On October 21, 2015 a
Exhibit,Appendix
was filed
involving a dispute between
Alicia M Arundel,
Arthur A Belli Jr
As Parent And Natural Guardian Of Stephanie Belli, Deceased, And As The Administrator Of The E O Stephanie Belli,
Joelle Dimonte,
Melissa A Crai,
Mindy Grabina
A O E Amy Grabina, And Mindy Grabina, Individually,,
Olga Lipets,
Steven Baruch
A O E Lauren Baruch, Deceased, And Steven Baruch, Individually,,
Suzanne Schulman
As Administratrix Of The Estate Of Brittney M. Schulman, Deceased,
and
Cabot Coach Builders, Inc D B A Royale Limousine,
Carlos F Pino,
County Of Suffolk,
Romeo Dimon Marine Service, Inc.,
Steven D Romeo,
Town Of Southold,
Ultimate Class Limousine, Inc.,
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,,
for Tort
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 11/11/2022 07:53 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1086 RECEIVED NYSCEF: 11/11/2022
Suffolk Department of Public Works
County
Traffic Engineering
335 Yaphank Road
Yaphank, NY 11980
CR048-2000412 UPDATED STUDY MEMORANDUM
Study No. (S/N):
Middle Road atDepot Lane, Cutchogue
Location: CR 48,
Flasher to 3-Color Traffie Signal
Request: Upgrade Existing
December 2013, rev February 5,2014
Date: 10,
To: Robert F. Hillman, k Traffic Engineer111
Patricia Ralph, Traffic Technician1II
Frorn:
BBOUBST:
dated 12/30/99 and two from
letters individual
residents,
Correspondence from the Town of Southold,
of
installation a 3-color signal
traffic
6/23/01 and requestthata smdy be done to considerthe
dated 8/22/02,
technicalmemorandum dated
flasherat theabove-referred'mtersection.Prelimimry
to replacethe existing
forfutther review
data collection,
completed thisstudy subjectto a recommendation
January 4,2013rev, recommended.
review and analysishasbeen completed as previously
and analysia. Furtherdata collection,
y2HQH& .
BMSTING CONDITIQHSloB§
two direction
lanes in each with
CR Middle Road, is as
elassified an Urban Principal having
Arterial,
48, on CR 48
movements. and
left-turn right-tems
additional lanesfor rightand turn
left Opposing
auxiliary
with paveraent markings. CR a grass/vegetated
48 inaintains median,
are channelizedand delineated
30' at T wide. Traffic,northand south on
20% wide and roadway shoulders approximately
approximately supplemental flasher
at the with
intersection CR 48. Inaddition,a
Depot Lane,is controlledwithstop signs
amber indicationsfacingCR 48. This sessnentof CR
is presentwith redindicationsfacingDepot Lane and
theintersectionwitha horizontal
slight curve tothe north,
beginning
48 is straight
and levelin proximity to
600' sight required
distance per hour
at 55 miles is
approximately the intersection.
east of The stopping
495' 570' motorists west on CR 48 to
recommended at or at 60 milesperhour, and is available
to travelling
insideofthe curvewhere sightlineswould
with
conflicts vehiclessouth on Depot La. (which is the
avoid
approach less than
are substantially those on
be the otherapproaches). Vehicle volumes on this
less than
the northbound approach.
barriercenter of
IÃne south CR 48 and stop lines on
Depot La. is a twolane,two-way roadway with a full
straightand levelwith sight
sufficient distanceon
each approach to CR 48. Both roadways are generally
allapproaches.
signals CR 48 are approximately 0.63 milesto the east
hi to Depot Lane, thenearesttraffic along
proximity
and 2.66 miles (Wickham
to the west Avenue).
(Cox Lane)
UPDATED DATA REVIEW & ANALYSIS
ACCCDENTS:
2009 through August 31, 2012 is
Latestavailablethreeyear (36months) accidenthistory;August31,
from theTown of Southold SCPD).
(outside
compiled below. We note the more ourrentaccidenthistory
1
FILED: SUFFOLK COUNTY CLERK 11/11/2022 07:53 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1086 RECEIVED NYSCEF: 11/11/2022
Ped* Turn Rear Other
Right Left
YEAR
End
om-to An le
0 0 2
2009-2010 1 0
0 0 0
2010-2011 2 0
0 0 3
2011-2012 2 0
*Pedestrian
data (44%)provided in the eadier
rate(70%) thanpriorcrash
The crash dataabove shows a greaterinjury and one
injuries
reportedcrashes incurred
Seven of the ten(10)
tech memo datedJanuary 4, 2013, (7)
vehiclenorthon Depot La.
crashesinvolved the actionofa
asulted All
in a fatality. seven of these does not
crash ofcrashesreported
CR 48. The quantity
the right ofa vehicletravelingalong the
violating of-way reason
the principal to consider
Signal
(Traffic
criteria Warrant #7),as
the crashexperience correctablewiththe
satisfy types reportedmay be
70 percentofthe crash
of
installation signal
a traffic However,
signal
of a traffic
installation
DATA REVIEW & ANALYSIS
STUDIES: UPDATED peak hours
conducted on May 23, 2012 during the highest
eady evening
movement count was activity,Thisdata
A turning themost traffic
minor (Depot
street Lane) experiences
between 3pm - 5pm when the northbound
movements in the
at the intersection
toapproximate the percentturning and 40%
was referenced approach volume made tum
a left
that 40 % of the
direction.The dataindicates approximately of right
effects
used toconsiderthe
20% went straight.This data was
made a righttum and the remaining
approach volume. f
turnsfrom thenorthbound (higher) ft.east of DepotLa.
280
conducted on April5, 2012 at a location
approximateE
A spotspeed study was and 61 mph,
eastbound and westbound is 65 mph
traffic
85th percentilespeed for
indicatingthe
respectively.The posted speed limitis 55 MPH.
2013 Depot La.at a point
counts were conducted in July along
volume
traffic traffic was
24-hour, 7diay average weekday (AWD
100' 48. This data showed thatthe
south ofCR
approximately Lt.
northbound only on Depot
approximately 1,446vehicles, La. at a point
conducted in 2013 alongDepot
tr fficvolume counts were Ju7 was
24-hour, 7-day theaverage weekday traffic
(AWDT)
500'north ofCR 48. This data showed that
appmximately La,
southbound only on Depot
approximately 467 vehicles, CR 48 1.4 miles
at a point
were conducted inAugust 2012 along
traplevolmne counts
24-hour, 7-day traffic(AWDT) was
collectedshowed thattheaverage weekday
west ofDepot La. The data westbound, This AADT is
eastbound and 6,849 vehicles
13,860 7,011 vehicles
approximately vehicles; in 2009.
recorded same
at this location
the
less than 14,674 vehicles(AADT) revealed thatsight
slightly a filed which
visit,
was reviewed on April 12,2012 during
Intersectionsight distance thatthehigher vehune
approach direction.Itisnoted
issuesfrom in any
distance is adequatewithno any curve with adequatesight
outside ofa largehorizontal
toCR 48 islocatedon the very
side streetapproach would be the
distanceside approach
street generally
The most sensitivesight off
linesineach direction east.Scaled distance
horizontal toward the
(insideof very large curve)1ooking
southbound approach depaware point14.5 itfrom the
750 ft from
is available a
shows that approximately with
aerialphotography
departurepoint was determined in accordance
east. The vehicle sight
nearesttravellane looking approaches would have greater
AASHTO and ITE. All other
establishedguidelinespublished by sight
exceeds the recommended 645 ft stopping
availablesightdistance(750 ft)
distances The
available. to afieldinspectionon
65 mph. Subsequent
vehicles along CR 48 at a speedof
distance for traveling (over1000 feet)exceeds
intersectionsightdistance
thatavailable
14,2014 it is confirmed
January approaches and in directions.
all
recommended sightdistanceon all CR 48 and
stopping volmnes recordedalong
the August 2012 hourly
signal analyseswere conducted using signalwarrants#1
TraQic indicate
results thattraffic
collected Depot La. The
2013 houdy volumes along In ananalysi[
the July Hour were satisfied. addition,
and #3 (Peak Vohnne)
(8-Hour volume), #2 (4-Hour volume) minor-streetapproach.
turnson the highervolume
consideredthe effectsof right of
was done that considered. Consideringthe effects
were
intersection
vehicleratthe study
The effectsofrightturn
northbound trafficvolume was used as the
turnsst the 60%
intersection; of the
northbound Depot La, right movements
minor-street.This scenarioelhainatesall the right-turn
volume on the highervolume volume warrant
approach analysis.
As a result,
onlythe 8-Hour
in thesignalwarrant
approach volumes used
from the
2
FILED: SUFFOLK COUNTY CLERK 11/11/2022 07:53 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1086 RECEIVED NYSCEF: 11/11/2022
turn
and left
to the through
volume on the higher
When
is satisfied. halfofthe rightturnvolmne is added
signal
traffic warmats #1 and #2are
volmne minor-streetapproach (80% northbound approach volume)
satisfied.
CONCLUSIONS: UPDATED
technicalmernorandum dated April4, 2012,last revised
January
Allprevious recommendations from
4,2013 havebeen carried out.
was forwarded towork crews as approvedon November 14, 2012and
A request forsignmaintenance
revised on January4, 2013. Thiswork was completed on January 9, 2013.
maintenance was forwarded to County engineeron April 11, 2012.
A requestforpavement marking
recordsindicatethatthiswork was completed on August 17, 2012.
County -
forwarded totheSouthold PoliceDeparhnent on or about
A requestforspeed enforcement was
November 15, 2012. Depot Lane
was collected
(ATR) in July2013 along
Updated volume
traffic data (7-Days,
24-Hours)
volumes north and southapproaching CR 48.
to recordvehicle traveling
Signal
Traffic Warrant analyseshave
Updated volume
traffic data has beencollatedand evaluated.
been conducted using thisdata.
crashes may be ofthe type
Crash data updateshave been included above. 70% of the reported
of crashesdoes notsatisfythecriteria
correctablewith signal.
a traffic However, thequantity
when e of a
installation
recommended forTrafficSignal Warrant #7, Crash Ihperience, considering
control
traffic signal
of the potential
indication fortraffic
activityon
The traffic
signalflasherprovides a visual
existing
approach within
to the intersection thisruralsetting.
signalwarrants#l (8-Hour vehune), #2 (4-
Updated signal
traffic warrant analysesindicatethat traffic
when theAugust 2012 volume along
and #3 (Peak Hour Volume) were satisfied using
Hour volume)
thata wafficsignal be considered.
and the July2013 volume alongDepot La. Itappears may
CR 48
La.rightturns 60%
at the intersection; of the northbound
the effectsof northboundDepot
Considering scenario
volume on the highervolume minor-street.This
yolume
traffic was used as the approach
used in thesignalwarrant analysis.
right-turnmovements from theapproach volumes
eliminatesall the
As a result, the 8-Hour volume warrantis satisfied,
only of the northbound
Depot La. rightturns 80%
at the intersection;
the effectsofnorthbound
Considering minor-street.This scenario
volume on the highervolume
vohnne
traffic was used as the approach
torn
and left northbound approach
includeshalfof volume
the right-turn alongwith the through
warrants#1 and #2 were satisfied.
signalwarrant analysis.As a result, signal
traffic
vehune used in the
warrant orwarrants shall
not, in require
itself,
in the MUTCD that of
satisfaction a signal
Itis noted
of
the installation control
a traffic signal.
vehiclevolume warrantsare satisfied 100%
utilizing
Itis notedthatallthreeof the5-year projected
higher volume minor-streetnorthbound approach,
and 80% of the
guidelinesestabliabedin the 2009Federal
concludes thatin accordance with
This engineering study
and2011 New York StateSupplement to the MUTCD
Manual on TrafficControl Devices (MUTCD)
of a new control
traffic a
signal,
judgment when consideringthe installation
and applyingengineering
control
traffic signalis notrecommended at this
time.
RECOMMENDATIONS: UPDATED
Southold PoliceDepartment forselectiveenforcement w
of the posted 9
" Provide request
a written to the
speed limit.
the reductionofvehiclespeed along CR 48 if
Consider a future project
capital that addresses
enforcement does not yieldfavorableresults.
Sigeal"
"Flasher at this
capitalprojecttoconsiderthe upgrade of the existing
" Consider a future
spot speed studyresults
to determine a traffic
if
evaluationof accidentdata and
including
intersection,
improve traffic
safety intersection.
at this
controlsignal is neededto
" Close case.
3
Preview
FILED: SUFFOLK COUNTY CLERK 11/11/2022 07:53 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1086 RECEIVED NYSCEF: 11/11/2022 Suffolk Department of Public Works County Traffic Engineering 335 Yaphank Road Yaphank, NY 11980 CR048-2000412 UPDATED STUDY MEMORANDUM Study No. (S/N): Middle Road atDepot Lane, Cutchogue Location: CR 48, Flasher to 3-Color Traffie Signal Request: Upgrade Existing December 2013, rev February 5,2014 Date: 10, To: Robert F. Hillman, k Traffic Engineer111 Patricia Ralph, Traffic Technician1II Frorn: BBOUBST: dated 12/30/99 and two from letters individual residents, Correspondence from the Town of Southold, of installation a 3-color signal traffic 6/23/01 and requestthata smdy be done to considerthe dated 8/22/02, technicalmemorandum dated flasherat theabove-referred'mtersection.Prelimimry to replacethe existing forfutther review data collection, completed thisstudy subjectto a recommendation January 4,2013rev, recommended. review and analysishasbeen completed as previously and analysia. Furtherdata collection, y2HQH& . BMSTING CONDITIQHSloB§ two direction lanes in each with CR Middle Road, is as elassified an Urban Principal having Arterial, 48, on CR 48 movements. and left-turn right-tems additional lanesfor rightand turn left Opposing auxiliary with paveraent markings. CR a grass/vegetated 48 inaintains median, are channelizedand delineated 30' at T wide. Traffic,northand south on 20% wide and roadway shoulders approximately approximately supplemental flasher at the with intersection CR 48. Inaddition,a Depot Lane,is controlledwithstop signs amber indicationsfacingCR 48. This sessnentof CR is presentwith redindicationsfacingDepot Lane and theintersectionwitha horizontal slight curve tothe north, beginning 48 is straight and levelin proximity to 600' sight required distance per hour at 55 miles is approximately the intersection. east of The stopping 495' 570' motorists west on CR 48 to recommended at or at 60 milesperhour, and is available to travelling insideofthe curvewhere sightlineswould with conflicts vehiclessouth on Depot La. (which is the avoid approach less than are substantially those on be the otherapproaches). Vehicle volumes on this less than the northbound approach. barriercenter of IÃne south CR 48 and stop lines on Depot La. is a twolane,two-way roadway with a full straightand levelwith sight sufficient distanceon each approach to CR 48. Both roadways are generally allapproaches. signals CR 48 are approximately 0.63 milesto the east hi to Depot Lane, thenearesttraffic along proximity and 2.66 miles (Wickham to the west Avenue). (Cox Lane) UPDATED DATA REVIEW & ANALYSIS ACCCDENTS: 2009 through August 31, 2012 is Latestavailablethreeyear (36months) accidenthistory;August31, from theTown of Southold SCPD). (outside compiled below. We note the more ourrentaccidenthistory 1 FILED: SUFFOLK COUNTY CLERK 11/11/2022 07:53 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1086 RECEIVED NYSCEF: 11/11/2022 Ped* Turn Rear Other Right Left YEAR End om-to An le 0 0 2 2009-2010 1 0 0 0 0 2010-2011 2 0 0 0 3 2011-2012 2 0 *Pedestrian data (44%)provided in the eadier rate(70%) thanpriorcrash The crash dataabove shows a greaterinjury and one injuries reportedcrashes incurred Seven of the ten(10) tech memo datedJanuary 4, 2013, (7) vehiclenorthon Depot La. crashesinvolved the actionofa asulted All in a fatality. seven of these does not crash ofcrashesreported CR 48. The quantity the right ofa vehicletravelingalong the violating of-way reason the principal to consider Signal (Traffic criteria Warrant #7),as the crashexperience correctablewiththe satisfy types reportedmay be 70 percentofthe crash of installation signal a traffic However, signal of a traffic installation DATA REVIEW & ANALYSIS STUDIES: UPDATED peak hours conducted on May 23, 2012 during the highest eady evening movement count was activity,Thisdata A turning themost traffic minor (Depot street Lane) experiences between 3pm - 5pm when the northbound movements in the at the intersection toapproximate the percentturning and 40% was referenced approach volume made tum a left that 40 % of the direction.The dataindicates approximately of right effects used toconsiderthe 20% went straight.This data was made a righttum and the remaining approach volume. f turnsfrom thenorthbound (higher) ft.east of DepotLa. 280 conducted on April5, 2012 at a location approximateE A spotspeed study was and 61 mph, eastbound and westbound is 65 mph traffic 85th percentilespeed for indicatingthe respectively.The posted speed limitis 55 MPH. 2013 Depot La.at a point counts were conducted in July along volume traffic traffic was 24-hour, 7diay average weekday (AWD 100' 48. This data showed thatthe south ofCR approximately Lt. northbound only on Depot approximately 1,446vehicles, La. at a point conducted in 2013 alongDepot tr fficvolume counts were Ju7 was 24-hour, 7-day theaverage weekday traffic (AWDT) 500'north ofCR 48. This data showed that appmximately La, southbound only on Depot approximately 467 vehicles, CR 48 1.4 miles at a point were conducted inAugust 2012 along traplevolmne counts 24-hour, 7-day traffic(AWDT) was collectedshowed thattheaverage weekday west ofDepot La. The data westbound, This AADT is eastbound and 6,849 vehicles 13,860 7,011 vehicles approximately vehicles; in 2009. recorded same at this location the less than 14,674 vehicles(AADT) revealed thatsight slightly a filed which visit, was reviewed on April 12,2012 during Intersectionsight distance thatthehigher vehune approach direction.Itisnoted issuesfrom in any distance is adequatewithno any curve with adequatesight outside ofa largehorizontal toCR 48 islocatedon the very side streetapproach would be the distanceside approach street generally The most sensitivesight off linesineach direction east.Scaled distance horizontal toward the (insideof very large curve)1ooking southbound approach depaware point14.5 itfrom the 750 ft from is available a shows that approximately with aerialphotography departurepoint was determined in accordance east. The vehicle sight nearesttravellane looking approaches would have greater AASHTO and ITE. All other establishedguidelinespublished by sight exceeds the recommended 645 ft stopping availablesightdistance(750 ft) distances The available. to afieldinspectionon 65 mph. Subsequent vehicles along CR 48 at a speedof distance for traveling (over1000 feet)exceeds intersectionsightdistance thatavailable 14,2014 it is confirmed January approaches and in directions. all recommended sightdistanceon all CR 48 and stopping volmnes recordedalong the August 2012 hourly signal analyseswere conducted using signalwarrants#1 TraQic indicate results thattraffic collected Depot La. The 2013 houdy volumes along In ananalysi[ the July Hour were satisfied. addition, and #3 (Peak Vohnne) (8-Hour volume), #2 (4-Hour volume) minor-streetapproach. turnson the highervolume consideredthe effectsof right of was done that considered. Consideringthe effects were intersection vehicleratthe study The effectsofrightturn northbound trafficvolume was used as the turnsst the 60% intersection; of the northbound Depot La, right movements minor-street.This scenarioelhainatesall the right-turn volume on the highervolume volume warrant approach analysis. As a result, onlythe 8-Hour in thesignalwarrant approach volumes used from the 2 FILED: SUFFOLK COUNTY CLERK 11/11/2022 07:53 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1086 RECEIVED NYSCEF: 11/11/2022 turn and left to the through volume on the higher When is satisfied. halfofthe rightturnvolmne is added signal traffic warmats #1 and #2are volmne minor-streetapproach (80% northbound approach volume) satisfied. CONCLUSIONS: UPDATED technicalmernorandum dated April4, 2012,last revised January Allprevious recommendations from 4,2013 havebeen carried out. was forwarded towork crews as approvedon November 14, 2012and A request forsignmaintenance revised on January4, 2013. Thiswork was completed on January 9, 2013. maintenance was forwarded to County engineeron April 11, 2012. A requestforpavement marking recordsindicatethatthiswork was completed on August 17, 2012. County - forwarded totheSouthold PoliceDeparhnent on or about A requestforspeed enforcement was November 15, 2012. Depot Lane was collected (ATR) in July2013 along Updated volume traffic data (7-Days, 24-Hours) volumes north and southapproaching CR 48. to recordvehicle traveling Signal Traffic Warrant analyseshave Updated volume traffic data has beencollatedand evaluated. been conducted using thisdata. crashes may be ofthe type Crash data updateshave been included above. 70% of the reported of crashesdoes notsatisfythecriteria correctablewith signal. a traffic However, thequantity when e of a installation recommended forTrafficSignal Warrant #7, Crash Ihperience, considering control traffic signal of the potential indication fortraffic activityon The traffic signalflasherprovides a visual existing approach within to the intersection thisruralsetting. signalwarrants#l (8-Hour vehune), #2 (4- Updated signal traffic warrant analysesindicatethat traffic when theAugust 2012 volume along and #3 (Peak Hour Volume) were satisfied using Hour volume) thata wafficsignal be considered. and the July2013 volume alongDepot La. Itappears may CR 48 La.rightturns 60% at the intersection; of the northbound the effectsof northboundDepot Considering scenario volume on the highervolume minor-street.This yolume traffic was used as the approach used in thesignalwarrant analysis. right-turnmovements from theapproach volumes eliminatesall the As a result, the 8-Hour volume warrantis satisfied, only of the northbound Depot La. rightturns 80% at the intersection; the effectsofnorthbound Considering minor-street.This scenario volume on the highervolume vohnne traffic was used as the approach torn and left northbound approach includeshalfof volume the right-turn alongwith the through warrants#1 and #2 were satisfied. signalwarrant analysis.As a result, signal traffic vehune used in the warrant orwarrants shall not, in require itself, in the MUTCD that of satisfaction a signal Itis noted of the installation control a traffic signal. vehiclevolume warrantsare satisfied 100% utilizing Itis notedthatallthreeof the5-year projected higher volume minor-streetnorthbound approach, and 80% of the guidelinesestabliabedin the 2009Federal concludes thatin accordance with This engineering study and2011 New York StateSupplement to the MUTCD Manual on TrafficControl Devices (MUTCD) of a new control traffic a signal, judgment when consideringthe installation and applyingengineering control traffic signalis notrecommended at this time. RECOMMENDATIONS: UPDATED Southold PoliceDepartment forselectiveenforcement w of the posted 9 " Provide request a written to the speed limit. the reductionofvehiclespeed along CR 48 if Consider a future project capital that addresses enforcement does not yieldfavorableresults. Sigeal" "Flasher at this capitalprojecttoconsiderthe upgrade of the existing " Consider a future spot speed studyresults to determine a traffic if evaluationof accidentdata and including intersection, improve traffic safety intersection. at this controlsignal is neededto " Close case. 3