Preview
FILED: JEFFERSON COUNTY CLERK 05/28/2021 10:40 AM INDEX NO. EF2018-00001369
NYSCEF
4YSCEF DOC.
DOC. NO.
NO. 132
105 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/03/202(
05/28/2021
STATE OF NEW YORK
SUPREME COURT COUNTY OF JEFFERSON
_______________________....______________-___...._____.
KENNETH MILLER,
DEFENDANTS ERIC AND
GRETCHEN BEVARD
Plaintiff, EXPERT WITNESS
DISCLOSURE
v.
Index No. EF2018-00001369
ERIC BEVARD, GRETCHEN BEVARD, and
DAVID STROTHERS, Hon. James P. McClusky, JSC
Defendants.
______--------______-----__--___
Defendants Eric and Gretchen BeVard, by and through their attorneys, Melvin & Melvin,
PLLC, as and for their disclosure of expert witnesses, states as follows:
Defendants Eric and Gretchen BeVard expect Thomas M. Storino, P.L.S., to testify as an
expert witness at trial.
Mr. Storino is licensed Professional Land Surveyor and an owner of Storino Geomatics,
PLLC, a professional surveying, mapping and geospatial firm headquartered in Watertown, New
York. Mr. Storino has been a NYS Licensed Surveyor since 1993 and prior thereto worked for
over twenty years in surveying and related activities. For details regarding Mr. Storino's
education and work experience, please refer to Mr. Storino's curriculum vitae attached hereto as
Exhibit A.
The subject matter of Mr. Storino's testimony will include the applicable laws,
regulations and requirements of New York State with respect to conducting a survey of a parcel
of land, the methods he used in surveying property owned by Eric and Gretchen BeVard located
on Storrs Road in the Town of Hounsfield, Jefferson County, New York ("BeVard Property")
and neighboring properties owned by David Strothers and Kenneth Miller, his own observations
FILED: JEFFERSON COUNTY CLERK 05/28/2021 10:40 AM INDEX NO. EF2018-00001369
NYSCEF
YSCEF DOC.
DOC. NO.
NO. 132
105 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 05/28/2021
09/03/202(
Strothers'
of the BeVard, Miller and properties, his review of the relevant deeds, abstracts and
Strothers'
survey maps of the BeVard, Miller ,and properties, and the termination of the
recreation easement and the 10 foot corridor as alleged in the Amended Complaint.
The substance of the facts and opinions upon which Mr. Storino is expected to testify
includes the following: his background, education, training and professional experience as set
forth herein; the contents of the 1984, 1991, 1996, 2009, 2014, 2015 and 2019 deeds (described
more fully below); the contents of the Brownell Abstract Corporation Abstracts dated June 27,
1996, July 10, 2009, September 4, 2009 and the Chicago Title Insurance Service Compairy, LLC
Abstract dated January 27, 2020; his review of tax maps and survey maps of the BeVard, Miller
Strothers'
and properties; all references made with respect to the BeVard property as per the
Jefferson County Real Property Assessment Office; all references made to rights-of-way
contained in the deeds and/or abstracts as set forth above; all references to easements made in the
deeds and/or abstracts as set forth above; his sites visits to the BeVard parcel; and the methods
he employed to survey that BeVard parcel. Mr. Storino is expected to testify that the Survey of
Proposed Lots of Lands of Edith R. Abbey Roeschlaub revised in August 1996 does not depict
area"
the "recreation Additionally, it is expected that Mr. Storino will testify that the same
August 1996 survey does not depict the 10-foot-wide access corridor from the Miller property
over the BeVard property and down to the shore. Mr. Storino is expected to testify that it is his
opinion based upon his review of the above and below named documents and materials that the
recreation area and 10-foot-wide access corridor depicted in the Survey of Proposed Lots of
Lands of Edith R. Abbey dated September 30, 1984 were terminated as of September 20, 1996
and therefore no longer exist and that there are also no rights under the deeds in any successors
to Edith R. Abbey/Edith R. Abbey Roeschlaub to construct or maintain a waterline, pump, dock
FILED: JEFFERSON COUNTY CLERK 05/28/2021 10:40 AM INDEX NO. EF2018-00001369
4YSCEF DOC.
NYSCEF DOC. NO.
NO. 132
105 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/03/202C
05/28/2021
or stairs on the BeVard property. He is further expected to testify concerning his survey dated
May 19, 2020 showing that the above referenced recreation area and the 10-foot-wide access
corridor no longer exists.
Mr. Storino's opinions are expected to be based upon, inter alia:
(i) Mr. Storino's knowledge, education, training, experience, and expertise, including but
not limited to his knowledge of applicable New York State laws and regulations concerning
of real and the requirements with respect to easements and rights-
surveying property recording
of-way; and
(ii) Mr. Storino's review of several deeds affected by the alleged easement at issue
including:
a. Deed from Edith R. Abbey Roeschlaub to Mervin and Barbara Miller on
November 5, 1984;
b. Deed from Kenneth Miller as Administrator of Estate of Mervin H. Miller to
Kenneth Miller on February 18, 2014;
c. Deed from Charles Roeschlaub as Successor Trustee for Edith J. Roeschlaub
Trust to Charles Peter Hunkele, Jr. on August 20, 2009;
d. Deed from Charles Peter Hunkele to Eric and Gretchen BeVard on December
6, 2019;
e. Deed from Edith J. Roeschlaub, as trustee for Edith J. Roeschlaub Trust to
Bernard L. Harvey and Michele A. Harvey on September 20, 1996;
f. Deed from Mary Jane Harvey and Bernard L. Harvey to David Strothers on
June 11, 2015; and
g. Deed from Edith J. Roeschlaub to Edith J. Roeschlaub, as trustee for Edith J.
Roeschlaub Trust, dated August 30, 1991.
(iii) Surveys dated September 30, 1984, August 1996, and May 19, 2020.
(iv) Mr. Storino's review of Abstracts relating to the properties at issue including:
a. Brownell Abstract Corporation dated June 27, 1996;
3
FILED: JEFFERSON COUNTY CLERK 05/28/2021 10:40 AM INDEX NO. EF2018-00001369
SYSCEF DOC.
NYSCEF DOC. NO. 105
NO. 132 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/03/202(
05/28/2021
b. Brownell Abstract Corporation No. 94630 dated July 10, 2009;
c. Brownell Abstract Corporation No. 94822 dated September 4, 2009; and
d. Chicago Title Insurance Company, LLC, No. 2017-0461SCH dated January 27,
2020; and
(v) Mr. Storino's personal visitation, inspection, and survey of the BeVard parcel,
together with all evidence to be submitted and admitted at the trial of the action.
Mr. Storino specifically reserves the right to consider and comment on any additional
information supplied to him prior to his testimony at trial. It is anticipated that he will comment
on, rebut or otherwise respond to trial testimony offered by plaintiff's witnesses, including
plaintiff's experts, if any, to the extent that their testimony is within Mr. Storino's expertise
based upon his knowledge, education and training.
Defendants Eric and Gretchen BeVard reserve the right to amend or supplement this
response at any reasonable time before trial, pursuant to Court order, and/or as set forth
hereinabove.
Date: September 3, 2020
M IN & MELVIN, PLLC
d
By: Roger W. radley
Attorneys for Defendants
Eric and Gretchen BeVard
Office and P.O. Address
217 South Salina Street
Syracuse, New York 13202
Tel.: (315) 422-1311
TO: Thomas P. Givas, Esq.
Pappas, Cox, Kimpel, Dodd & Levine, P.C.
Attorneys for Plaintiff Kenneth Miller
614 James Street
Syracuse, New York 13203
Tel.: (315) 472-4481
4
FILED: JEFFERSON COUNTY CLERK 05/28/2021 10:40 AM INDEX NO. EF2018-00001369
NYSCEF
4YSCEF DOC.
DOC. NO.
NO. 132
105 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 09/03/202C
05/28/2021
Robert J. Slye, Esq.
Slye Law Offices P.C.
Attorneys for Defendant David Strothers
104 Washington Street
Watertown, New York 13601
Tel.: (315) 786-0266
5
FILED: JEFFERSON COUNTY CLERK 05/28/2021 10:40 AM INDEX NO. EF2018-00001369
NYSCEF
Y S CE F DOC.
DOC . NO.
NO. 132
106 RE C E I VE D NYSCEF:
RECEIVED 09/03/202(
NY S CE F: 05/28/2021
EXHIBIT A
FILED: JEFFERSON COUNTY CLERK 05/28/2021 10:40 AM INDEX NO. EF2018-00001369
4YSCEF DOC.
NYSCEF DOC. NO.
NO. 132
106 RECEIVED
RECEIVED NYSCEF: 05/28/2021
NYSCEF: 09/03/202(
THOMAS M. STORINO, PLS
Tom has over 49 years of land surveying experience, starting his career in land surveying as a student at the
State University of New York College of Environmental Science & Forestry Ranger School in 1970. He worked a
brief time starting in September, 1971, for Lafave & Huntley Land Surveying, Theresa, New York.
He then began a long career for the City of Watertown, New York starting in January, 1972. Tom worked as a
land surveyor/eñgiñêêr in the City Engineering Department holding every available tested position, namely
Engineering Technician, Senior Engineering Technician, Junior Engineer, Assistant Engineer, Senior Engineer, and
Civil Eñgiñêêr li. Over the span of his career, work included everything starting with entry-level technician work,
later as the head of the City Eag:ñêêring Capitol Projects Division, he was responsible for and oversaw two
independent survey/design team units tasked with the addressing of identified annual capital projects involving
complete street and/or parking lot construction/reconstructions, from initial planning and field work through
completed biddable plans and specification documents. Tom and his design teams also i.Gmp!ê‡ed the same
type of work for all in-house projects for the City's Dept. of Public Works as well. He obtained his NYS Land
Surveyors License on February 11, 1993. On November 13, 1994, he was appointed the City Land Surveyor, a
position he held until his retirement on June 30, 2009, after over 37 years of service.
Eventually as the City Surveyor, Tom was responsible for performing all aspects of property line land surveying
activities as required by departments of the City of Watertown, including Assessment, Managers, Code
Enfarcerñeñt, Corporation Counsel, Engineering, Planning, Police, Public Works, and the Water Dept. During this
period, Tom also gave expert witness court testimony as required bythe City Corporation Counsel. Tom
reviewed all surveying submittals completed for the City, until city standards were met. This included all City
Planning Board surveying submittals as well. As the current contracted service provider for the City of
Watertown, Tom continues to provide this professional work for the City as Storino Gonmatics, PLLC, he
currently utilizes these same skills in private practice as well.
Concurrently, early in his career, Tom also worked part-time (evenings and weekends) for a private land
surveying firm from August 1975 thru September 1986, during which Tom worked on numerous large acreage
farmland and woodland boundary surveys, as well as waterfront jobs on Lake Ontario, the St. Lawrence River,
the Black River and a plethora of inland streams, lakes, and waterways. This type of work presently continues
year round, sometimes in spite of significant ground snow cover, as Tom personally spends time in the field (and
office) on every job regardless of size.
Tom currently serves as Principal Managing Partner for Storino Geomatics, PLLC, specializing in client relations
and management/supervision of the project teams.
EDUCATION AFFILIATIONS
• State University of New York College of Environmental • New York State Association of
Science & Forestry Ranger School -1970 Professional Land Surveyors Member
• Black River Valley Association of
Professional Land Surveyors Member
• NSPS Member - National Society of
CERTIFICATIONS
Professional Surveyors
• PLS - NEW YORK STATE LICENSE # 50035,
Registration # 8385032 Current thru: 11/30/2021
• FAA UAS Remote Pilot # 4145903
• 40-hour OSHA HAZWOPER Course
• First Aid / CPR / AED: 8/2017 - 8/2019
Preview
FILED: JEFFERSON COUNTY CLERK 05/28/2021 10:40 AM INDEX NO. EF2018-00001369 NYSCEF 4YSCEF DOC. DOC. NO. NO. 132 105 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/03/202( 05/28/2021 STATE OF NEW YORK SUPREME COURT COUNTY OF JEFFERSON _______________________....______________-___...._____. KENNETH MILLER, DEFENDANTS ERIC AND GRETCHEN BEVARD Plaintiff, EXPERT WITNESS DISCLOSURE v. Index No. EF2018-00001369 ERIC BEVARD, GRETCHEN BEVARD, and DAVID STROTHERS, Hon. James P. McClusky, JSC Defendants. ______--------______-----__--___ Defendants Eric and Gretchen BeVard, by and through their attorneys, Melvin & Melvin, PLLC, as and for their disclosure of expert witnesses, states as follows: Defendants Eric and Gretchen BeVard expect Thomas M. Storino, P.L.S., to testify as an expert witness at trial. Mr. Storino is licensed Professional Land Surveyor and an owner of Storino Geomatics, PLLC, a professional surveying, mapping and geospatial firm headquartered in Watertown, New York. Mr. Storino has been a NYS Licensed Surveyor since 1993 and prior thereto worked for over twenty years in surveying and related activities. For details regarding Mr. Storino's education and work experience, please refer to Mr. Storino's curriculum vitae attached hereto as Exhibit A. The subject matter of Mr. Storino's testimony will include the applicable laws, regulations and requirements of New York State with respect to conducting a survey of a parcel of land, the methods he used in surveying property owned by Eric and Gretchen BeVard located on Storrs Road in the Town of Hounsfield, Jefferson County, New York ("BeVard Property") and neighboring properties owned by David Strothers and Kenneth Miller, his own observations FILED: JEFFERSON COUNTY CLERK 05/28/2021 10:40 AM INDEX NO. EF2018-00001369 NYSCEF YSCEF DOC. DOC. NO. NO. 132 105 RECEIVED RECEIVED NYSCEF: NYSCEF: 05/28/2021 09/03/202( Strothers' of the BeVard, Miller and properties, his review of the relevant deeds, abstracts and Strothers' survey maps of the BeVard, Miller ,and properties, and the termination of the recreation easement and the 10 foot corridor as alleged in the Amended Complaint. The substance of the facts and opinions upon which Mr. Storino is expected to testify includes the following: his background, education, training and professional experience as set forth herein; the contents of the 1984, 1991, 1996, 2009, 2014, 2015 and 2019 deeds (described more fully below); the contents of the Brownell Abstract Corporation Abstracts dated June 27, 1996, July 10, 2009, September 4, 2009 and the Chicago Title Insurance Service Compairy, LLC Abstract dated January 27, 2020; his review of tax maps and survey maps of the BeVard, Miller Strothers' and properties; all references made with respect to the BeVard property as per the Jefferson County Real Property Assessment Office; all references made to rights-of-way contained in the deeds and/or abstracts as set forth above; all references to easements made in the deeds and/or abstracts as set forth above; his sites visits to the BeVard parcel; and the methods he employed to survey that BeVard parcel. Mr. Storino is expected to testify that the Survey of Proposed Lots of Lands of Edith R. Abbey Roeschlaub revised in August 1996 does not depict area" the "recreation Additionally, it is expected that Mr. Storino will testify that the same August 1996 survey does not depict the 10-foot-wide access corridor from the Miller property over the BeVard property and down to the shore. Mr. Storino is expected to testify that it is his opinion based upon his review of the above and below named documents and materials that the recreation area and 10-foot-wide access corridor depicted in the Survey of Proposed Lots of Lands of Edith R. Abbey dated September 30, 1984 were terminated as of September 20, 1996 and therefore no longer exist and that there are also no rights under the deeds in any successors to Edith R. Abbey/Edith R. Abbey Roeschlaub to construct or maintain a waterline, pump, dock FILED: JEFFERSON COUNTY CLERK 05/28/2021 10:40 AM INDEX NO. EF2018-00001369 4YSCEF DOC. NYSCEF DOC. NO. NO. 132 105 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/03/202C 05/28/2021 or stairs on the BeVard property. He is further expected to testify concerning his survey dated May 19, 2020 showing that the above referenced recreation area and the 10-foot-wide access corridor no longer exists. Mr. Storino's opinions are expected to be based upon, inter alia: (i) Mr. Storino's knowledge, education, training, experience, and expertise, including but not limited to his knowledge of applicable New York State laws and regulations concerning of real and the requirements with respect to easements and rights- surveying property recording of-way; and (ii) Mr. Storino's review of several deeds affected by the alleged easement at issue including: a. Deed from Edith R. Abbey Roeschlaub to Mervin and Barbara Miller on November 5, 1984; b. Deed from Kenneth Miller as Administrator of Estate of Mervin H. Miller to Kenneth Miller on February 18, 2014; c. Deed from Charles Roeschlaub as Successor Trustee for Edith J. Roeschlaub Trust to Charles Peter Hunkele, Jr. on August 20, 2009; d. Deed from Charles Peter Hunkele to Eric and Gretchen BeVard on December 6, 2019; e. Deed from Edith J. Roeschlaub, as trustee for Edith J. Roeschlaub Trust to Bernard L. Harvey and Michele A. Harvey on September 20, 1996; f. Deed from Mary Jane Harvey and Bernard L. Harvey to David Strothers on June 11, 2015; and g. Deed from Edith J. Roeschlaub to Edith J. Roeschlaub, as trustee for Edith J. Roeschlaub Trust, dated August 30, 1991. (iii) Surveys dated September 30, 1984, August 1996, and May 19, 2020. (iv) Mr. Storino's review of Abstracts relating to the properties at issue including: a. Brownell Abstract Corporation dated June 27, 1996; 3 FILED: JEFFERSON COUNTY CLERK 05/28/2021 10:40 AM INDEX NO. EF2018-00001369 SYSCEF DOC. NYSCEF DOC. NO. 105 NO. 132 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/03/202( 05/28/2021 b. Brownell Abstract Corporation No. 94630 dated July 10, 2009; c. Brownell Abstract Corporation No. 94822 dated September 4, 2009; and d. Chicago Title Insurance Company, LLC, No. 2017-0461SCH dated January 27, 2020; and (v) Mr. Storino's personal visitation, inspection, and survey of the BeVard parcel, together with all evidence to be submitted and admitted at the trial of the action. Mr. Storino specifically reserves the right to consider and comment on any additional information supplied to him prior to his testimony at trial. It is anticipated that he will comment on, rebut or otherwise respond to trial testimony offered by plaintiff's witnesses, including plaintiff's experts, if any, to the extent that their testimony is within Mr. Storino's expertise based upon his knowledge, education and training. Defendants Eric and Gretchen BeVard reserve the right to amend or supplement this response at any reasonable time before trial, pursuant to Court order, and/or as set forth hereinabove. Date: September 3, 2020 M IN & MELVIN, PLLC d By: Roger W. radley Attorneys for Defendants Eric and Gretchen BeVard Office and P.O. Address 217 South Salina Street Syracuse, New York 13202 Tel.: (315) 422-1311 TO: Thomas P. Givas, Esq. Pappas, Cox, Kimpel, Dodd & Levine, P.C. Attorneys for Plaintiff Kenneth Miller 614 James Street Syracuse, New York 13203 Tel.: (315) 472-4481 4 FILED: JEFFERSON COUNTY CLERK 05/28/2021 10:40 AM INDEX NO. EF2018-00001369 NYSCEF 4YSCEF DOC. DOC. NO. NO. 132 105 RECEIVED RECEIVED NYSCEF: NYSCEF: 09/03/202C 05/28/2021 Robert J. Slye, Esq. Slye Law Offices P.C. Attorneys for Defendant David Strothers 104 Washington Street Watertown, New York 13601 Tel.: (315) 786-0266 5 FILED: JEFFERSON COUNTY CLERK 05/28/2021 10:40 AM INDEX NO. EF2018-00001369 NYSCEF Y S CE F DOC. DOC . NO. NO. 132 106 RE C E I VE D NYSCEF: RECEIVED 09/03/202( NY S CE F: 05/28/2021 EXHIBIT A FILED: JEFFERSON COUNTY CLERK 05/28/2021 10:40 AM INDEX NO. EF2018-00001369 4YSCEF DOC. NYSCEF DOC. NO. NO. 132 106 RECEIVED RECEIVED NYSCEF: 05/28/2021 NYSCEF: 09/03/202( THOMAS M. STORINO, PLS Tom has over 49 years of land surveying experience, starting his career in land surveying as a student at the State University of New York College of Environmental Science & Forestry Ranger School in 1970. He worked a brief time starting in September, 1971, for Lafave & Huntley Land Surveying, Theresa, New York. He then began a long career for the City of Watertown, New York starting in January, 1972. Tom worked as a land surveyor/eñgiñêêr in the City Engineering Department holding every available tested position, namely Engineering Technician, Senior Engineering Technician, Junior Engineer, Assistant Engineer, Senior Engineer, and Civil Eñgiñêêr li. Over the span of his career, work included everything starting with entry-level technician work, later as the head of the City Eag:ñêêring Capitol Projects Division, he was responsible for and oversaw two independent survey/design team units tasked with the addressing of identified annual capital projects involving complete street and/or parking lot construction/reconstructions, from initial planning and field work through completed biddable plans and specification documents. Tom and his design teams also i.Gmp!ê‡ed the same type of work for all in-house projects for the City's Dept. of Public Works as well. He obtained his NYS Land Surveyors License on February 11, 1993. On November 13, 1994, he was appointed the City Land Surveyor, a position he held until his retirement on June 30, 2009, after over 37 years of service. Eventually as the City Surveyor, Tom was responsible for performing all aspects of property line land surveying activities as required by departments of the City of Watertown, including Assessment, Managers, Code Enfarcerñeñt, Corporation Counsel, Engineering, Planning, Police, Public Works, and the Water Dept. During this period, Tom also gave expert witness court testimony as required bythe City Corporation Counsel. Tom reviewed all surveying submittals completed for the City, until city standards were met. This included all City Planning Board surveying submittals as well. As the current contracted service provider for the City of Watertown, Tom continues to provide this professional work for the City as Storino Gonmatics, PLLC, he currently utilizes these same skills in private practice as well. Concurrently, early in his career, Tom also worked part-time (evenings and weekends) for a private land surveying firm from August 1975 thru September 1986, during which Tom worked on numerous large acreage farmland and woodland boundary surveys, as well as waterfront jobs on Lake Ontario, the St. Lawrence River, the Black River and a plethora of inland streams, lakes, and waterways. This type of work presently continues year round, sometimes in spite of significant ground snow cover, as Tom personally spends time in the field (and office) on every job regardless of size. Tom currently serves as Principal Managing Partner for Storino Geomatics, PLLC, specializing in client relations and management/supervision of the project teams. EDUCATION AFFILIATIONS • State University of New York College of Environmental • New York State Association of Science & Forestry Ranger School -1970 Professional Land Surveyors Member • Black River Valley Association of Professional Land Surveyors Member • NSPS Member - National Society of CERTIFICATIONS Professional Surveyors • PLS - NEW YORK STATE LICENSE # 50035, Registration # 8385032 Current thru: 11/30/2021 • FAA UAS Remote Pilot # 4145903 • 40-hour OSHA HAZWOPER Course • First Aid / CPR / AED: 8/2017 - 8/2019