Preview
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1280 RECEIVED NYSCEF: 12/16/2022
"V"
EXHIBIT
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1280 RECEIVED NYSCEF: 12/16/2022
1
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
________________________________________________
SUZANNE SCHULMAN AS ADMINISTRATRIX OF THE ESTATE
OF BRITTNEY M. SCHULMAN, DECEASED, ALICIA M
ARUNDEL, OLGA LIPETS, MINDY GRABINA A/O/E AMY
GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, STEVEN
BARUCH A/O/E LAUREN BARUCH, DECEASED, AND STEVEN
BARUCH, INDIVIDUALLY, JOELLE DIMONTE, MELISSA A
CRAI, ARTHUR A BELLI JR AS PARENT AND NATURAL
GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE
ADMINISTRATOR OF THE E/O STEPHANIE BELLI,
Plaintiffs,
-against- Index No.:
611214/15
ULTIMATE CLASS LIMOUSINE, INC., CARLOS F PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN D ROMEO,
TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH
BUILDERS, INC D/B/A ROYALE LIMOUSINE, 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,
Defendants.
________________________________________________
1 CA Plaza
Islandia, New York
December 2, 2019
10:10 a.m.
EXAMINATION BEFORE TRIAL OF TOWN OF
SOUTHOLD, by ELIZABETH ANN NEVILLE, a Defendant
herein, taken by the attorneys for the respective
parties, pursuant to Court Order, held at the
above time and place before Nichole Bugeja, a
Stenotype Reporter and Notary Public within and
for the State of New York.
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. 1280 RECEIVED NYSCEF: 12/16/2022
2
1 A P P E A R A N C E S :
2
3 JOHN L. JULIANO, P.C.
Attorney for Plaintiff Suzanne Schulman as
4 administratrix of the estate of
Brittney M. Schulman, deceased
5 39 Doyle Court
East Northport, New York 11731
6
BY: JONATHAN JULIANO, ESQ.
7
8
9 THE BONGIORNO LAW FIRM, PLLC
Attorneys for Plaintiff Alicia M. Arundel
10 1415 Kellum Place, Suite 205
Garden City, New York 11530
11
BY: BRANDON CRUZ, ESQ.
12 File No.: 6230.PP
13
14 FRANK J. LAINE, P.C.
Attorney for Plaintiff Mindy Grabina A/O/E
15 Amy Grabina, and Mindy Grabina, individually
449 South Oyster Bay Road
16 Plainview, New York 11803
17 BY: FRANK J. LAINE, ESQ.
18
19
20 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C.
Attorneys for Plaintiff Steven Baruch A/O/E
21 Lauren Baruch, deceased, and Steven Baruch,
individually
22 1140 Franklin Avenue, Suite 200
Garden City, New York 11530
23
BY: GONZALO SUAREZ, ESQ.
24
25 (Continued on following page)
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NYSCEF DOC. NO. 1280 RECEIVED NYSCEF: 12/16/2022
3
1 A P P E A R A N C E S: (Continued)
2
3 PEGALIS LAW GROUP, LLC
Attorneys for Plaintiff Joelle DiMonte
4 One Hollow Lane, Suite 107
Lake Success, New York 11042
5
BY: GARY NIELSEN, ESQ.
6
7
8 BLOCK O'TOOLE & MURPHY, LLP
Attorneys for Arthur A. Belli, Jr. as parent
9 and natural guardian of Stephanie Belli,
deceased, and as the administrator of the
10 E/O Stephanie Belli
1 Penn Plaza, Suite 5315
11 New York, New York 10119
12 BY: DANIEL SEIDEN, ESQ.
13
14
15 BONGIORNO, MONTIGLIO & PALMIERI, PLLC
Attorneys for Defendants Ultimate Class
16 Limousine, Inc. and Carlos F. Pino
200 Old Country Road, Suite 680
17 Mineola, New York 11501
18 BY: NEIL PALMIERI, ESQ.
19
20
21 CASCONE & KLUEPFEL, LLP
Attorneys for Defendant
22 Romeo Dimon Marine Service, Inc.
1399 Franklin Avenue, Suite 302
23 Garden City, New York 11530
24 BY: DAVID TAVELLA, ESQ.
25 (Continued on following page)
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NYSCEF DOC. NO. 1280 RECEIVED NYSCEF: 12/16/2022
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1 A P P E A R A N C E S: (Continued)
2
3 LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant Steven D. Romeo
4 One CA Plaza, Suite 225
Islandia, New York 11749
5
BY: REBECCA DEVLIN, ESQ.
6 File No.: 0114.1460.001C
7
8
9 LAW OFFICES OF THOMAS M. VOLZ, PLLC
Attorneys for Defendant Town of Southold
10 280 Smithtown Boulevard
Nesconset, New York 11767
11
BY: JOSHUA SHTEIERMAN, ESQ.
12
13
14 LAW OFFICES OF VINCENT D. McNAMARA
Attorneys for Defendant County of Suffolk
15 1045 Oyster Bay Road, Suite 1
East Norwich, New York 11732
16
BY: DAVID TEIXEIRA, ESQ.
17
18
19 LAW OFFICE OF ANDREA G. SAWYERS
Attorneys for Defendant
20 Cabot Coach Builders, Inc.
P.O. Box 2903
21 Hartford, Connecticut 06104-2903
22 BY: STEVEN STEIGERWALD, ESQ.
23
24
25 (Continued on following page)
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
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NYSCEF DOC. NO. 1280 RECEIVED NYSCEF: 12/16/2022
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1
A P P E A R A N C E S: (Continued)
2
3 PARIS & CHAIKIN, PLLC
Attorneys for Plaintiff Olga Lipets
4 14 Penn Plaza, Suite 2202
New York, New York 10122
5
(NOT PRESENT)
6
7
8 JOSEPH J. TOCK, ESQ.
Attorney for Plaintiff Melissa A. Crai
9 936 Route 6
Mahopac, New York 10541
10
(NOT PRESENT)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
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NYSCEF DOC. NO. 1280 RECEIVED NYSCEF: 12/16/2022
6
1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
2
221.1 OBJECTIONS AT DEPOSITIONS
3
(a) Objections in general. No objections
4 shall be made at a deposition except those
which, pursuant to subdivision (b), (c) or (d)
5 of Rule 3115 of the Civil Practice Law and
Rules, would be waived if not interposed, and
6 except in compliance with subdivision (e) of
such rule. All objections made at a deposition
7 shall be noted by the officer before whom the
deposition is taken, and the answer shall be
8 given and the deposition shall proceed subject
to the objections and to the right of a person
9 to apply for appropriate relief pursuant to
Article 31 of the CPLR.
10 (b) Speaking objections restricted. Every
objection raised during a deposition shall be
11 stated succinctly and framed so as not to
suggest an answer to the deponent and, at the
12 request of the questioning attorney, shall
include a clear statement as to any defect in
13 form or other basis of error or irregularity.
Except to the extent permitted by CPLR Rule 3115
14 or by this rule, during the course of the
examination, persons shall not make statements
15 or comments that interfere with the questioning.
16 221.2 REFUSAL TO ANSWER WHEN OBJECTION IS MADE.
17 A deponent shall answer all questions at a
deposition, except (i) to preserve a privilege
18 or right of confidentiality, (ii) to enforce a
limitation set forth in an order of the court,
19 or (iii) when the question is plainly improper
and would, if answered, cause significant
20 prejudice to any person. An attorney shall not
direct a deponent not to answer except as
21 provided in CPLR Rule 3115 or this subdivision.
Any refusal to answer or direction not to answer
22 shall be accompanied by a succinct and clear
statement of the basis therefore. If a deponent
23 does not answer a question, the examining party
shall have the right to complete the remainder
24 of the deposition.
25
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. 1280 RECEIVED NYSCEF: 12/16/2022
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1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS
2
221.3 Communication with the deponent.
3
An attorney shall not interrupt the
4 deposition for the purpose of communication with
the deponent unless all parties consent or the
5 communication is made for the purpose of
determining whether the question should not be
6 answered on the grounds set forth in Section
221.2 of these rules and, in such event, the
7 reason for the communication shall be stated for
the record succinctly and clearly.
8
IT IS FURTHER STIPULATED AND AGREED that
9 the transcript may be signed before a Notary
Public with the same force and effect as if
10 signed before a clerk or a Judge of the court.
11 IT IS FURTHER STIPULATED AND AGREED that
the examination before trial may be utilized for
12 all purposes as provided by the CPLR.
13 IT IS FURTHER STIPULATED AND AGREED that
all rights provided to all parties by the CPLR
14 cannot be deemed waived and the appropriate
sections of the CPLR shall be controlling with
15 respect hereto.
16 IT IS FURTHER STIPULATED AND AGREED by an
between the attorneys for the respective parties
17 that a copy of this examination shall be
furnished, without charge, to the attorney
18 representing the witness testifying herein.
* * * *
19
20
21
22
23
24
25
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
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NYSCEF DOC. NO. 1280 RECEIVED NYSCEF: 12/16/2022
8
1 E. Neville
2 MR. NIELSEN: Can you mark these,
3 please.
4 (Whereupon, Southold Town Board minutes
5 from January 29, 2013, were premarked as
Plaintiffs'
6 Exhibit A for Identification, as
7 of this date.)
8 (Whereupon, Southold Town Board minutes
9 from June 4, 2013, were premarked as
Plaintiffs'
10 Exhibit B for Identification, as
11 of this date.)
12 (Whereupon, Southold Town Board minutes
13 from September 23, 2014, were premarked as
Plaintiffs'
14 Exhibit C for Identification, as
15 of this date.)
16 (Whereupon, Southold Town Board minutes
17 from October 21, 2014, were premarked as
Plaintiffs'
18 Exhibit D for Identification, as
19 of this date.)
20 (Whereupon, Southold Town Board minutes
21 from December 16, 2014, were premarked as
Plaintiffs'
22 Exhibit E for Identification, as
23 of this date.)
24 (Whereupon, Southold Town Board minutes
25 from March 24, 2015, were premarked as
516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500
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NYSCEF DOC. NO. 1280 RECEIVED NYSCEF: 12/16/2022
9
1 E. Neville
Plaintiffs' Exhibit
2 F for Identification, as
3 of this date.)
4 (Whereupon, Southold Town Board minutes
5 from April 21, 2015, were premarked as
Plaintiffs' Exhibit
6 G for Identification, as
7 of this date.)
8 (Whereupon, Southold Town Board minutes
9 from January 5, 2016, were premarked as
Plaintiffs' Exhibit
10 H for Identification, as
11 of this date.)
12 (Whereupon, Southold Town Board minutes
13 from March 22, 2016, were premarked as
Plaintiffs'
14 Exhibit I for Identification, as
15 of this date.)
16 (Whereupon, Southold Town Board minutes
17 from May 31, 2016, were premarked as
Plaintiffs' Exhibit
18 J for Identification, as
19 of this date.)
20 (Whereupon, Southold Town Board minutes
21 from June 4, 2016, were premarked as
Plaintiffs' Exhibit
22 K for Identification, as
23 of this date.)
24 (Whereupon, Southold Town Board minutes
25 from July 26, 2016, were premarked as
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. 1280 RECEIVED NYSCEF: 12/16/2022
10
1 E. Neville
Plaintiffs'
2 Exhibit L for Identification, as
3 of this date.)
4 (Whereupon, Southold Town Board minutes
5 from August 23, 2016, were premarked as
Plaintiffs'
6 Exhibit M for Identification, as
7 of this date.)
8 (Whereupon, Southold Town Board minutes
9 from September 6, 2016, were premarked as
Plaintiffs' N for
10 Exhibit Identification, as
11 of this date.)
12 (Whereupon, Southold Town Board minutes
13 from September 20, 2016, were premarked as
Plaintiffs'
14 Exhibit O for Identification, as
15 of this date.)
16 E L I Z A B E T H A N N N E V I L L E, called
17 as a witness, having been duly sworn by a
18 Notary Public of the State of New York, was
19 examined and testified as follows:
20 EXAMINATION BY
21 GARY NIELSEN, ESQ.:
22 Q. Please state your full name for the
23 record.
24 A. Elizabeth Ann Neville.
25 Q. What is your address?
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. 1280 RECEIVED NYSCEF: 12/16/2022
11
1 E. Neville
2 A. 53095 Main Road, Southold, New York
3 11971.
4 Q. Good morning.
5 A. Good morning.
6 Q. Thank you for coming today. My name is
7 Gary Nielsen. I'm a lawyer with the Pegalis Law
8 Group, and my law firm represents a woman named
9 Joelle DiMonte, who was one of the people
10 involved in the accident in July of 2015.
11 MR. TAVELLA: Please speak up a little.
12 MR. NIELSEN: I don't think I could, but
13 I'll try.
14 Q. Joelle DiMonte was one of the survivors
15 of the accident. I'm going to ask you some
16 questions today concerning some of the actions of
17 the Town of Southold. If you don't understand my
18 question, let me know, I will try to rephrase it
19 in a way that you can understand.
20 You need to keep your testimony verbal,
21 and you can't answer a question with a shake of
22 the head.
23 A. Okay.
24 Q. You can't uh-huh or uh-uh --
say
25 A. Yeah.
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. 1280 RECEIVED NYSCEF: 12/16/2022
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1 E. Neville
Q. -- or like and if there's
2 anything that,
3 some further instructions as we go along, we'll
4 do them as we go along.
5 Can you tell us your occupation, please.
6 A. Yes. My occupation is town clerk for
7 the Town of Southold.
8 Q. For how long have you been the town
9 clerk of the Town of Southold?
10 A. I have been town clerk since January
11 1st 1998.
12 Q. Is that an elected position?
13 A. Yes, it is.
14 Q. Have you been re-elected over the years?
15 A. Yes, I have.
16 Q. You're currently in that position?
17 A. Yes, I am.
18 Q. Can you tell me your highest level of
19 education?
20 A. Well, highest level, I did attend
21 Suffolk County Community College. I also
22 attended Cornell University, the Cornell
23 Municipal Clerks Institute for eight years and
24 obtained the certifications for certified
25 municipal clerk and master municipal clerk
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. 1280 RECEIVED NYSCEF: 12/16/2022
13
1 E. Neville
2 through campus and online study.
3 Q. Does the town clerk for the Town of
4 Southold have one or more than one job
5 responsibility?
6 A. More than one; many.
7 Q. Why don't you describe your role,
8 generally, in the town.
9 A. Okay. As town clerk I am the clerk for
10 the secretary to the board. Under town law, I
11 must attend all town board meetings, either
12 myself or one of my deputies must be present and
13 must take and prepare minutes of the meeting,
14 okay.
15 I'm also under -- of the
by authority
16 New York State Department of Health, I'm
17 registrar of vital statistics, accepting birth,
18 death records, and issuing marriage licenses.
19 I'm also records management officer by the
20 authority of the New York State Archives; I have
21 an extensive records management program.
22 I am also freedom of information officer
23 for the Town of Southold, appointed by the town
24 board, and I'm also marriage officer for the Town
25 of Southold, appointed by the town board.
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. 1280 RECEIVED NYSCEF: 12/16/2022
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1 E. Neville
2 Q. Thank you.
3 A. You're welcome.
4 Q. You mentioned one of your roles is
5 preparing minutes of town board meetings. How,
6 practically, do you go about doing that?
7 A. I have an electronic program called
8 MinuteTraq, and prior to the meeting, department
9 heads put -- draft resolutions in prior to the
10 meeting, and we do a tentative agenda and we add
11 resolutions as we go along.
12 Then the day of the me.eting, the actual
13 agenda is actually generated with all of the
14 resolutions on it and the format, the agenda for
15 the meeting. Then during the meeting, the board
16 considers and either adopts or denies or
17 withdraws whatever tables the resolution, and
18 then I would after the meeting, I would sort out
19 those resolutions accordingly and prepare a
20 draft of minutes and distribute them to ev
Preview
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1280 RECEIVED NYSCEF: 12/16/2022 "V" EXHIBIT FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1280 RECEIVED NYSCEF: 12/16/2022 1 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ________________________________________________ SUZANNE SCHULMAN AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED, ALICIA M ARUNDEL, OLGA LIPETS, MINDY GRABINA A/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, STEVEN BARUCH A/O/E LAUREN BARUCH, DECEASED, AND STEVEN BARUCH, INDIVIDUALLY, JOELLE DIMONTE, MELISSA A CRAI, ARTHUR A BELLI JR AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI, Plaintiffs, -against- Index No.: 611214/15 ULTIMATE CLASS LIMOUSINE, INC., CARLOS F PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN D ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC D/B/A ROYALE LIMOUSINE, 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, Defendants. ________________________________________________ 1 CA Plaza Islandia, New York December 2, 2019 10:10 a.m. EXAMINATION BEFORE TRIAL OF TOWN OF SOUTHOLD, by ELIZABETH ANN NEVILLE, a Defendant herein, taken by the attorneys for the respective parties, pursuant to Court Order, held at the above time and place before Nichole Bugeja, a Stenotype Reporter and Notary Public within and for the State of New York. 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. 1280 RECEIVED NYSCEF: 12/16/2022 2 1 A P P E A R A N C E S : 2 3 JOHN L. JULIANO, P.C. Attorney for Plaintiff Suzanne Schulman as 4 administratrix of the estate of Brittney M. Schulman, deceased 5 39 Doyle Court East Northport, New York 11731 6 BY: JONATHAN JULIANO, ESQ. 7 8 9 THE BONGIORNO LAW FIRM, PLLC Attorneys for Plaintiff Alicia M. Arundel 10 1415 Kellum Place, Suite 205 Garden City, New York 11530 11 BY: BRANDON CRUZ, ESQ. 12 File No.: 6230.PP 13 14 FRANK J. LAINE, P.C. Attorney for Plaintiff Mindy Grabina A/O/E 15 Amy Grabina, and Mindy Grabina, individually 449 South Oyster Bay Road 16 Plainview, New York 11803 17 BY: FRANK J. LAINE, ESQ. 18 19 20 SULLIVAN PAPAIN BLOCK McGRATH & CANNAVO, P.C. Attorneys for Plaintiff Steven Baruch A/O/E 21 Lauren Baruch, deceased, and Steven Baruch, individually 22 1140 Franklin Avenue, Suite 200 Garden City, New York 11530 23 BY: GONZALO SUAREZ, ESQ. 24 25 (Continued on following page) 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. 1280 RECEIVED NYSCEF: 12/16/2022 3 1 A P P E A R A N C E S: (Continued) 2 3 PEGALIS LAW GROUP, LLC Attorneys for Plaintiff Joelle DiMonte 4 One Hollow Lane, Suite 107 Lake Success, New York 11042 5 BY: GARY NIELSEN, ESQ. 6 7 8 BLOCK O'TOOLE & MURPHY, LLP Attorneys for Arthur A. Belli, Jr. as parent 9 and natural guardian of Stephanie Belli, deceased, and as the administrator of the 10 E/O Stephanie Belli 1 Penn Plaza, Suite 5315 11 New York, New York 10119 12 BY: DANIEL SEIDEN, ESQ. 13 14 15 BONGIORNO, MONTIGLIO & PALMIERI, PLLC Attorneys for Defendants Ultimate Class 16 Limousine, Inc. and Carlos F. Pino 200 Old Country Road, Suite 680 17 Mineola, New York 11501 18 BY: NEIL PALMIERI, ESQ. 19 20 21 CASCONE & KLUEPFEL, LLP Attorneys for Defendant 22 Romeo Dimon Marine Service, Inc. 1399 Franklin Avenue, Suite 302 23 Garden City, New York 11530 24 BY: DAVID TAVELLA, ESQ. 25 (Continued on following page) 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. 1280 RECEIVED NYSCEF: 12/16/2022 4 1 A P P E A R A N C E S: (Continued) 2 3 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant Steven D. Romeo 4 One CA Plaza, Suite 225 Islandia, New York 11749 5 BY: REBECCA DEVLIN, ESQ. 6 File No.: 0114.1460.001C 7 8 9 LAW OFFICES OF THOMAS M. VOLZ, PLLC Attorneys for Defendant Town of Southold 10 280 Smithtown Boulevard Nesconset, New York 11767 11 BY: JOSHUA SHTEIERMAN, ESQ. 12 13 14 LAW OFFICES OF VINCENT D. McNAMARA Attorneys for Defendant County of Suffolk 15 1045 Oyster Bay Road, Suite 1 East Norwich, New York 11732 16 BY: DAVID TEIXEIRA, ESQ. 17 18 19 LAW OFFICE OF ANDREA G. SAWYERS Attorneys for Defendant 20 Cabot Coach Builders, Inc. P.O. Box 2903 21 Hartford, Connecticut 06104-2903 22 BY: STEVEN STEIGERWALD, ESQ. 23 24 25 (Continued on following page) 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. 1280 RECEIVED NYSCEF: 12/16/2022 5 1 A P P E A R A N C E S: (Continued) 2 3 PARIS & CHAIKIN, PLLC Attorneys for Plaintiff Olga Lipets 4 14 Penn Plaza, Suite 2202 New York, New York 10122 5 (NOT PRESENT) 6 7 8 JOSEPH J. TOCK, ESQ. Attorney for Plaintiff Melissa A. Crai 9 936 Route 6 Mahopac, New York 10541 10 (NOT PRESENT) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1280 RECEIVED NYSCEF: 12/16/2022 6 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 221.1 OBJECTIONS AT DEPOSITIONS 3 (a) Objections in general. No objections 4 shall be made at a deposition except those which, pursuant to subdivision (b), (c) or (d) 5 of Rule 3115 of the Civil Practice Law and Rules, would be waived if not interposed, and 6 except in compliance with subdivision (e) of such rule. All objections made at a deposition 7 shall be noted by the officer before whom the deposition is taken, and the answer shall be 8 given and the deposition shall proceed subject to the objections and to the right of a person 9 to apply for appropriate relief pursuant to Article 31 of the CPLR. 10 (b) Speaking objections restricted. Every objection raised during a deposition shall be 11 stated succinctly and framed so as not to suggest an answer to the deponent and, at the 12 request of the questioning attorney, shall include a clear statement as to any defect in 13 form or other basis of error or irregularity. Except to the extent permitted by CPLR Rule 3115 14 or by this rule, during the course of the examination, persons shall not make statements 15 or comments that interfere with the questioning. 16 221.2 REFUSAL TO ANSWER WHEN OBJECTION IS MADE. 17 A deponent shall answer all questions at a deposition, except (i) to preserve a privilege 18 or right of confidentiality, (ii) to enforce a limitation set forth in an order of the court, 19 or (iii) when the question is plainly improper and would, if answered, cause significant 20 prejudice to any person. An attorney shall not direct a deponent not to answer except as 21 provided in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to answer 22 shall be accompanied by a succinct and clear statement of the basis therefore. If a deponent 23 does not answer a question, the examining party shall have the right to complete the remainder 24 of the deposition. 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1280 RECEIVED NYSCEF: 12/16/2022 7 1 221 UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 2 221.3 Communication with the deponent. 3 An attorney shall not interrupt the 4 deposition for the purpose of communication with the deponent unless all parties consent or the 5 communication is made for the purpose of determining whether the question should not be 6 answered on the grounds set forth in Section 221.2 of these rules and, in such event, the 7 reason for the communication shall be stated for the record succinctly and clearly. 8 IT IS FURTHER STIPULATED AND AGREED that 9 the transcript may be signed before a Notary Public with the same force and effect as if 10 signed before a clerk or a Judge of the court. 11 IT IS FURTHER STIPULATED AND AGREED that the examination before trial may be utilized for 12 all purposes as provided by the CPLR. 13 IT IS FURTHER STIPULATED AND AGREED that all rights provided to all parties by the CPLR 14 cannot be deemed waived and the appropriate sections of the CPLR shall be controlling with 15 respect hereto. 16 IT IS FURTHER STIPULATED AND AGREED by an between the attorneys for the respective parties 17 that a copy of this examination shall be furnished, without charge, to the attorney 18 representing the witness testifying herein. * * * * 19 20 21 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1280 RECEIVED NYSCEF: 12/16/2022 8 1 E. Neville 2 MR. NIELSEN: Can you mark these, 3 please. 4 (Whereupon, Southold Town Board minutes 5 from January 29, 2013, were premarked as Plaintiffs' 6 Exhibit A for Identification, as 7 of this date.) 8 (Whereupon, Southold Town Board minutes 9 from June 4, 2013, were premarked as Plaintiffs' 10 Exhibit B for Identification, as 11 of this date.) 12 (Whereupon, Southold Town Board minutes 13 from September 23, 2014, were premarked as Plaintiffs' 14 Exhibit C for Identification, as 15 of this date.) 16 (Whereupon, Southold Town Board minutes 17 from October 21, 2014, were premarked as Plaintiffs' 18 Exhibit D for Identification, as 19 of this date.) 20 (Whereupon, Southold Town Board minutes 21 from December 16, 2014, were premarked as Plaintiffs' 22 Exhibit E for Identification, as 23 of this date.) 24 (Whereupon, Southold Town Board minutes 25 from March 24, 2015, were premarked as 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. 1280 RECEIVED NYSCEF: 12/16/2022 9 1 E. Neville Plaintiffs' Exhibit 2 F for Identification, as 3 of this date.) 4 (Whereupon, Southold Town Board minutes 5 from April 21, 2015, were premarked as Plaintiffs' Exhibit 6 G for Identification, as 7 of this date.) 8 (Whereupon, Southold Town Board minutes 9 from January 5, 2016, were premarked as Plaintiffs' Exhibit 10 H for Identification, as 11 of this date.) 12 (Whereupon, Southold Town Board minutes 13 from March 22, 2016, were premarked as Plaintiffs' 14 Exhibit I for Identification, as 15 of this date.) 16 (Whereupon, Southold Town Board minutes 17 from May 31, 2016, were premarked as Plaintiffs' Exhibit 18 J for Identification, as 19 of this date.) 20 (Whereupon, Southold Town Board minutes 21 from June 4, 2016, were premarked as Plaintiffs' Exhibit 22 K for Identification, as 23 of this date.) 24 (Whereupon, Southold Town Board minutes 25 from July 26, 2016, were premarked as 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. 1280 RECEIVED NYSCEF: 12/16/2022 10 1 E. Neville Plaintiffs' 2 Exhibit L for Identification, as 3 of this date.) 4 (Whereupon, Southold Town Board minutes 5 from August 23, 2016, were premarked as Plaintiffs' 6 Exhibit M for Identification, as 7 of this date.) 8 (Whereupon, Southold Town Board minutes 9 from September 6, 2016, were premarked as Plaintiffs' N for 10 Exhibit Identification, as 11 of this date.) 12 (Whereupon, Southold Town Board minutes 13 from September 20, 2016, were premarked as Plaintiffs' 14 Exhibit O for Identification, as 15 of this date.) 16 E L I Z A B E T H A N N N E V I L L E, called 17 as a witness, having been duly sworn by a 18 Notary Public of the State of New York, was 19 examined and testified as follows: 20 EXAMINATION BY 21 GARY NIELSEN, ESQ.: 22 Q. Please state your full name for the 23 record. 24 A. Elizabeth Ann Neville. 25 Q. What is your address? 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. 1280 RECEIVED NYSCEF: 12/16/2022 11 1 E. Neville 2 A. 53095 Main Road, Southold, New York 3 11971. 4 Q. Good morning. 5 A. Good morning. 6 Q. Thank you for coming today. My name is 7 Gary Nielsen. I'm a lawyer with the Pegalis Law 8 Group, and my law firm represents a woman named 9 Joelle DiMonte, who was one of the people 10 involved in the accident in July of 2015. 11 MR. TAVELLA: Please speak up a little. 12 MR. NIELSEN: I don't think I could, but 13 I'll try. 14 Q. Joelle DiMonte was one of the survivors 15 of the accident. I'm going to ask you some 16 questions today concerning some of the actions of 17 the Town of Southold. If you don't understand my 18 question, let me know, I will try to rephrase it 19 in a way that you can understand. 20 You need to keep your testimony verbal, 21 and you can't answer a question with a shake of 22 the head. 23 A. Okay. 24 Q. You can't uh-huh or uh-uh -- say 25 A. Yeah. 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. 1280 RECEIVED NYSCEF: 12/16/2022 12 1 E. Neville Q. -- or like and if there's 2 anything that, 3 some further instructions as we go along, we'll 4 do them as we go along. 5 Can you tell us your occupation, please. 6 A. Yes. My occupation is town clerk for 7 the Town of Southold. 8 Q. For how long have you been the town 9 clerk of the Town of Southold? 10 A. I have been town clerk since January 11 1st 1998. 12 Q. Is that an elected position? 13 A. Yes, it is. 14 Q. Have you been re-elected over the years? 15 A. Yes, I have. 16 Q. You're currently in that position? 17 A. Yes, I am. 18 Q. Can you tell me your highest level of 19 education? 20 A. Well, highest level, I did attend 21 Suffolk County Community College. I also 22 attended Cornell University, the Cornell 23 Municipal Clerks Institute for eight years and 24 obtained the certifications for certified 25 municipal clerk and master municipal clerk 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. 1280 RECEIVED NYSCEF: 12/16/2022 13 1 E. Neville 2 through campus and online study. 3 Q. Does the town clerk for the Town of 4 Southold have one or more than one job 5 responsibility? 6 A. More than one; many. 7 Q. Why don't you describe your role, 8 generally, in the town. 9 A. Okay. As town clerk I am the clerk for 10 the secretary to the board. Under town law, I 11 must attend all town board meetings, either 12 myself or one of my deputies must be present and 13 must take and prepare minutes of the meeting, 14 okay. 15 I'm also under -- of the by authority 16 New York State Department of Health, I'm 17 registrar of vital statistics, accepting birth, 18 death records, and issuing marriage licenses. 19 I'm also records management officer by the 20 authority of the New York State Archives; I have 21 an extensive records management program. 22 I am also freedom of information officer 23 for the Town of Southold, appointed by the town 24 board, and I'm also marriage officer for the Town 25 of Southold, appointed by the town board. 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. 1280 RECEIVED NYSCEF: 12/16/2022 14 1 E. Neville 2 Q. Thank you. 3 A. You're welcome. 4 Q. You mentioned one of your roles is 5 preparing minutes of town board meetings. How, 6 practically, do you go about doing that? 7 A. I have an electronic program called 8 MinuteTraq, and prior to the meeting, department 9 heads put -- draft resolutions in prior to the 10 meeting, and we do a tentative agenda and we add 11 resolutions as we go along. 12 Then the day of the me.eting, the actual 13 agenda is actually generated with all of the 14 resolutions on it and the format, the agenda for 15 the meeting. Then during the meeting, the board 16 considers and either adopts or denies or 17 withdraws whatever tables the resolution, and 18 then I would after the meeting, I would sort out 19 those resolutions accordingly and prepare a 20 draft of minutes and distribute them to ev