Preview
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022
EXHIBIT N
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022
1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
--_________________-____________-----------_____
SUZANNE SCHOLMAN 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
One CA Plaza
Islandia, New York
July 9, 2019
10:28 a.m.
EXAMINATION BEFORE TRIAL OF TOWN OF
SOUTHOLD, by CHIEF MARTIN FLATLEY, a Defendant
herein, taken by the attorneys for the respective
parties, pursuant to Court Order, held at the
above time and place before Nichole Bugeja, a
Stenotype Reporter and Notary Public within and
for the State of New York.
516-485-2222 BEE REPORTING AGENCY, INC, 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022
2
1 A P P E A R A N C E S :
2
3 JOHN 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.
17
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 (Continued on following page)
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022
3
1 A P P E A R A N C E S: (Continued)
2
3 SULLIVAN PAPAIN BLOCK McGRATE & 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: ROBERT SULLIVAN, ESQ.
7
8
9 PEGALIS LAW GROUP, LLC
Attorneys for Plaintiff Joelle DiMonte
10 One Hollow Lane, Suite 107
Lake Success, New York 11042
11
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 BLOCK O'TOOLE & MURPHY, LLP
Attorneys for Arthur A. Belli, Jr. as parent
20 and natural guardian of Stephanie Belli,
deceased, and as the administrator of the
21 E/O Stephanie Belli
1 Penn Plaza, Suite 5315
22 New York, New York 10119
23 BY: DANIEL SEIDEN, ESQ.
File No. 4044
24
25 (Continued on following page)
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022
4
1 A P P E A R A N C E S: (Continued)
2
3 BONGIORNO, MONTIGLIO & PALMIERI
Attorneys for Defendants Ultimate Class
4 Limousine, Inc. and Carlos F. Pino
200 Old Country Road, Suite 680
5 Mineola, New York 11501
6 BY: NEIL PALMIERI, ESQ.
7
8
9 CASCONE & KLUEPFEL, LLP
Attorneys for Defendant
10 Romeo Dimon Marine Service, Inc.
1399 Franklin Avenue, Suite 302
11 Garden City, New York 11530
12 BY: JEFFREY PILINKO, ESQ.
File No. 0412DVM
13
14
15 LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant Steven D. Romeo
16 One CA Plaza, Suite 225
Islandia, New York 11749
17
BY: REBECCA DEVLIN, ESQ.
18 File No.: 0114.1460.001C
19
20
21 LAW OFFICES OF THOMAS M. VOLZ, PLLC
Attorneys for Defendant Town of Southold
22 280 Smithtown Boulevard
Nesconset, New York 11767
23
BY: DAVID H. ARNTSEN, ESQ.
24
25 (Continued on following page)
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022
5
1 A P P E A R A N C E S: (Continued)
2
3 LAW OFFICES OF VINCENT D. McNAMARA
Attorneys for Defendant County of Suffolk
4 1045 Oyster Bay Road, Suite 1
East Norwich, New York 11732
5
BY: VINCENT D. McNAMARA, ESQ.
6 File No. 907-4577
7
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 ALSO PRESENT:
CHRIS HERNANDEZ, Intern with Joseph J. Tock, Esq.
14
OLIVIA SEGOTA, Intern with the Law Offices of
15 Vincent D. McNamara
16
17
18
19
20
21
22
23
24
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022
6
1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
2
221.1 OBJECTIONS AT DEPOSITIONS
3
(a) Objections in general. No objections
4 shall be made at a deposition except those
which, pursuant to subdivision (b), (c) or (d)
5 of Rule 3115 of the Civil Practice Law and
Rules, would be waived if not interposed, and
6 except in compliance with subdivision (e) of
such rule. All objections made at a deposition
7 shall be noted by the officer before whom the
deposition is taken, and the answer shall be
8 given and the deposition shall proceed subject
to the objections and to the right of a person
9 to apply for appropriate relief pursuant to
Article 31 of the CPLR.
10 (b) Speaking objections restricted. Every
objection raised during a deposition shall be
11 stated succinctly and framed so as not to
suggest an answer to the deponent and, at the
12 request of the questioning attorney, shall
include a clear statement as to any defect in
13 form or other basis of error or irregularity.
Except to the extent permitted by CPLR Rule 3115
14 or by this rule, during the course of the
examination, persons shall not make statements
15 or comments that interfere with the questioning.
16 221.2 REFUSAL TO ANSWER WHEN OBJECTION IS MADE.
17 A deponent shall answer all questions at a
deposition, except (i) to preserve a privilege
18 or right of confidentiality, (ii) to enforce a
limitation set forth in an order of the court,
19 or (iii) when the question is plainly improper
and would, if answered, cause significant
20 prejudice to any person. An attorney shall not
direct a deponent not to answer except as
21 provided in CPLR Rule 3115 or this subdivision.
Any refusal to answer or direction not to answer
22 shall be accompanied by a succinct and clear
statement of the basis therefore. If a deponent
23 does not answer a question, the examining party
shall have the right to complete the remainder
24 of the deposition.
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022
1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
2
221.3 Communication with the deponent.
3
An attorney shall not interrupt the
4 deposition for the purpose of communication with
the deponent unless all parties consent or the
5 communication is made for the purpose of
determining whether the question should not be
6 answered on the grounds set forth in Section
221.2 of these rules and, in such event, the
7 reason for the communication shall be stated for
the record succinctly and clearly.
8
IT IS FURTHER STIPULATED AND AGREED that
9 the transcript may be signed before a Notary
Public with the same force and effect as if
10 signed before a clerk or a Judge of the court.
11 IT IS FURTHER STIPULATED AND AGREED that
the examination before trial may be utilized for
12 all purposes as provided by the CPLR.
13 IT IS FURTHER STIPULATED AND AGREED that
all rights provided to all parties by the CPLR
14 cannot be deemed waived and the appropriate
sections of the CPLR shall be controlling with
15 respect hereto.
16 IT IS FURTHER STIPULATED AND AGREED by an
between the attorneys for the respective parties
17 that a copy of this examination shall be
furnished, without charge, to the attorney
18 representing the witness testifying herein.
19 * * * *
20
21
22
23
24
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022
8
1
2 MR. TOCK: Can you mark these, please.
3 (Whereupon, Southold Town Police
4 internal correspondence dated May 3, 2012,
Plaintiffs'
5 was premarked as Exhibit 1 for
6 Identification, as of this date.)
7 (Whereupon, Southold Town Police
8 internal correspondence dated October 6,
Plaintiffs'
9 2012, was premarked as Exhibit 2
10 for Identification, as of this date.)
11 (Whereupon, Southold Town Police
12 internal correspondence dated June 7, 2013,
Plaintiffs' Exhibit
13 was premarked as 3 for
14 Identification, as of this date.)
15 (Whereupon, a uniform traffic statistics
Plaintiffs'
16 sheet was premarked as Exhibit 4
17 for Identification, as of this date.)
18 (Whereupon, a vehicle complaints sheet
Plaintiffs'
19 was premarked as Exhibit 5 for
20 Identification, as of this date.)
21 (Whereupon, records for vehicle
Plaintiffs'
22 complaints were premarked as
23 Exhibits 6 through 6P for Identification, as
24 of this date.)
25 (Whereupon, business records of the Town
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022
9
1 Chief M. Flatley
Plaintiffs'
2 of Southold were premarked as
3 Exhibits 7 through 7AZ, and 7AA through 7AP
4 for Identification, as of this date.)
5 (Whereupon, certified public records and
6 a Town of Southold corridor report were
Plaintiffs'
7 premarked as Exhibits 8 through
8 8D for Identification, as of this date.)
9 (Whereupon, Suffolk County Department of
10 Public Works business records, request
11 letter or e-mails were premarked as
Plaintiffs' through
12 Exhibits 9 9H for
13 Identification, as of this date.)
14 (Whereupon, Suffolk County Department of
15 Works business records, memos to file were
Plaintiffs'
16 premarked as Exhibits 10 through
17 10F for Identification, as of this date.)
18 (Whereupon, a New York State Police
19 collision reconstruction report was
Plaintiffs'
20 premarked as Exhibits 11 through
21 11Q for Identification, as of this date.)
22 (Whereupon, a Southold Town Board
23 resolution dated December 30, 1999, was
Plaintiffs'
24 premarked as Exhibits 12 and 12A
25 for Identification, as of this date.)
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022
10
1 Chief M. Flatley
2 (Whereupon, a letter from Bernadette
3 Peterson being forwarded to Mrs. Neville, to
4 be forwarded to the County was premarked as
Plaintiffs'
5 Exhibits 13 and 13A for
6 Identification, as of this date.)
7 (Whereupon, Zoning Board of Appeals
8 addendum to winery event permit for Vineyard
9 48 for November 12 and 13, 2011, was
10 premarked as
Plaintiffs' Exhibit 14 for
11 Identification, as of this date.)
12 (Whereupon, a complaint letter from
13 Bernadette Peterson to the Southold
14 Superintendent of Highways dated November 3,
Plaintiffs'
15 1999, was premarked as Exhibit
16 15 for Identification, as of this date.)
17 (Whereupon, a Southold Town Board
18 resolution dated January 1, 2000, was
Plaintiffs'
19 premarked as Exhibit 16 for
20 Identification, as of this date.)
21 (Whereupon, an acknowledgement by
22 William Shannon of his receipt of Ms.
23 Neville's letter dated February 2, 2000, was
24 premarked Plaintiffs' Exhibit 17 for
as
25 Identification, as of this date.)
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022
11
1 Chief M. Flatley
2 (Whereupon, correspondence between Chief
3 Flatley and the Southold office of the
4 Engineer dated January 27, 2009, was
premarked Plaintiffs' and 18A
5 as Exhibits 18
6 for Identification, as of this date.)
7 (Whereupon, a resolution of the Town of
8 Southold to execute an agreement with
9 Johnson Electrical Construction Corp.,
10 adopted December 14, 2010, was premarked as
Plaintiffs'
11 Exhibits 19 through 19D for
12 Identification, as of this date.)
13 (Whereupon, guideline agreements between
14 Vineyard 48 and several limousine companies
15 were premarked as
Plaintiffs' Exhibits 20
16 through 20C for Identification, as of this
17 date.)
18 (Whereupon, an agreement between Johnson
19 Electrical Construction Corp. and the Town
20 of Southold, effective January 1, 2012, was
21 premarked as
Plaintiffs' Exhibits 21 through
22 21B for Identification, as of this date.)
23 (Whereupon, an agreement between Johnson
24 Electrical Construction Corp. and the Town
25 of Southold, effective January 1, 2013, was
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022
12
1 Chief M. Flatley
Plaintiffs'
2 premarked as Exhibits 22 through
3 22B for Identification, as of this date.)
4 (Whereupon, minutes from the Southold
5 Town Planning Board meeting on June 3, 2013,
Plaintiffs'
6 were premarked as Exhibits 23
7 through 23D for Identification, as of this
8 date.)
9 (Whereupon, minutes from the Southold
10 Town Planning Board meeting on July 1, 2013,
11 were premarked as
Plaintiffs' Exhibit 24 for
12 Identification, as of this date.)
13 (Whereupon, minutes from Southold Town
14 Planning Board meetings on various dates
Plaintiffs'
15 were premarked as Exhibits 25
16 through 25G for Identification, as of this
17 date.)
18 (Whereupon, minutes from the Southold
19 Town Planning Board Meeting on September 26,
Plaintiffs'
20 2013, were premarked as Exhibit
21 26 through 23D for Identification, as of
22 this date.)
23 (Whereupon, a resolution from the
24 Southold Town Board adopted on December 3,
Plaintiffs'
25 2013, were premarked as Exhibits
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022
13
1 Chief M. Flatley
2 27 through 27E for Identification, as of
3 this date.)
4 (Whereupon, a resolution from the
5 Southold Town Board adopted on February 10,
Plaintiffs'
6 2015, was premarked as Exhibits
7 28 through 28G for Identification, as of
8 this date.)
9 (Whereupon, minutes from the Southold
10 Transportation Commission meeting from
11 September 14, 2015, were premarked as
Plaintiffs' through 29B
12 Exhibits 29 for
13 Identification, as of this date.)
14 (Whereupon, a request from the Southold
15 Town Fire Chiefs Council to Suffolk County
16 DPW dated September 16, 2015, for the
17 installment of turn signals at the
18 intersection of CR 48 and Depot Lane was
Plaintiffs'
19 premarked as Exhibit 30 for
20 Identification, as of this date.)
21 (Whereupon, a spreadsheet regarding MVAs
22 with personal injury at Route 48 and Depot
Plaintiffs'
23 Lane was premarked as Exhibit 31
24 for Identification, as of this
Preview
FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022 EXHIBIT N FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK --_________________-____________-----------_____ SUZANNE SCHOLMAN 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 One CA Plaza Islandia, New York July 9, 2019 10:28 a.m. EXAMINATION BEFORE TRIAL OF TOWN OF SOUTHOLD, by CHIEF MARTIN FLATLEY, a Defendant herein, taken by the attorneys for the respective parties, pursuant to Court Order, held at the above time and place before Nichole Bugeja, a Stenotype Reporter and Notary Public within and for the State of New York. 516-485-2222 BEE REPORTING AGENCY, INC, 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022 2 1 A P P E A R A N C E S : 2 3 JOHN 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. 17 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 (Continued on following page) 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022 3 1 A P P E A R A N C E S: (Continued) 2 3 SULLIVAN PAPAIN BLOCK McGRATE & 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: ROBERT SULLIVAN, ESQ. 7 8 9 PEGALIS LAW GROUP, LLC Attorneys for Plaintiff Joelle DiMonte 10 One Hollow Lane, Suite 107 Lake Success, New York 11042 11 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 BLOCK O'TOOLE & MURPHY, LLP Attorneys for Arthur A. Belli, Jr. as parent 20 and natural guardian of Stephanie Belli, deceased, and as the administrator of the 21 E/O Stephanie Belli 1 Penn Plaza, Suite 5315 22 New York, New York 10119 23 BY: DANIEL SEIDEN, ESQ. File No. 4044 24 25 (Continued on following page) 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022 4 1 A P P E A R A N C E S: (Continued) 2 3 BONGIORNO, MONTIGLIO & PALMIERI Attorneys for Defendants Ultimate Class 4 Limousine, Inc. and Carlos F. Pino 200 Old Country Road, Suite 680 5 Mineola, New York 11501 6 BY: NEIL PALMIERI, ESQ. 7 8 9 CASCONE & KLUEPFEL, LLP Attorneys for Defendant 10 Romeo Dimon Marine Service, Inc. 1399 Franklin Avenue, Suite 302 11 Garden City, New York 11530 12 BY: JEFFREY PILINKO, ESQ. File No. 0412DVM 13 14 15 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant Steven D. Romeo 16 One CA Plaza, Suite 225 Islandia, New York 11749 17 BY: REBECCA DEVLIN, ESQ. 18 File No.: 0114.1460.001C 19 20 21 LAW OFFICES OF THOMAS M. VOLZ, PLLC Attorneys for Defendant Town of Southold 22 280 Smithtown Boulevard Nesconset, New York 11767 23 BY: DAVID H. ARNTSEN, ESQ. 24 25 (Continued on following page) 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022 5 1 A P P E A R A N C E S: (Continued) 2 3 LAW OFFICES OF VINCENT D. McNAMARA Attorneys for Defendant County of Suffolk 4 1045 Oyster Bay Road, Suite 1 East Norwich, New York 11732 5 BY: VINCENT D. McNAMARA, ESQ. 6 File No. 907-4577 7 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 ALSO PRESENT: CHRIS HERNANDEZ, Intern with Joseph J. Tock, Esq. 14 OLIVIA SEGOTA, Intern with the Law Offices of 15 Vincent D. McNamara 16 17 18 19 20 21 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022 6 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 221.1 OBJECTIONS AT DEPOSITIONS 3 (a) Objections in general. No objections 4 shall be made at a deposition except those which, pursuant to subdivision (b), (c) or (d) 5 of Rule 3115 of the Civil Practice Law and Rules, would be waived if not interposed, and 6 except in compliance with subdivision (e) of such rule. All objections made at a deposition 7 shall be noted by the officer before whom the deposition is taken, and the answer shall be 8 given and the deposition shall proceed subject to the objections and to the right of a person 9 to apply for appropriate relief pursuant to Article 31 of the CPLR. 10 (b) Speaking objections restricted. Every objection raised during a deposition shall be 11 stated succinctly and framed so as not to suggest an answer to the deponent and, at the 12 request of the questioning attorney, shall include a clear statement as to any defect in 13 form or other basis of error or irregularity. Except to the extent permitted by CPLR Rule 3115 14 or by this rule, during the course of the examination, persons shall not make statements 15 or comments that interfere with the questioning. 16 221.2 REFUSAL TO ANSWER WHEN OBJECTION IS MADE. 17 A deponent shall answer all questions at a deposition, except (i) to preserve a privilege 18 or right of confidentiality, (ii) to enforce a limitation set forth in an order of the court, 19 or (iii) when the question is plainly improper and would, if answered, cause significant 20 prejudice to any person. An attorney shall not direct a deponent not to answer except as 21 provided in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to answer 22 shall be accompanied by a succinct and clear statement of the basis therefore. If a deponent 23 does not answer a question, the examining party shall have the right to complete the remainder 24 of the deposition. 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 221.3 Communication with the deponent. 3 An attorney shall not interrupt the 4 deposition for the purpose of communication with the deponent unless all parties consent or the 5 communication is made for the purpose of determining whether the question should not be 6 answered on the grounds set forth in Section 221.2 of these rules and, in such event, the 7 reason for the communication shall be stated for the record succinctly and clearly. 8 IT IS FURTHER STIPULATED AND AGREED that 9 the transcript may be signed before a Notary Public with the same force and effect as if 10 signed before a clerk or a Judge of the court. 11 IT IS FURTHER STIPULATED AND AGREED that the examination before trial may be utilized for 12 all purposes as provided by the CPLR. 13 IT IS FURTHER STIPULATED AND AGREED that all rights provided to all parties by the CPLR 14 cannot be deemed waived and the appropriate sections of the CPLR shall be controlling with 15 respect hereto. 16 IT IS FURTHER STIPULATED AND AGREED by an between the attorneys for the respective parties 17 that a copy of this examination shall be furnished, without charge, to the attorney 18 representing the witness testifying herein. 19 * * * * 20 21 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022 8 1 2 MR. TOCK: Can you mark these, please. 3 (Whereupon, Southold Town Police 4 internal correspondence dated May 3, 2012, Plaintiffs' 5 was premarked as Exhibit 1 for 6 Identification, as of this date.) 7 (Whereupon, Southold Town Police 8 internal correspondence dated October 6, Plaintiffs' 9 2012, was premarked as Exhibit 2 10 for Identification, as of this date.) 11 (Whereupon, Southold Town Police 12 internal correspondence dated June 7, 2013, Plaintiffs' Exhibit 13 was premarked as 3 for 14 Identification, as of this date.) 15 (Whereupon, a uniform traffic statistics Plaintiffs' 16 sheet was premarked as Exhibit 4 17 for Identification, as of this date.) 18 (Whereupon, a vehicle complaints sheet Plaintiffs' 19 was premarked as Exhibit 5 for 20 Identification, as of this date.) 21 (Whereupon, records for vehicle Plaintiffs' 22 complaints were premarked as 23 Exhibits 6 through 6P for Identification, as 24 of this date.) 25 (Whereupon, business records of the Town 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022 9 1 Chief M. Flatley Plaintiffs' 2 of Southold were premarked as 3 Exhibits 7 through 7AZ, and 7AA through 7AP 4 for Identification, as of this date.) 5 (Whereupon, certified public records and 6 a Town of Southold corridor report were Plaintiffs' 7 premarked as Exhibits 8 through 8 8D for Identification, as of this date.) 9 (Whereupon, Suffolk County Department of 10 Public Works business records, request 11 letter or e-mails were premarked as Plaintiffs' through 12 Exhibits 9 9H for 13 Identification, as of this date.) 14 (Whereupon, Suffolk County Department of 15 Works business records, memos to file were Plaintiffs' 16 premarked as Exhibits 10 through 17 10F for Identification, as of this date.) 18 (Whereupon, a New York State Police 19 collision reconstruction report was Plaintiffs' 20 premarked as Exhibits 11 through 21 11Q for Identification, as of this date.) 22 (Whereupon, a Southold Town Board 23 resolution dated December 30, 1999, was Plaintiffs' 24 premarked as Exhibits 12 and 12A 25 for Identification, as of this date.) 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022 10 1 Chief M. Flatley 2 (Whereupon, a letter from Bernadette 3 Peterson being forwarded to Mrs. Neville, to 4 be forwarded to the County was premarked as Plaintiffs' 5 Exhibits 13 and 13A for 6 Identification, as of this date.) 7 (Whereupon, Zoning Board of Appeals 8 addendum to winery event permit for Vineyard 9 48 for November 12 and 13, 2011, was 10 premarked as Plaintiffs' Exhibit 14 for 11 Identification, as of this date.) 12 (Whereupon, a complaint letter from 13 Bernadette Peterson to the Southold 14 Superintendent of Highways dated November 3, Plaintiffs' 15 1999, was premarked as Exhibit 16 15 for Identification, as of this date.) 17 (Whereupon, a Southold Town Board 18 resolution dated January 1, 2000, was Plaintiffs' 19 premarked as Exhibit 16 for 20 Identification, as of this date.) 21 (Whereupon, an acknowledgement by 22 William Shannon of his receipt of Ms. 23 Neville's letter dated February 2, 2000, was 24 premarked Plaintiffs' Exhibit 17 for as 25 Identification, as of this date.) 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022 11 1 Chief M. Flatley 2 (Whereupon, correspondence between Chief 3 Flatley and the Southold office of the 4 Engineer dated January 27, 2009, was premarked Plaintiffs' and 18A 5 as Exhibits 18 6 for Identification, as of this date.) 7 (Whereupon, a resolution of the Town of 8 Southold to execute an agreement with 9 Johnson Electrical Construction Corp., 10 adopted December 14, 2010, was premarked as Plaintiffs' 11 Exhibits 19 through 19D for 12 Identification, as of this date.) 13 (Whereupon, guideline agreements between 14 Vineyard 48 and several limousine companies 15 were premarked as Plaintiffs' Exhibits 20 16 through 20C for Identification, as of this 17 date.) 18 (Whereupon, an agreement between Johnson 19 Electrical Construction Corp. and the Town 20 of Southold, effective January 1, 2012, was 21 premarked as Plaintiffs' Exhibits 21 through 22 21B for Identification, as of this date.) 23 (Whereupon, an agreement between Johnson 24 Electrical Construction Corp. and the Town 25 of Southold, effective January 1, 2013, was 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022 12 1 Chief M. Flatley Plaintiffs' 2 premarked as Exhibits 22 through 3 22B for Identification, as of this date.) 4 (Whereupon, minutes from the Southold 5 Town Planning Board meeting on June 3, 2013, Plaintiffs' 6 were premarked as Exhibits 23 7 through 23D for Identification, as of this 8 date.) 9 (Whereupon, minutes from the Southold 10 Town Planning Board meeting on July 1, 2013, 11 were premarked as Plaintiffs' Exhibit 24 for 12 Identification, as of this date.) 13 (Whereupon, minutes from Southold Town 14 Planning Board meetings on various dates Plaintiffs' 15 were premarked as Exhibits 25 16 through 25G for Identification, as of this 17 date.) 18 (Whereupon, minutes from the Southold 19 Town Planning Board Meeting on September 26, Plaintiffs' 20 2013, were premarked as Exhibit 21 26 through 23D for Identification, as of 22 this date.) 23 (Whereupon, a resolution from the 24 Southold Town Board adopted on December 3, Plaintiffs' 25 2013, were premarked as Exhibits 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 09/06/2022 05:44 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1020 RECEIVED NYSCEF: 09/06/2022 13 1 Chief M. Flatley 2 27 through 27E for Identification, as of 3 this date.) 4 (Whereupon, a resolution from the 5 Southold Town Board adopted on February 10, Plaintiffs' 6 2015, was premarked as Exhibits 7 28 through 28G for Identification, as of 8 this date.) 9 (Whereupon, minutes from the Southold 10 Transportation Commission meeting from 11 September 14, 2015, were premarked as Plaintiffs' through 29B 12 Exhibits 29 for 13 Identification, as of this date.) 14 (Whereupon, a request from the Southold 15 Town Fire Chiefs Council to Suffolk County 16 DPW dated September 16, 2015, for the 17 installment of turn signals at the 18 intersection of CR 48 and Depot Lane was Plaintiffs' 19 premarked as Exhibit 30 for 20 Identification, as of this date.) 21 (Whereupon, a spreadsheet regarding MVAs 22 with personal injury at Route 48 and Depot Plaintiffs' 23 Lane was premarked as Exhibit 31 24 for Identification, as of this