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EXHIBIT (PART 2 OF 2)
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2 A. Correct.
3 MR. TEIXEIRA: Yes.
4 Q. Does that refresh your recollection as
5 to which data collection or studies that you
6 performed -- that you decided to perform in
7 relation to this particular study?
8 MR. TEIXEIRA: Objection to form. You
9 can answer.
10 A. No.
11 Q. Can you tell by looking at that list
12 which ones Mr. Rogalle decided needed to be done?
13 A. I cannot determine that, no.
14 Q. Can you tell by looking at that
15 document, or from your recollection, whether or
16 not Mr. Dresch decided upon any of the data
17 collection or studies that were done in relation
18 to this case?
19 A. I cannot.
20 Q. Do you have any recollection?
21 A. I do not.
22 Q. The data collection and the surveys and
23 analyses that are listed on page two of Exhibit
24 3A, did you perform all of those?
25 A. No.
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2 Q. Which ones were not performed by you?
3 A. For lack of having the actual study,
4 which would indicate my name on them, but some of
5 these are done by a machine.
6 Q. Which ones?
7 A. 24/7 traffic volume counts.
8 Q. Did you set up those machines?
9 A. It could have been me on Depot Lane,
10 maybe two of us.
11 Q. You have no recollection of that?
12 A. And the .24/7 along County Road 48 is
13 done by an outside firm, as far as I know.
14 Q. What outside firm?
15 A. I don't know. I'm not sure.
16 Q. Other than those two studies that you
17 just mentioned, did you complete and conduct all
18 of the others?
19 A. Again, I don't have the paperwork to see
20 if my name was on them. Recollection, I believe
21 so. Probably not the effects of right turn
22 vehicles, I don't believe I did that.
23 Q. Where is that?
24 MR. TEIXEIRA: The end of page two.
The -- page
25 A. last on two.
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2 Q. Any others?
3 A. I believe I did the others, but once
4 again, the caveat is I don't have it in front of
5 me with my name on it.
6 Q. I'm going to show you what was
Plaintiffs'
7 previously marked as Exhibits 4A, B,
8 C, D, E, G, H, 5A, 5B; I'm going to ask you to
9 take a look at those. Just look at them quick
10 and then I'll ask you about each one.
11 A. Okay.
12 Q. Are all of those exhibits documents
13 reflecting the data collection and analysis that
14 was done by you in relation to County Road 48 and
15 Depot Lane?
16 A. Some are, some are not.
17 Q. Can you please tell me which ones are
18 not?
19 MR. STEIGERWALD: Are not done by her?
20 MR. CRUZ: Correct.
21 A. The exhibits that indicate date prepared
22 and by, PGR is not me.
23 Q. Who is that?
24 A. Mr. Rogalle.
25 Q. So that would be -- can you just call
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2 out the names of the exhibits?
3 A. 4A --
4 MR. TEIXEIRA: 4A; only not you.
5 A. -- 4D is New York State.
4B, 4C; by
6 Q. Just call out the numbers of the
--
7 exhibits
8 MR. TEIXEIRA: That are not you.
-- were not done you or
9 Q. that by analyses
10 not done by you.
11 THE WITNESS: This is not, I put down
12 the counters.
13 MR. TEIXEIRA: If you're not sure,
14 you're not sure. He only wants to know what
15 was not done by you.
16 A. 4E, 4H. That's it.
17 Q. So what does that leave us; which ones
18 were done by you?
19 A. 5A.
20 MR. TEIXEIRA: This was done by you?
21 THE WITNESS: No.
22 MR. TEIXEIRA: Let's go off for a
23 second.
24 MR. CRUZ: Go off.
25 (Whereupon, a discussion was held off
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2 the record.)
3 Q. Start with 4A. Have you had an
4 opportunity to look at exhibit 4A?
5 A. Yes.
6 Q. What exactly is that document?
7 A. Traffic signal warrant analysis with one
8 hundred percent approach.
9 Q. Does it have a date that that analysis
10 was done?
11 A. 12/32/013.
.12 Q. Who was the author of that analysis?
13 A. Initials are PGR, which is Paul Rogalle.
14 Q. Did you take any part in that analysis?
15 MR. TEIXEIRA: Objection to form. You
16 can answer, if you know.
17 A. I don't believe so.
18 Q. Did you collect any of the data that was
19 utilized for the analysis that is the exhibit
20 marked 4A?
21 A. I need to see the date. I'm not sure.
22 I'm not sure because of the count dates. I don't
23 recall because it's 2012, and 2013. I don't
24 know.
25 Q. The next one, 4B, what exactly is that?
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2 MR. TEIXEIRA: Objection to form. You
3 can answer.
4 A. Traffic signal warrant analysis.
5 Q. Can you tell me what date it was
6 prepared?
7 A. This indicates an eighty percent
8 approach volume, dated 12/10/2013, initials PGR,
9 which is Mr. Rogalle.
10 Q. Did you conduct any part of that
11 analysis?
12 A. I don't believe so, but once again, the
13 count dates are in 2012 and 2013; I don't recall.
14 Q. Did you collect of the data --
any
15 A. The data, I'm sorry. The analysis, I
16 don't believe so; the data, I cannot say.
17 Q. Let's go to the next one. 4C, what
18 exactly is that?
19 A. Traffic signal warrant analysis, sixty
20 percent approach volume, date is 12/3/2013,
21 initials PGR, which, once again, is Mr. Rogalle.
22 Q. So that document was prepared by
23 Mr. Rogalle?
24 A. Correct.
25 Q. That analysis was done by him?
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2 A. Correct.
3 Q. Did you collect any of the data that's
4 reflected in that document?
5 A. Once again, because of the count dates
6 being indicated as 2012 and 2013, I'm not sure.
7 Q. 4D, what exactly is that document?
8 MR. TEIXEIRA: Same objection, just to
9 form.
10 A. These are volume counts. The first one
11 is by New York State DOT, dated August of 2012.
12 Also, there are volume counts of Depot Lane, the
13 south leg.
14 Q. Just generally speaking, what is that
15 document?
16 A. Volume counts.
17 Q. Did you prepare that document?
18 A. The initials are PGR.
19 Q. Which is Mr. Rogalle?
20 A. Correct.
21 Q. Did you collect any of the data that's
22 reflected in the document?
23 A. I believe I put down the counters on
24 both legs of Depot Road, so it's just a matter of
25 me putting the counters out on the roadway.
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2 Q. Just in effort to move it along, I'm
3 going to cut you off, sorry.
4 What's the next exhibit?
5 A. 4E.
6 Q. 4E, do you recognize that document?
7 A. This was before my start date.
8 MR. TEIXEIRA: So no?
9 THE WITNESS: No.
10 Q. 4F --
11 A. Is --
-- recognize that document?
12 Q. do you
13 A. I do.
14 Q. What is it?
15 A. Spot speed or radar that was conducted
16 on Depot Lane.
17 Q. Was that study conducted by you?
18 A. It was.
19 Q. What date was that done?
20 A. April 2012.
21 Q. Go to the next exhibit, which is 4G,
22 please. Do you recognize that document?
23 A. Yes.
24 Q. What exactly is that?
25 A. Turning movement count that was
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2 conducted in of 2012 but the --
May by myself,
3 Q. The diagram, the drawing?
4 A. Thank you. The diagram was done by
5 Mr. Rogalle.
6 Q. Was that drawing, that's on page one,
7 correct, of the document?
8 A. Yes.
9 Q. The first page?
10 A. Yeah.
11 Q. And was that drawing done by Mr. Rogalle
12 after you collected turning movement counts?
13 A. Correct.
14 Q. Again, you collected those turn movement
15 counts on May 23, 2012, correct?
16 A. Correct.
17 Q. Let's go to the next one. 4H, do you
18 recognize that document?
19 A. I do not. It could be in the file, but
20 I don't know what it is.
21 Q. Let me have that, please. Exhibit 5A,
22 do you recognize that document?
23 A. Yes.
24 Q. What is that?
25 A. Left-turn phase analysis.
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2 Q. Is that an analysis that is done in
3 relation to the design of the traffic signal?
4 MR. TEIXEIRA: Objection to form. You
5 can answer, if you know.
6 A. It is used to determine whether or not a
7 left-turn phase would be incorporated into a
8 traffic signal.
9 Q. Is left turn arrow another way to refer
10 to left-turn phase?
11 A. Another way, right.
12 .Q. That study was conducted by you?
13 A. Yes. The numbers were plugged into a
14 spreadsheet.
15 Q. By whom?
16 A. Myself.
17 Q. Where did you get the numbers from?
18 A. The numbers that are inputted into a
19 spreadsheet with formulas. It involves accident
20 information, as well as what they call a
21 peak-hour volume, and are just numbers put into a
22 spreadsheet.
23 Q. It says on the first page of that
24 document that it was prepared on March 25, 2016,
25 is that accurate?
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2 MR. TEIXEIRA: Just note my objection as
3 to any post-accident. She can answer.
4 A. The turning movement count, yes, that's
5 correct.
6 Q. It also indicates there that the turning
7 movement count data is the data that you collected
8 on May 23rd of 2012, correct?
9 A. Correct.
10 Q. Can you go to 5B, please. Tell me if
11 you recognize that document.
12 A. Yes. .
13 Q. What is that?
14 A. A left-turn phase analysis.
15 Q. Was that analysis done by you?
16 A. Yes.
17 Q. Did you prepare this report an March 28,
18 2018?
19 MR. TEIXEIRA: Same objection as to
20 post-accident. She can answer.
21 A. It does indicate that.
22 Q. But with respect to this one, it
23 indicates that there was turning count data; the
24 turning count data that's involved in this report
25 was collected on August 29, 2015?
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2 A. Correct.
3 Q. Did you, in fact, go back to the
4 intersection of Depot Lane and County Road 48 on
5 August 29, 2015, after the limousine accident in
6 July of that year?
7 A. If that was the date, yes, correct.
8 Q. Was there a reason why you went there on
9 a Saturday?
10 A. I was asked to conduct this.
11 Q. Did you have any understanding as to why
. 12 you were being asked to do this on a Saturday as
13 opposed to any other day of the week?
14 MR. TEIXEIRA: Note my objection to
15 form. You can answer the question.
16 A. As far as I understood was that the --
17 probably Mr. Dresch had asked me if I could do a
18 Saturday turning movement count to get, once
19 again, a good sampling of motorists and the
20 direction of travel that they were going in.
21 Q. Did you have any understanding at that
22 time as to why a Saturday night in August was
23 selected as a date where a good sampling could be
24 obtained?
25 MR. TEIXEIRA: Objection to the extent
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2 that it asks for the operation of someone
3 else's mind. She can answer the question.
4 A. Well, it wasn't, per se, evening. It
5 says that the peak hours were 2:00 to 3 p.m., and
6 once again, I don't doubt that it was the best
7 time frame to get a good count of vehicles, the
8 direction that they're going, as well as your
9 counting, basically.
10 Q. Why was that a good time to collect that
11 data?
12 MR. TEIXEIRA: Objection to form. You
13 can answer.
14 Q. A good date, rather.
15 MR. TEIXEIRA: Same objection.
16 A. In August people are probably visiting
17 the vineyards at the time. Good weather; it's
18 just a nice time to head out east.
19 Q. Were there particular months of the year
20 where the vehicular traffic in this area was
21 higher than others?
22 MR. TEIXEIRA: Objection to form as to
23 this area. You can answer.
24 A. I myself really don't know the area
25 well. Again, I have to assume that I was sent
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2 there because of that North Fork being so popular
3 with vineyards, and again, being that it was
good -- you good
4 during a know, weather, so...
5 Q. Were the vineyards most popular during
6 the summer months?
7 MR. TEIXEIRA: Note my objection. To
8 the extent that she knows.
9 A. I would imagine yes.
10 MR. TEIXEIRA: Don't imagine.
11 THE WITNESS: True.
12 Q. Did you have any awareness of the
13 vineyards attracting most customers during the
14 summer months?
15 MR. TEIXEIRA: Objection to form. If
16 you know, you can answer.
17 A. Just myself knowing.
18 Q. Just for the record, every question is
19 if you know. Do you understand that?
20 A. Okay.
21 Q. So only answer if you know.
22 A. Okay.
23 MR. CRUZ: So there's no need to keep
24 repeating if you know.
25 Q. Do you have any awareness that during
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2 the summer months, the vineyards attracted more
3 people than at any other time of year?
4 A. Yes.
5 Q. Did you have an awareness that, let's
6 say, during the ten-year time period before the
7 limousine accident of July 18, 2015, that the
8 volume of traffic on the east end had increased,
9 generally?
10 MR. TEIXEIRA: Note my objection to
11 form.
12 A. I would have no knowledge of that.
13 Q. Was there a reason why you did your turn
14 movement count analysis originally on May 23rd of
15 2012?
16 MR. TEIXEIRA: You're asking why that
17 specific date was selected?
18 MR. CRUZ: I think my question is pretty
19 clear.
20 MR. TEIXEIRA: Maybe I didn't interpret
21 it correctly. You could answer.
22 A. Please ask it again.
23 Q. Was there a reason why you conducted a
24 turn movement count volume count on a Wednesday,
25 on May 23rd ·of 2012?
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2 A. I would imagine --
3 Q. I don't want to know what you're
4 imagining. I only want to know what you know.
5 A. Okay.
6 MR. TEIXEIRA: Only what you know.
7 A. You usually do turning movement counts
8 on a Tuesday, Wednesday, or Thursday, I was able
9 to do it that day.
10 Q. Was there any reason why May was
11 selected to do that count?
12 A. I don't recall that I was sent out
13 specifically for that.
14 Q. I'm referring, now, to Exhibit 5A. Can
15 you tell by looking at that exhibit what time the
16 count or the counts were done? Can you just look
17 at page one of that exhibit, please, while you're
Preview
FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 "5" EXHIBIT (PART 2 OF 2) FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 70 1 P. Ralph 2 A. Correct. 3 MR. TEIXEIRA: Yes. 4 Q. Does that refresh your recollection as 5 to which data collection or studies that you 6 performed -- that you decided to perform in 7 relation to this particular study? 8 MR. TEIXEIRA: Objection to form. You 9 can answer. 10 A. No. 11 Q. Can you tell by looking at that list 12 which ones Mr. Rogalle decided needed to be done? 13 A. I cannot determine that, no. 14 Q. Can you tell by looking at that 15 document, or from your recollection, whether or 16 not Mr. Dresch decided upon any of the data 17 collection or studies that were done in relation 18 to this case? 19 A. I cannot. 20 Q. Do you have any recollection? 21 A. I do not. 22 Q. The data collection and the surveys and 23 analyses that are listed on page two of Exhibit 24 3A, did you perform all of those? 25 A. No. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 71 1 P. Ralph 2 Q. Which ones were not performed by you? 3 A. For lack of having the actual study, 4 which would indicate my name on them, but some of 5 these are done by a machine. 6 Q. Which ones? 7 A. 24/7 traffic volume counts. 8 Q. Did you set up those machines? 9 A. It could have been me on Depot Lane, 10 maybe two of us. 11 Q. You have no recollection of that? 12 A. And the .24/7 along County Road 48 is 13 done by an outside firm, as far as I know. 14 Q. What outside firm? 15 A. I don't know. I'm not sure. 16 Q. Other than those two studies that you 17 just mentioned, did you complete and conduct all 18 of the others? 19 A. Again, I don't have the paperwork to see 20 if my name was on them. Recollection, I believe 21 so. Probably not the effects of right turn 22 vehicles, I don't believe I did that. 23 Q. Where is that? 24 MR. TEIXEIRA: The end of page two. The -- page 25 A. last on two. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 72 1 P. Ralph 2 Q. Any others? 3 A. I believe I did the others, but once 4 again, the caveat is I don't have it in front of 5 me with my name on it. 6 Q. I'm going to show you what was Plaintiffs' 7 previously marked as Exhibits 4A, B, 8 C, D, E, G, H, 5A, 5B; I'm going to ask you to 9 take a look at those. Just look at them quick 10 and then I'll ask you about each one. 11 A. Okay. 12 Q. Are all of those exhibits documents 13 reflecting the data collection and analysis that 14 was done by you in relation to County Road 48 and 15 Depot Lane? 16 A. Some are, some are not. 17 Q. Can you please tell me which ones are 18 not? 19 MR. STEIGERWALD: Are not done by her? 20 MR. CRUZ: Correct. 21 A. The exhibits that indicate date prepared 22 and by, PGR is not me. 23 Q. Who is that? 24 A. Mr. Rogalle. 25 Q. So that would be -- can you just call 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 73 1 P. Ralph 2 out the names of the exhibits? 3 A. 4A -- 4 MR. TEIXEIRA: 4A; only not you. 5 A. -- 4D is New York State. 4B, 4C; by 6 Q. Just call out the numbers of the -- 7 exhibits 8 MR. TEIXEIRA: That are not you. -- were not done you or 9 Q. that by analyses 10 not done by you. 11 THE WITNESS: This is not, I put down 12 the counters. 13 MR. TEIXEIRA: If you're not sure, 14 you're not sure. He only wants to know what 15 was not done by you. 16 A. 4E, 4H. That's it. 17 Q. So what does that leave us; which ones 18 were done by you? 19 A. 5A. 20 MR. TEIXEIRA: This was done by you? 21 THE WITNESS: No. 22 MR. TEIXEIRA: Let's go off for a 23 second. 24 MR. CRUZ: Go off. 25 (Whereupon, a discussion was held off 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 74 1 P. Ralph 2 the record.) 3 Q. Start with 4A. Have you had an 4 opportunity to look at exhibit 4A? 5 A. Yes. 6 Q. What exactly is that document? 7 A. Traffic signal warrant analysis with one 8 hundred percent approach. 9 Q. Does it have a date that that analysis 10 was done? 11 A. 12/32/013. .12 Q. Who was the author of that analysis? 13 A. Initials are PGR, which is Paul Rogalle. 14 Q. Did you take any part in that analysis? 15 MR. TEIXEIRA: Objection to form. You 16 can answer, if you know. 17 A. I don't believe so. 18 Q. Did you collect any of the data that was 19 utilized for the analysis that is the exhibit 20 marked 4A? 21 A. I need to see the date. I'm not sure. 22 I'm not sure because of the count dates. I don't 23 recall because it's 2012, and 2013. I don't 24 know. 25 Q. The next one, 4B, what exactly is that? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 75 1 P. Ralph 2 MR. TEIXEIRA: Objection to form. You 3 can answer. 4 A. Traffic signal warrant analysis. 5 Q. Can you tell me what date it was 6 prepared? 7 A. This indicates an eighty percent 8 approach volume, dated 12/10/2013, initials PGR, 9 which is Mr. Rogalle. 10 Q. Did you conduct any part of that 11 analysis? 12 A. I don't believe so, but once again, the 13 count dates are in 2012 and 2013; I don't recall. 14 Q. Did you collect of the data -- any 15 A. The data, I'm sorry. The analysis, I 16 don't believe so; the data, I cannot say. 17 Q. Let's go to the next one. 4C, what 18 exactly is that? 19 A. Traffic signal warrant analysis, sixty 20 percent approach volume, date is 12/3/2013, 21 initials PGR, which, once again, is Mr. Rogalle. 22 Q. So that document was prepared by 23 Mr. Rogalle? 24 A. Correct. 25 Q. That analysis was done by him? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 76 1 P. Ralph 2 A. Correct. 3 Q. Did you collect any of the data that's 4 reflected in that document? 5 A. Once again, because of the count dates 6 being indicated as 2012 and 2013, I'm not sure. 7 Q. 4D, what exactly is that document? 8 MR. TEIXEIRA: Same objection, just to 9 form. 10 A. These are volume counts. The first one 11 is by New York State DOT, dated August of 2012. 12 Also, there are volume counts of Depot Lane, the 13 south leg. 14 Q. Just generally speaking, what is that 15 document? 16 A. Volume counts. 17 Q. Did you prepare that document? 18 A. The initials are PGR. 19 Q. Which is Mr. Rogalle? 20 A. Correct. 21 Q. Did you collect any of the data that's 22 reflected in the document? 23 A. I believe I put down the counters on 24 both legs of Depot Road, so it's just a matter of 25 me putting the counters out on the roadway. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 77 1 P. Ralph 2 Q. Just in effort to move it along, I'm 3 going to cut you off, sorry. 4 What's the next exhibit? 5 A. 4E. 6 Q. 4E, do you recognize that document? 7 A. This was before my start date. 8 MR. TEIXEIRA: So no? 9 THE WITNESS: No. 10 Q. 4F -- 11 A. Is -- -- recognize that document? 12 Q. do you 13 A. I do. 14 Q. What is it? 15 A. Spot speed or radar that was conducted 16 on Depot Lane. 17 Q. Was that study conducted by you? 18 A. It was. 19 Q. What date was that done? 20 A. April 2012. 21 Q. Go to the next exhibit, which is 4G, 22 please. Do you recognize that document? 23 A. Yes. 24 Q. What exactly is that? 25 A. Turning movement count that was 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 78 1 P. Ralph 2 conducted in of 2012 but the -- May by myself, 3 Q. The diagram, the drawing? 4 A. Thank you. The diagram was done by 5 Mr. Rogalle. 6 Q. Was that drawing, that's on page one, 7 correct, of the document? 8 A. Yes. 9 Q. The first page? 10 A. Yeah. 11 Q. And was that drawing done by Mr. Rogalle 12 after you collected turning movement counts? 13 A. Correct. 14 Q. Again, you collected those turn movement 15 counts on May 23, 2012, correct? 16 A. Correct. 17 Q. Let's go to the next one. 4H, do you 18 recognize that document? 19 A. I do not. It could be in the file, but 20 I don't know what it is. 21 Q. Let me have that, please. Exhibit 5A, 22 do you recognize that document? 23 A. Yes. 24 Q. What is that? 25 A. Left-turn phase analysis. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 79 1 P. Ralph 2 Q. Is that an analysis that is done in 3 relation to the design of the traffic signal? 4 MR. TEIXEIRA: Objection to form. You 5 can answer, if you know. 6 A. It is used to determine whether or not a 7 left-turn phase would be incorporated into a 8 traffic signal. 9 Q. Is left turn arrow another way to refer 10 to left-turn phase? 11 A. Another way, right. 12 .Q. That study was conducted by you? 13 A. Yes. The numbers were plugged into a 14 spreadsheet. 15 Q. By whom? 16 A. Myself. 17 Q. Where did you get the numbers from? 18 A. The numbers that are inputted into a 19 spreadsheet with formulas. It involves accident 20 information, as well as what they call a 21 peak-hour volume, and are just numbers put into a 22 spreadsheet. 23 Q. It says on the first page of that 24 document that it was prepared on March 25, 2016, 25 is that accurate? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 80 1 P. Ralph 2 MR. TEIXEIRA: Just note my objection as 3 to any post-accident. She can answer. 4 A. The turning movement count, yes, that's 5 correct. 6 Q. It also indicates there that the turning 7 movement count data is the data that you collected 8 on May 23rd of 2012, correct? 9 A. Correct. 10 Q. Can you go to 5B, please. Tell me if 11 you recognize that document. 12 A. Yes. . 13 Q. What is that? 14 A. A left-turn phase analysis. 15 Q. Was that analysis done by you? 16 A. Yes. 17 Q. Did you prepare this report an March 28, 18 2018? 19 MR. TEIXEIRA: Same objection as to 20 post-accident. She can answer. 21 A. It does indicate that. 22 Q. But with respect to this one, it 23 indicates that there was turning count data; the 24 turning count data that's involved in this report 25 was collected on August 29, 2015? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 81 1 P. Ralph 2 A. Correct. 3 Q. Did you, in fact, go back to the 4 intersection of Depot Lane and County Road 48 on 5 August 29, 2015, after the limousine accident in 6 July of that year? 7 A. If that was the date, yes, correct. 8 Q. Was there a reason why you went there on 9 a Saturday? 10 A. I was asked to conduct this. 11 Q. Did you have any understanding as to why . 12 you were being asked to do this on a Saturday as 13 opposed to any other day of the week? 14 MR. TEIXEIRA: Note my objection to 15 form. You can answer the question. 16 A. As far as I understood was that the -- 17 probably Mr. Dresch had asked me if I could do a 18 Saturday turning movement count to get, once 19 again, a good sampling of motorists and the 20 direction of travel that they were going in. 21 Q. Did you have any understanding at that 22 time as to why a Saturday night in August was 23 selected as a date where a good sampling could be 24 obtained? 25 MR. TEIXEIRA: Objection to the extent 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 82 1 P. Ralph 2 that it asks for the operation of someone 3 else's mind. She can answer the question. 4 A. Well, it wasn't, per se, evening. It 5 says that the peak hours were 2:00 to 3 p.m., and 6 once again, I don't doubt that it was the best 7 time frame to get a good count of vehicles, the 8 direction that they're going, as well as your 9 counting, basically. 10 Q. Why was that a good time to collect that 11 data? 12 MR. TEIXEIRA: Objection to form. You 13 can answer. 14 Q. A good date, rather. 15 MR. TEIXEIRA: Same objection. 16 A. In August people are probably visiting 17 the vineyards at the time. Good weather; it's 18 just a nice time to head out east. 19 Q. Were there particular months of the year 20 where the vehicular traffic in this area was 21 higher than others? 22 MR. TEIXEIRA: Objection to form as to 23 this area. You can answer. 24 A. I myself really don't know the area 25 well. Again, I have to assume that I was sent 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 83 1 P. Ralph 2 there because of that North Fork being so popular 3 with vineyards, and again, being that it was good -- you good 4 during a know, weather, so... 5 Q. Were the vineyards most popular during 6 the summer months? 7 MR. TEIXEIRA: Note my objection. To 8 the extent that she knows. 9 A. I would imagine yes. 10 MR. TEIXEIRA: Don't imagine. 11 THE WITNESS: True. 12 Q. Did you have any awareness of the 13 vineyards attracting most customers during the 14 summer months? 15 MR. TEIXEIRA: Objection to form. If 16 you know, you can answer. 17 A. Just myself knowing. 18 Q. Just for the record, every question is 19 if you know. Do you understand that? 20 A. Okay. 21 Q. So only answer if you know. 22 A. Okay. 23 MR. CRUZ: So there's no need to keep 24 repeating if you know. 25 Q. Do you have any awareness that during 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 84 1 P. Ralph 2 the summer months, the vineyards attracted more 3 people than at any other time of year? 4 A. Yes. 5 Q. Did you have an awareness that, let's 6 say, during the ten-year time period before the 7 limousine accident of July 18, 2015, that the 8 volume of traffic on the east end had increased, 9 generally? 10 MR. TEIXEIRA: Note my objection to 11 form. 12 A. I would have no knowledge of that. 13 Q. Was there a reason why you did your turn 14 movement count analysis originally on May 23rd of 15 2012? 16 MR. TEIXEIRA: You're asking why that 17 specific date was selected? 18 MR. CRUZ: I think my question is pretty 19 clear. 20 MR. TEIXEIRA: Maybe I didn't interpret 21 it correctly. You could answer. 22 A. Please ask it again. 23 Q. Was there a reason why you conducted a 24 turn movement count volume count on a Wednesday, 25 on May 23rd ·of 2012? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 11/22/2022 08:09 AM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1142 RECEIVED NYSCEF: 11/22/2022 85 1 P. Ralph 2 A. I would imagine -- 3 Q. I don't want to know what you're 4 imagining. I only want to know what you know. 5 A. Okay. 6 MR. TEIXEIRA: Only what you know. 7 A. You usually do turning movement counts 8 on a Tuesday, Wednesday, or Thursday, I was able 9 to do it that day. 10 Q. Was there any reason why May was 11 selected to do that count? 12 A. I don't recall that I was sent out 13 specifically for that. 14 Q. I'm referring, now, to Exhibit 5A. Can 15 you tell by looking at that exhibit what time the 16 count or the counts were done? Can you just look 17 at page one of that exhibit, please, while you're