On October 21, 2015 a
Exhibit,Appendix
was filed
involving a dispute between
Alicia M Arundel,
Arthur A Belli Jr
As Parent And Natural Guardian Of Stephanie Belli, Deceased, And As The Administrator Of The E O Stephanie Belli,
Joelle Dimonte,
Melissa A Crai,
Mindy Grabina
A O E Amy Grabina, And Mindy Grabina, Individually,,
Olga Lipets,
Steven Baruch
A O E Lauren Baruch, Deceased, And Steven Baruch, Individually,,
Suzanne Schulman
As Administratrix Of The Estate Of Brittney M. Schulman, Deceased,
and
Cabot Coach Builders, Inc D B A Royale Limousine,
Carlos F Pino,
County Of Suffolk,
Romeo Dimon Marine Service, Inc.,
Steven D Romeo,
Town Of Southold,
Ultimate Class Limousine, Inc.,
Xyz Companies 1-5
Name Being Fictitious But Intended To Be The Remanufacturers, Distributors, And Or Sellers Of The 2007 Lincoln Town Car Stretch Limousine Involved In The Collision,,
for Tort
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1279 RECEIVED NYSCEF: 12/16/2022
"U"
EX(BIT
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1279 RECEIVED NYSCEF: 12/16/2022
Suffolk County Department of Public Works
TrafficEngineering
335 Yaphank Road
Yaphank, NY 11980
Study No. (S/N): CR048-2000412 UPDATED STUDY MEMORANDUM
Location: CR 48, MiddleRoad at DepotLane, Cutchogue
Request: Upgrade Existing Blasher to 3-Color TrafEe Signal
Date: December 10, 2013,rev February5, 2014
To: Robert F. Hillman, Engineer
Jr. Traffic III
Frorn: PatriciaRalph, TrafftoTechnician E
RBOUBST:
Correspondence fromthe Town dated
of Southold, and two letters tosa
12/30/99 individaniresidents,
dated 6/23/01 request that a smdy be done to consider the installation
and 8/22/02, signal
traffic
of a 3-color
to replace
the existing at the above-refined
flasher latersection.
Preliminary memorandum
technical dated
January completed
4, 2013rey, this study for fbrther
subject to a recommendmion review
data collection,
and analysia.Further
data collection,
reviewand analysis has been completed recommended
as previously
BXISTING CONDITIONS/OBSERVATIONS:
CR 48, 1Widdle Road,
is classified
as an UrbanPrlacipal having two
Arterial, lanes in each direction
with
additional
auxiliary sad left
lanes for right turn movements.Opposing left-turn on CR48
and right-turns
are channelised
and delineated
whh pavement markings. a grasa/vegetated median,
CR 48 rnaintains
20'-30' T wide. north and south on
approximately wide and roadwayshouldersat approximately Traffic,
Lane, is controlled CR4L asapplemental
In addition, flasher
Depot withstop signs st the intersectica
with
is present
withred facingDepot
indications Lane and amber indimet,ns
facingCR 48. Thissegynent of CR
48 is straight
and level
in proximity
to the intersection
withaslightborizontal
curve to the north, beginning
600' at 55 miles per hour is
sight distancerequired
approximately east of the intersection.
The stopping
495' 570' to motorists west on CR48 to
recommended at or at 60 miles and is available
per hour, travelling
avoid conflicts
with vehicles
south onDepot La.(which isthe ofthe
inside curvewheresightlinesweald
be less then the other
approaches).Vehiclevolumes less than those on
on this approach are substantially
the northboundapproach.
Depot La. is a two
lane, two-wayroadway with center line south
a fb11barrier of CR 48 andstoplines on
each appmach to CR48. Both roadways are generally and level with
straight sight distanes on
suffloient
allapproaches.
to Depot
In proximity signals
Lane, the nearest traffic along CR48 D.63 miles to the east
are opproximately
(CoxLane) and 2.66milea to the west (Wickham
Avenue).
ACCIDENTS: UPDATED DATA REVIEW & ANALYSIS
Latestavailable accident
three year (36 months) August
history; 31, 2009 throughAugust31, 2012 is
compiled below. We note the more
currentaccident from the Town
history of Southold SCPD).
(autside
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1279 RECEIVED NYSCEF: 12/16/2022
Right Ped* Lef t Turn Rear Other
YEAR
in · End
to A e O
2009-2010 1 0 0 0 2
'
2010-201I 2 0 0 0 0
2011-2012 2 0 0 0 3
*Pedemias
rate (70%)than prior in the earlier
crash data (44%) provided
he crash data above shows a greater
injay
oftheten crashes
reported incuned and one
injuries
tech memo dated January 4, 2013.
Seven (7) (10)
north
vehicle
the action of a
crashes involved on Depot La.
All
in a fatality.
crash resulted seven of tese
he ofcrashes does not
reported
of a vehicle
the righteof-way
violating along CR 48.
traveling quantity
Warrant the reason
principal the
to consider
criteria
the crash experience Signal
(1taflic as
#7),
satisfy with
correctable the
of the crash types toported
70 percent may be
installation signal.
of a traffic However,
signal
of a traffic
installation
STUDIES: UPDATED DATA REVIEW & ANALYSIS
the highest pealt hours
early evening
A arrningmonment countwas conducted on May23, 2012 during
7his
activity.
traffic
the most date
between 3pm - 5pm when the minor Lane) experiences
street (Depot
movements intersection
at the in thenorthbound
was referenced the pe:cent
to approximate turning
volume and 40%
made a lef t tem
direction. that
7he data indicates 40 % of tim appmach
approximately
consider
data was used to the of right
effects
made a rightturn 20% went
and the ramaining straightThis
tmns fromthe northbound(higher)approach volume.
La.
280 f t. east of Depot
.
on April
A spot speed shuty was conducted 5, 2012 at a location
approximately
eastbound and westboundtrailio
is65 mph and 61mph,
speed for
the 85th percentile
indicating
respectively.
he is 55 MPH.
posted speed liest
M-hour, hwfic wlume comå$ were conducted along Depot La. at a point
in July 2013
74ay was
100'
south of CR48.his data showedthattheaverageweekday traffic
(AWDT)
approximately
northbound
1,446 vehicles, only onDepot La.
approximately ·
were conductedin July 2013 La. at a point
along Depot
24.hone,7-dy trQte solume coun8
was
500'
northof CR 48. his data showed that the average weekday traffic
(AWDT)
approximately
467 southbound
vehicles, onlyon Depot La.
approximately 1.4 miles
conniswere conductedin August2012 along CR48at a point
24-hear,74ay tragicsolrone
conectedshowed thattheaverageweekday traffic
(AWDT) was
westof DepotLa. he data
This
eastbound and 6,849 vehicles westbound. AADT is
vehicles
13,860 vehicles;7,011
approximately
vehicles recordedatthissame in
location 2009.
less than the 14,674
slightly (AADT)
a 8led which revealedthat sight
Inkrsecdon sightdisence was reviewedon April12, 2012 during visit,
approachin direction.
R isnotedthatthehighervolmne
distance no issues from
is adequate with any any
eurve
horizoolal with adequatesight
to CR 48 is located
side street approach of a very
on the outside large
sensitive distance
sight side approach
street would be
generally the
The most
linea in each dkection.
large horizontal toward the eastScaled distance off
southbound approach(insideof very curve)
looking
Gem
available adeparturepoint14.5 2. tomthe
aerial 750 ft.is
showa that approximately
photography with
Thevehicledeparturepoint
was determinedinaccordance
nearesttravel east
lane looking
and ITE. All have greater sight
other sipproaches would
established published
guidelines by AASHTO
no availablesight (750
distance f exceeds
t.) therecommended 645 ftstopping sight
available.
distances
65 mph. field
Subsequent to a on
inspection
distancefor vehicles along CR 48 at a speed of
traveling
sight
intersection distance
(over1000 exceeds
feet)
January 14, 2014 that available
it is confamed
recommended stoppingsight on all approaches and in all directions.
distance
signalans(posswere conductedusingthe August 2012hourlyvehunesrecordedalong CR 48 and
Defic
7heresults that
indicate signal
traffic wanants#1
volumes collected
alongDepot La.
the July 2013
hourly analysis
an
In addition,
were antisfied.
(8-Hour volume),#2 (4-Hourvohnne) and #3 (PeakHourVolume)
tens onthe highervolume approach.
minor-street
was done thatconsideredthe of
offe6ts right
were
intersectica considered.Consideringthe effects of
ne 40'ects of right
arn schiclesat the study
vohrme
trafile
60% of the northbound was used as the
nesthboundDepot turns at the intersectiorg
La. right
scenarioeliminates
allthe movements
right-turn
approachvolume volane
on the higher minor-street.
This
8-Hour warrant
volurne
volumes warrant
used in the signal analysis. As a result, only the
from the approach
2
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1279 RECEIVED NYSCEF: 12/16/2022
is satisfied.
When halfof turn volume
the right is added to the through volmne
and left tum on the higher
volume minor-street
approach(80% northboundapproach volume)tramcsignal #1 and #2 are
warrants
satisfied.
CONCLUSIONS; UPDATED
Allpreviousrecommendations fromtechnicalmeanorandum dated April last revised January
4, 2012,
4,2013 havebeen out.
carried
A requestfor sign maintenance
was forwardedto workcrews as approved on November14, 2012 and
revisedon January4, 2013,2hiswok was completedon January 9, 2013.
A requestfor pavementmarkingmaintenance was forwardedto County engineer on April
11, 2012.
County recerdsfadicate
that this work
was completed on August17, 2012.
A request for
speed enforcementwas forwarded on or about
Police Department
to the Southold
November 15, 2012.
Updated tramc volume data (7-Days,
24-Hours)was collected
(ATR) along Depot
in July 2013 Lane
to recordvehicle
volumes north
traveling and southapproachingCR 48.
Updated traffic
volume data has been collated Traffic
and evaluated. SignalWarrantanalyses have
been conducteducingtble data.
Crash dataupdateshave been included
above. 70% of the reported crashes may be of the type
correctable
witha trame signal.
However, the quantity the criteria
of crashes does not satisfy
recommended forTra@c SiguelWarrant #7,Crash when
Experience, consideringthe installation
of a
traffic
control
signal.
Tha existing
tramc algnal flasher
provides of the potential
a visual indication for trame on
activity
approach to the intersection
within this rural
setting.
Updated traffic
signal
warrant analyses indicate signal wammes #l
that traffic (8-Hourvolume),#2 (4-
Hour and #3(Peak Hour Volume) were when
satisfied usingtheAugust 2012 volumealong
volume)
2013
CR 48 and the July volume alongDepot La. signal may be considered.
It appears that atraffic
Considering Depot
of northbound
the effects La. right
turns 60% of the northbound
at the interscotion;
traffic
yolume was used u volume
the approach volume minor-street.
on the higher This scenario
eliminates
all the right-turn
movements warrant
from the approach volumes used in the signal analysis.
the 8-Hour
As a result, only volume warrantin satisfied.
Considering of northbound
the effects Depot La.right 80% of the northbound
turns at the intersection;
volume
traffic volume
was used as the spproach ca the higher
vohune minor-street.
Thisscenario
includeahalfofthe volume
right-turn alongwith thethroughand inmnorthbound
left approach
vohnne warrant
used in the signal analysis. #1 end #2 were eatisfied.
signal warrants
As a result, traffic
It is noted
in the MUTCD of a signal wamat
that satisfaction shall not, in itself,
or warrants require
the installation control
of a trafflo signal
volume
It is noted that all three of the 5-year projected
vehicle warrantsare satisfied 100%
utilizing
and 80% ofthe highervolume minor-street
northboundapproach.
Thisengineeringstudy concludesthat
in accordance with in the 2009 Pederal
guidelines established
Manual on TraffloControlDevices(MUTCD) and2011 New Yo& StateSupplement to the MUTCD
and applying judgmentwhen considering of a new traffic
the installation a
contm!signal,
engineering
traffic
controlsignal
is not recommendedat this time.
RECOMMENDATIONS: UPDATED
" Providea written Police
request to tlie Southold Department for selective enforcement
of the posted 9
speed limit.
lf'
Consider a future
oapital
projectthat addresses the reduction speed along
of vehicle CR 48
enforcement does mot ylald
thvorableresults.
Signal"
" .Considera future
capital
project the upgrade
to consider of the existing
"Flasher at this
intersection, evaluation
including of accident todetermine
data and spot speed study results if a traffic
control
signalis needed to improve
traffic
safetyatthisintersection.
" Close case.
3
Preview
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1279 RECEIVED NYSCEF: 12/16/2022 "U" EX(BIT FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1279 RECEIVED NYSCEF: 12/16/2022 Suffolk County Department of Public Works TrafficEngineering 335 Yaphank Road Yaphank, NY 11980 Study No. (S/N): CR048-2000412 UPDATED STUDY MEMORANDUM Location: CR 48, MiddleRoad at DepotLane, Cutchogue Request: Upgrade Existing Blasher to 3-Color TrafEe Signal Date: December 10, 2013,rev February5, 2014 To: Robert F. Hillman, Engineer Jr. Traffic III Frorn: PatriciaRalph, TrafftoTechnician E RBOUBST: Correspondence fromthe Town dated of Southold, and two letters tosa 12/30/99 individaniresidents, dated 6/23/01 request that a smdy be done to consider the installation and 8/22/02, signal traffic of a 3-color to replace the existing at the above-refined flasher latersection. Preliminary memorandum technical dated January completed 4, 2013rey, this study for fbrther subject to a recommendmion review data collection, and analysia.Further data collection, reviewand analysis has been completed recommended as previously BXISTING CONDITIONS/OBSERVATIONS: CR 48, 1Widdle Road, is classified as an UrbanPrlacipal having two Arterial, lanes in each direction with additional auxiliary sad left lanes for right turn movements.Opposing left-turn on CR48 and right-turns are channelised and delineated whh pavement markings. a grasa/vegetated median, CR 48 rnaintains 20'-30' T wide. north and south on approximately wide and roadwayshouldersat approximately Traffic, Lane, is controlled CR4L asapplemental In addition, flasher Depot withstop signs st the intersectica with is present withred facingDepot indications Lane and amber indimet,ns facingCR 48. Thissegynent of CR 48 is straight and level in proximity to the intersection withaslightborizontal curve to the north, beginning 600' at 55 miles per hour is sight distancerequired approximately east of the intersection. The stopping 495' 570' to motorists west on CR48 to recommended at or at 60 miles and is available per hour, travelling avoid conflicts with vehicles south onDepot La.(which isthe ofthe inside curvewheresightlinesweald be less then the other approaches).Vehiclevolumes less than those on on this approach are substantially the northboundapproach. Depot La. is a two lane, two-wayroadway with center line south a fb11barrier of CR 48 andstoplines on each appmach to CR48. Both roadways are generally and level with straight sight distanes on suffloient allapproaches. to Depot In proximity signals Lane, the nearest traffic along CR48 D.63 miles to the east are opproximately (CoxLane) and 2.66milea to the west (Wickham Avenue). ACCIDENTS: UPDATED DATA REVIEW & ANALYSIS Latestavailable accident three year (36 months) August history; 31, 2009 throughAugust31, 2012 is compiled below. We note the more currentaccident from the Town history of Southold SCPD). (autside FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1279 RECEIVED NYSCEF: 12/16/2022 Right Ped* Lef t Turn Rear Other YEAR in · End to A e O 2009-2010 1 0 0 0 2 ' 2010-201I 2 0 0 0 0 2011-2012 2 0 0 0 3 *Pedemias rate (70%)than prior in the earlier crash data (44%) provided he crash data above shows a greater injay oftheten crashes reported incuned and one injuries tech memo dated January 4, 2013. Seven (7) (10) north vehicle the action of a crashes involved on Depot La. All in a fatality. crash resulted seven of tese he ofcrashes does not reported of a vehicle the righteof-way violating along CR 48. traveling quantity Warrant the reason principal the to consider criteria the crash experience Signal (1taflic as #7), satisfy with correctable the of the crash types toported 70 percent may be installation signal. of a traffic However, signal of a traffic installation STUDIES: UPDATED DATA REVIEW & ANALYSIS the highest pealt hours early evening A arrningmonment countwas conducted on May23, 2012 during 7his activity. traffic the most date between 3pm - 5pm when the minor Lane) experiences street (Depot movements intersection at the in thenorthbound was referenced the pe:cent to approximate turning volume and 40% made a lef t tem direction. that 7he data indicates 40 % of tim appmach approximately consider data was used to the of right effects made a rightturn 20% went and the ramaining straightThis tmns fromthe northbound(higher)approach volume. La. 280 f t. east of Depot . on April A spot speed shuty was conducted 5, 2012 at a location approximately eastbound and westboundtrailio is65 mph and 61mph, speed for the 85th percentile indicating respectively. he is 55 MPH. posted speed liest M-hour, hwfic wlume comå$ were conducted along Depot La. at a point in July 2013 74ay was 100' south of CR48.his data showedthattheaverageweekday traffic (AWDT) approximately northbound 1,446 vehicles, only onDepot La. approximately · were conductedin July 2013 La. at a point along Depot 24.hone,7-dy trQte solume coun8 was 500' northof CR 48. his data showed that the average weekday traffic (AWDT) approximately 467 southbound vehicles, onlyon Depot La. approximately 1.4 miles conniswere conductedin August2012 along CR48at a point 24-hear,74ay tragicsolrone conectedshowed thattheaverageweekday traffic (AWDT) was westof DepotLa. he data This eastbound and 6,849 vehicles westbound. AADT is vehicles 13,860 vehicles;7,011 approximately vehicles recordedatthissame in location 2009. less than the 14,674 slightly (AADT) a 8led which revealedthat sight Inkrsecdon sightdisence was reviewedon April12, 2012 during visit, approachin direction. R isnotedthatthehighervolmne distance no issues from is adequate with any any eurve horizoolal with adequatesight to CR 48 is located side street approach of a very on the outside large sensitive distance sight side approach street would be generally the The most linea in each dkection. large horizontal toward the eastScaled distance off southbound approach(insideof very curve) looking Gem available adeparturepoint14.5 2. tomthe aerial 750 ft.is showa that approximately photography with Thevehicledeparturepoint was determinedinaccordance nearesttravel east lane looking and ITE. All have greater sight other sipproaches would established published guidelines by AASHTO no availablesight (750 distance f exceeds t.) therecommended 645 ftstopping sight available. distances 65 mph. field Subsequent to a on inspection distancefor vehicles along CR 48 at a speed of traveling sight intersection distance (over1000 exceeds feet) January 14, 2014 that available it is confamed recommended stoppingsight on all approaches and in all directions. distance signalans(posswere conductedusingthe August 2012hourlyvehunesrecordedalong CR 48 and Defic 7heresults that indicate signal traffic wanants#1 volumes collected alongDepot La. the July 2013 hourly analysis an In addition, were antisfied. (8-Hour volume),#2 (4-Hourvohnne) and #3 (PeakHourVolume) tens onthe highervolume approach. minor-street was done thatconsideredthe of offe6ts right were intersectica considered.Consideringthe effects of ne 40'ects of right arn schiclesat the study vohrme trafile 60% of the northbound was used as the nesthboundDepot turns at the intersectiorg La. right scenarioeliminates allthe movements right-turn approachvolume volane on the higher minor-street. This 8-Hour warrant volurne volumes warrant used in the signal analysis. As a result, only the from the approach 2 FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1279 RECEIVED NYSCEF: 12/16/2022 is satisfied. When halfof turn volume the right is added to the through volmne and left tum on the higher volume minor-street approach(80% northboundapproach volume)tramcsignal #1 and #2 are warrants satisfied. CONCLUSIONS; UPDATED Allpreviousrecommendations fromtechnicalmeanorandum dated April last revised January 4, 2012, 4,2013 havebeen out. carried A requestfor sign maintenance was forwardedto workcrews as approved on November14, 2012 and revisedon January4, 2013,2hiswok was completedon January 9, 2013. A requestfor pavementmarkingmaintenance was forwardedto County engineer on April 11, 2012. County recerdsfadicate that this work was completed on August17, 2012. A request for speed enforcementwas forwarded on or about Police Department to the Southold November 15, 2012. Updated tramc volume data (7-Days, 24-Hours)was collected (ATR) along Depot in July 2013 Lane to recordvehicle volumes north traveling and southapproachingCR 48. Updated traffic volume data has been collated Traffic and evaluated. SignalWarrantanalyses have been conducteducingtble data. Crash dataupdateshave been included above. 70% of the reported crashes may be of the type correctable witha trame signal. However, the quantity the criteria of crashes does not satisfy recommended forTra@c SiguelWarrant #7,Crash when Experience, consideringthe installation of a traffic control signal. Tha existing tramc algnal flasher provides of the potential a visual indication for trame on activity approach to the intersection within this rural setting. Updated traffic signal warrant analyses indicate signal wammes #l that traffic (8-Hourvolume),#2 (4- Hour and #3(Peak Hour Volume) were when satisfied usingtheAugust 2012 volumealong volume) 2013 CR 48 and the July volume alongDepot La. signal may be considered. It appears that atraffic Considering Depot of northbound the effects La. right turns 60% of the northbound at the interscotion; traffic yolume was used u volume the approach volume minor-street. on the higher This scenario eliminates all the right-turn movements warrant from the approach volumes used in the signal analysis. the 8-Hour As a result, only volume warrantin satisfied. Considering of northbound the effects Depot La.right 80% of the northbound turns at the intersection; volume traffic volume was used as the spproach ca the higher vohune minor-street. Thisscenario includeahalfofthe volume right-turn alongwith thethroughand inmnorthbound left approach vohnne warrant used in the signal analysis. #1 end #2 were eatisfied. signal warrants As a result, traffic It is noted in the MUTCD of a signal wamat that satisfaction shall not, in itself, or warrants require the installation control of a trafflo signal volume It is noted that all three of the 5-year projected vehicle warrantsare satisfied 100% utilizing and 80% ofthe highervolume minor-street northboundapproach. Thisengineeringstudy concludesthat in accordance with in the 2009 Pederal guidelines established Manual on TraffloControlDevices(MUTCD) and2011 New Yo& StateSupplement to the MUTCD and applying judgmentwhen considering of a new traffic the installation a contm!signal, engineering traffic controlsignal is not recommendedat this time. RECOMMENDATIONS: UPDATED " Providea written Police request to tlie Southold Department for selective enforcement of the posted 9 speed limit. lf' Consider a future oapital projectthat addresses the reduction speed along of vehicle CR 48 enforcement does mot ylald thvorableresults. Signal" " .Considera future capital project the upgrade to consider of the existing "Flasher at this intersection, evaluation including of accident todetermine data and spot speed study results if a traffic control signalis needed to improve traffic safetyatthisintersection. " Close case. 3