Preview
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1259 RECEIVED NYSCEF: 12/16/2022
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1259 RECEIVED NYSCEF: 12/16/2022
1 A P P E A R A N C E S: (Continued)
SUPREME COURT OF THE STATE OF NEW YORK 2
COUNTY OF SUFFOLK 3 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C.
------------------------------------------------ Attorneys for Plaintiff Steven Baruch A/O/E
SUZANNE SCHULMAN AS ADMINISTRATRIX OF THE ESTATE 4 Lauren Baruch, deceased, and Steven Baruch,
OF BRITTNEY M. SCHULMAN, DECEASED, ALICIA M
individually
ARUNDEL, OLGA LIPETS, MINDY GRABINA A/O/E AMY
GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, STEVEN
5 1140 Franklin Avenue, Suite 200
BARUCH A/O/E LAUREN BARUCH, DECEASED, AND STEVEN Garden City, New York 11530
BARUCH, INDIVIDUALLY, JOELLE DIMONTE, MELISSA A 6
CRAI, ARTHUR A BELLI JR AS PARENT AND NATURAL BY: GONZALO SUAREZ, ESQ.
GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE 7
ADMINISTRATOR OF THE E/O STEPHANIE BELLI, 8
Plaintiffs, 9 PEGALIS LAW GROUP, LLC
-against- Index No.: Attorneys for Plaintiff Joelle DiMonte
611214/15 10 One Hollow Lane, Suite 107
Lake Success, New York 11042
ULTIMATE CLASS LIMOUSINE, INC., CARLOS F PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN D ROMEO,
11
TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BY: GARY NIELSEN, ESQ.
BUILDERS, INC D/B/A ROYALE LIMOUSINE, XYZ 12
COMPANIES 1-5 NAME BEING FICTITIOUS BUT INTENDED 13
TO BE THE REMANUFACTURERS, DISTRIBUTORS, AND/OR 14 JOSEPH J. TOCK, ESQ.
SELLERS OF THE 2007 LINCOLN TOWN CAR STRETCH Attorney for Plaintiff Melissa A. Crai
LIMOUSINE INVOLVED IN THE COLLISION, 15 936 Route 6
Defendants. Mahopac, New York 10541
------------------------------------------------x 16
One CA Plaza
BY: JOSEPH J. TOCK, ESQ.
Islandia, New York
17
July 17, 2019 18
10:16 a.m. 19 BLOCK O'TOOLE & MURPHY, LLP
Attorneys for Arthur A. Belli, Jr. as parent
EXAMINATION BEFORE TRIAL OF COUNTY OF 20 and natural guardian of Stephanie Belli,
SUFFOLK, by DANIEL J. DRESCH, JR., a Defendant deceased, and as the administrator of the
herein, taken by the attorneys for the respective 21 E/O Stephanie Belli
parties, pursuant to Court Order, held at the 1 Penn Plaza, Suite 5315
above time and place before Nichole Bugeja, a 22 New York, New York 10119
Stenotype Reporter and Notary Public within and
23 BY: DANIEL SEIDEN, ESQ.
for the State of New York.
File No. 4044
24
25 (Continued on following page)
1 3
1 APPEARANCES: 1 A P P E A R A N C E S: (Continued)
2 2
3 JOHN L. JULIANO, P.C. 3 BONGIORNO, MONTIGLIO & PALMIERI
Attorney for Plaintiff Suzanne Schulman as Attorneys for Defendants Ultimate Class
4 administratrix of the estate of 4 Limousine, Inc. and Carlos F. Pino
Brittney M. Schulman, deceased 200 Old Country Road, Suite 680
5 39 Doyle Court 5 Mineola, New York 11501
East Northport, New York 11731 6 BY: NEIL PALMIERI, ESQ.
6 7
BY: JOHN L. JULIANO, ESQ. 8
7 9 CASCONE & KLUEPFEL, LLP
8
Attorneys for Defendant
9 THE BONGIORNO LAW FIRM, PLLC 10 Romeo Dimon Marine Service, Inc.
Attorneys for Plaintiff Alicia M. Arundel 1399 Franklin Avenue, Suite 302
10 1415 Kellum Place, Suite 205 11 Garden City, New York 11530
Garden City, New York 11530 12
11 BY: DAVID TAVELLA, ESQ.
File No. 0412DVM
BY: BRANDON CRUZ, ESQ.
12 13
File No.:
6230.PP
13 14
14 15 LEWIS JOHS AVALLONE AVILES, LLP
PARIS & CHAIKIN, PLLC
Attorneys for Plaintiff Olga Lipets Attorneys for Defendant Steven D. Romeo
15 14 Penn Plaza, Suite 2202
16 One CA Plaza, Suite 225
New York, New York 10122 Islandia, New York 11749
16 17
BY: IAN CHAIKIN, ESQ. BY: REBECCA DEVLIN, ESQ.
17 18 File No.:
0114.1460.001C
18 19
19 FRANK J. LAINE, P.C. 20
Attorney for Plaintiff Mindy Grabina A/O/E 21 LAW OFFICES OF THOMAS M. VOLZ, PLLC
20 Amy Grabina, and Mindy Grabina, individually Attorneys for Defendant Town of Southold
449 South Oyster Bay Road 22 280 Smithtown Boulevard
21 Plainview, New York 11803 Nesconset, New York 11767
22 BY: FRANK J. LAINE, ESQ. 23
23 BY: JOSHUA SHTEIERMAN, ESQ.
24 (Continued on following page) 24
25 25 (Continued on following page)
2 4
1 (Pages 1 to 4)
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1259 RECEIVED NYSCEF: 12/16/2022
1 A P P E A R A N C E S:
(Continued) 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
2 2
3 LAW OFFICES OF VINCENT D. McNAMARA 221.3 Communication with the deponent.
3
Attorneys for Defendant County of Suffolk
An attorney shall not interrupt the
4 1045 Oyster Bay Road, Suite 1 4 deposition for the purpose of communication with
East Norwich, New York 11732 the deponent unless all parties consent or the
5 5 communication is made for the purpose of
BY: VINCENT D. McNAMARA, ESQ. determining whether the question should not be
6 File No. 907-4577 6 answered on the grounds set forth in Section
7 221.2 of these rules and, in such event, the
8 LAW OFFICE OF ANDREA G. SAWYERS 7 reason for the communication shall be stated for
Attorneys for Defendant the record succinctly and clearly.
8
9 Cabot Coach Builders, Inc. IT IS FURTHER STIPULATED AND AGREED
that
P.O. Box 2903 9 the transcript may be signed before a Notary
10 Hartford, Connecticut 06104-2903 Public with the same force and effect as if
11 BY: STEVEN STEIGERWALD, ESQ. 10 signed before a clerk or a Judge of the court.
File No. 2017024539SAS 11 IT IS FURTHER STIPULATED AND AGREED
that
12 the examination before trial may be utilized for
13 ALSO PRESENT: 12 all purposes as provided by the CPLR.
JAKE LAINE, sitting in with Frank J. Laine, P.C.
13 IT IS FURTHER STIPULATED AND AGREED
that
14 all rights provided to all parties by the CPLR
14 cannot be deemed waived and the appropriate
15 DAVID TEIXEIRA, ESQ., the Law Offices of sections of the CPLR shall be controlling with
Vincent D. McNamara 15 respect hereto.
16 16 IT IS FURTHER STIPULATED AND AGREED
by an
OLIVIA SEGOTA, Intern with the Law Offices of between the attorneys for the respective parties
17 Vincent D. McNamara 17 that a copy of this examination shall be
18 furnished, without charge, to the attorney
19 18 representing the witness testifying herein.
20 19 * * * *
20
21 21
22 22
23 23
24 24
25 25
5 7
1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 1
2
D. Dresch, Jr.
221.1 OBJECTIONS AT DEPOSITIONS 2 MR. CRUZ: Can you mark these, please.
3
(a) Objections in general. No objections 3 (Whereupon, grand jury minutes were
4 shall be made at a deposition except those
which, pursuant to subdivision (b), (c) or (d) 4 marked as Plaintiffs' Exhibit 1 for
5 of Rule 3115 of the Civil Practice Law and
Rules, would be waived if not interposed, and
5 Identification, as of this date.)
6 except in compliance with subdivision (e) of 6 (Whereupon, a document containing a
such rule. All objections made at a deposition
7 shall be noted by the officer before whom the 7 resolution adopted by the Southold Town
deposition is taken, and the answer shall be
8 given and the deposition shall proceed subject 8 Board at a regular meeting held on July 22,
to the objections and to the right of a person
9 to apply for appropriate relief pursuant to 9 1997, to conduct a traffic survey at CR48
Article 31 of the CPLR.
10 (b) Speaking objections restricted. Every 10 and Depot Lane was marked as Plaintiffs'
objection raised during a deposition shall be 11
11 stated succinctly and framed so as not to Exhibit 2A for Identification, as of this
suggest an answer to the deponent and, at the 12 date.)
12 request of the questioning attorney, shall
include a clear statement as to any defect in 13 (Whereupon, correspondence from
13 form or other basis of error or irregularity.
Except to the extent permitted by CPLR Rule 3115 14 Charles J. Bartha to Judith Terry dated
14 or by this rule, during the course of the
examination, persons shall not make statements 15 August 6, 1997, was marked as Plaintiffs'
15 or comments that interfere with the questioning.
16 221.2 REFUSAL TO ANSWER WHEN OBJECTION IS MADE.
16 Exhibit 2B for Identification, as of this
17 A deponent shall answer all questions at a
deposition, except (i) to preserve a privilege
17 date.)
18 or right of confidentiality, (ii) to enforce a 18 (Whereupon, correspondence from
limitation set forth in an order of the court,
19 or (iii) when the question is plainly improper 19 Bernadette M. Peterson to Raymond Jacobs
and would, if answered, cause significant
20 prejudice to any person. An attorney shall not 20 dated November 3, 1999, was marked as
direct a deponent not to answer except as
21 provided in CPLR Rule 3115 or this subdivision. 21 Plaintiffs' Exhibit 2C for Identification,
Any refusal to answer or direction not to answer
22 shall be accompanied by a succinct and clear
22 as of this date.)
statement of the basis therefore. If a deponent 23
23 does not answer a question, the examining party
(Whereupon, a document containing a
shall have the right to complete the remainder 24 resolution adopted by the Southold Town
24 of the deposition.
25 25 Board at a regular meeting held on December
6 8
2 (Pages 5 to 8)
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1259 RECEIVED NYSCEF: 12/16/2022
1 D. Dresch, Jr. 1 D. Dresch, Jr.
2 21, 1999, to conduct a traffic survey at the 2 (Whereupon, memorandum regarding study
3 intersection of Route 48 and Depot Lane, was 3 number CR048-2000-012 dated April 4, 2012,
4 marked as Plaintiffs' Exhibit 2D for 4 revised July 11, 2012, and January 14, 2013,
5 Identification, as of this date.) 5 from Patricia Ralph to Robert F. Hillman,
6 (Whereupon, correspondence from 6 was marked as Plaintiffs' Exhibit 3B for
7 Elizabeth A. Neville to Richard J. LaValle 7 Identification, as of this date.)
8 dated December 30, 1999, was marked as 8 (Whereupon, a traffic signal warrant
9 Plaintiffs' Exhibit 2E for Identification, 9 analysis with 100% approach volume, prepared
10 as of this date.) 10 December 3, 2013, was marked as Plaintiffs'
11 (Whereupon, correspondence from 11 Exhibit 4A for Identification, as of this
12 Elizabeth A. Neville to Richard J. LaValle 12 date.)
13 dated January 13, 2000, was marked as 13 (Whereupon, a traffic signal warrant
14 Plaintiffs' Exhibit 2F for Identification, 14 analysis with 80% approach volume, prepared
15 as of this date.) 15 December 10, 2013, was marked as Plaintiffs'
16 (Whereupon, correspondence to Elizabeth 16 Exhibit 4B for Identification, as of this
17 A. Neville from William S. Shannon dated 17 date.)
18 February 2, 2000, was marked as Plaintiffs' 18 (Whereupon, a traffic signal warrant
19 Exhibit 2G for Identification, as of this 19 analysis with 60% approach volume, prepared
20 date.) 20 December 3, 2013, was marked as Plaintiffs'
21 (Whereupon, a letter to Jean Cochran 21 Exhibit 4C for Identification, as of this
22 from Bernadette M. Peterson dated June 23, 22 date.)
23 2001, was marked as Plaintiffs' Exhibit 2H 23 (Whereupon, a New York State Department
24 for Identification, as of this date.) 24 of Transportation traffic count hourly
25 (Whereupon, correspondence from Nicholas 25 report was marked as Plaintiffs' Exhibit 4D
9 11
1 D. Dresch, Jr. 1 D. Dresch, Jr.
2 C. Yannios to William S. Shannon dated 2 for Identification, as of this date.)
3 August 22, 2002, was marked as Plaintiffs' 3 (Whereupon, twenty-four hour counts
4 Exhibit 2I for Identification, as of this 4 dated May 28, 2001, were marked as
5 date.) 5 Plaintiffs' Exhibit 4E for Identification,
6 (Whereupon, correspondence from William 6 as of this date.)
7 S. Shannon to Nicholas C. Yannios dated 7 (Whereupon, a Suffolk County Department
8 September 9, 2002, was marked as Plaintiffs' 8 of Public Works spot speed data sheet dated
9 Exhibit 2J for Identification, as of this 9 April 5, 2012, was marked as Plaintiffs'
10 date.) 10 Exhibit 4F for Identification, as of this
11 (Whereupon, correspondence from Daniel 11 date.)
12 J. Dresch to Chief Martin Flatley dated 12 (Whereupon, a vehicle volume count for
13 November 15, 2002, was marked as Plaintiffs' 13 intersection turning movements at CR48 and
14 Exhibit 2K for Identification, as of this 14 Depot Lane, dated May 23, 2012, was marked
15 date.) 15 as Plaintiffs' Exhibit 4G for
16 (Whereupon, a traffic control plan from 16 Identification, as of this date.)
17 Vineyard 48 Winery dated March 30, 2012, was 17 (Whereupon, a comparison of multiple
18 marked as Plaintiffs' Exhibit 2L for 18 twenty-four-hour counts and the source of
19 Identification, as of this date.) 19 that data was marked as Plaintiffs' Exhibit
20 (Whereupon, updated study memorandum 20 4H for Identification, as of this date.)
21 regarding study number CR048-2000-012 dated 21 (Whereupon, a left-turn phase analysis
22 December 10, 2013, revised February 5, 2014, 22 prepared by Patricia Ralph on March 25,
23 from Patricia Ralph to Robert F. Hillman was 23 2016, was marked as Plaintiffs' Exhibit 5A
24 marked as Plaintiffs' Exhibit 3A for 24 for Identification, as of this date.)
25 Identification, as of this date.) 25 (Whereupon, a left-turn phase analysis
10 12
3 (Pages 9 to 12)
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1259 RECEIVED NYSCEF: 12/16/2022
1 D. Dresch, Jr. 1 D. Dresch, Jr.
2 prepared by Patricia Ralph on March 28, 2 say? The last part.
3 2016, was marked as Plaintiffs' Exhibit 5B 3 THE WITNESS: Exhibits that were sent
4 for Identification, as of this date.) 4 over yesterday afternoon.
5 DANIEL J. D R E S C H, J R., called as 5 Q. When you say the traffic study, are you
6 a witness, having been duly sworn by a Notary 6 referring to one study or are you referring to
7 Public of the State of New York, was examined 7 all of the studies that were conducted by Suffolk
8 and testified as follows: 8 County before the July 18, 2015 crash?
9 EXAMINATION BY 9 A. I'm referring to the 2000 study.
10 BRANDON CRUZ, ESQ.: 10 MR. JULIANO: The year 2000?
11 Q. Please state your full name for the 11 THE WITNESS: The designation on the
12 record. 12 file is 2000 followed by a second number.
13 A. Daniel J. Dresch, Jr. 13 Q. Now, you gave testimony before a special
14 Q. What is your address? 14 grand jury about this matter in 2016, correct?
15 A. 335 Yaphank Avenue, Yaphank, New York 15 A. Yes.
16 11980. 16 Q. Just a little bit in terms of your
17 Q. Good morning, Mr. Dresch. 17 background, what is your highest level of
18 My name is Brandon Cruz. I'm with the 18 education?
19 Bongiorno Law Firm, and I represent Alicia 19 A. I have a BS from Dowling College.
20 Arundel, one of the survivors of the limousine 20 Q. Are you a member of any professional
21 accident that occurred on County Road 48 and 21 societies?
22 Depot Lane on July 18, 2015. 22 A. Not currently.
23 I'm going to be asking you some 23 Q. Have you ever been a member of a union?
24 questions about the occurrence, and particularly 24 A. Yes.
25 about the traffic studies and the involvement of 25 Q. Which union or unions?
13 15
1 D. Dresch, Jr. 1 D. Dresch, Jr.
2 the County of Nassau in that intersection 2 A. Association of Municipal Employees, and
3 prior -- 3 the CSEA.
4 MR. STEIGERWALD: Suffolk. 4 Q. Are you still a member of those
5 Q. -- County of Suffolk prior to that 5 organizations?
6 incident, okay? 6 A. I am still a member of the AME.
7 A. Yes. 7 Q. Are you a licensed professional
8 Q. If there is any question that you want 8 engineer?
9 me to rephrase or you don't understand, please 9 A. I am not.
10 let me know. Please make sure that all of your 10 Q. Who is your present employer?
11 responses are verbal so that the court reporter 11 A. Suffolk County.
12 can take down what you say. Please wait until I 12 Q. What is your title with Suffolk County?
13 finish my question, again, for the benefit of the 13 A. My current title is acting assistant
14 court reporter, okay? 14 chief engineer.
15 A. Yes. 15 Q. What was your title in 2015?
16 Q. Now, have you reviewed any documents or 16 A. My title in 2015 was director of traffic
17 records or photographs or any materials including 17 engineering and highway work permits.
18 deposition transcripts in order to prepare for 18 Q. Is your current position a promotion
19 your deposition today? 19 from the one you had in 2015?
20 A. Yes. 20 A. Yes, it is.
21 Q. What did you look at? 21 Q. What were your general duties and
22 A. The traffic study, the grand jury -- my 22 responsibilities as director of traffic
23 grand jury testimony, as well as exhibits that 23 engineering and highway work permits for Suffolk
24 were sent over yesterday afternoon. 24 County in 2015?
25 MR. JULIANO: I'm sorry, what did you 25 A. I oversaw a staff of technical staff
14 16
4 (Pages 13 to 16)
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1259 RECEIVED NYSCEF: 12/16/2022
1 D. Dresch, Jr. 1 D. Dresch, Jr.
2 technicians and engineers who handled various 2 MR. CRUZ: Between 2007, 2015.
3 functions of traffic engineering and the highway 3 MR. McNAMARA: Okay.
4 work permit process. 4 A. Staffing levels varied, however, between
5 Q. When did you first become employed by 5 ten and fifteen.
6 Suffolk County? 6 Q. Were any of those individuals during
7 A. August of 1997. 7 that time period New York State-licensed
8 Q. Was there a particular department that 8 professional engineers?
9 you were first employed by? 9 A. No.
10 A. The department of public works. 10 Q. Between 2007 and 2015, if you could,
11 Q. When you were hired first in '97, what 11 generally, what was your typical routine as the
12 was your position? 12 director of traffic engineering and highway work
13 A. Traffic engineer I. 13 permits?
14 Q. For how long did you hold that position? 14 MR. McNAMARA: If you had one.
15 A. Multiple years. 15 THE WITNESS: Good point.
16 Q. From there, did you eventually get 16 A. It was -- there was no typical day.
17 promoted to traffic engineer II, and then III? 17 Q. So the duties and responsibilities that
18 A. That is correct. 18 you referenced earlier, those were the things
19 Q. Are the duties and responsibilities of 19 that you would do as traffic director, correct?
20 those three designations the same or different? 20 A. Correct.
21 A. They're increasing responsibilities. 21 Q. And it was essentially overseeing your
22 Q. During the time when you were a traffic 22 technical staff?
23 engineer for the County of Suffolk, did you ever 23 A. Correct.
24 work on any traffic studies relating to County 24 Q. Before July 18, 2015, as part of Suffolk
25 Road 48 and Depot Lane? 25 DPW operations, did the Suffolk Department of
17 19
1 D. Dresch, Jr. 1 D. Dresch, Jr.
2 A. No, not that I'm aware of. 2 Public Works receive traffic study requests
3 Q. Then in 2007, you became director of 3 regarding intersections that included county
4 traffic engineering for Suffolk DPW, correct? 4 roads?
5 A. That is correct. 5 A. Yes.
6 Q. I did mark your grand jury testimony as 6 Q. From whom did they typically receive
7 an exhibit in case you want to refer to it at 7 those requests between 2007 and 2015?
8 some point during the deposition.
I'm going to 8 A. From constituents and government
9 be referring to some of your testimony from that 9 officials.
10 date, so that's why we have it here. 10 Q. Did they ever receive any such requests
11 Now, in 2007 did you have an immediate 11 from residents of Suffolk County?
12 supervisor? 12 A. Residents meaning -- constituents
13 A. Yes, I did. 13 meaning residents.
14 Q. Who was that? 14 Q. Were those requests typically in
15 A. William Hillman. 15 writing?
16 Q. What was Mr. Hillman's position? 16 A. They were exclusively in writing.
17 A. Chief engineer. 17 Q. As part of your job as the director at
18 Q. Between 2007 and 2015, did Mr. Hillman 18 the department of public works, director of
19 remain your supervisor? 19 traffic engineering, did you review those
20 A. Yes. 20 requests?
21 Q. Then as the director of traffic 21 A. Yes.
22 engineering and highway work permits, how many 22 Q. Did you review all of them?
23 people worked in your team or for you in your 23 A. To my knowledge, yes.
24 technical staff? 24 Q. Could you tell me typically how many
25 MR. McNAMARA: When? 25 requests the Suffolk County Department of Public
18 20
5 (Pages 17 to 20)
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1259 RECEIVED NYSCEF: 12/16/2022
1 D. Dresch, Jr. 1 D. Dresch, Jr.
2 Works would receive during a given year between 2 A. We initiated traffic studies regardless
3 2007 and 2015? 3 of the contents of the request.
4 A. In the average year, probably between 4 Q. So in other words, even if the request
5 three hundred and four hundred requests. 5 did not contain reasons or resident complaints or
6 Q. Did the requests typically include the 6 information regarding what was being observed at
7 reason that the request was being made?For 7 the intersection, the county would nevertheless
8 example, the complaints about the particular 8 conduct a traffic study?
9 roadway or intersection that underlie the 9 A. Yes.
10 request. 10 MR. McNAMARA: I'm going to object to
11 A. Yes. 11 the form. He said resident complaints.
I
12 Q. When the requests were made by town 12 think he's saying -- and correct me -- that
13 officials, were the reasons and the complaints 13 irrespective of whether or not there was a
14 typically contained in letters from constituents 14 reason so stated in the complaint, they
15 and residents or in some other documentation? 15 would investigate it the same way.
16 A. Could you rephrase that, please. 16 THE WITNESS: Yes.
17 Q. What I'm asking you is:When Suffolk 17 MR. McNAMARA: I think that's what you
18 County DPW received requests to do traffic 18 were asking, Brandon.
19 studies for intersections involving county 19 MR. CRUZ: I'm satisfied with his answer
20 roadways, did the reasons and the complaints that 20 to the question the way that I posed it.
21 underlie the requests typically come in the form 21 MR. McNAMARA: That's what I'm saying.
22 of letters or correspondence from residents or 22 Q. Now, is a traffic study different than a
23 constituents? 23 traffic survey?
24 A. Yes. 24 A. Some may interchange the phrase.
25 Q. While you were director of traffic 25 Q. In your opinion, is a traffic study
21 23
1 D. Dresch, Jr. 1 D. Dresch, Jr.
2 engineering at the DPW between 2007 and 2015, did 2 different than a survey, traffic survey?
3 you ever receive a request that did not include 3 A. Not necessarily.
4 the reasons or the underlying complaints that 4 Q. What about a traffic safety evaluation,
5 gave rise to the request? 5 is that different than a traffic study or a
6 A. Yes. 6 traffic survey?
7 Q. During that same time frame, did the 7 A. I would consider that a similar phrase.
8 Suffolk County DPW have a system in place or a 8 Q. So you would use those three phrases
9 custom and practice in relation to inquiring 9 interchangeably?
10 about or otherwise collecting the information 10 A. I don't know if I've ever used traffic
11 about the complaints or the reasons why the 11 survey or the last phrase you used.
I just
12 traffic study was being request? 12 generically refer to the function as a traffic
13 MR. McNAMARA: If there wasn't one in 13 study.
14 the request? 14 MR. CRUZ: Can you read back his answer,
15 MR. CRUZ: Correct. 15 please.
16 A. Yes. 16 (Whereupon, the requested portion of the
17 Q. What was the policy of the county during 17 record was read back.)
18 that time? 18 Q. Between 2007 and 2015, has a Suffolk DPW
19 A. We handled any requests we got exactly 19 ever conducted a traffic study evaluation for the
20 the same. 20 purposes of correcting a traffic safety problem
21 Q. But my question is:
What was the policy 21 that was complained about by a town?
22 that the Suffolk County had with regard to the 22 A. Could you rephrase that, please.
23
Preview
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1259 RECEIVED NYSCEF: 12/16/2022 FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1259 RECEIVED NYSCEF: 12/16/2022 1 A P P E A R A N C E S: (Continued) SUPREME COURT OF THE STATE OF NEW YORK 2 COUNTY OF SUFFOLK 3 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C. ------------------------------------------------ Attorneys for Plaintiff Steven Baruch A/O/E SUZANNE SCHULMAN AS ADMINISTRATRIX OF THE ESTATE 4 Lauren Baruch, deceased, and Steven Baruch, OF BRITTNEY M. SCHULMAN, DECEASED, ALICIA M individually ARUNDEL, OLGA LIPETS, MINDY GRABINA A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, STEVEN 5 1140 Franklin Avenue, Suite 200 BARUCH A/O/E LAUREN BARUCH, DECEASED, AND STEVEN Garden City, New York 11530 BARUCH, INDIVIDUALLY, JOELLE DIMONTE, MELISSA A 6 CRAI, ARTHUR A BELLI JR AS PARENT AND NATURAL BY: GONZALO SUAREZ, ESQ. GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE 7 ADMINISTRATOR OF THE E/O STEPHANIE BELLI, 8 Plaintiffs, 9 PEGALIS LAW GROUP, LLC -against- Index No.: Attorneys for Plaintiff Joelle DiMonte 611214/15 10 One Hollow Lane, Suite 107 Lake Success, New York 11042 ULTIMATE CLASS LIMOUSINE, INC., CARLOS F PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN D ROMEO, 11 TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BY: GARY NIELSEN, ESQ. BUILDERS, INC D/B/A ROYALE LIMOUSINE, XYZ 12 COMPANIES 1-5 NAME BEING FICTITIOUS BUT INTENDED 13 TO BE THE REMANUFACTURERS, DISTRIBUTORS, AND/OR 14 JOSEPH J. TOCK, ESQ. SELLERS OF THE 2007 LINCOLN TOWN CAR STRETCH Attorney for Plaintiff Melissa A. Crai LIMOUSINE INVOLVED IN THE COLLISION, 15 936 Route 6 Defendants. Mahopac, New York 10541 ------------------------------------------------x 16 One CA Plaza BY: JOSEPH J. TOCK, ESQ. Islandia, New York 17 July 17, 2019 18 10:16 a.m. 19 BLOCK O'TOOLE & MURPHY, LLP Attorneys for Arthur A. Belli, Jr. as parent EXAMINATION BEFORE TRIAL OF COUNTY OF 20 and natural guardian of Stephanie Belli, SUFFOLK, by DANIEL J. DRESCH, JR., a Defendant deceased, and as the administrator of the herein, taken by the attorneys for the respective 21 E/O Stephanie Belli parties, pursuant to Court Order, held at the 1 Penn Plaza, Suite 5315 above time and place before Nichole Bugeja, a 22 New York, New York 10119 Stenotype Reporter and Notary Public within and 23 BY: DANIEL SEIDEN, ESQ. for the State of New York. File No. 4044 24 25 (Continued on following page) 1 3 1 APPEARANCES: 1 A P P E A R A N C E S: (Continued) 2 2 3 JOHN L. JULIANO, P.C. 3 BONGIORNO, MONTIGLIO & PALMIERI Attorney for Plaintiff Suzanne Schulman as Attorneys for Defendants Ultimate Class 4 administratrix of the estate of 4 Limousine, Inc. and Carlos F. Pino Brittney M. Schulman, deceased 200 Old Country Road, Suite 680 5 39 Doyle Court 5 Mineola, New York 11501 East Northport, New York 11731 6 BY: NEIL PALMIERI, ESQ. 6 7 BY: JOHN L. JULIANO, ESQ. 8 7 9 CASCONE & KLUEPFEL, LLP 8 Attorneys for Defendant 9 THE BONGIORNO LAW FIRM, PLLC 10 Romeo Dimon Marine Service, Inc. Attorneys for Plaintiff Alicia M. Arundel 1399 Franklin Avenue, Suite 302 10 1415 Kellum Place, Suite 205 11 Garden City, New York 11530 Garden City, New York 11530 12 11 BY: DAVID TAVELLA, ESQ. File No. 0412DVM BY: BRANDON CRUZ, ESQ. 12 13 File No.: 6230.PP 13 14 14 15 LEWIS JOHS AVALLONE AVILES, LLP PARIS & CHAIKIN, PLLC Attorneys for Plaintiff Olga Lipets Attorneys for Defendant Steven D. Romeo 15 14 Penn Plaza, Suite 2202 16 One CA Plaza, Suite 225 New York, New York 10122 Islandia, New York 11749 16 17 BY: IAN CHAIKIN, ESQ. BY: REBECCA DEVLIN, ESQ. 17 18 File No.: 0114.1460.001C 18 19 19 FRANK J. LAINE, P.C. 20 Attorney for Plaintiff Mindy Grabina A/O/E 21 LAW OFFICES OF THOMAS M. VOLZ, PLLC 20 Amy Grabina, and Mindy Grabina, individually Attorneys for Defendant Town of Southold 449 South Oyster Bay Road 22 280 Smithtown Boulevard 21 Plainview, New York 11803 Nesconset, New York 11767 22 BY: FRANK J. LAINE, ESQ. 23 23 BY: JOSHUA SHTEIERMAN, ESQ. 24 (Continued on following page) 24 25 25 (Continued on following page) 2 4 1 (Pages 1 to 4) 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1259 RECEIVED NYSCEF: 12/16/2022 1 A P P E A R A N C E S: (Continued) 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 2 3 LAW OFFICES OF VINCENT D. McNAMARA 221.3 Communication with the deponent. 3 Attorneys for Defendant County of Suffolk An attorney shall not interrupt the 4 1045 Oyster Bay Road, Suite 1 4 deposition for the purpose of communication with East Norwich, New York 11732 the deponent unless all parties consent or the 5 5 communication is made for the purpose of BY: VINCENT D. McNAMARA, ESQ. determining whether the question should not be 6 File No. 907-4577 6 answered on the grounds set forth in Section 7 221.2 of these rules and, in such event, the 8 LAW OFFICE OF ANDREA G. SAWYERS 7 reason for the communication shall be stated for Attorneys for Defendant the record succinctly and clearly. 8 9 Cabot Coach Builders, Inc. IT IS FURTHER STIPULATED AND AGREED that P.O. Box 2903 9 the transcript may be signed before a Notary 10 Hartford, Connecticut 06104-2903 Public with the same force and effect as if 11 BY: STEVEN STEIGERWALD, ESQ. 10 signed before a clerk or a Judge of the court. File No. 2017024539SAS 11 IT IS FURTHER STIPULATED AND AGREED that 12 the examination before trial may be utilized for 13 ALSO PRESENT: 12 all purposes as provided by the CPLR. JAKE LAINE, sitting in with Frank J. Laine, P.C. 13 IT IS FURTHER STIPULATED AND AGREED that 14 all rights provided to all parties by the CPLR 14 cannot be deemed waived and the appropriate 15 DAVID TEIXEIRA, ESQ., the Law Offices of sections of the CPLR shall be controlling with Vincent D. McNamara 15 respect hereto. 16 16 IT IS FURTHER STIPULATED AND AGREED by an OLIVIA SEGOTA, Intern with the Law Offices of between the attorneys for the respective parties 17 Vincent D. McNamara 17 that a copy of this examination shall be 18 furnished, without charge, to the attorney 19 18 representing the witness testifying herein. 20 19 * * * * 20 21 21 22 22 23 23 24 24 25 25 5 7 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 1 2 D. Dresch, Jr. 221.1 OBJECTIONS AT DEPOSITIONS 2 MR. CRUZ: Can you mark these, please. 3 (a) Objections in general. No objections 3 (Whereupon, grand jury minutes were 4 shall be made at a deposition except those which, pursuant to subdivision (b), (c) or (d) 4 marked as Plaintiffs' Exhibit 1 for 5 of Rule 3115 of the Civil Practice Law and Rules, would be waived if not interposed, and 5 Identification, as of this date.) 6 except in compliance with subdivision (e) of 6 (Whereupon, a document containing a such rule. All objections made at a deposition 7 shall be noted by the officer before whom the 7 resolution adopted by the Southold Town deposition is taken, and the answer shall be 8 given and the deposition shall proceed subject 8 Board at a regular meeting held on July 22, to the objections and to the right of a person 9 to apply for appropriate relief pursuant to 9 1997, to conduct a traffic survey at CR48 Article 31 of the CPLR. 10 (b) Speaking objections restricted. Every 10 and Depot Lane was marked as Plaintiffs' objection raised during a deposition shall be 11 11 stated succinctly and framed so as not to Exhibit 2A for Identification, as of this suggest an answer to the deponent and, at the 12 date.) 12 request of the questioning attorney, shall include a clear statement as to any defect in 13 (Whereupon, correspondence from 13 form or other basis of error or irregularity. Except to the extent permitted by CPLR Rule 3115 14 Charles J. Bartha to Judith Terry dated 14 or by this rule, during the course of the examination, persons shall not make statements 15 August 6, 1997, was marked as Plaintiffs' 15 or comments that interfere with the questioning. 16 221.2 REFUSAL TO ANSWER WHEN OBJECTION IS MADE. 16 Exhibit 2B for Identification, as of this 17 A deponent shall answer all questions at a deposition, except (i) to preserve a privilege 17 date.) 18 or right of confidentiality, (ii) to enforce a 18 (Whereupon, correspondence from limitation set forth in an order of the court, 19 or (iii) when the question is plainly improper 19 Bernadette M. Peterson to Raymond Jacobs and would, if answered, cause significant 20 prejudice to any person. An attorney shall not 20 dated November 3, 1999, was marked as direct a deponent not to answer except as 21 provided in CPLR Rule 3115 or this subdivision. 21 Plaintiffs' Exhibit 2C for Identification, Any refusal to answer or direction not to answer 22 shall be accompanied by a succinct and clear 22 as of this date.) statement of the basis therefore. If a deponent 23 23 does not answer a question, the examining party (Whereupon, a document containing a shall have the right to complete the remainder 24 resolution adopted by the Southold Town 24 of the deposition. 25 25 Board at a regular meeting held on December 6 8 2 (Pages 5 to 8) 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1259 RECEIVED NYSCEF: 12/16/2022 1 D. Dresch, Jr. 1 D. Dresch, Jr. 2 21, 1999, to conduct a traffic survey at the 2 (Whereupon, memorandum regarding study 3 intersection of Route 48 and Depot Lane, was 3 number CR048-2000-012 dated April 4, 2012, 4 marked as Plaintiffs' Exhibit 2D for 4 revised July 11, 2012, and January 14, 2013, 5 Identification, as of this date.) 5 from Patricia Ralph to Robert F. Hillman, 6 (Whereupon, correspondence from 6 was marked as Plaintiffs' Exhibit 3B for 7 Elizabeth A. Neville to Richard J. LaValle 7 Identification, as of this date.) 8 dated December 30, 1999, was marked as 8 (Whereupon, a traffic signal warrant 9 Plaintiffs' Exhibit 2E for Identification, 9 analysis with 100% approach volume, prepared 10 as of this date.) 10 December 3, 2013, was marked as Plaintiffs' 11 (Whereupon, correspondence from 11 Exhibit 4A for Identification, as of this 12 Elizabeth A. Neville to Richard J. LaValle 12 date.) 13 dated January 13, 2000, was marked as 13 (Whereupon, a traffic signal warrant 14 Plaintiffs' Exhibit 2F for Identification, 14 analysis with 80% approach volume, prepared 15 as of this date.) 15 December 10, 2013, was marked as Plaintiffs' 16 (Whereupon, correspondence to Elizabeth 16 Exhibit 4B for Identification, as of this 17 A. Neville from William S. Shannon dated 17 date.) 18 February 2, 2000, was marked as Plaintiffs' 18 (Whereupon, a traffic signal warrant 19 Exhibit 2G for Identification, as of this 19 analysis with 60% approach volume, prepared 20 date.) 20 December 3, 2013, was marked as Plaintiffs' 21 (Whereupon, a letter to Jean Cochran 21 Exhibit 4C for Identification, as of this 22 from Bernadette M. Peterson dated June 23, 22 date.) 23 2001, was marked as Plaintiffs' Exhibit 2H 23 (Whereupon, a New York State Department 24 for Identification, as of this date.) 24 of Transportation traffic count hourly 25 (Whereupon, correspondence from Nicholas 25 report was marked as Plaintiffs' Exhibit 4D 9 11 1 D. Dresch, Jr. 1 D. Dresch, Jr. 2 C. Yannios to William S. Shannon dated 2 for Identification, as of this date.) 3 August 22, 2002, was marked as Plaintiffs' 3 (Whereupon, twenty-four hour counts 4 Exhibit 2I for Identification, as of this 4 dated May 28, 2001, were marked as 5 date.) 5 Plaintiffs' Exhibit 4E for Identification, 6 (Whereupon, correspondence from William 6 as of this date.) 7 S. Shannon to Nicholas C. Yannios dated 7 (Whereupon, a Suffolk County Department 8 September 9, 2002, was marked as Plaintiffs' 8 of Public Works spot speed data sheet dated 9 Exhibit 2J for Identification, as of this 9 April 5, 2012, was marked as Plaintiffs' 10 date.) 10 Exhibit 4F for Identification, as of this 11 (Whereupon, correspondence from Daniel 11 date.) 12 J. Dresch to Chief Martin Flatley dated 12 (Whereupon, a vehicle volume count for 13 November 15, 2002, was marked as Plaintiffs' 13 intersection turning movements at CR48 and 14 Exhibit 2K for Identification, as of this 14 Depot Lane, dated May 23, 2012, was marked 15 date.) 15 as Plaintiffs' Exhibit 4G for 16 (Whereupon, a traffic control plan from 16 Identification, as of this date.) 17 Vineyard 48 Winery dated March 30, 2012, was 17 (Whereupon, a comparison of multiple 18 marked as Plaintiffs' Exhibit 2L for 18 twenty-four-hour counts and the source of 19 Identification, as of this date.) 19 that data was marked as Plaintiffs' Exhibit 20 (Whereupon, updated study memorandum 20 4H for Identification, as of this date.) 21 regarding study number CR048-2000-012 dated 21 (Whereupon, a left-turn phase analysis 22 December 10, 2013, revised February 5, 2014, 22 prepared by Patricia Ralph on March 25, 23 from Patricia Ralph to Robert F. Hillman was 23 2016, was marked as Plaintiffs' Exhibit 5A 24 marked as Plaintiffs' Exhibit 3A for 24 for Identification, as of this date.) 25 Identification, as of this date.) 25 (Whereupon, a left-turn phase analysis 10 12 3 (Pages 9 to 12) 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1259 RECEIVED NYSCEF: 12/16/2022 1 D. Dresch, Jr. 1 D. Dresch, Jr. 2 prepared by Patricia Ralph on March 28, 2 say? The last part. 3 2016, was marked as Plaintiffs' Exhibit 5B 3 THE WITNESS: Exhibits that were sent 4 for Identification, as of this date.) 4 over yesterday afternoon. 5 DANIEL J. D R E S C H, J R., called as 5 Q. When you say the traffic study, are you 6 a witness, having been duly sworn by a Notary 6 referring to one study or are you referring to 7 Public of the State of New York, was examined 7 all of the studies that were conducted by Suffolk 8 and testified as follows: 8 County before the July 18, 2015 crash? 9 EXAMINATION BY 9 A. I'm referring to the 2000 study. 10 BRANDON CRUZ, ESQ.: 10 MR. JULIANO: The year 2000? 11 Q. Please state your full name for the 11 THE WITNESS: The designation on the 12 record. 12 file is 2000 followed by a second number. 13 A. Daniel J. Dresch, Jr. 13 Q. Now, you gave testimony before a special 14 Q. What is your address? 14 grand jury about this matter in 2016, correct? 15 A. 335 Yaphank Avenue, Yaphank, New York 15 A. Yes. 16 11980. 16 Q. Just a little bit in terms of your 17 Q. Good morning, Mr. Dresch. 17 background, what is your highest level of 18 My name is Brandon Cruz. I'm with the 18 education? 19 Bongiorno Law Firm, and I represent Alicia 19 A. I have a BS from Dowling College. 20 Arundel, one of the survivors of the limousine 20 Q. Are you a member of any professional 21 accident that occurred on County Road 48 and 21 societies? 22 Depot Lane on July 18, 2015. 22 A. Not currently. 23 I'm going to be asking you some 23 Q. Have you ever been a member of a union? 24 questions about the occurrence, and particularly 24 A. Yes. 25 about the traffic studies and the involvement of 25 Q. Which union or unions? 13 15 1 D. Dresch, Jr. 1 D. Dresch, Jr. 2 the County of Nassau in that intersection 2 A. Association of Municipal Employees, and 3 prior -- 3 the CSEA. 4 MR. STEIGERWALD: Suffolk. 4 Q. Are you still a member of those 5 Q. -- County of Suffolk prior to that 5 organizations? 6 incident, okay? 6 A. I am still a member of the AME. 7 A. Yes. 7 Q. Are you a licensed professional 8 Q. If there is any question that you want 8 engineer? 9 me to rephrase or you don't understand, please 9 A. I am not. 10 let me know. Please make sure that all of your 10 Q. Who is your present employer? 11 responses are verbal so that the court reporter 11 A. Suffolk County. 12 can take down what you say. Please wait until I 12 Q. What is your title with Suffolk County? 13 finish my question, again, for the benefit of the 13 A. My current title is acting assistant 14 court reporter, okay? 14 chief engineer. 15 A. Yes. 15 Q. What was your title in 2015? 16 Q. Now, have you reviewed any documents or 16 A. My title in 2015 was director of traffic 17 records or photographs or any materials including 17 engineering and highway work permits. 18 deposition transcripts in order to prepare for 18 Q. Is your current position a promotion 19 your deposition today? 19 from the one you had in 2015? 20 A. Yes. 20 A. Yes, it is. 21 Q. What did you look at? 21 Q. What were your general duties and 22 A. The traffic study, the grand jury -- my 22 responsibilities as director of traffic 23 grand jury testimony, as well as exhibits that 23 engineering and highway work permits for Suffolk 24 were sent over yesterday afternoon. 24 County in 2015? 25 MR. JULIANO: I'm sorry, what did you 25 A. I oversaw a staff of technical staff 14 16 4 (Pages 13 to 16) 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1259 RECEIVED NYSCEF: 12/16/2022 1 D. Dresch, Jr. 1 D. Dresch, Jr. 2 technicians and engineers who handled various 2 MR. CRUZ: Between 2007, 2015. 3 functions of traffic engineering and the highway 3 MR. McNAMARA: Okay. 4 work permit process. 4 A. Staffing levels varied, however, between 5 Q. When did you first become employed by 5 ten and fifteen. 6 Suffolk County? 6 Q. Were any of those individuals during 7 A. August of 1997. 7 that time period New York State-licensed 8 Q. Was there a particular department that 8 professional engineers? 9 you were first employed by? 9 A. No. 10 A. The department of public works. 10 Q. Between 2007 and 2015, if you could, 11 Q. When you were hired first in '97, what 11 generally, what was your typical routine as the 12 was your position? 12 director of traffic engineering and highway work 13 A. Traffic engineer I. 13 permits? 14 Q. For how long did you hold that position? 14 MR. McNAMARA: If you had one. 15 A. Multiple years. 15 THE WITNESS: Good point. 16 Q. From there, did you eventually get 16 A. It was -- there was no typical day. 17 promoted to traffic engineer II, and then III? 17 Q. So the duties and responsibilities that 18 A. That is correct. 18 you referenced earlier, those were the things 19 Q. Are the duties and responsibilities of 19 that you would do as traffic director, correct? 20 those three designations the same or different? 20 A. Correct. 21 A. They're increasing responsibilities. 21 Q. And it was essentially overseeing your 22 Q. During the time when you were a traffic 22 technical staff? 23 engineer for the County of Suffolk, did you ever 23 A. Correct. 24 work on any traffic studies relating to County 24 Q. Before July 18, 2015, as part of Suffolk 25 Road 48 and Depot Lane? 25 DPW operations, did the Suffolk Department of 17 19 1 D. Dresch, Jr. 1 D. Dresch, Jr. 2 A. No, not that I'm aware of. 2 Public Works receive traffic study requests 3 Q. Then in 2007, you became director of 3 regarding intersections that included county 4 traffic engineering for Suffolk DPW, correct? 4 roads? 5 A. That is correct. 5 A. Yes. 6 Q. I did mark your grand jury testimony as 6 Q. From whom did they typically receive 7 an exhibit in case you want to refer to it at 7 those requests between 2007 and 2015? 8 some point during the deposition. I'm going to 8 A. From constituents and government 9 be referring to some of your testimony from that 9 officials. 10 date, so that's why we have it here. 10 Q. Did they ever receive any such requests 11 Now, in 2007 did you have an immediate 11 from residents of Suffolk County? 12 supervisor? 12 A. Residents meaning -- constituents 13 A. Yes, I did. 13 meaning residents. 14 Q. Who was that? 14 Q. Were those requests typically in 15 A. William Hillman. 15 writing? 16 Q. What was Mr. Hillman's position? 16 A. They were exclusively in writing. 17 A. Chief engineer. 17 Q. As part of your job as the director at 18 Q. Between 2007 and 2015, did Mr. Hillman 18 the department of public works, director of 19 remain your supervisor? 19 traffic engineering, did you review those 20 A. Yes. 20 requests? 21 Q. Then as the director of traffic 21 A. Yes. 22 engineering and highway work permits, how many 22 Q. Did you review all of them? 23 people worked in your team or for you in your 23 A. To my knowledge, yes. 24 technical staff? 24 Q. Could you tell me typically how many 25 MR. McNAMARA: When? 25 requests the Suffolk County Department of Public 18 20 5 (Pages 17 to 20) 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1259 RECEIVED NYSCEF: 12/16/2022 1 D. Dresch, Jr. 1 D. Dresch, Jr. 2 Works would receive during a given year between 2 A. We initiated traffic studies regardless 3 2007 and 2015? 3 of the contents of the request. 4 A. In the average year, probably between 4 Q. So in other words, even if the request 5 three hundred and four hundred requests. 5 did not contain reasons or resident complaints or 6 Q. Did the requests typically include the 6 information regarding what was being observed at 7 reason that the request was being made?For 7 the intersection, the county would nevertheless 8 example, the complaints about the particular 8 conduct a traffic study? 9 roadway or intersection that underlie the 9 A. Yes. 10 request. 10 MR. McNAMARA: I'm going to object to 11 A. Yes. 11 the form. He said resident complaints. I 12 Q. When the requests were made by town 12 think he's saying -- and correct me -- that 13 officials, were the reasons and the complaints 13 irrespective of whether or not there was a 14 typically contained in letters from constituents 14 reason so stated in the complaint, they 15 and residents or in some other documentation? 15 would investigate it the same way. 16 A. Could you rephrase that, please. 16 THE WITNESS: Yes. 17 Q. What I'm asking you is:When Suffolk 17 MR. McNAMARA: I think that's what you 18 County DPW received requests to do traffic 18 were asking, Brandon. 19 studies for intersections involving county 19 MR. CRUZ: I'm satisfied with his answer 20 roadways, did the reasons and the complaints that 20 to the question the way that I posed it. 21 underlie the requests typically come in the form 21 MR. McNAMARA: That's what I'm saying. 22 of letters or correspondence from residents or 22 Q. Now, is a traffic study different than a 23 constituents? 23 traffic survey? 24 A. Yes. 24 A. Some may interchange the phrase. 25 Q. While you were director of traffic 25 Q. In your opinion, is a traffic study 21 23 1 D. Dresch, Jr. 1 D. Dresch, Jr. 2 engineering at the DPW between 2007 and 2015, did 2 different than a survey, traffic survey? 3 you ever receive a request that did not include 3 A. Not necessarily. 4 the reasons or the underlying complaints that 4 Q. What about a traffic safety evaluation, 5 gave rise to the request? 5 is that different than a traffic study or a 6 A. Yes. 6 traffic survey? 7 Q. During that same time frame, did the 7 A. I would consider that a similar phrase. 8 Suffolk County DPW have a system in place or a 8 Q. So you would use those three phrases 9 custom and practice in relation to inquiring 9 interchangeably? 10 about or otherwise collecting the information 10 A. I don't know if I've ever used traffic 11 about the complaints or the reasons why the 11 survey or the last phrase you used. I just 12 traffic study was being request? 12 generically refer to the function as a traffic 13 MR. McNAMARA: If there wasn't one in 13 study. 14 the request? 14 MR. CRUZ: Can you read back his answer, 15 MR. CRUZ: Correct. 15 please. 16 A. Yes. 16 (Whereupon, the requested portion of the 17 Q. What was the policy of the county during 17 record was read back.) 18 that time? 18 Q. Between 2007 and 2015, has a Suffolk DPW 19 A. We handled any requests we got exactly 19 ever conducted a traffic study evaluation for the 20 the same. 20 purposes of correcting a traffic safety problem 21 Q. But my question is: What was the policy 21 that was complained about by a town? 22 that the Suffolk County had with regard to the 22 A. Could you rephrase that, please. 23