Preview
FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022
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2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
3 ------------------------------------------X
ALICIA M. ARUNDEL; SUZANNE SCHULMAN, as
4 Administratrix of the ESTATE OF BRITTANY
SCHULMAN, deceased; OLGA LIPETS; MINDY
5 GRABINA, as Administratrix of the Estate of
AMY GRABINA, and MINDY GRABINA,
6 Individually; STEVEN BARUCH, as
Administrator of the Estate of LAUREN
7 BARUCH, deceased and STEVEN BARUCH,
Individually; JOELLE DIMONTE; MELISSA A.
8 CRAI; and ARTHUR A. BELLI JR., as parent
and natural guardian of STEPHANIE BELLI,
9 deceased, and as the Administrator of THE
ESTATE OF STEPHANIE BELLI,
10 PLAINTIFFS,
11 -against- Index No.:
611214/2015
12
13 ULTIMATE CLASS LIMOUSINE, INC., CARLOS
PINO, ROMEO DIMON MARINE SERVICE, INC,
14 STEVEN ROMEO, TOWN OF SOUTHOLD, COUNTY OF
SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a
1-5"
15 ROYALE LIMOUSINE and "XYZ COMPANIES
name being fictitious but intended to be
16 the remanufacturers, distributors and/or
sellers of the 2007 Lincoln Town Car
17 stretch limousine involved in the
collision,
18 DEFENDANTS.
19
20 DATE: March 20, 2018
21 TIME: 10:00 A.M.
22
23 (DEPOSITION OF JOELLE DIMONTE)
24
25
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FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022
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2 DATE: March 20, 2018
3 TIME: 10:00 A.M.
4
5
6 EXAMINATION BEFORE TRIAL of the
7 Plaintiff, JOELLE DIMONTE, taken by the
8 Defendants, pursuant to a Court Order, held
9 at the offices of Pegalis & Erickson, LLP,
10 One Hollow Lane, Lake Success, New York
11 11042, before Aileen Koven, a Notary Public
12 of the State of New York.
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FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022
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2 A P P E A R A N C E S:
3
4 PEGALIS & ERICKSON, LLP
Attorneys for the Plaintiff
5 JOELLE DIMONTE
One Hollow Lane
6 Lake Success, New York 11042
BY: GARY M. NIELSEN, ESQ.
7
8
BLOCK O'TOOLE & MURPHY, LLP
9 Attorneys for the Plaintiff
ARTHUR A. BELLI, JR.
10 One Penn Plaza, Suite 5315
New York, New York 10119
11 (NOT PRESENT)
12
13 SULLIVAN PAPAIN BLOCK
McGRATH & CANNAVO, P.C.
14 Attorneys for the Plaintiff
ESTATE OF LAUREN BARUCH
15 1140 Franklin Avenue
Garden City, New York 11530
16 (NOT PRESENT)
17
18 JOHN J. JULIANO
Attorneys for the Plaintiff
19 ESTATE OF BRITTANY SCHULMAN
39 Doyle Court
20 East Northport, New York 11731
(NOT PRESENT)
21
22
23 (Appearances continued on next page.)
24
25
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FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022
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2 A P P E A R A N C E S: (Continued)
3
4 PARIS & CHAIKIN, PLLC
Attorneys for the Plaintiff
5 OLGA LIPETS
14 Penn Plaza
6 New York, New York 10122
(NOT PRESENT)
7
8
9 THE BONGIORNO LAW FIRM, PLLC
Attorneys for the Plaintiff
10 ALICIA M. ARUNDEL
1415 Kellum Place
11 Garden City, New York 11530
(NOT PRESENT)
12
13
14
JOSEPH J. TOCK, ESQ.
15 Attorneys for the Plaintiff
MELISSA A. CRAI
16 963 Route 6
Mahopac, New York 10541
17 (NOT PRESENT)
18
19 FRANK J. LAINE, ESQ.
Attorneys for the Plaintiff
2 O AMY GRABINA
449 South Oyster Bay Road
21 Plainview, New York 11803
(NOT PRESENT)
22
23
24
(Appearances continued on next page.)
25
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FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022
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2 A P P E A R A N C E S: (Continued)
3
4 LAW OFFICES OF ANDREA SAWYERS
Attorneys for the Defendants
5 CABOT COACH BUILDERS, INC.
P.O. Box 2903
6 Hartford, Connecticut 06104-2903
BY: STEVEN A. STEIGERWALD, ESQ.
7 -and-
JESSE PRISCO, ESQ.
8
9 AHMUTY DEMERS & McMANUS, ESQS.
Attorneys for the Defendants
10 CARLOS F. PINO and ULTIMATE
CLASS LIMOUSINE, INC.
11 200 I.U. Willets Road
Albertson, New York 11507
12 BY: MICHELE RACH, ESQ.
13
14 CASCONE & KLUEPFEL, LLP
Attorneys for the Defendant
15 ROMEO DIMON MARINE SERVICES, INC.
1399 Franklin Avenue, Suite 302
16 Garden City, New York 11530
BY: DAVID TAVELLA, ESQ.
17 FILE#: 03787DVM
18
19 SUFFOLK COUNTY ATTORNEY
Attorneys for the Defendant
20 THE COUNTY OF SUFFOLK
100 Veterans Memorial Highway
21 Hauppauge, New York 11788
(NOT PRESENT)
22
23
24
(Appearances continued on next page.)
25
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FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022
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2 A P P E A R A N C E S: (Continued)
3
4 DEVITT SPELLMAN BARRETT, LLP
Attorneys for the Defendants
5 THE TOWN OF SOUTHOLD
50 Route 111
6 Smithtown, New York 11787
BY: JOSHUA SHTEIERMAN, ESQ.
7 FILE#: HC7554
8
9
LEWIS JOHS AVALLONE & AVILES, LLP
10 Attorneys for the Defendants
STEVEN D. ROMEO
11 One CA Plaza
Islandia, New York 11749
12 BY: REBECCA K. DEVLIN, ESQ.
FILE#: 0114.1460.2C
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FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022
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2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3 221.1 Objections at Depositions
(a) Objections in general. No objections
4 shall be made at a deposition except those
which, pursuant to subdivision (b), (c) or
5 (d) of Rule 3115 of the Civil Practice Law
and Rules, would be waived if not
6 interposed, and except in compliance with
subdivision (e) of such rule. All
7 objections made at a deposition shall be
noted by the officer before whom the
8 deposition is taken, and the answer shall
be given and the deposition shall proceed
9 subject to the objections and to the right
of a person to apply for appropriate relief
10 pursuant to Article 31 of the CPLR.
(b) Speaking objections restricted. Every
11 objection raised during a deposition shall
be stated succinctly and framed so as not
12 to suggest an answer to the deponent and,
at the request of the questioning attorney,
13 shall include a clear statement as to any
defect in form or other basis of error or
14 irregularity. Except to the extent
permitted by CPLR Rule 3115 or by this
15 rule, during the course of the examination
persons in attendance shall not make
16 statements or comments that interfere with
the questioning.
17 221.2 Refusal to answer when objection is
made. A deponent shall answer all questions
18 at a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii)
19 to enforce a limitation set forth in an
order of the court, or (iii) when the
20 question is plainly improper and would, if
answered, cause significant prejudice to
21 any person. An attorney shall not direct
a deponent not to answer except as provided
22 in CPLR Rule 3115 or this subdivision.
Any refusal to answer or direction not to
23 answer shall be accompanied by a succinct
and clear statement of the basis therefor.
24 If the deponent does not answer a question,
the examining party shall have the right to
25 complete the remainder of the deposition.
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FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022
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1
2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
221.3 Communication with the deponent
4 An attorney shall not interrupt the
deposition for the purpose of communicating
5 with the deponent unless all parties
consent or the communication is made for
6 the purpose of determining whether the
question should not be answered on the
7 grounds set forth in section 221.2 of these
rules and, in such event, the reason for
8 the communication shall be stated for the
record succinctly and clearly.
9
10 IT IS FURTHER STIPULATED AND AGREED
that the transcript may be signed before
11 any Notary Public with the same force and
effect as if signed before a clerk or a
12 Judge of the court.
13
IT IS FURTHER STIPULATED AND AGREED
14 that the examination before trial may be
utilized for all purposes as provided by
15 the CPLR.
16
IT IS FURTHER STIPULATED AND AGREED
17 that all rights provided to all parties by
the CPLR cannot be deemed waived and the
18 appropriate sections of the CPLR shall be
controlling with respect hereto.
19
20 IT IS FURTHER STIPULATED AND AGREED
by and between the attorneys for the
21 respective parties hereto that a copy of
this examination shall be furnished,
22 without charge, to the attorneys
representing the witness testifying herein.
23
24
25
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FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022
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1 DiMONTE
2 J O E L L E D I M O N T E, called as a
3 witness, having been first duly sworn by a
4 Notary Public of the State of New York, was
5 examined and testified as follows:
6 EXAMINATION BY
7 MR. STEIGERWALD:
8 Q. Please state your name for the
9 record.
10 A. Joelle DiMonte.
11 Q. What is your address?
12 A. 54 Lefferts Avenue, East
13 Northport, New York 11731.
14 Q. Good morning. My name is Steve
15 Steigerwald. I will be asking you some
16 questions here today. If you don't
17 understand them, please let me know.
18 You have to answer everything
19 verbally. She has the toughest job in the
20 room. She has to take down both what I say
21 and you say.
22 A. Okay.
23 Q. If you don't know just please
24 tell me you don't know. I don't want you
25 to guess to anything.
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NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022
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1 DiMONTE
2 A. Okay.
3 Q. Any breaks you want to take
4 just let us know.
5 A. Okay.
6 Q. What is your date of birth
7 please, the last four?
8 A. 1989.
9 Q. Your Social Security number.
10 The last four digits?
11 A. 3303.
12 MR. NIELSEN: Give your whole
13 Social Security number.
14 Q. Who do you live with on
15 Lefferts Avenue on East Northport?
16 A. My mother and my brother.
17 Q. Your mother's name?
18 A. Nancy DiMonte.
19 Q. How old is she?
20 A. She's 61.
21 Q. Your brother?
22 A. Joseph DiMonte.
23 Q. How old is he?
24 A. He's 24.
25 Q. Does your mother work outside
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FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022
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1 DiMONTE
2 the house?
3 A. Yes.
4 Q. What does she do?
5 A. She is a professor at SUNY
6 Farmingdale.
7 Q. Your brother, is he employed
8 outside the house?
9 A. He works at an engineering
10 firm. I forgot the name to be honest.
11 Q. What does he do at the
12 engineering firm?
13 A. Drafting, designing.
14 Q. Since 2015 has anybody else
15 resided in the home other than the three of
16 you?
17 A. No.
18 Q. I understand your father has
19 passed away?
20 A. Yes.
21 Q. When did he pass away?
22 A. March 14, 2012.
23 Q. Where did you go to high
24 school?
25 A. John Glenn in Elwood.
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NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022
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1 DiMONTE
2 Q. What year did you graduate?
3 A. 2008.
4 Q. Did you go to college?
5 A. Yes.
6 Q. Where did you go?
7 A. Freshman year I went to Buffalo
8 State University. Then I transferred my
9 sophomore year to the university of Albany
10 and I graduated from Albany.
11 Q. What was your major?
12 A. Bachelor of Arts was my degree.
13 Q. What was your major?
14 A. Sociology.
15 Q. Did you go to graduate school
16 at all?
17 A. No.
18 Q. Out of college did you get a
19 job?
20 A. Yes.
21 Q. Where were you working?
22 A. Outreach. It's a substance
23 abuse facility for adolescent teens.
24 Q. Where is that located?
25 A. In Brentwood, New York.
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1 DiMONTE
2 Q. Are you still working there?
3 A. No.
4 Q. When did you stop working
5 there?
6 A. 2016.
7 Q. What did you do at -- is it
8 Operation Outreach?
9 A. Just outreach.
10 Q. What did you do at Outreach?
11 A. I was a substance abuse
12 counselor. I ran groups. I had sessions.
13 Did intake appointments, screening,
14 toxicology screenings.
15 Q. Did you start there in 2012 or
16 sometime thereafter?
17 A. 2012.
18 Q. In 2015 what shift were you
19 working there?
-- started
20 A. I was I working per
21 diem. So I was working a couple of days a
22 week during the day. Then I was promoted
23 to full-time a year after that. My hours
24 were at night. So from three to 11. Then
25 I got promoted to an overnight shift. So
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FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022
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1 DiMONTE
2 that was 11 to 7.
3 Q. 11 p.m. to seven a.m.?
4 A. Yes. Then a year after that I
5 was promoted again. I got a day shift
6 seven to three.
7 Q. So you started with the day
8 shift about when?
9 A. 2015.
10 Q. Were you working the day shift
11 in July of 2015?
12 A. Yes.
13 Q. Why did you wind up leaving
14 Outreach?
15 A. I got another job.
16 Q. Were you laid off at Outreach?
17 A. Yes.
18 Q. When were you laid off?
19 A. 2016.
20 Q. Did they give you a reason why
21 you were laid off?
22 A. Budget cuts.
23 Q. Was it the beginning of 2016,
24 the end of 2016, something else?
25 A. It was the end of 2016.
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FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022
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1 DiMONTE
2 Q. What is the next job you had?
3 A. I am now working at Federation
4 of Organizations, also in Brentwood.
5 Q. What is the Federation of
Preview
FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK 3 ------------------------------------------X ALICIA M. ARUNDEL; SUZANNE SCHULMAN, as 4 Administratrix of the ESTATE OF BRITTANY SCHULMAN, deceased; OLGA LIPETS; MINDY 5 GRABINA, as Administratrix of the Estate of AMY GRABINA, and MINDY GRABINA, 6 Individually; STEVEN BARUCH, as Administrator of the Estate of LAUREN 7 BARUCH, deceased and STEVEN BARUCH, Individually; JOELLE DIMONTE; MELISSA A. 8 CRAI; and ARTHUR A. BELLI JR., as parent and natural guardian of STEPHANIE BELLI, 9 deceased, and as the Administrator of THE ESTATE OF STEPHANIE BELLI, 10 PLAINTIFFS, 11 -against- Index No.: 611214/2015 12 13 ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC, 14 STEVEN ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC., d/b/a 1-5" 15 ROYALE LIMOUSINE and "XYZ COMPANIES name being fictitious but intended to be 16 the remanufacturers, distributors and/or sellers of the 2007 Lincoln Town Car 17 stretch limousine involved in the collision, 18 DEFENDANTS. 19 20 DATE: March 20, 2018 21 TIME: 10:00 A.M. 22 23 (DEPOSITION OF JOELLE DIMONTE) 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 1 FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022 2 1 2 DATE: March 20, 2018 3 TIME: 10:00 A.M. 4 5 6 EXAMINATION BEFORE TRIAL of the 7 Plaintiff, JOELLE DIMONTE, taken by the 8 Defendants, pursuant to a Court Order, held 9 at the offices of Pegalis & Erickson, LLP, 10 One Hollow Lane, Lake Success, New York 11 11042, before Aileen Koven, a Notary Public 12 of the State of New York. 13 14 15 16 17 18 19 20 21 22 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 2 FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022 3 1 2 A P P E A R A N C E S: 3 4 PEGALIS & ERICKSON, LLP Attorneys for the Plaintiff 5 JOELLE DIMONTE One Hollow Lane 6 Lake Success, New York 11042 BY: GARY M. NIELSEN, ESQ. 7 8 BLOCK O'TOOLE & MURPHY, LLP 9 Attorneys for the Plaintiff ARTHUR A. BELLI, JR. 10 One Penn Plaza, Suite 5315 New York, New York 10119 11 (NOT PRESENT) 12 13 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C. 14 Attorneys for the Plaintiff ESTATE OF LAUREN BARUCH 15 1140 Franklin Avenue Garden City, New York 11530 16 (NOT PRESENT) 17 18 JOHN J. JULIANO Attorneys for the Plaintiff 19 ESTATE OF BRITTANY SCHULMAN 39 Doyle Court 20 East Northport, New York 11731 (NOT PRESENT) 21 22 23 (Appearances continued on next page.) 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 3 FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022 4 1 2 A P P E A R A N C E S: (Continued) 3 4 PARIS & CHAIKIN, PLLC Attorneys for the Plaintiff 5 OLGA LIPETS 14 Penn Plaza 6 New York, New York 10122 (NOT PRESENT) 7 8 9 THE BONGIORNO LAW FIRM, PLLC Attorneys for the Plaintiff 10 ALICIA M. ARUNDEL 1415 Kellum Place 11 Garden City, New York 11530 (NOT PRESENT) 12 13 14 JOSEPH J. TOCK, ESQ. 15 Attorneys for the Plaintiff MELISSA A. CRAI 16 963 Route 6 Mahopac, New York 10541 17 (NOT PRESENT) 18 19 FRANK J. LAINE, ESQ. Attorneys for the Plaintiff 2 O AMY GRABINA 449 South Oyster Bay Road 21 Plainview, New York 11803 (NOT PRESENT) 22 23 24 (Appearances continued on next page.) 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 4 FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022 5 1 2 A P P E A R A N C E S: (Continued) 3 4 LAW OFFICES OF ANDREA SAWYERS Attorneys for the Defendants 5 CABOT COACH BUILDERS, INC. P.O. Box 2903 6 Hartford, Connecticut 06104-2903 BY: STEVEN A. STEIGERWALD, ESQ. 7 -and- JESSE PRISCO, ESQ. 8 9 AHMUTY DEMERS & McMANUS, ESQS. Attorneys for the Defendants 10 CARLOS F. PINO and ULTIMATE CLASS LIMOUSINE, INC. 11 200 I.U. Willets Road Albertson, New York 11507 12 BY: MICHELE RACH, ESQ. 13 14 CASCONE & KLUEPFEL, LLP Attorneys for the Defendant 15 ROMEO DIMON MARINE SERVICES, INC. 1399 Franklin Avenue, Suite 302 16 Garden City, New York 11530 BY: DAVID TAVELLA, ESQ. 17 FILE#: 03787DVM 18 19 SUFFOLK COUNTY ATTORNEY Attorneys for the Defendant 20 THE COUNTY OF SUFFOLK 100 Veterans Memorial Highway 21 Hauppauge, New York 11788 (NOT PRESENT) 22 23 24 (Appearances continued on next page.) 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 5 FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022 6 1 2 A P P E A R A N C E S: (Continued) 3 4 DEVITT SPELLMAN BARRETT, LLP Attorneys for the Defendants 5 THE TOWN OF SOUTHOLD 50 Route 111 6 Smithtown, New York 11787 BY: JOSHUA SHTEIERMAN, ESQ. 7 FILE#: HC7554 8 9 LEWIS JOHS AVALLONE & AVILES, LLP 10 Attorneys for the Defendants STEVEN D. ROMEO 11 One CA Plaza Islandia, New York 11749 12 BY: REBECCA K. DEVLIN, ESQ. FILE#: 0114.1460.2C 13 * * * 14 15 16 17 18 19 20 21 22 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 6 FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022 7 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.1 Objections at Depositions (a) Objections in general. No objections 4 shall be made at a deposition except those which, pursuant to subdivision (b), (c) or 5 (d) of Rule 3115 of the Civil Practice Law and Rules, would be waived if not 6 interposed, and except in compliance with subdivision (e) of such rule. All 7 objections made at a deposition shall be noted by the officer before whom the 8 deposition is taken, and the answer shall be given and the deposition shall proceed 9 subject to the objections and to the right of a person to apply for appropriate relief 10 pursuant to Article 31 of the CPLR. (b) Speaking objections restricted. Every 11 objection raised during a deposition shall be stated succinctly and framed so as not 12 to suggest an answer to the deponent and, at the request of the questioning attorney, 13 shall include a clear statement as to any defect in form or other basis of error or 14 irregularity. Except to the extent permitted by CPLR Rule 3115 or by this 15 rule, during the course of the examination persons in attendance shall not make 16 statements or comments that interfere with the questioning. 17 221.2 Refusal to answer when objection is made. A deponent shall answer all questions 18 at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) 19 to enforce a limitation set forth in an order of the court, or (iii) when the 20 question is plainly improper and would, if answered, cause significant prejudice to 21 any person. An attorney shall not direct a deponent not to answer except as provided 22 in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to 23 answer shall be accompanied by a succinct and clear statement of the basis therefor. 24 If the deponent does not answer a question, the examining party shall have the right to 25 complete the remainder of the deposition. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 7 FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022 8 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.3 Communication with the deponent 4 An attorney shall not interrupt the deposition for the purpose of communicating 5 with the deponent unless all parties consent or the communication is made for 6 the purpose of determining whether the question should not be answered on the 7 grounds set forth in section 221.2 of these rules and, in such event, the reason for 8 the communication shall be stated for the record succinctly and clearly. 9 10 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before 11 any Notary Public with the same force and effect as if signed before a clerk or a 12 Judge of the court. 13 IT IS FURTHER STIPULATED AND AGREED 14 that the examination before trial may be utilized for all purposes as provided by 15 the CPLR. 16 IT IS FURTHER STIPULATED AND AGREED 17 that all rights provided to all parties by the CPLR cannot be deemed waived and the 18 appropriate sections of the CPLR shall be controlling with respect hereto. 19 20 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the 21 respective parties hereto that a copy of this examination shall be furnished, 22 without charge, to the attorneys representing the witness testifying herein. 23 24 25 DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 8 FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022 9 1 DiMONTE 2 J O E L L E D I M O N T E, called as a 3 witness, having been first duly sworn by a 4 Notary Public of the State of New York, was 5 examined and testified as follows: 6 EXAMINATION BY 7 MR. STEIGERWALD: 8 Q. Please state your name for the 9 record. 10 A. Joelle DiMonte. 11 Q. What is your address? 12 A. 54 Lefferts Avenue, East 13 Northport, New York 11731. 14 Q. Good morning. My name is Steve 15 Steigerwald. I will be asking you some 16 questions here today. If you don't 17 understand them, please let me know. 18 You have to answer everything 19 verbally. She has the toughest job in the 20 room. She has to take down both what I say 21 and you say. 22 A. Okay. 23 Q. If you don't know just please 24 tell me you don't know. I don't want you 25 to guess to anything. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 9 FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022 10 1 DiMONTE 2 A. Okay. 3 Q. Any breaks you want to take 4 just let us know. 5 A. Okay. 6 Q. What is your date of birth 7 please, the last four? 8 A. 1989. 9 Q. Your Social Security number. 10 The last four digits? 11 A. 3303. 12 MR. NIELSEN: Give your whole 13 Social Security number. 14 Q. Who do you live with on 15 Lefferts Avenue on East Northport? 16 A. My mother and my brother. 17 Q. Your mother's name? 18 A. Nancy DiMonte. 19 Q. How old is she? 20 A. She's 61. 21 Q. Your brother? 22 A. Joseph DiMonte. 23 Q. How old is he? 24 A. He's 24. 25 Q. Does your mother work outside DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 10 FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022 11 1 DiMONTE 2 the house? 3 A. Yes. 4 Q. What does she do? 5 A. She is a professor at SUNY 6 Farmingdale. 7 Q. Your brother, is he employed 8 outside the house? 9 A. He works at an engineering 10 firm. I forgot the name to be honest. 11 Q. What does he do at the 12 engineering firm? 13 A. Drafting, designing. 14 Q. Since 2015 has anybody else 15 resided in the home other than the three of 16 you? 17 A. No. 18 Q. I understand your father has 19 passed away? 20 A. Yes. 21 Q. When did he pass away? 22 A. March 14, 2012. 23 Q. Where did you go to high 24 school? 25 A. John Glenn in Elwood. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 11 FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022 12 1 DiMONTE 2 Q. What year did you graduate? 3 A. 2008. 4 Q. Did you go to college? 5 A. Yes. 6 Q. Where did you go? 7 A. Freshman year I went to Buffalo 8 State University. Then I transferred my 9 sophomore year to the university of Albany 10 and I graduated from Albany. 11 Q. What was your major? 12 A. Bachelor of Arts was my degree. 13 Q. What was your major? 14 A. Sociology. 15 Q. Did you go to graduate school 16 at all? 17 A. No. 18 Q. Out of college did you get a 19 job? 20 A. Yes. 21 Q. Where were you working? 22 A. Outreach. It's a substance 23 abuse facility for adolescent teens. 24 Q. Where is that located? 25 A. In Brentwood, New York. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 12 FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022 13 1 DiMONTE 2 Q. Are you still working there? 3 A. No. 4 Q. When did you stop working 5 there? 6 A. 2016. 7 Q. What did you do at -- is it 8 Operation Outreach? 9 A. Just outreach. 10 Q. What did you do at Outreach? 11 A. I was a substance abuse 12 counselor. I ran groups. I had sessions. 13 Did intake appointments, screening, 14 toxicology screenings. 15 Q. Did you start there in 2012 or 16 sometime thereafter? 17 A. 2012. 18 Q. In 2015 what shift were you 19 working there? -- started 20 A. I was I working per 21 diem. So I was working a couple of days a 22 week during the day. Then I was promoted 23 to full-time a year after that. My hours 24 were at night. So from three to 11. Then 25 I got promoted to an overnight shift. So DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 13 FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022 14 1 DiMONTE 2 that was 11 to 7. 3 Q. 11 p.m. to seven a.m.? 4 A. Yes. Then a year after that I 5 was promoted again. I got a day shift 6 seven to three. 7 Q. So you started with the day 8 shift about when? 9 A. 2015. 10 Q. Were you working the day shift 11 in July of 2015? 12 A. Yes. 13 Q. Why did you wind up leaving 14 Outreach? 15 A. I got another job. 16 Q. Were you laid off at Outreach? 17 A. Yes. 18 Q. When were you laid off? 19 A. 2016. 20 Q. Did they give you a reason why 21 you were laid off? 22 A. Budget cuts. 23 Q. Was it the beginning of 2016, 24 the end of 2016, something else? 25 A. It was the end of 2016. DIAMOND REPORTING (877) 624-3287 info@diamondreporting.com 14 FILED: SUFFOLK COUNTY CLERK 06/15/2022 02:36 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 890 RECEIVED NYSCEF: 06/15/2022 15 1 DiMONTE 2 Q. What is the next job you had? 3 A. I am now working at Federation 4 of Organizations, also in Brentwood. 5 Q. What is the Federation of