Preview
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1277 RECEIVED NYSCEF: 12/16/2022
"S"
EXHIBIT
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
SUPREMECOURTOF THE STATEOF NEW YORK 1 A P P E A R A N C E S: (Continued)
NYSCEF DOC. NO. 1277
COUNTYOF SUFFOLK 2 RECEIVED NYSCEF: 12/16/2022
................-------------------------------- 3 JOSEPHJ. TOCK, ESQ.
SUZANNESCHULMANAS ADMINISTRATRIXOFTHE ESTATE Attomey for Plaintiff MelissaA. CraI
OF BRITTNEYM. SCHULMAN,DECEASED,ALICIA M 4 936 Route 6
ARUNDEL,DLGA LIPETS, MINDY GRABINAA/O/E AMY Mahopac, New York 10541
GRABINA,AND MINDY GRABINA,INDIVIDUALLY, STEVEN
BARUCHA/O/E LAURENBARUCH,DECEASED,AND STEVEN BY: JOSEPHJ. TOCK,ESQ.,
BARUCH,INDIVIDUALLY,JOELLEDIMONTE, MELISSAA 6 via web conference
CRAI, ARTHURA BELLIJR AS PARENTAND NATURAL
GUARDIANOF STEPHANIEBELLI, DECEASED,AND AS THE B BLOCKO'TOOLE& MURPHY,LLP
ADMINISTRATOROF THE E/O STEPHANIEBELLI, Attorneys for Arthur A. Belli, Jr. as parent
9 natura'
and guardian of Stephanie Belli,
Plaintiffs,
-against- Index No.: deceased, and as the administrator of the
10 E/O StephangeBelli
611214/15
1 Penn Plaza, Suite 5315
11 New York, New York 10119
ULTIMATECLASSLIMOUSINE,INC., CARLOSF PINO,
D ,
ROMEODIMON MARINE SERVICE,INC., STEVEND ROMEO,
ES
TOWN OF SOUTHOLD,COUNTYOF SUFFOLK,CABOTCOACH
13 vta web conference
BUILDERS,INC D/B/A ROYALELIMOUSINE,XYZ 14
COMPAN1ES1-5 NAMEBEINGFICTITIOUS BUTINTENDED 15
TO BETHE REMANUFACTURERS, BONGIORNO,MONTIGLIO,MITCHELL& PALMIERI,PLLC
DISTRIBUTORS,AND/OR Attorneys for Defendants Ultimate Class
SELLERSOFTHE 2007 LINCOLNTOWN CARSTRETCH 16 Limous-ne, Inc. and Car·osPino
LIMOUSINEINVOLVEDIN THE COLLISION, 200 Old Country Road, Suite 680
Defendants- 17 Mineola, New York 11501
------------------------------------------------× 18 BY: NEIL PALMIERI,ESQ.,
via web conference
December 11, 2020 19
1:06 p.m. 20
21 CASCONE& KLUEPFEL,LLP
EXAMINATIONBEFORETRIAL OF TOWN OF Attorneys for Defendant
SOUTHOLD,a Defendant hereIn, by NEBOYSHAR. 22 Romeo Dimon Marine Service, Inc.
BRASHICH,taken by the attorneys for the 1399 Frankhn Avenue, Suite 302
respective parties, pursuant to Notice, held via 23 Garden City, New York 11530
web conference before Nichole Bugeja, a Stenotype - 24 BY: DAVID F. TAVELLA,ESQ.,
Reporter and Notary Public within and for the via web conference
State of New York. 25
1 3
1 A P P EA R A N C E 5 : 1 A P P E A R A N C ES: (Continued)
2 2
LAWOFFICESOFJOHNL. JULIANO,P.C. 3 LEWISJOHSAVALLONEAVILES,LLP
3 Attorney for Plaintiff SuzanneSchulmanas Attomeys for DefendantStevenRomeo
administratrixof the estateof 4 One CA Plaza,Suite 225
4 Brittney M. Schulman,deceased islandia, NewYork 11749
39 DoyleCourt 5
5 East Northport, NewYork 11731 BY: REBECCADEVLIN,ESQ.,
6 BY: JONATHANJULIANO,ESQ., 6 via web conference
via web conference File No.: 0114.1460.001C
7 7
8 8
THE BONGIORNO I.AW FIRM, PLLC 9 THELAWOFFICESOFTHOMASM. VOLZ,PLLC
9 Attomeysfor Plaintiff Alicia M. Arundel Attorneysfor DefendantTown of Southold
1415Kellum Place,Suite 205 10 280 Smithtown Boulevard
10 GardenCity, New York 11530 Nesconset,NewYork 11767
11 BY: BRANDONCRU2,ESQ., 11
via web conference BY: DAVIDARNTSEN,ESQ.,
12 File No.: 6230.PP 12 via web conference
13 13
14 SULLIVANPAPAINBLOCKMcGRATHCOFFINAS& 14 LAWOFFICESOF VINCENTD. McNAMARA
CANNAVO,P.C. Attorneysfor Defendant County of Suffolk
15 Attomeys for PlauntiffStevenBaruchA/O/E 15 1045Oyster Bay Road,Suite 1
Lauren Baruch,deceased,and Steven Baruch, East Norwich, New York 11732
16 individually 16
33105MainRoad BY: DAVETEIXEIRA,ESQ.,
17 Cutchogue,New York 11935 17 via web conference
18 BY: BETHJABLON,ESQ., 18
via web conference 19
19 LAWOFFICEOF ANDREAG. SAWYERS
20 20 Attorneysfor Defendant
1 PEGALISLAWGROUP,LLC CabotCoachBuilders, Inc.
Attorneysfor Plaintiff JoelleDiMonte 21 P.O.Box 2903
2? OneHollow Lane, Suite 107 Hartford, Connecticut06104-2903
LakeSuccess,NewYork 11042 22
23 BY: STEVENSTEIGERWALD,ESQ.,
BY: GARYNIELSEN,ESQ., 23 via web conference
24 via web conference 24
25
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.
1 NO.
A P P 1277
EA RA N C E S: 1 221 UNIFORMRULESFORTHECoNDUCTOFRECEIVED NYSCEF:
DEPOslTIONS 12/16/2022
(Continued)
2 2
221.3 Communication with the deponent.
3 FRANK 1 LAINE, P.C.
Attorney forPlaintiff
Mindy Grabina A/O/E An attorney shall not interrupt the
4 Amy Grabina, and Mindy Grabina, individually 4 deposition for the purpose of communication with
449 South Oyster Road the deponent unless all parties consent or the
Bay 5 communication is made for the purpose of
5 Plainview,New York 11803
determining whether the question should not be
6 NOT PRESENT 6 answered on the grounds set forth in section
7 221.2 of these rules and, in such event, the
8 PLLC 7 reason for the communication shall be stated for
CHAIKIN,
forPlaintiff the record succinctly and clearly.
Attorney Olga Lipets
9 14 Penn Plaza,Suite5315 rr IS FURTHERSTIPUl.ATEDAND AGREEDthat
New York, New York 10122 9 the transcript may be signed before a Notary
10 Publicwith the same force and effect as if
NOT PRESENT 10 signed before a clerk or a Judge of the court.
11 IT Is FURTHERsTIPUl.ATEDAND AGREEDthat
11
the examination before trial may be utilized for
12 12 all purposes as provided by the CPLR.
13 ALSO PRESENT: 13 IT IS FURTHERSTIPULATEDAND AGREEDthat
OLIVIA SEGOTA, Law Officesof VincentD, all rights provided to all parties by the CPLR
14 14 cannot be deemed waived and the appropriate
McNamara, via web conference
sectionsof the CPLRshall be controlling with
15 15 respect hereto.
16 16 IT Is FURTHERSTIPULATEDAND AGREEDby an
17 between the attorneys for the respective parties
18 17 that a copy of this examination shall be
19 fumished, without charge, to the attorney
18 representing the witness testifying herein.
20 19
21 20
22 21
23 22
23
24 24
25 25
1 221UNIFORM
RULESFORTHECONDUCTOFDEPOsr“lONS 1
2
ATDEPOsr“IONS
221.1osjECHONS 2 (Whereupon, a one-page document entitled
(a)ot ecdonsin general.Noot ections 3 Chapter 260.Vehiclesand Article
Traffic,
w n pursnnH ivls c 4 II,One-Way Streets,was premarked as
tÏ, d)
5 of Rule3115of theOvllPractice
Lawand 5 Plaintiffs'
ExhibitA for as
Identification,
Rules,wouldbewaivedif not interposed,
and
6 exceptIncompliance
withsubdivision
(e) of 6 of this
suchrule, Allot ectionsmadeat a deposition date.)
shaNbenotedby theofficerbeforewhomthe 7 (Whereupon, a two-page document entitled
deposition
Istaken,andtheanswershallbe
8 givenandthedeposition
shallproceedsubject 8 Chapter 13. Committees,Appointment of,was
to theat ecuonsandto dw rightofa person Plaintiffs'
9 to applyfor appropriate
reliefpursuantto 9 premarked as ExhibitB for
Artide31of theCPUL 10
10 as of
Identification, thisdate.)
objectionsrestricted.Every
(b) Speaking
objecdonraisedduringadepositionshallbe 11 a two-pagedocument entitled
11 statedsuccinctly (Whereupon,
andframedsoasnotto
suggestananswerto thedeponentand,at the 12 Chapter 64. Transportation
Access
ethe Plaintiffs'
qstatemea d n 13 Management, was premarked as
13 forrnor otherbasisof erroror irregularity.
14 ExhibitC for as of
Identification, this
Exceptto theextentpermittedby CPLR
Rule3115
14 or by thlsrule,duringthecourseof the 15
personsshallnotmakestatements
examination, date.)
is or comments
thatanterfere
witnthequesuoning. 16 a two-page document entitled
16 (Whereupon,
1- 221.2REFUSAL
TOANSWER WHENOB)ECTIONISMADE.
Adeponentshallanswerallquesdons
at a 17 Chapter 260.Vehicles and Traffic,
Article
e""n 18 I.General was
Provisions, premarked as
Nmitation
setforthin anorderof thecourt, 19 Plaintiffs'
19 or (lli) whenthequestionis plainlyImproper ExhibitD for as
Identification,
andwouM,if answered,
causesignmcant 20 ofthis
20 prejudiceto anyperson.Anattomeyshallnot date.)
directa deponentnotto answerexceptas 21 (Whereupon, McKinney'sTown Law, §64,
21 providedin CPLR
Rufe3115or thissubdivision. Plaintiffs'
Anyrefusalto answeror directionnotto answer 22 was premarked as ExhibitE for
2²
at s th fa t 23 as of this
Identification, date.)
23 doesnotanswera quesnon,
the exanMngparty 24 (Whereupon, McKinney'sTown Law, §64,
shallhavetherightto completetheremainder
of thedepostion. 25 Plaintiffs'
was premarked as ExhibitF for
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
1 1
NYSCEF DOC. NO. 1277 RECEIVED NYSCEF: 12/16/2022
2 as of this
Identification, date.) 2 Commission SoutholdTown Hall4/23/12
3 3 Plaintiffs'
(Whereupon, McKinney'sVehicleand minutes were premarked as
4 TrafficLaw, §153,was premarked as 4 ExhibitR for as of
Identification, this
5 Plaintiffs' 5
ExhibitG for as
Identification, date.)
6 of this
date.) 6 (Whereupon, SoutholdTransportation
7 (Whereupon, McKinney'sVehicle and 7 Commission Southold Town Hall6/25/12
8 8 Plaintiffs'
TrafficLaw,§1660, was premarked as minutes were premarked as
9 Plaintiffs' 9
ExhibitH for as
Identification, ExhibitS for as of
Identification, this
10 ofthisdate.) 10 date.)
11 (Whereupon, McKinney'sVehicleand 11 (Whereupon, Southold Town Planning Board
12 Plaintiffs'
TrafficLaw,§1682 was premarked as 12 6/3/13 minutes were premarked as
13 Plaintiffs' 13
ExhibitI for as
Identification, ExhibitT for as of this
Identification,
14 of this
date.) 14 date.)
15 (Whereupon, SoutholdTransportation 15 (whereupon, Southold Town Planning Board
16 Plaintiffs'
16 Committee meeting minutes from 9/13/99 was 7/1/13 minutes were premarked as
17 Plaintiffs' 17
premarked as ExhibitJ for ExhibitU for as of
Identification, this
18 as of this
Identification, date.) 18 date.)
19 (Whereupon, SoutholdTransportation 19 (Whereupon, Southold Transportation
20 Committee meeting minutes from 12/20/99 was 20 Commission SoutholdTown Hall6/17/13
21 Plaintiffs' 21 Plaintiffs'
premarked as ExhibitK for minutes were premarked as
22 as of this
Identification, date.) 22 ExhibitV for as of this
Identification,
23 (Whereupon, County of Suffolk
Department 23 date.)
24 of Public
Works correspondence dated2/2/00 24 (Whereupon, a SoutholdTransportation
Plaintiffs'
25 was premarked as ExhibitL for 25 memo dated 6/26/13 was premarked as
9 11
1 1
2 Plaintiffs'
as of this date.)
Identification, 2 ExhibitW for as
Identification,
3 (Whereupon, FacsimilefromMr. Brashich 3 ofthisdate.)
4 to A. Neville
Elizabeth dated1/13/00 was 4 (Whereupon, a planningboard officememo
5 Plaintiffs' 5 Plaintiffs'
premarked as ExhibitM for dated 7/11/13 was premarked as
6 as of this
Identification, date.) 6 ExhibitX for as of
Identification, this
7 (Whereupon, SoutholdTransportation 7 date.)
8 Commission 10/31/06 meetingminutes were 8 (Whereupon, SoutholdTransportation
9 Plaintiffs' 9
premarked as ExhibitN for Commission SoutholdTown Hall7/22/13
10 Plaintiffs'
as of this
Identification, date.) 10 minutes were premarked as
11 (Whereupon, a SoutholdTransportation 11 ExhibitY for as of
Identification, this
12 Commission memo dated 5/27/08was premarked 12 date.)
13 Plaintiffs' 13
as ExhibitO forIdentification, (Whereupon, a planningboard officememo
1% 14 Plaintiffs'
as ofthis date.) dated 8/6/13was premarked as
15 (Whereupon, SoutholdTransportation 15 ExhibitZ for as of
Identification, this
16 Commission SoutholdTown Hall 9/28/08 16 date.)
17 Plaintiffs' 17
minutes were premarked as (Whereupon, a Town ofSouthold Zoning
18 ExhibitP for as of this
Identification, 18 Board of Appealsaddendum to winery event
19 19 Plaintiffs'
date.) permitwas premarked as Exhibit
20 (Whereupon, SoutholdTransportation 20 AA for as of this
Identification, date.)
21 Commission SoutholdTown Hall11/28/11 21 THE COURT REPORTER: BeforeI swear in
22 Plaintiffs' 22
minutes werepremarked as thewitness, ask each
I will counsel to
23 Exhibit
Q for as of this
Identification, 23 stipulate
on the recordthatdue to the
24 date.) 24 currentnationalemergency regardingthe
25 (Whereupon, SoutholdTransportation 25 the
coronavirus, courtreportermay swear in
1O 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.
1 NO. 1277 1 N. Brashich RECEIVED NYSCEF: 12/16/2022
2 the witness even though she is not 2 A. Um retiredForeign Serviceofficer.
3 physicallyin thepresence of thewitness 3 Q. When you say retiredForeign Service
4 and that there is noobjection to thatat 4 was
officer, that the UnitedStates Foreign
5 thistime, nor willtherebe an objection to 5 Service?
6 it at
a laterdate. 6 A. Yes.
7 MR. TOCK: So stipulated. 7 Q. When did you retire?
8 MR. CRUZ: Agreed. 8 A. In 1988.
9 MS. JABLON: So stipulated. 9 Q. Can you tellme your highest levelof
10 MR. NIELSEN: Stipulated. 10 education, sir?
11 MR. PALMIERI: Agreed. 11 A. I have degree.
a bachelor's
12 MS. DEVLIN: Agreed. 12 Q. Where didyou earn the bachelor's
13 MR. ARNTSEN: Agreed. 13 degree?
14 MR. SEIDEN: So stipulated. 14 A. TrinityCollege in Hartford,
15 MR. TEIXEIRA: Agreed. 15 Connecticut.
16 MR. STEIGERWALD: So stipulated. 16 Q. Sir,do you have any professional
17 MR. TAVELLA: Agreed. 17 licenses?
18 N EB O Y S H A R. B R A S H I C H, called 18 A. No.
19 as a witness, having been duly sworn by a 19 Q. The address thatyou gave in Cutchogue,
20 Notary Publicof the Stateof New York, was 20 how longhave you livedat thataddress?
21 examined and testified
as follows: 21 A. Twelve years.
22 EXAMINATION BY 22 Q. Priortothat,where didyou live?
23 GARY NIELSEN, ESQ.: 23 A. In New Suffolk.
24 Q. Please stateyour fullname forthe 24 Q. New Suffolkis -- withdrawn.
25 record. 25 Cutchogue is --
13 15
1 N. Brashich 1 N. Brashich
2 A. Neboysha R. Brashich. 2 A. New York.
3 Q. What address?
is your 3 Q. Let me justfinishthe question.
4 A. 175 Emory Road, Cutchogue, New York 4 A. Tm sorry.
5 11935. 5 Q. Cutchogue is within
the Town of
6 Q. Mr. Um going
Brashich, tostart. My 6 Southold; is thatcorrect?
7 name is GaryNielsen.I am a lawyerwith the 7 A. Correct.
8 PegalisLaw Group. My law firmrepresents one of 8 Q. And New Suffolkis also
within the Town
9 the young ladieswho was involvedin themotor 9 of Southold?
10 vehicleaccidenton July18, 2015,at the 10 A. Yes.
11 intersection
of CountyRoad 48 and Depot Lane. 11 Q. Thank you. Were you evera member of
12 My clientsname is Joele
DiMonte, and she was 12 something calledtheTown of Southold
13 one of thesurvivorsofthatincident. 13 Transportation Commission?
14 We're goingto be askingsome questions 14 A. Yes.
15 today concerningyour knowledge and your roleat 15 Q. Were you, in fact,
thechairman of the
16 theTown of SoutholdTransportationCommission. 16 commission? 1
17 Ifyou don'tunderstand my question,pleaselet 17 A. Yes.
18 me know, and rII
tryto stateitin a waythat 18 Q. When was thefirst
year that you were
19 you can understand. 19 chairman of theTransportation Commission?
20 You cannot giveanswers, however, in the 20 A. 2000.
21 form of a shakeofa head or any othernonverbal 21 Q. Are you still
a member?
22 response. With thatsaid, thank
sir, you for 22 A. No.
23 testifying
today,and we'IIstarta new question. 23 Q. When was thelasttime you were a
24 Mr. can you
Brashich, tellme your 24 member?
25 occupation,please? 25 A. June 30 --Tm sorry.April30th, 2020.
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
1 N. Brashich 1 N. Brashich
NYSCEF DOC. NO. 1277 RECEIVED NYSCEF: 12/16/2022
2 Q. Thats a twenty-yeartime span,correct? 2 Q. We've put up ExhibitC, whichis another
3 A. Yes. 3 provisionfrom theTown of SoutholdTown Code,
4 Q. thattwenty-year time span,were 4 are you familiar
with Chapter64 --
During
5 you always thechairman ofthe commission? 5 A. Yes.
6 A. Yes. 6 Q. -- ofthe town code? Okay.
7 Q. During yourtenure withthe commission, 7 The heading is Transportation
Access
8 were you aware that thecommission was,in fact, 8 Management, is that
right?
9 establishedby thetown board? 9 A. Yes.
10 A. Yes. 10 Q. Is,in fact,
the transportation
11 MR. NIELSEN: Nichole,if youcouldput 11 commission establishedin this
sectionof the
12 ExhibitB up on thescreen forjusta 12 town code, on thenext page ofthisdocument?
13 minute. 13 MR. ARNTSEN: Note my objection. The
14 Q. Mr. Brashich,can you see thedocument 14 code provision
says what it says,
but he can
15 on the screen? 15 answer.
16 A. Yes. 16 MR. NIELSEN: Can you scroll
to the next
17 Q. Are you familiar
with the-- just
in 17 page.
18 general terms,with thetown code of theTown of 18 Q. filrestatequestion.Do you see
19 Southold? 19 Section64-4, Mr.Brashich?
20 A. Yes. 20 A. Yes.
21 Q. Ifyou lookat ExhibitB, is it your 21 Q. Is it your
understandingthatthats the
22 understandingthatthisis theprovisionin the 22 provisionin thetown code thatestablishedthe
23 town code which authorizedthe establishmentof 23 Southold TransportationCommission?
24 the transportation
commission? 24 A. Yes.
25 A. Yes. 25 MR. ARNTSEN: Objectionto theform.
17 19
1 N. Brashich 1 N. Brashich
2 Q. The provisionin thetown code says that 2 You can answer.
3 each committee shallbe accountable to thetown 3 Q. Section64-5 of thetown code documents
4 board unlessotherwise directed.Was thatyour 4 the dutiesofthe commission, does it not?
5 understanding,thatthe commission was 5 A. Yes.
6 accountable to thetown board? 6 Q. Thank you. In Section64-5,Subsection
7 A. Yes. 7 C, doesthe provisionin thetown code indicate
8 MR. NIELSEN: We can takethe exhibit 8 thatthe transportationcommission has some
9 down. 9 responsibilities
with respecttotraffic
safety?
10 Q. Was it your
understanding thata roleof 10 MR. ARNTSEN: Objection tothe form.
11 the commission was to assist
the town board in 11 Q. You can read throughit.
12 the performance of its duties? 12 A. Yes.
13 MR. ARNTSEN: Note my objectiontothe 13 Q. Was thatyour understandingas the
14 form. You can answer. 14 chairman ofthe commission, thatone of the
15 MR. NIELSEN: Can the witnessanswer? 15 concerns ofthe commission would be traffic
16 MR. ARNTSEN: Yes. 16 safetywithinthe roads and highways in theTown
17 Q. FII restate
the question,Was it your 17 of Southold?
18 understanding thatthe a roleofthe commission 18 A. Withinthe roads, thetown roads.
19 was to assist
the town board in -- 19 Q. In SectionD --
20 A. Yes. 20 MR. ARNTSEN: Note my objection. The
21 Q. -- theperformance of its duties? 21 provisionsays what in terms
it says of the
22 A. Yes. 22 duties,butthe witness cananswer questions
23 Q. Thank you. 23 thatdon'ttry tointerpretthe statute.
24 MR. NIELSEN: Nichole,if youcouldput 24 MR. NIELSEN: Thank you, David. I was
25 up ExhibitC. 25 not askingforhim to interpret
the statute.
.8 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 1
DOC. NO. 1277 N. Brashich 1 N. Brashich RECEIVED NYSCEF: 12/16/2022
2 I wasasking for of the
his understanding 2 A. Yes.
3 of the
re
Preview
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1277 RECEIVED NYSCEF: 12/16/2022 "S" EXHIBIT FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 SUPREMECOURTOF THE STATEOF NEW YORK 1 A P P E A R A N C E S: (Continued) NYSCEF DOC. NO. 1277 COUNTYOF SUFFOLK 2 RECEIVED NYSCEF: 12/16/2022 ................-------------------------------- 3 JOSEPHJ. TOCK, ESQ. SUZANNESCHULMANAS ADMINISTRATRIXOFTHE ESTATE Attomey for Plaintiff MelissaA. CraI OF BRITTNEYM. SCHULMAN,DECEASED,ALICIA M 4 936 Route 6 ARUNDEL,DLGA LIPETS, MINDY GRABINAA/O/E AMY Mahopac, New York 10541 GRABINA,AND MINDY GRABINA,INDIVIDUALLY, STEVEN BARUCHA/O/E LAURENBARUCH,DECEASED,AND STEVEN BY: JOSEPHJ. TOCK,ESQ., BARUCH,INDIVIDUALLY,JOELLEDIMONTE, MELISSAA 6 via web conference CRAI, ARTHURA BELLIJR AS PARENTAND NATURAL GUARDIANOF STEPHANIEBELLI, DECEASED,AND AS THE B BLOCKO'TOOLE& MURPHY,LLP ADMINISTRATOROF THE E/O STEPHANIEBELLI, Attorneys for Arthur A. Belli, Jr. as parent 9 natura' and guardian of Stephanie Belli, Plaintiffs, -against- Index No.: deceased, and as the administrator of the 10 E/O StephangeBelli 611214/15 1 Penn Plaza, Suite 5315 11 New York, New York 10119 ULTIMATECLASSLIMOUSINE,INC., CARLOSF PINO, D , ROMEODIMON MARINE SERVICE,INC., STEVEND ROMEO, ES TOWN OF SOUTHOLD,COUNTYOF SUFFOLK,CABOTCOACH 13 vta web conference BUILDERS,INC D/B/A ROYALELIMOUSINE,XYZ 14 COMPAN1ES1-5 NAMEBEINGFICTITIOUS BUTINTENDED 15 TO BETHE REMANUFACTURERS, BONGIORNO,MONTIGLIO,MITCHELL& PALMIERI,PLLC DISTRIBUTORS,AND/OR Attorneys for Defendants Ultimate Class SELLERSOFTHE 2007 LINCOLNTOWN CARSTRETCH 16 Limous-ne, Inc. and Car·osPino LIMOUSINEINVOLVEDIN THE COLLISION, 200 Old Country Road, Suite 680 Defendants- 17 Mineola, New York 11501 ------------------------------------------------× 18 BY: NEIL PALMIERI,ESQ., via web conference December 11, 2020 19 1:06 p.m. 20 21 CASCONE& KLUEPFEL,LLP EXAMINATIONBEFORETRIAL OF TOWN OF Attorneys for Defendant SOUTHOLD,a Defendant hereIn, by NEBOYSHAR. 22 Romeo Dimon Marine Service, Inc. BRASHICH,taken by the attorneys for the 1399 Frankhn Avenue, Suite 302 respective parties, pursuant to Notice, held via 23 Garden City, New York 11530 web conference before Nichole Bugeja, a Stenotype - 24 BY: DAVID F. TAVELLA,ESQ., Reporter and Notary Public within and for the via web conference State of New York. 25 1 3 1 A P P EA R A N C E 5 : 1 A P P E A R A N C ES: (Continued) 2 2 LAWOFFICESOFJOHNL. JULIANO,P.C. 3 LEWISJOHSAVALLONEAVILES,LLP 3 Attorney for Plaintiff SuzanneSchulmanas Attomeys for DefendantStevenRomeo administratrixof the estateof 4 One CA Plaza,Suite 225 4 Brittney M. Schulman,deceased islandia, NewYork 11749 39 DoyleCourt 5 5 East Northport, NewYork 11731 BY: REBECCADEVLIN,ESQ., 6 BY: JONATHANJULIANO,ESQ., 6 via web conference via web conference File No.: 0114.1460.001C 7 7 8 8 THE BONGIORNO I.AW FIRM, PLLC 9 THELAWOFFICESOFTHOMASM. VOLZ,PLLC 9 Attomeysfor Plaintiff Alicia M. Arundel Attorneysfor DefendantTown of Southold 1415Kellum Place,Suite 205 10 280 Smithtown Boulevard 10 GardenCity, New York 11530 Nesconset,NewYork 11767 11 BY: BRANDONCRU2,ESQ., 11 via web conference BY: DAVIDARNTSEN,ESQ., 12 File No.: 6230.PP 12 via web conference 13 13 14 SULLIVANPAPAINBLOCKMcGRATHCOFFINAS& 14 LAWOFFICESOF VINCENTD. McNAMARA CANNAVO,P.C. Attorneysfor Defendant County of Suffolk 15 Attomeys for PlauntiffStevenBaruchA/O/E 15 1045Oyster Bay Road,Suite 1 Lauren Baruch,deceased,and Steven Baruch, East Norwich, New York 11732 16 individually 16 33105MainRoad BY: DAVETEIXEIRA,ESQ., 17 Cutchogue,New York 11935 17 via web conference 18 BY: BETHJABLON,ESQ., 18 via web conference 19 19 LAWOFFICEOF ANDREAG. SAWYERS 20 20 Attorneysfor Defendant 1 PEGALISLAWGROUP,LLC CabotCoachBuilders, Inc. Attorneysfor Plaintiff JoelleDiMonte 21 P.O.Box 2903 2? OneHollow Lane, Suite 107 Hartford, Connecticut06104-2903 LakeSuccess,NewYork 11042 22 23 BY: STEVENSTEIGERWALD,ESQ., BY: GARYNIELSEN,ESQ., 23 via web conference 24 via web conference 24 25 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. 1 NO. A P P 1277 EA RA N C E S: 1 221 UNIFORMRULESFORTHECoNDUCTOFRECEIVED NYSCEF: DEPOslTIONS 12/16/2022 (Continued) 2 2 221.3 Communication with the deponent. 3 FRANK 1 LAINE, P.C. Attorney forPlaintiff Mindy Grabina A/O/E An attorney shall not interrupt the 4 Amy Grabina, and Mindy Grabina, individually 4 deposition for the purpose of communication with 449 South Oyster Road the deponent unless all parties consent or the Bay 5 communication is made for the purpose of 5 Plainview,New York 11803 determining whether the question should not be 6 NOT PRESENT 6 answered on the grounds set forth in section 7 221.2 of these rules and, in such event, the 8 PLLC 7 reason for the communication shall be stated for CHAIKIN, forPlaintiff the record succinctly and clearly. Attorney Olga Lipets 9 14 Penn Plaza,Suite5315 rr IS FURTHERSTIPUl.ATEDAND AGREEDthat New York, New York 10122 9 the transcript may be signed before a Notary 10 Publicwith the same force and effect as if NOT PRESENT 10 signed before a clerk or a Judge of the court. 11 IT Is FURTHERsTIPUl.ATEDAND AGREEDthat 11 the examination before trial may be utilized for 12 12 all purposes as provided by the CPLR. 13 ALSO PRESENT: 13 IT IS FURTHERSTIPULATEDAND AGREEDthat OLIVIA SEGOTA, Law Officesof VincentD, all rights provided to all parties by the CPLR 14 14 cannot be deemed waived and the appropriate McNamara, via web conference sectionsof the CPLRshall be controlling with 15 15 respect hereto. 16 16 IT Is FURTHERSTIPULATEDAND AGREEDby an 17 between the attorneys for the respective parties 18 17 that a copy of this examination shall be 19 fumished, without charge, to the attorney 18 representing the witness testifying herein. 20 19 21 20 22 21 23 22 23 24 24 25 25 1 221UNIFORM RULESFORTHECONDUCTOFDEPOsr“lONS 1 2 ATDEPOsr“IONS 221.1osjECHONS 2 (Whereupon, a one-page document entitled (a)ot ecdonsin general.Noot ections 3 Chapter 260.Vehiclesand Article Traffic, w n pursnnH ivls c 4 II,One-Way Streets,was premarked as tÏ, d) 5 of Rule3115of theOvllPractice Lawand 5 Plaintiffs' ExhibitA for as Identification, Rules,wouldbewaivedif not interposed, and 6 exceptIncompliance withsubdivision (e) of 6 of this suchrule, Allot ectionsmadeat a deposition date.) shaNbenotedby theofficerbeforewhomthe 7 (Whereupon, a two-page document entitled deposition Istaken,andtheanswershallbe 8 givenandthedeposition shallproceedsubject 8 Chapter 13. Committees,Appointment of,was to theat ecuonsandto dw rightofa person Plaintiffs' 9 to applyfor appropriate reliefpursuantto 9 premarked as ExhibitB for Artide31of theCPUL 10 10 as of Identification, thisdate.) objectionsrestricted.Every (b) Speaking objecdonraisedduringadepositionshallbe 11 a two-pagedocument entitled 11 statedsuccinctly (Whereupon, andframedsoasnotto suggestananswerto thedeponentand,at the 12 Chapter 64. Transportation Access ethe Plaintiffs' qstatemea d n 13 Management, was premarked as 13 forrnor otherbasisof erroror irregularity. 14 ExhibitC for as of Identification, this Exceptto theextentpermittedby CPLR Rule3115 14 or by thlsrule,duringthecourseof the 15 personsshallnotmakestatements examination, date.) is or comments thatanterfere witnthequesuoning. 16 a two-page document entitled 16 (Whereupon, 1- 221.2REFUSAL TOANSWER WHENOB)ECTIONISMADE. Adeponentshallanswerallquesdons at a 17 Chapter 260.Vehicles and Traffic, Article e""n 18 I.General was Provisions, premarked as Nmitation setforthin anorderof thecourt, 19 Plaintiffs' 19 or (lli) whenthequestionis plainlyImproper ExhibitD for as Identification, andwouM,if answered, causesignmcant 20 ofthis 20 prejudiceto anyperson.Anattomeyshallnot date.) directa deponentnotto answerexceptas 21 (Whereupon, McKinney'sTown Law, §64, 21 providedin CPLR Rufe3115or thissubdivision. Plaintiffs' Anyrefusalto answeror directionnotto answer 22 was premarked as ExhibitE for 2² at s th fa t 23 as of this Identification, date.) 23 doesnotanswera quesnon, the exanMngparty 24 (Whereupon, McKinney'sTown Law, §64, shallhavetherightto completetheremainder of thedepostion. 25 Plaintiffs' was premarked as ExhibitF for 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 1 1 NYSCEF DOC. NO. 1277 RECEIVED NYSCEF: 12/16/2022 2 as of this Identification, date.) 2 Commission SoutholdTown Hall4/23/12 3 3 Plaintiffs' (Whereupon, McKinney'sVehicleand minutes were premarked as 4 TrafficLaw, §153,was premarked as 4 ExhibitR for as of Identification, this 5 Plaintiffs' 5 ExhibitG for as Identification, date.) 6 of this date.) 6 (Whereupon, SoutholdTransportation 7 (Whereupon, McKinney'sVehicle and 7 Commission Southold Town Hall6/25/12 8 8 Plaintiffs' TrafficLaw,§1660, was premarked as minutes were premarked as 9 Plaintiffs' 9 ExhibitH for as Identification, ExhibitS for as of Identification, this 10 ofthisdate.) 10 date.) 11 (Whereupon, McKinney'sVehicleand 11 (Whereupon, Southold Town Planning Board 12 Plaintiffs' TrafficLaw,§1682 was premarked as 12 6/3/13 minutes were premarked as 13 Plaintiffs' 13 ExhibitI for as Identification, ExhibitT for as of this Identification, 14 of this date.) 14 date.) 15 (Whereupon, SoutholdTransportation 15 (whereupon, Southold Town Planning Board 16 Plaintiffs' 16 Committee meeting minutes from 9/13/99 was 7/1/13 minutes were premarked as 17 Plaintiffs' 17 premarked as ExhibitJ for ExhibitU for as of Identification, this 18 as of this Identification, date.) 18 date.) 19 (Whereupon, SoutholdTransportation 19 (Whereupon, Southold Transportation 20 Committee meeting minutes from 12/20/99 was 20 Commission SoutholdTown Hall6/17/13 21 Plaintiffs' 21 Plaintiffs' premarked as ExhibitK for minutes were premarked as 22 as of this Identification, date.) 22 ExhibitV for as of this Identification, 23 (Whereupon, County of Suffolk Department 23 date.) 24 of Public Works correspondence dated2/2/00 24 (Whereupon, a SoutholdTransportation Plaintiffs' 25 was premarked as ExhibitL for 25 memo dated 6/26/13 was premarked as 9 11 1 1 2 Plaintiffs' as of this date.) Identification, 2 ExhibitW for as Identification, 3 (Whereupon, FacsimilefromMr. Brashich 3 ofthisdate.) 4 to A. Neville Elizabeth dated1/13/00 was 4 (Whereupon, a planningboard officememo 5 Plaintiffs' 5 Plaintiffs' premarked as ExhibitM for dated 7/11/13 was premarked as 6 as of this Identification, date.) 6 ExhibitX for as of Identification, this 7 (Whereupon, SoutholdTransportation 7 date.) 8 Commission 10/31/06 meetingminutes were 8 (Whereupon, SoutholdTransportation 9 Plaintiffs' 9 premarked as ExhibitN for Commission SoutholdTown Hall7/22/13 10 Plaintiffs' as of this Identification, date.) 10 minutes were premarked as 11 (Whereupon, a SoutholdTransportation 11 ExhibitY for as of Identification, this 12 Commission memo dated 5/27/08was premarked 12 date.) 13 Plaintiffs' 13 as ExhibitO forIdentification, (Whereupon, a planningboard officememo 1% 14 Plaintiffs' as ofthis date.) dated 8/6/13was premarked as 15 (Whereupon, SoutholdTransportation 15 ExhibitZ for as of Identification, this 16 Commission SoutholdTown Hall 9/28/08 16 date.) 17 Plaintiffs' 17 minutes were premarked as (Whereupon, a Town ofSouthold Zoning 18 ExhibitP for as of this Identification, 18 Board of Appealsaddendum to winery event 19 19 Plaintiffs' date.) permitwas premarked as Exhibit 20 (Whereupon, SoutholdTransportation 20 AA for as of this Identification, date.) 21 Commission SoutholdTown Hall11/28/11 21 THE COURT REPORTER: BeforeI swear in 22 Plaintiffs' 22 minutes werepremarked as thewitness, ask each I will counsel to 23 Exhibit Q for as of this Identification, 23 stipulate on the recordthatdue to the 24 date.) 24 currentnationalemergency regardingthe 25 (Whereupon, SoutholdTransportation 25 the coronavirus, courtreportermay swear in 1O 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. 1 NO. 1277 1 N. Brashich RECEIVED NYSCEF: 12/16/2022 2 the witness even though she is not 2 A. Um retiredForeign Serviceofficer. 3 physicallyin thepresence of thewitness 3 Q. When you say retiredForeign Service 4 and that there is noobjection to thatat 4 was officer, that the UnitedStates Foreign 5 thistime, nor willtherebe an objection to 5 Service? 6 it at a laterdate. 6 A. Yes. 7 MR. TOCK: So stipulated. 7 Q. When did you retire? 8 MR. CRUZ: Agreed. 8 A. In 1988. 9 MS. JABLON: So stipulated. 9 Q. Can you tellme your highest levelof 10 MR. NIELSEN: Stipulated. 10 education, sir? 11 MR. PALMIERI: Agreed. 11 A. I have degree. a bachelor's 12 MS. DEVLIN: Agreed. 12 Q. Where didyou earn the bachelor's 13 MR. ARNTSEN: Agreed. 13 degree? 14 MR. SEIDEN: So stipulated. 14 A. TrinityCollege in Hartford, 15 MR. TEIXEIRA: Agreed. 15 Connecticut. 16 MR. STEIGERWALD: So stipulated. 16 Q. Sir,do you have any professional 17 MR. TAVELLA: Agreed. 17 licenses? 18 N EB O Y S H A R. B R A S H I C H, called 18 A. No. 19 as a witness, having been duly sworn by a 19 Q. The address thatyou gave in Cutchogue, 20 Notary Publicof the Stateof New York, was 20 how longhave you livedat thataddress? 21 examined and testified as follows: 21 A. Twelve years. 22 EXAMINATION BY 22 Q. Priortothat,where didyou live? 23 GARY NIELSEN, ESQ.: 23 A. In New Suffolk. 24 Q. Please stateyour fullname forthe 24 Q. New Suffolkis -- withdrawn. 25 record. 25 Cutchogue is -- 13 15 1 N. Brashich 1 N. Brashich 2 A. Neboysha R. Brashich. 2 A. New York. 3 Q. What address? is your 3 Q. Let me justfinishthe question. 4 A. 175 Emory Road, Cutchogue, New York 4 A. Tm sorry. 5 11935. 5 Q. Cutchogue is within the Town of 6 Q. Mr. Um going Brashich, tostart. My 6 Southold; is thatcorrect? 7 name is GaryNielsen.I am a lawyerwith the 7 A. Correct. 8 PegalisLaw Group. My law firmrepresents one of 8 Q. And New Suffolkis also within the Town 9 the young ladieswho was involvedin themotor 9 of Southold? 10 vehicleaccidenton July18, 2015,at the 10 A. Yes. 11 intersection of CountyRoad 48 and Depot Lane. 11 Q. Thank you. Were you evera member of 12 My clientsname is Joele DiMonte, and she was 12 something calledtheTown of Southold 13 one of thesurvivorsofthatincident. 13 Transportation Commission? 14 We're goingto be askingsome questions 14 A. Yes. 15 today concerningyour knowledge and your roleat 15 Q. Were you, in fact, thechairman of the 16 theTown of SoutholdTransportationCommission. 16 commission? 1 17 Ifyou don'tunderstand my question,pleaselet 17 A. Yes. 18 me know, and rII tryto stateitin a waythat 18 Q. When was thefirst year that you were 19 you can understand. 19 chairman of theTransportation Commission? 20 You cannot giveanswers, however, in the 20 A. 2000. 21 form of a shakeofa head or any othernonverbal 21 Q. Are you still a member? 22 response. With thatsaid, thank sir, you for 22 A. No. 23 testifying today,and we'IIstarta new question. 23 Q. When was thelasttime you were a 24 Mr. can you Brashich, tellme your 24 member? 25 occupation,please? 25 A. June 30 --Tm sorry.April30th, 2020. 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 1 N. Brashich 1 N. Brashich NYSCEF DOC. NO. 1277 RECEIVED NYSCEF: 12/16/2022 2 Q. Thats a twenty-yeartime span,correct? 2 Q. We've put up ExhibitC, whichis another 3 A. Yes. 3 provisionfrom theTown of SoutholdTown Code, 4 Q. thattwenty-year time span,were 4 are you familiar with Chapter64 -- During 5 you always thechairman ofthe commission? 5 A. Yes. 6 A. Yes. 6 Q. -- ofthe town code? Okay. 7 Q. During yourtenure withthe commission, 7 The heading is Transportation Access 8 were you aware that thecommission was,in fact, 8 Management, is that right? 9 establishedby thetown board? 9 A. Yes. 10 A. Yes. 10 Q. Is,in fact, the transportation 11 MR. NIELSEN: Nichole,if youcouldput 11 commission establishedin this sectionof the 12 ExhibitB up on thescreen forjusta 12 town code, on thenext page ofthisdocument? 13 minute. 13 MR. ARNTSEN: Note my objection. The 14 Q. Mr. Brashich,can you see thedocument 14 code provision says what it says, but he can 15 on the screen? 15 answer. 16 A. Yes. 16 MR. NIELSEN: Can you scroll to the next 17 Q. Are you familiar with the-- just in 17 page. 18 general terms,with thetown code of theTown of 18 Q. filrestatequestion.Do you see 19 Southold? 19 Section64-4, Mr.Brashich? 20 A. Yes. 20 A. Yes. 21 Q. Ifyou lookat ExhibitB, is it your 21 Q. Is it your understandingthatthats the 22 understandingthatthisis theprovisionin the 22 provisionin thetown code thatestablishedthe 23 town code which authorizedthe establishmentof 23 Southold TransportationCommission? 24 the transportation commission? 24 A. Yes. 25 A. Yes. 25 MR. ARNTSEN: Objectionto theform. 17 19 1 N. Brashich 1 N. Brashich 2 Q. The provisionin thetown code says that 2 You can answer. 3 each committee shallbe accountable to thetown 3 Q. Section64-5 of thetown code documents 4 board unlessotherwise directed.Was thatyour 4 the dutiesofthe commission, does it not? 5 understanding,thatthe commission was 5 A. Yes. 6 accountable to thetown board? 6 Q. Thank you. In Section64-5,Subsection 7 A. Yes. 7 C, doesthe provisionin thetown code indicate 8 MR. NIELSEN: We can takethe exhibit 8 thatthe transportationcommission has some 9 down. 9 responsibilities with respecttotraffic safety? 10 Q. Was it your understanding thata roleof 10 MR. ARNTSEN: Objection tothe form. 11 the commission was to assist the town board in 11 Q. You can read throughit. 12 the performance of its duties? 12 A. Yes. 13 MR. ARNTSEN: Note my objectiontothe 13 Q. Was thatyour understandingas the 14 form. You can answer. 14 chairman ofthe commission, thatone of the 15 MR. NIELSEN: Can the witnessanswer? 15 concerns ofthe commission would be traffic 16 MR. ARNTSEN: Yes. 16 safetywithinthe roads and highways in theTown 17 Q. FII restate the question,Was it your 17 of Southold? 18 understanding thatthe a roleofthe commission 18 A. Withinthe roads, thetown roads. 19 was to assist the town board in -- 19 Q. In SectionD -- 20 A. Yes. 20 MR. ARNTSEN: Note my objection. The 21 Q. -- theperformance of its duties? 21 provisionsays what in terms it says of the 22 A. Yes. 22 duties,butthe witness cananswer questions 23 Q. Thank you. 23 thatdon'ttry tointerpretthe statute. 24 MR. NIELSEN: Nichole,if youcouldput 24 MR. NIELSEN: Thank you, David. I was 25 up ExhibitC. 25 not askingforhim to interpret the statute. .8 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 1 DOC. NO. 1277 N. Brashich 1 N. Brashich RECEIVED NYSCEF: 12/16/2022 2 I wasasking for of the his understanding 2 A. Yes. 3 of the re