc. and Carlos F. Pino
200 Old Country Road, Suite 680
21 Mineola, New York 11501
22 BY: ALEXYS M. CARTER, ESQ.
23
24
(Continued on following page)
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350
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NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
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1 A P P E A R A N C E S: (Continued)
2
3
4 CASCONE & KLUEPFEL, LLP
Attorneys for Defendant
5 Romeo Dimon Marine Service, Inc.
1399 Franklin Avenue, Suite 302
6 Garden City, New York 11530
7 BY: DAVID TAVELLA, ESQ.
File No.: 0412DVM
8
9
10 LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant Steven D. Romeo
11 One CA Plaza, Suite 225
Islandia, New York 11749
12
BY: REBECCA DEVLIN, ESQ.
13 File No.: 0114.1460.001C
14
15
LAW OFFICES OF THOMAS M. VOLZ, PLLC
16 Attorneys for Defendant Town of Southold
280 Smithtown Boulevard
17 Nesconset, New York 11767
18 BY: JOSHUA SHTEIERMAN, ESQ.
19
20 (Continued on following page)
21
22
23
24
25
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NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
1 A P P E A R A N C E S: (Continued)
3 OFFICES OF VINCENT D. McNAMARA
Attorneys for Defendant County of Suffolk
4 1045 Oyster Bay Road, Suite 1
East Norwich, New York 11732
BY: DAVID TEIXEIRA, ESQ.
6 File No.: 907-4577
8 LAW OFFICE OF ANDREA G. SAWYERS
Attorneys for Defendant
9 Cabot Coach Builders, Inc.
P.O. Box 2903
10 Hartford, Connecticut 06104-2903
11 BY: STEVEN STEIGERWALD, ESQ.
File No. 2017024539SAS
12
13 BLOCK O'TOOLE & MURPHY, LLP
Attorneys for Arthur A. Belli, Jr. as parent
14 and natural guardian of Stephanie Belli,
deceased, and as the administrator of the
15 E/O Stephanie Belli
1 Penn Plaza, Suite 5315
16 New York, New York 10119
17 (NOT PRESENT)
18
19
20
21
22
23
24
25
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NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
6
1
2 J A N E T L Y N N A U E R, called as a
3 witness, having been duly sworn by a Notary
4 Public of the State of New York, was examined
5 and testified as follows:
6 EXAMINATION BY
7 JOHN L. JULIANO, ESQ.:
8 Q. Please state your full name for the
9 record.
10 A. Janet Lynn Auer.
11 Q. What is your address?
12 A. 50 Smith Drive South, Southold, New York
13 11971.
14 MR. JULIANO: Can you mark these,
15 please.
16 (Whereupon, a patient care report was
Plaintiffs'
17 marked as Exhibit 1 for
18 Identification, as of this date.)
19 (Whereupon, a subpoena sent to Janet
Plaintiffs'
20 Auer was marked as Exhibit 2 for
21 Identification, as of this date.)
(Whe aupon, subpoena sent to Craig
Plaintiffs'
23 Goldsmith was marked as Exhibit
3 for Identification, as of this date.)
25 Q. Good morning; is it Ms. or Mrs.?
516485-2222 BEE REPORTING AGEN 27-350
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NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
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1 J. Auer
2 A. Mrs.
3 Q. Mrs. Auer, are you presently employed?
4 A. Yes.
5 Q. Before I begin, let me ask you, were
6 you subpoenaed to come here to testify this
7 morning?
8 A. Yes.
9 Q. I want to show you what's been marked as
Plaintiffs'
10 Exhibit 2 for identification. Is
11 that the subpoena you received?
12 A. Yes, it is.
13 Q. I think there was a notice attached to
14 it. I didn't print that out, but in any
15 event --
16 A. Yup.
17 Q. -- I'm to call your attention to
going
18 July 18, 2015. Do you recall a collision taking
19 place at the intersection of County Road 48 and
20 Depot Lane?
21 A. Yes.
22 Q. Were you present at that location at or
23 about the time that this collision occurred?
24 A. I was 24'd through Southold Fire
25 Department, so right after the collision
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350
FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
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1 J. Auer
2 happened. Cutchogue Fire Department was already
3 there, and then we were called to assist.
4 Q. At that time were you associated with
5 the Southold Fire Department?
6 A. Yes.
7 Q. In what capacity?
8 A. I'm just trying to think if I was a
9 lieutenant at the time. EMT-B and also
10 firefighter, exterior firefighter.
11 Q. It's a volunteer position?
12 A. Yes.
13 Q. Presently are you associated with
14 Southold Fire Department?
15 A. Yes.
16 Q. In what capacity?
17 A. I'm first lieutenant of Southold Rescue,
18 and I'm also exterior firefighter.
19 Q. How long have you been the lieutenant of
20 the Southold Fire Department?
21 A. I'm in my fourth year.
22 Q. As lieutenant?
23 A. As lieutenant.
24 Q. P:io: to that how long had you been
25 associated with the Southold Fire Department?
516 485 2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
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1 J. Auer
2 A. Since 2011.
3 Q. Now, with respect to this collision that
4 occurred on July 18, 2015, how is it that you
5 learned of this incident?
6 A. We were 24'd to an MVA in Cutchogue.
7 Q. What does that mean?
8 A. That means that Cutchogue asked for
9 assistance from other fire departments, so they
10 requested ambulance, fire trucks; I happened to
11 ride in a fire truck to the scene.
12 Q. Do you know how that request came in;
13 was it telephone call, was it something else?
14 You know, how did it get into your department?
15 A. Well, it came over my pager, so I
16 don't -- yeah. Fire departments call for help,
17 and it comes over your pager requesting
18 assistance.
19 Q. At that time when you first got the
20 were you -- I'm to call it
call, going employed,
21 bu were you at the station or somewhere else?
22 A. No, I was home.
23 Q. Once yc u act the call, what, if anything,
24 did you do?
25 A. I got my gear, got in my car, and I went
516485-2222 BEE REPORTING AGENCY, INC. 212-327-350
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NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
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1 J. Auer
2 to the firehouse.
3 Q. Where was the firehouse located from
4 where you lived at that time?
5 A. The substation on Baywater Avenue in
6 Southold.
7 Q. When you got to the firehouse, what, if
8 anything, did you do?
9 A. We got in the fire truck, and that's how
10 I got to the scene.
11 Q. When you say we, who were the we?
12 A. There were other EMTs and firefighters
13 that rode in the fire truck.
14 Q. Do you recall who they were; do you
15 remember any of them?
16 A. Chris Manfredi, Ed Boyd; I don't
17 remember the other people that were in the fire
18 truck.
19 Q. Is there any record which would list who
20 was on that truck with you and was called to the
21 scene of the collision?
22 A. I -- I'm not a hundred percent sure on
23 that.
24 Q. Do any records, that you're aware of,
25 exist in that regard?
516-485-2222 SEE REPORTING AGENCY, INC. 212-327-350
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NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
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1 J. Auer
2 A. I know in the ambulance, there's a book
3 that gets written down who rode in the ambulance.
4 I'm not so sure if they do that with the fire
5 truck. I don't drive the fire truck, I only ride
6 in it; it's possible there is a book that states
7 who was in the fire truck at that moment, but I'm
8 not a hundred percent sure.
9 Q. But you rode in the fire truck, correct?
10 A. Yes. We are not allowed to drive to
11 scenes that are out of Southold, so that's why if
12 you're going to go, you would get in the fire
13 truck or get in the ambulance. The ambulance had
14 already left, so that's how I wound up riding in
15 the fire truck.
16 Q. There came a time that you arrived at
17 the scene?
18 A. Um-hmm.
19 MR. STEIGERWALD: I'm sorry, John, she
20 said mm-hmm; we have to get a yes or no.
21 A. I'm sorry.
22 Q. Did there come a time when you arrived
23 at the scene?
24 A. Yes.
25 MR. STEIGERWALD: Sorry, John.
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350
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NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
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2 Q. When you arrived at the scene, can you
3 tell me what, if anything, you observed; what did
4 you see when you got there?
5 A. I saw Steve Romeo running down Route 48,
6 I saw the red pickup truck, black limousine. I
7 got out of the truck, there was people, EMS,
8 firefighters taking care of patients.
9 Q. I'm sorry, you said you saw Steve Romeo.
10 Did you know Steve Romeo before this?
11 A. I know who Steve Romeo is, yes.
12 Q. How did you know him?
13 A. From living in Southold.
14 Q. Did you know --
15 A. I don't know him on a personal level,
16 friendly level, but I know who he is.
17 Q. Again, when you say you know who he is,
18 did you ever have any dealings with Steve Romeo
19 at all?
20 A. At the library where I work, he had come
21 in there years ago. I know -- I know
physically
22 who he is.
23 Q. Please accept my apologies, back in
24 2015, were you employed at some regular job at
25 that time?
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350
FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015
NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
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1 J. Auer
2 A. Yes. Southold Library.
3 Q. What did you do for the library at that
4 time?
5 A. I'm circulation.
6 Q. How long had you held that position back
7 in 2015?
8 A. I've been there since '01 or 'O2.
9 Q. Full time?
10 A. No, part time.
11 Q. Other than that part-time position back
12 in 2015, did hold any other type of employment?
13 A. No.
14 Q. By the way, you said you were married?
15 A. Yes.
16 Q. Were you married at the time?
17 A. Yes.
18 Q. Still married?
19 A. Yes.
20 Q. Same person?
21 A. Yes, thirty-one years.
22 Q. What's your husband's name?
23 A. Erik.
24 Q. Auer?
25 A. Right; E-R-I-K.
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NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
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2 Q. Any children?
3 A. Yes.
4 Q. How many?
5 A. One living, one deceased.
6 Q. I'm sorry. Your living child, son or
7 daughter?
8 A. Son.
9 Q. How old?
10 A. Twenty-seven.
11 Q. Let me apologize, because I usually
12 start off giving some instructions; I didn't give
13 you any. Some of the questions we ask here,
14 okay, are not an attempt to embarrass you at all,
15 okay? We're just trying to find out what
16 happened at this scene --
17 A. I understand.
18 Q. -- and the because we've had
collision,
19 other people testify in this case, and certain
20 information that was gleaned from these
21 depositions, we have to see if it's connected
22 somehow, okay? So again, please accept my
23 apologies. I'm not in any way attempting to
24 embarrass you at all, okay?
25 So let me go back for a moment. Other
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350
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NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
1 J. Auer
2 than the library that you worked at part time,
3 you held no other employment position back in
4 2015, am I correct?
5 A. No.
6 Q. Now, I think I asked you when you
7 arrived at the scene, what, if anything, you saw
8 and you said you saw Steve Romeo running down
9 County Road 48?
10 A. And officers following behind him.
11 Q. When you say running, he was out of his
12 vehicle and he was physically running down the
13 road?
14 A. Yes.
15 Q. Which direction on Road --
County
16 A. When I got there, there was no one in
17 the red out of the -- were out
pickup truck, they
18 of the pickup truck.
19 Q. But Cutchogue was already there,
20 Cutchogue Fire Department?
21 A. Yes. Mattituck might have already been
22 there; Cutchogue was definitely there.
23 Q. From the time you left the station to
24 the time you got there, about how much time
25 elapsed?
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350
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NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020
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1 J. Auer
2 A. Maybe five minutes. We were there --
3 from the original call, I do not know.
4 Q. I was going to get to that next. From
5 the original call when you got that call to the
6 time your fire truck got to the scene, roughly how
7 much time elapsed?
8 A. That, I do not know.
9 Q. Was it more than ten minutes?
10 A. I do not know.
11 Q. More than fifteen minutes?
12 A. That, I don't know.
13 Q. Again, when you first got to the scene,
14 you got out of the fire truck?
15 A. Um-hmm. Yes.
16 Q. Is that when you saw Romeo running down
17 the road?
18 A. No, I was in the fire truck.
19 Q. Was the truck on Road 48 --
County
20 A. Yes.
21 Q. -- as you approached?
22 In which direction were you driving?
23 A. West.
24 Q. When I say you were driving, which way was
25 the truck going?
516485-2222 BEE REPORTING AGENCY, INC. 212-327-350
FILED: SUF
Preview
FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 "A" EXHIBIT FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ------------------------------------------------ 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, INDIVIDUALLY, 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, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI, Plaintiffs, -against- Index No.: 611214/15 ULTIMATE CLASS LIMOUSINE, INC., CARLOS F PINO, ROMEO DIMON 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 LIMOUSINE INVOLVED IN THE COLLISION, Defendants. ------------------------------------------------x 1 CA Plaza Islandia, New York November 13, 2019 30:14 a.m. DEPOSITION OF JANET LYNN AGER, a Non-Party Witness, taken by the attorneys for the respective parties, pursuant to Subpoena, held at the above time and place before Nichole Bugeja, a Stenotype Reporter and Not ary Public within and for the State of New York. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 2 1 A P P E A R A N C E S: 2 3 L. JULIANO, P.C. Attorney for Plaintiff Suzanne Schulman as 4 administratrix of the estate of Brittney M. Schulman, deceased 5 39 Doyle Court East Northport, New York 11731 6 BY: JOHN L. JULIANO, ESQ. 7 8 9 THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff Alicia M. Arundel 10 1415 Kellum Place, Suite 205 Garden City, New York 11530 11 BY: BRANDON CRUZ, ESQ. 12 File No.: 6230.PP 13 14 PARIS & CHAIKIN, PLLC Attorneys for Plaintiff Olga Lipets 15 14 Penn Plaza, Suite 2202 New York, New York 10122 16 BY: IAN CHAIKIN, ESQ. 18 19 FRANK J. LAINE, P.C. Attorney for Plaintiff Mindy Grabina A/O/E 20 Amy Grabina, and Mindy Grabina, individually 449 South Oyster Bay Road 21 Plainview, New York 11803 22 BY: FRANK J. LAINE, ESQ. 23 24 25 (Continued on following page) 516485-2222 BEE REPORTING AGENCY, INC 212-327-350( FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 3 1 A P P E A R A N C E S: (Continued) 2 3 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C. Attorneys for Plaintiff Steven Baruch A/O/E 4 Lauren Baruch, deceased, and Steven Baruch, individually 5 1140 Franklin Avenue, Suite 200 Garden City, New York 11530 6 BY: GONZALO SUAREZ, ESQ. 7 8 9 PEGALIS LAW GROUP, LLC Attorneys for Plaintiff Joelle DiMonte 10 One Hollow Lane, Suite 107 Lake Success, New York 11042 BY: GARY NIELSEN, ESQ. 12 13 14 JOSEPH J. TOCK, ESQ. Attorney for Plaintiff Melissa A. Crai 15 936 Route 6 Mahopac, New York 10541 16 BY: JOSEPH J. TOCK, ESQ. 17 18 19 BONGIORNO, MONTIGLIO & PALMIERI Attorneys fc: DeL ida:n 3 Ultimate Class 20 Limousine, Inc. and Carlos F. Pino 200 Old Country Road, Suite 680 21 Mineola, New York 11501 22 BY: ALEXYS M. CARTER, ESQ. 23 24 (Continued on following page) 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 4 1 A P P E A R A N C E S: (Continued) 2 3 4 CASCONE & KLUEPFEL, LLP Attorneys for Defendant 5 Romeo Dimon Marine Service, Inc. 1399 Franklin Avenue, Suite 302 6 Garden City, New York 11530 7 BY: DAVID TAVELLA, ESQ. File No.: 0412DVM 8 9 10 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant Steven D. Romeo 11 One CA Plaza, Suite 225 Islandia, New York 11749 12 BY: REBECCA DEVLIN, ESQ. 13 File No.: 0114.1460.001C 14 15 LAW OFFICES OF THOMAS M. VOLZ, PLLC 16 Attorneys for Defendant Town of Southold 280 Smithtown Boulevard 17 Nesconset, New York 11767 18 BY: JOSHUA SHTEIERMAN, ESQ. 19 20 (Continued on following page) 21 22 23 24 25 516485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 1 A P P E A R A N C E S: (Continued) 3 OFFICES OF VINCENT D. McNAMARA Attorneys for Defendant County of Suffolk 4 1045 Oyster Bay Road, Suite 1 East Norwich, New York 11732 BY: DAVID TEIXEIRA, ESQ. 6 File No.: 907-4577 8 LAW OFFICE OF ANDREA G. SAWYERS Attorneys for Defendant 9 Cabot Coach Builders, Inc. P.O. Box 2903 10 Hartford, Connecticut 06104-2903 11 BY: STEVEN STEIGERWALD, ESQ. File No. 2017024539SAS 12 13 BLOCK O'TOOLE & MURPHY, LLP Attorneys for Arthur A. Belli, Jr. as parent 14 and natural guardian of Stephanie Belli, deceased, and as the administrator of the 15 E/O Stephanie Belli 1 Penn Plaza, Suite 5315 16 New York, New York 10119 17 (NOT PRESENT) 18 19 20 21 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 6 1 2 J A N E T L Y N N A U E R, called as a 3 witness, having been duly sworn by a Notary 4 Public of the State of New York, was examined 5 and testified as follows: 6 EXAMINATION BY 7 JOHN L. JULIANO, ESQ.: 8 Q. Please state your full name for the 9 record. 10 A. Janet Lynn Auer. 11 Q. What is your address? 12 A. 50 Smith Drive South, Southold, New York 13 11971. 14 MR. JULIANO: Can you mark these, 15 please. 16 (Whereupon, a patient care report was Plaintiffs' 17 marked as Exhibit 1 for 18 Identification, as of this date.) 19 (Whereupon, a subpoena sent to Janet Plaintiffs' 20 Auer was marked as Exhibit 2 for 21 Identification, as of this date.) (Whe aupon, subpoena sent to Craig Plaintiffs' 23 Goldsmith was marked as Exhibit 3 for Identification, as of this date.) 25 Q. Good morning; is it Ms. or Mrs.? 516485-2222 BEE REPORTING AGEN 27-350 FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 7 1 J. Auer 2 A. Mrs. 3 Q. Mrs. Auer, are you presently employed? 4 A. Yes. 5 Q. Before I begin, let me ask you, were 6 you subpoenaed to come here to testify this 7 morning? 8 A. Yes. 9 Q. I want to show you what's been marked as Plaintiffs' 10 Exhibit 2 for identification. Is 11 that the subpoena you received? 12 A. Yes, it is. 13 Q. I think there was a notice attached to 14 it. I didn't print that out, but in any 15 event -- 16 A. Yup. 17 Q. -- I'm to call your attention to going 18 July 18, 2015. Do you recall a collision taking 19 place at the intersection of County Road 48 and 20 Depot Lane? 21 A. Yes. 22 Q. Were you present at that location at or 23 about the time that this collision occurred? 24 A. I was 24'd through Southold Fire 25 Department, so right after the collision 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 8 1 J. Auer 2 happened. Cutchogue Fire Department was already 3 there, and then we were called to assist. 4 Q. At that time were you associated with 5 the Southold Fire Department? 6 A. Yes. 7 Q. In what capacity? 8 A. I'm just trying to think if I was a 9 lieutenant at the time. EMT-B and also 10 firefighter, exterior firefighter. 11 Q. It's a volunteer position? 12 A. Yes. 13 Q. Presently are you associated with 14 Southold Fire Department? 15 A. Yes. 16 Q. In what capacity? 17 A. I'm first lieutenant of Southold Rescue, 18 and I'm also exterior firefighter. 19 Q. How long have you been the lieutenant of 20 the Southold Fire Department? 21 A. I'm in my fourth year. 22 Q. As lieutenant? 23 A. As lieutenant. 24 Q. P:io: to that how long had you been 25 associated with the Southold Fire Department? 516 485 2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 9 1 J. Auer 2 A. Since 2011. 3 Q. Now, with respect to this collision that 4 occurred on July 18, 2015, how is it that you 5 learned of this incident? 6 A. We were 24'd to an MVA in Cutchogue. 7 Q. What does that mean? 8 A. That means that Cutchogue asked for 9 assistance from other fire departments, so they 10 requested ambulance, fire trucks; I happened to 11 ride in a fire truck to the scene. 12 Q. Do you know how that request came in; 13 was it telephone call, was it something else? 14 You know, how did it get into your department? 15 A. Well, it came over my pager, so I 16 don't -- yeah. Fire departments call for help, 17 and it comes over your pager requesting 18 assistance. 19 Q. At that time when you first got the 20 were you -- I'm to call it call, going employed, 21 bu were you at the station or somewhere else? 22 A. No, I was home. 23 Q. Once yc u act the call, what, if anything, 24 did you do? 25 A. I got my gear, got in my car, and I went 516485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 10 1 J. Auer 2 to the firehouse. 3 Q. Where was the firehouse located from 4 where you lived at that time? 5 A. The substation on Baywater Avenue in 6 Southold. 7 Q. When you got to the firehouse, what, if 8 anything, did you do? 9 A. We got in the fire truck, and that's how 10 I got to the scene. 11 Q. When you say we, who were the we? 12 A. There were other EMTs and firefighters 13 that rode in the fire truck. 14 Q. Do you recall who they were; do you 15 remember any of them? 16 A. Chris Manfredi, Ed Boyd; I don't 17 remember the other people that were in the fire 18 truck. 19 Q. Is there any record which would list who 20 was on that truck with you and was called to the 21 scene of the collision? 22 A. I -- I'm not a hundred percent sure on 23 that. 24 Q. Do any records, that you're aware of, 25 exist in that regard? 516-485-2222 SEE REPORTING AGENCY, INC. 212-327-350 FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 11 1 J. Auer 2 A. I know in the ambulance, there's a book 3 that gets written down who rode in the ambulance. 4 I'm not so sure if they do that with the fire 5 truck. I don't drive the fire truck, I only ride 6 in it; it's possible there is a book that states 7 who was in the fire truck at that moment, but I'm 8 not a hundred percent sure. 9 Q. But you rode in the fire truck, correct? 10 A. Yes. We are not allowed to drive to 11 scenes that are out of Southold, so that's why if 12 you're going to go, you would get in the fire 13 truck or get in the ambulance. The ambulance had 14 already left, so that's how I wound up riding in 15 the fire truck. 16 Q. There came a time that you arrived at 17 the scene? 18 A. Um-hmm. 19 MR. STEIGERWALD: I'm sorry, John, she 20 said mm-hmm; we have to get a yes or no. 21 A. I'm sorry. 22 Q. Did there come a time when you arrived 23 at the scene? 24 A. Yes. 25 MR. STEIGERWALD: Sorry, John. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 12 2 Q. When you arrived at the scene, can you 3 tell me what, if anything, you observed; what did 4 you see when you got there? 5 A. I saw Steve Romeo running down Route 48, 6 I saw the red pickup truck, black limousine. I 7 got out of the truck, there was people, EMS, 8 firefighters taking care of patients. 9 Q. I'm sorry, you said you saw Steve Romeo. 10 Did you know Steve Romeo before this? 11 A. I know who Steve Romeo is, yes. 12 Q. How did you know him? 13 A. From living in Southold. 14 Q. Did you know -- 15 A. I don't know him on a personal level, 16 friendly level, but I know who he is. 17 Q. Again, when you say you know who he is, 18 did you ever have any dealings with Steve Romeo 19 at all? 20 A. At the library where I work, he had come 21 in there years ago. I know -- I know physically 22 who he is. 23 Q. Please accept my apologies, back in 24 2015, were you employed at some regular job at 25 that time? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 13 1 J. Auer 2 A. Yes. Southold Library. 3 Q. What did you do for the library at that 4 time? 5 A. I'm circulation. 6 Q. How long had you held that position back 7 in 2015? 8 A. I've been there since '01 or 'O2. 9 Q. Full time? 10 A. No, part time. 11 Q. Other than that part-time position back 12 in 2015, did hold any other type of employment? 13 A. No. 14 Q. By the way, you said you were married? 15 A. Yes. 16 Q. Were you married at the time? 17 A. Yes. 18 Q. Still married? 19 A. Yes. 20 Q. Same person? 21 A. Yes, thirty-one years. 22 Q. What's your husband's name? 23 A. Erik. 24 Q. Auer? 25 A. Right; E-R-I-K. 516485-2222 BEE REPORTING AGENCY, INC. 212-327-350s FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 14 2 Q. Any children? 3 A. Yes. 4 Q. How many? 5 A. One living, one deceased. 6 Q. I'm sorry. Your living child, son or 7 daughter? 8 A. Son. 9 Q. How old? 10 A. Twenty-seven. 11 Q. Let me apologize, because I usually 12 start off giving some instructions; I didn't give 13 you any. Some of the questions we ask here, 14 okay, are not an attempt to embarrass you at all, 15 okay? We're just trying to find out what 16 happened at this scene -- 17 A. I understand. 18 Q. -- and the because we've had collision, 19 other people testify in this case, and certain 20 information that was gleaned from these 21 depositions, we have to see if it's connected 22 somehow, okay? So again, please accept my 23 apologies. I'm not in any way attempting to 24 embarrass you at all, okay? 25 So let me go back for a moment. Other 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 1 J. Auer 2 than the library that you worked at part time, 3 you held no other employment position back in 4 2015, am I correct? 5 A. No. 6 Q. Now, I think I asked you when you 7 arrived at the scene, what, if anything, you saw 8 and you said you saw Steve Romeo running down 9 County Road 48? 10 A. And officers following behind him. 11 Q. When you say running, he was out of his 12 vehicle and he was physically running down the 13 road? 14 A. Yes. 15 Q. Which direction on Road -- County 16 A. When I got there, there was no one in 17 the red out of the -- were out pickup truck, they 18 of the pickup truck. 19 Q. But Cutchogue was already there, 20 Cutchogue Fire Department? 21 A. Yes. Mattituck might have already been 22 there; Cutchogue was definitely there. 23 Q. From the time you left the station to 24 the time you got there, about how much time 25 elapsed? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: SUFFOLK COUNTY CLERK 01/23/2020 08:03 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 617 RECEIVED NYSCEF: 01/23/2020 16 1 J. Auer 2 A. Maybe five minutes. We were there -- 3 from the original call, I do not know. 4 Q. I was going to get to that next. From 5 the original call when you got that call to the 6 time your fire truck got to the scene, roughly how 7 much time elapsed? 8 A. That, I do not know. 9 Q. Was it more than ten minutes? 10 A. I do not know. 11 Q. More than fifteen minutes? 12 A. That, I don't know. 13 Q. Again, when you first got to the scene, 14 you got out of the fire truck? 15 A. Um-hmm. Yes. 16 Q. Is that when you saw Romeo running down 17 the road? 18 A. No, I was in the fire truck. 19 Q. Was the truck on Road 48 -- County 20 A. Yes. 21 Q. -- as you approached? 22 In which direction were you driving? 23 A. West. 24 Q. When I say you were driving, which way was 25 the truck going? 516485-2222 BEE REPORTING AGENCY, INC. 212-327-350 FILED: SUF