Preview
FILED: SUFFOLK COUNTY CLERK 05/04/2020 04:37 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 664 RECEIVED NYSCEF: 05/04/2020
AP- INDEX NO. 611214/2015
COUNTY_ ERK 0 6 /17 / 2 019 08:59
NYSCEF DOC. NO. 475 RECEIVED NYSCEF: 06/17/2019
EXHIBIT E
FILED: SUFFOLK COUNTY CLERK 05/04/2020 04:37 PM INDEX NO. 611214/2015
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NYSCEF DOC.--.....--..
NO. 664 --,...,-- ----- --,--,......- ...-....- ...., RECEIVED NYSCEF: 05/04/2020
NY SCEF DOC. No. 543 RECEIVED NYSCEF: 09/13/2 019
INDEX NO. 611214/2015
SUPREME COURT - STATE OF NEW YORK
LA.S. PART 12 - SUFFOLK COUNTY
PR E S ENT:
MOTION DATE: 07/17/2019
Hon. John H. Rouse ADJ. DATE: 7/31/2019
Acting Supreme Court Justice Mot. Seq. 007-MG
e-flied full pardcipation
SUZANNE SCHULMAN AS AijMINISTRATRIX OF THEESTATE OF
BRITTNEY M. SCHULMAN, DECEASED, ALICIA M ARUNDEL, OLGA
LIPETS, MINDV GRABlNA A/O/E AMY GRABINA, AND MINDY
GRAB1NA, INDIVÍf)UALLY,, STEVEN BARUCH A/O/E LAUREN
BARUCH, DECEASED,. AND STEVENBARUCH, INDIVIDUALLY,
JOELLE DIMONTE, MELISSA A CRAI, ARTHURA BELLI JR AS PARENT
AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND
AS THE ADMINISTRATOR OF THE PlO STEPHANIE BELLl,
Plaintiffs.
DECISION & ORDER
-against-
DLTIMATE CLASS LIMOUSINE, INC,, CARLOS E PINO, ROMEO DIMON
1vIARINE SERVICE, INC4 STEVEN D ROMEO, TOWN OF SOUTHOLD,
COUNTY OF SUFFOLK, CABOT COACH BUILDERS,1NC D/B/A
ROYALE LIMOUSINE, XYZ COMPANIES l-5NAME BEING FICTITIOUS
BUTINTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS,
AND/OR.SELLERS OF THE 2007 LINCOLN TOWN CARSTRETCH
LIMOUSINE IWVOLVED IN Tl-IECOLLISION,
Defendants
TO:
.iOHN L JULIANO PC FRANKi LAINE, P.C.
39 DOYLE CT 449 S OYSTER.BAY RD
E NOR.THPORT; NY I 17 1 PLAINVIEW, NY 11803
63-1-499-9300 516-9374010
THE.BONGIORNO LAW FIRM, PLLC. SULLIVAN, PAPAIN, BLOCK,
1415 KELLUM-PLACE, STE. 205 MCGRATH, CANNAVO, P.C.
GARDEN CITY, NY T1530 1140 FRANKLIN AVE., STE 200
516-741-4170 GARDEN CITY, NY I1530
2.12-266-4203
PARIS & CHAIKINPLC
14 PENN PLAZA, SUITE7000 PEGALIS & ERICKSON, LLC
NEW YORK, NY 10122 1 HOLLOW LN, STE 107
212 742-0476 NEW HYDE PARKrNY 11042
Page 1 of 3
FILED: SUFFOLK COUNTY CLERK 05/04/2020 04:37 PM INDEX NO. 611214/2015
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NYSCEF DOC. NO. 543 RECEIVED NYSCEF: 09/13/201E
516- 684-2900 LEWIS JOHS AVALLONE AVILES, LLP
ONE CA PLAZA, SUITE 225
LAW OFFICES QF JOSEPH1TOCK ISLANDIA,NY 11749
963 ROUTE 6 631-755-010)
MAHOPACrNY 10541
845-628-8080 DEVITT SPELLMAN BARRETT, LLP
50 ROUTE 111
BLOCK.0 TOOLE & MURPHY LLP SMITHTOWN. NY 11787
1 PENN PLAZA, SUITE 531 631-724-8833
NEW YORK, NY 10119
212-736-5300 LAW OFFICES OF VINCENT D. MCNAMARA
1045 OYSTER BAY RD., STE 1
AHMUTY DEMERS & MCMANUS EAST NORWICH, NY 117.32
200 I U. WILLETS RD.. 516-922-9100
ALBERTSON, NY 11507
516-?Z94-5433 LAW OFFICE OF ANDREA G. SAWYERS
PO. BOX 9028
CASCONE & KLUEPFEL, LLP MELVILLE, NY 11747
1399 FRANKLIN AVENUE 631s501-3077
GARDEN CITY, NY 1 I.530
516-747-1990
pon Notice of Motion by Defeüdañt Cabot Coach Builders, Inc., d/b/a Royale Limousine for
an Order (a) Directing the defendants Steven Romeo and Ultimate Class Limousine, Inc. to
remove the 2005 Dodge pick up truck and the 2007 Lincoln Taxi that were involved in the
subject incidêñt from the Suffolk County Police Department impound yard and produce them for
inspections by Cabot Coach Builders, Inc together with any component parts removed
therefrom, or in the alternative providing the -correspondence received from the Suffolk County
District Attomey's Office removing.the holds on the vehicles and prcviding a release to Travelers
Insurance to allow the vehicles, and any ag·ent parts removed therefrom, to be removed
from the Suffolk County Police Department impound yard by, and stored at, Rapid Recovery to
allow forthe inspections to be conducted by Cabot Coach Builders, Inc. together with such other
and further reHef as to the Court may seem just, proper and equitable; (2) e-filed documents
numbered 478 to 512; itis
ORDERED that the Defendant Cabot.Coach Builders, Inc. immediately serve upon the Suffolk
County District Attorney and the Suffölk County Attorney a copy of this decision and order; and
itis further
ORDERED that the motion (Seq. 007) by Cabot Coach Builders, Inc. is granted to the extent that
during regular business hours and subject to reasonable conditions as the Suffolk County Police
Depàrtment rnay see fitto preserve the normal functioning of its operations and no later than 30
days after service of this decision and order, Cabot Coach Builders, Inc. shall be giYen the
.opportunity to.inspect and ex amine such evidence collected being held by the Suffolk County
Police Departnient in connection with the fatal fimousine crash on July 18, 2015 that resulted in
the prosecution of both Carlos Pino and Steven Romeo including, but not limited to, the motor
Page 2 of 3
FILED: SUFFOLK COUNTY CLERK 05/04/2020 04:37 PM INDEX NO. 611214/2015
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vehicles involved in that collision that is under the control or in the custody of the Suffolk
County Police Department; and itis further
ORDERED that Cabot Coach Builders, Inc. shall give written notice to any other party to this
action that so requests, in writing, ofthe date(s) and the inspection and examination is to
time(s)
be conducted, and an agent of each party that has made the tequest in writing,. may be present to
observe, videotape, and photograph the inspection being conducted, subject to reasonable
conditions as the Suffolk County Police Department may see fit to preserve the normal
func6oning of itsoperations.
Background
This case was commenced on October 21, 2015 and arises out of a fatal limousine crash on July
18, 2015. This action has 15 parties and in order to protect the rights of all parties each party
must adhere to the orders of this court. This court has published standing part rules that advise
the parties that itadheres to the CPLR and the Uniform Rules for the New York State Trial
Courts, 22 NYCRR Part 202. The parties, both Plaintiffs and Defendants, have been afforded
every reasonable opportunity to conduct discovery.
This motion is made for an order directing the Suffolk County Police Department to permit the
parties to examine such evidence collected being held by the Suffolk County Police Department
in connectich with the fatal limousine crash on July 18, 2015 that resulted in the prosecution of
both Carlos Pino and Steven Romeo. The parties advise that the Suffolk County District
"hold"
Attorney that has placed a on this evidence. The movant has not served the Suffolk
County District Attorney with this motion or the Suffolk County Police Department. However,
the criminal prusecuticñ of those eases has been completed with dismissal of the charges with
respect to Carlos Pino and a convicticñ with respect to Steven Romeo. Accordingly, the motion
is granted, upon the precondition that this decision and order be served upon the Suffolk County
District Attorney and the Suffolk County Attorney on behalf of the Suffolk County Police so that
can present such opposition as have, ifany, to the o e 'on issued herewith.
they they
Dated: September 11, 2019
JOHN H. R USE, eting J.S.C.
Page 3 of 3
Preview
FILED: SUFFOLK COUNTY CLERK 05/04/2020 04:37 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 664 RECEIVED NYSCEF: 05/04/2020 AP- INDEX NO. 611214/2015 COUNTY_ ERK 0 6 /17 / 2 019 08:59 NYSCEF DOC. NO. 475 RECEIVED NYSCEF: 06/17/2019 EXHIBIT E FILED: SUFFOLK COUNTY CLERK 05/04/2020 04:37 PM INDEX NO. 611214/2015 ....-. NYSCEF DOC.--.....--.. NO. 664 --,...,-- ----- --,--,......- ...-....- ...., RECEIVED NYSCEF: 05/04/2020 NY SCEF DOC. No. 543 RECEIVED NYSCEF: 09/13/2 019 INDEX NO. 611214/2015 SUPREME COURT - STATE OF NEW YORK LA.S. PART 12 - SUFFOLK COUNTY PR E S ENT: MOTION DATE: 07/17/2019 Hon. John H. Rouse ADJ. DATE: 7/31/2019 Acting Supreme Court Justice Mot. Seq. 007-MG e-flied full pardcipation SUZANNE SCHULMAN AS AijMINISTRATRIX OF THEESTATE OF BRITTNEY M. SCHULMAN, DECEASED, ALICIA M ARUNDEL, OLGA LIPETS, MINDV GRABlNA A/O/E AMY GRABINA, AND MINDY GRAB1NA, INDIVÍf)UALLY,, STEVEN BARUCH A/O/E LAUREN BARUCH, DECEASED,. AND STEVENBARUCH, INDIVIDUALLY, JOELLE DIMONTE, MELISSA A CRAI, ARTHURA BELLI JR AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE PlO STEPHANIE BELLl, Plaintiffs. DECISION & ORDER -against- DLTIMATE CLASS LIMOUSINE, INC,, CARLOS E PINO, ROMEO DIMON 1vIARINE SERVICE, INC4 STEVEN D ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS,1NC D/B/A ROYALE LIMOUSINE, XYZ COMPANIES l-5NAME BEING FICTITIOUS BUTINTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS, AND/OR.SELLERS OF THE 2007 LINCOLN TOWN CARSTRETCH LIMOUSINE IWVOLVED IN Tl-IECOLLISION, Defendants TO: .iOHN L JULIANO PC FRANKi LAINE, P.C. 39 DOYLE CT 449 S OYSTER.BAY RD E NOR.THPORT; NY I 17 1 PLAINVIEW, NY 11803 63-1-499-9300 516-9374010 THE.BONGIORNO LAW FIRM, PLLC. SULLIVAN, PAPAIN, BLOCK, 1415 KELLUM-PLACE, STE. 205 MCGRATH, CANNAVO, P.C. GARDEN CITY, NY T1530 1140 FRANKLIN AVE., STE 200 516-741-4170 GARDEN CITY, NY I1530 2.12-266-4203 PARIS & CHAIKINPLC 14 PENN PLAZA, SUITE7000 PEGALIS & ERICKSON, LLC NEW YORK, NY 10122 1 HOLLOW LN, STE 107 212 742-0476 NEW HYDE PARKrNY 11042 Page 1 of 3 FILED: SUFFOLK COUNTY CLERK 05/04/2020 04:37 PM INDEX NO. 611214/2015 ...-.-, -NYSCEF .DOC. NO.--664 --.... ---.... - ---...- ,,..., ... -...- ......, ...- . -... ... RECEIVED NYSCEF: 05/04/2020 NYSCEF DOC. NO. 543 RECEIVED NYSCEF: 09/13/201E 516- 684-2900 LEWIS JOHS AVALLONE AVILES, LLP ONE CA PLAZA, SUITE 225 LAW OFFICES QF JOSEPH1TOCK ISLANDIA,NY 11749 963 ROUTE 6 631-755-010) MAHOPACrNY 10541 845-628-8080 DEVITT SPELLMAN BARRETT, LLP 50 ROUTE 111 BLOCK.0 TOOLE & MURPHY LLP SMITHTOWN. NY 11787 1 PENN PLAZA, SUITE 531 631-724-8833 NEW YORK, NY 10119 212-736-5300 LAW OFFICES OF VINCENT D. MCNAMARA 1045 OYSTER BAY RD., STE 1 AHMUTY DEMERS & MCMANUS EAST NORWICH, NY 117.32 200 I U. WILLETS RD.. 516-922-9100 ALBERTSON, NY 11507 516-?Z94-5433 LAW OFFICE OF ANDREA G. SAWYERS PO. BOX 9028 CASCONE & KLUEPFEL, LLP MELVILLE, NY 11747 1399 FRANKLIN AVENUE 631s501-3077 GARDEN CITY, NY 1 I.530 516-747-1990 pon Notice of Motion by Defeüdañt Cabot Coach Builders, Inc., d/b/a Royale Limousine for an Order (a) Directing the defendants Steven Romeo and Ultimate Class Limousine, Inc. to remove the 2005 Dodge pick up truck and the 2007 Lincoln Taxi that were involved in the subject incidêñt from the Suffolk County Police Department impound yard and produce them for inspections by Cabot Coach Builders, Inc together with any component parts removed therefrom, or in the alternative providing the -correspondence received from the Suffolk County District Attomey's Office removing.the holds on the vehicles and prcviding a release to Travelers Insurance to allow the vehicles, and any ag·ent parts removed therefrom, to be removed from the Suffolk County Police Department impound yard by, and stored at, Rapid Recovery to allow forthe inspections to be conducted by Cabot Coach Builders, Inc. together with such other and further reHef as to the Court may seem just, proper and equitable; (2) e-filed documents numbered 478 to 512; itis ORDERED that the Defendant Cabot.Coach Builders, Inc. immediately serve upon the Suffolk County District Attorney and the Suffölk County Attorney a copy of this decision and order; and itis further ORDERED that the motion (Seq. 007) by Cabot Coach Builders, Inc. is granted to the extent that during regular business hours and subject to reasonable conditions as the Suffolk County Police Depàrtment rnay see fitto preserve the normal functioning of its operations and no later than 30 days after service of this decision and order, Cabot Coach Builders, Inc. shall be giYen the .opportunity to.inspect and ex amine such evidence collected being held by the Suffolk County Police Departnient in connection with the fatal fimousine crash on July 18, 2015 that resulted in the prosecution of both Carlos Pino and Steven Romeo including, but not limited to, the motor Page 2 of 3 FILED: SUFFOLK COUNTY CLERK 05/04/2020 04:37 PM INDEX NO. 611214/2015 - ...-..- NYSCEF . DOC. --664 ...... NO. - --. -- --, ...-, --...- ...... ...,- ....., RECEIVED NYSCEF: 05/04/2020 NYSCEF DOC. NO. 543 RECEIVED NY SCEF : 09/13/2019 vehicles involved in that collision that is under the control or in the custody of the Suffolk County Police Department; and itis further ORDERED that Cabot Coach Builders, Inc. shall give written notice to any other party to this action that so requests, in writing, ofthe date(s) and the inspection and examination is to time(s) be conducted, and an agent of each party that has made the tequest in writing,. may be present to observe, videotape, and photograph the inspection being conducted, subject to reasonable conditions as the Suffolk County Police Department may see fit to preserve the normal func6oning of itsoperations. Background This case was commenced on October 21, 2015 and arises out of a fatal limousine crash on July 18, 2015. This action has 15 parties and in order to protect the rights of all parties each party must adhere to the orders of this court. This court has published standing part rules that advise the parties that itadheres to the CPLR and the Uniform Rules for the New York State Trial Courts, 22 NYCRR Part 202. The parties, both Plaintiffs and Defendants, have been afforded every reasonable opportunity to conduct discovery. This motion is made for an order directing the Suffolk County Police Department to permit the parties to examine such evidence collected being held by the Suffolk County Police Department in connectich with the fatal limousine crash on July 18, 2015 that resulted in the prosecution of both Carlos Pino and Steven Romeo. The parties advise that the Suffolk County District "hold" Attorney that has placed a on this evidence. The movant has not served the Suffolk County District Attorney with this motion or the Suffolk County Police Department. However, the criminal prusecuticñ of those eases has been completed with dismissal of the charges with respect to Carlos Pino and a convicticñ with respect to Steven Romeo. Accordingly, the motion is granted, upon the precondition that this decision and order be served upon the Suffolk County District Attorney and the Suffolk County Attorney on behalf of the Suffolk County Police so that can present such opposition as have, ifany, to the o e 'on issued herewith. they they Dated: September 11, 2019 JOHN H. R USE, eting J.S.C. Page 3 of 3