Preview
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1269 RECEIVED NYSCEF: 12/16/2022
EXHIBIT "IC
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1269 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.
------------------------------------------------x
December 4, 2020
10:07 a.m.
EXAMINATION BEFORE TRIAL OF COUNTY OF
SUFFOLK, a Defendant herein, by ROBERT F.
HILLMAN, JR., taken by the attorneys for the
respective parties, pursuant to Notice, held via
web conference 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. 1269 RECEIVED NYSCEF: 12/16/2022
2
1 A P P E A R A N C E S :
LAW OFFICES OF JOHN L. JULIANO, P.C.
3 Attorney for Plaintiff Suzanne Schulman as
administratrix of the estate of
4 Brittney M. Schulman, deceased
39 Doyle Court
5 East Northport, New York 11731
6 BY: JONATHAN JULIANO, ESQ.,
via web conference
7
8
THE BONGIORNO LAW FIRM, PLLC
9 Attorneys for Plaintiff Alicia M. Arundel
1415 Kellum Place, Suite 205
10 Garden City, New York 11530
11 BY: BRANDON CRUZ, ESQ.,
via web conference
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.,
via web conference
18
19
SULLIVAN PAPAIN BLOCK McGRATH COFFINAS &
20 CANNAVO, P.C.
Attorneys for Plaintiff Steven Baruch A/O/E
21 Lauren Baruch, deceased, and Steven Baruch,
individually
22 33105 Main Road
Cutchogue, New York 11935
23
BY: ROBERT SULLIVAN, ESQ.,
24 BETH JABLON, ESQ.,
via web conference
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. 1269 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: JAMES BAYDAR, ESQ.,
6 GARY NIELSEN, ESQ.,
via web conference
7
8
JOSEPH J. TOCK, ESQ.
9 Attorney for Plaintiff Melissa A. Crai
936 Route 6
10 Mahopac, New York 10541
11 BY: JOSEPH J. TOCK, ESQ.,
via web conference
12
13
BLOCK O'TOOLE & MURPHY, LLP
14 Attorneys for Arthur A. Belli, Jr. as parent
and natural guardian of Stephanie Belli,
15 deceased, and as the administrator of the
E/O Stephanie Belli
16 1 Penn Plaza, Suite 5315
New York, New York 10119
17
BY: DANIEL SEIDEN, ESQ.,
18 via web conference
19
20 BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC
Attorneys for Defendants Ultimate Class
21 Limousine, Inc. and Carlos Pino
200 Old Country Road, Suite 680
22 Mineola, New York 11501
23 BY: NEIL PALMIERI, ESQ.,
via web conference
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. 1269 RECEIVED NYSCEF: 12/16/2022
4
1 A P P E A R A N C E S: (Continued)
3 CASCONE & KLUEPFEL, LLP
Attorneys for Defendant
4 Romeo Dimon Marine Service, Inc.
1399 Franklin Avenue, Suite 302
5 Garden City, New York 11530
6 BY: DAVID F. TAVELLA, ESQ.,
via web conference
7
8
9 LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Defendant Steven Romeo
10 One CA Plaza, Suite 225
Islandia, New York 11749
11
BY: REBECCA DEVLIN, ESQ.,
12 via web conference
File No.: 0114.1460.001C
13
14
15 THE LAW OFFICES OF THOMAS M. VOLZ, PLLC
Attorneys for Defendant Town of Southold
16 280 Smithtown Boulevard
Nesconset, New York 11767
17
BY: DAVID ARNTSEN, ESQ.,
18 via web conference
19
20 LAW OFFICES OF VINCENT D. McNAMARA
Attorneys for Defendant County of Suffolk
21 1045 Oyster Bay Road, Suite 1
East Norwich, New York 11732
22
BY: VINCENT D. McNAMARA, ESQ., with witness
23 DAVE TEIXEIRA, ESQ.,
via web conference
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. 1269 RECEIVED NYSCEF: 12/16/2022
5
1 A P P E A R A N C E S: (Continued)
2
LAW OFFICE OF ANDREA G. SAWYERS
3 Attorneys for Defendant
Cabot Coach Builders, Inc.
4 P.O. Box 2903
Hartford, Connecticut 06104-2903
5
BY: STEVEN STEIGERWALD, ESQ.,
6 via web conference
8
CHAIKIN, PLLC
9 Attorney for Plaintiff Olga Lipets
14 Penn Plaza, Suite 5315
10 New York, New York 10122
11 (NOT PRESENT)
12
13
ALSO PRESENT:
14 OLIVIA SEGOTA, Law Offices of Vincent D.
McNamara, via web conference
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. 1269 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. 1269 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
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 1269 RECEIVED NYSCEF: 12/16/2022
8
1 R. Hillman, Jr.
2 (Whereupon, a Southold Planning Board
3 site plan application was premarked as
Plaintiffs'
4 Exhibit 1 for Identification, as
5 of this date.)
6 (Whereupon, a letter from the Town of
7 Southold to the Suffolk County Department of
8 Public Works, dated April 19, 2013, was
Plaintiffs'
9 premarked as Exhibit 2 for
10 Identification, as of this date.)
11 (Whereupon, a letter from Suffolk County
12 to the Town of Southold, dated May 6, 2013,
Plaintiffs'
13 was premarked as Exhibit 3 for
14 Identification, as of this date.)
15 (Whereupon, a document entitled Work
16 Order Authorization, was premarked as
Plaintiffs'
17 Exhibit 4 for Identification, as
18 of this date.)
19 (Whereupon, a Suffolk County Department
20 of Public Works work order, dated November
Plaintiffs'
21 13, 2012, was premarked as
22 Exhibit 5 for Identification, as of this
23 date.)
24 (Whereupon, e-mail correspondence from
25 Mr. Hillman to Ms. Lanza was 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. 1269 RECEIVED NYSCEF: 12/16/2022
9
1 R. Hillman, Jr.
Plaintiffs'
2 Exhibit 6 for Identification, as
3 of this date.)
4 (Whereupon, a document Bates-stamped
Plaintiffs'
5 TSOU00083 was premarked as
6 Exhibit 7 for Identification, as of this
7 date.)
8 (Whereupon, twenty-two pages of
Plaintiffs'
9 correspondence was premarked as
10 Exhibit 8 for Identification, as of this
11 date.)
12 (Whereupon, five pages of correspondence
Plaintiffs'
13 was premarked as Exhibit 9 for
14 Identification, as of this date.)
15 THE COURT REPORTER: Before I swear in
16 the witness, I will ask each counsel to
17 stipulate on the record that due to the
18 current national emergency regarding the
19 coronavirus, the court reporter may swear in
20 the witness even though she is not
21 physically in the presence of the witness
22 and that there is no objection to that at
23 this time, nor will there be an objection to
24 it at a later date.
25 MR. LAINE: So stipulated.
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. 1269 RECEIVED NYSCEF: 12/16/2022
10
1 R. Hillman, Jr.
2 MR. TOCK: Agreed.
3 MR. CRUZ: Agreed.
4 MS. JABLON: So stipulated.
5 MR. BAYDAR: Agreed.
6 MR. PALMIERI: Agreed.
7 MR. McNAMARA: So stipulated.
8 MR. SULLIVAN: Agreed.
9 MS. DEVLIN: Agreed.
10 MR. STEIGERWALD: So stipulated.
11 MR. ARNTSEN: Agreed.
12 MR. SEIDEN: Agreed.
13 MR. TAVELLA: So stipulated.
14 R O B E R T F. H I L L M A N, J R., called
15 as a witness, having been duly sworn by a
16 Notary Public of the State of New York, was
17 examined and testified as follows:
18 EXAMINATION BY
19 BRANDON CRUZ, ESQ.:
20 Q. Please state your full name for the
21 record.
22 A. Robert F. Hillman, Jr.
23 Q. What is your address?
24 A. 336 Yaphank Avenue, Yaphank, New York
25 11980.
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. 1269 RECEIVED NYSCEF: 12/16/2022
11
1 R. Hillman, Jr.
2 Q. Good morning, Mr. Hillman.
3 My name is Brandon Cruz. I'm an
4 attorney representing Alicia Arundel, one of the
5 survivors of the fatal limousine crash that
6 occurred on July 18, 2015, at the intersection of
7 County Road 48 and Depot Lane, in the Town of
8 Southold.
9 I'm going to be asking you some
10 questions today regarding the accident, regarding
11 some traffic studies -- or studies that
study
12 were conducted by the Suffolk County DPW in
13 relation to that intersection prior to the
14 accident and relevant and related matters.
15 I would ask that you please wait until I
16 finish my question before you begin to answer.
17 At times during the deposition, one or more
18 attorneys may make objections to the format of
19 the question or other matters, and that doesn't
20 mean that you don't have to answer the question,
21 it just means that the court reporter has to take
22 down a record of whatever their objection is, so
23 I still expect an answer.
24 Have you ever testified at a deposition
25 under oath before?
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. 1269 RECEIVED NYSCEF: 12/16/2022
12
1 R. Hillman, Jr.
2 A. Yes.
3 Q. Once or more than once?
4 A. Once or twice.
5 Q. Did any of those occasions have to do
6 with County Road 48 and Depot Lane?
7 A. No.
8 Q. Did any of those occasions have to do
9 with County Road 48 and Cox Lane?
10 A. No.
11 Q. How about County Road 48 Wickham Avenue?
12 A. No.
13 Q. If there's any question you don't
14 understand, please let me know, and I'll do my
15 best to rephrase it. Do you remember, those
16 times that you testified, were those lawsuits
17 against the County of Suffolk?
18 A. No. They were against the Town of
19 Islip, my previous employer.
20 Q. Do you remember the names of any of the
21 plaintiffs --
22 A. I don't.
-- related of those
23 Q. to any occasions?
24 A. I don't.
25 Q. I also might pause from time to time,
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. 1269 RECEIVED NYSCEF: 12/16/2022
13
1 R. Hillman, Jr.
2 and I'm doing so to take some notes. Hopefully
3 there's not too much lag here with the Zoom
4 technology.
5 MR. CRUZ: I'm going to ask, also, if
6 most of the other attorneys on the Zoom
7 conference can mute their device to minimize
8 any noise in the background.
9 Q. Are you aware that other persons
10 employed by the Suffolk County DPW have testified
11 already, previously, in relation to this case?
12 A. Yes.
13 Q. Have you reviewed any of the transcripts
14 of the depositions of those other persons that
15 relate to this case in preparation of your
16 deposition today?
17 A. Yes.
18 Q. Whose deposition transcript did you look
19 at?
20 A. Patricia Ralph and Daniel Dresch. I did
21 not look at them, I reviewed them with my
22 attorney.
23 Q. Did you read them in their entirety?
24 A. No.
25 Q. Now, I want to talk to you first about
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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. 1269 RECEIVED NYSCEF: 12/16/2022
14
1 R. Hillman, Jr.
2 your employment history, starting with right now;
3 you're presently employed?
4 A. Correct.
5 Q. Who's your employer?
6 A. Suffolk County Department of Public
7 Works.
8 Q. What is your title and position for the
Suffolk -- I'm to refer to them
9 County going
10 often as the DPW, okay?
11 A. Sure.
12 Q. What's your position with the DPW now?
13 A. I'm a traffic engineer III, and I
14 work --
Q. And -- go ahead.
15
16 A. I work for the permits and traffic
17 division.
18 Q. For how long have you held that title?
19 A. Eleven years.
20 Q. Have you ever held a different title for
21 the DPW?
22 A. No.
Preview
FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1269 RECEIVED NYSCEF: 12/16/2022 EXHIBIT "IC FILED: SUFFOLK COUNTY CLERK 12/16/2022 04:43 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 1269 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. ------------------------------------------------x December 4, 2020 10:07 a.m. EXAMINATION BEFORE TRIAL OF COUNTY OF SUFFOLK, a Defendant herein, by ROBERT F. HILLMAN, JR., taken by the attorneys for the respective parties, pursuant to Notice, held via web conference 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. 1269 RECEIVED NYSCEF: 12/16/2022 2 1 A P P E A R A N C E S : LAW OFFICES OF JOHN L. JULIANO, P.C. 3 Attorney for Plaintiff Suzanne Schulman as administratrix of the estate of 4 Brittney M. Schulman, deceased 39 Doyle Court 5 East Northport, New York 11731 6 BY: JONATHAN JULIANO, ESQ., via web conference 7 8 THE BONGIORNO LAW FIRM, PLLC 9 Attorneys for Plaintiff Alicia M. Arundel 1415 Kellum Place, Suite 205 10 Garden City, New York 11530 11 BY: BRANDON CRUZ, ESQ., via web conference 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., via web conference 18 19 SULLIVAN PAPAIN BLOCK McGRATH COFFINAS & 20 CANNAVO, P.C. Attorneys for Plaintiff Steven Baruch A/O/E 21 Lauren Baruch, deceased, and Steven Baruch, individually 22 33105 Main Road Cutchogue, New York 11935 23 BY: ROBERT SULLIVAN, ESQ., 24 BETH JABLON, ESQ., via web conference 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. 1269 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: JAMES BAYDAR, ESQ., 6 GARY NIELSEN, ESQ., via web conference 7 8 JOSEPH J. TOCK, ESQ. 9 Attorney for Plaintiff Melissa A. Crai 936 Route 6 10 Mahopac, New York 10541 11 BY: JOSEPH J. TOCK, ESQ., via web conference 12 13 BLOCK O'TOOLE & MURPHY, LLP 14 Attorneys for Arthur A. Belli, Jr. as parent and natural guardian of Stephanie Belli, 15 deceased, and as the administrator of the E/O Stephanie Belli 16 1 Penn Plaza, Suite 5315 New York, New York 10119 17 BY: DANIEL SEIDEN, ESQ., 18 via web conference 19 20 BONGIORNO, MONTIGLIO, MITCHELL & PALMIERI, PLLC Attorneys for Defendants Ultimate Class 21 Limousine, Inc. and Carlos Pino 200 Old Country Road, Suite 680 22 Mineola, New York 11501 23 BY: NEIL PALMIERI, ESQ., via web conference 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. 1269 RECEIVED NYSCEF: 12/16/2022 4 1 A P P E A R A N C E S: (Continued) 3 CASCONE & KLUEPFEL, LLP Attorneys for Defendant 4 Romeo Dimon Marine Service, Inc. 1399 Franklin Avenue, Suite 302 5 Garden City, New York 11530 6 BY: DAVID F. TAVELLA, ESQ., via web conference 7 8 9 LEWIS JOHS AVALLONE AVILES, LLP Attorneys for Defendant Steven Romeo 10 One CA Plaza, Suite 225 Islandia, New York 11749 11 BY: REBECCA DEVLIN, ESQ., 12 via web conference File No.: 0114.1460.001C 13 14 15 THE LAW OFFICES OF THOMAS M. VOLZ, PLLC Attorneys for Defendant Town of Southold 16 280 Smithtown Boulevard Nesconset, New York 11767 17 BY: DAVID ARNTSEN, ESQ., 18 via web conference 19 20 LAW OFFICES OF VINCENT D. McNAMARA Attorneys for Defendant County of Suffolk 21 1045 Oyster Bay Road, Suite 1 East Norwich, New York 11732 22 BY: VINCENT D. McNAMARA, ESQ., with witness 23 DAVE TEIXEIRA, ESQ., via web conference 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. 1269 RECEIVED NYSCEF: 12/16/2022 5 1 A P P E A R A N C E S: (Continued) 2 LAW OFFICE OF ANDREA G. SAWYERS 3 Attorneys for Defendant Cabot Coach Builders, Inc. 4 P.O. Box 2903 Hartford, Connecticut 06104-2903 5 BY: STEVEN STEIGERWALD, ESQ., 6 via web conference 8 CHAIKIN, PLLC 9 Attorney for Plaintiff Olga Lipets 14 Penn Plaza, Suite 5315 10 New York, New York 10122 11 (NOT PRESENT) 12 13 ALSO PRESENT: 14 OLIVIA SEGOTA, Law Offices of Vincent D. McNamara, via web conference 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. 1269 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. 1269 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. 1269 RECEIVED NYSCEF: 12/16/2022 8 1 R. Hillman, Jr. 2 (Whereupon, a Southold Planning Board 3 site plan application was premarked as Plaintiffs' 4 Exhibit 1 for Identification, as 5 of this date.) 6 (Whereupon, a letter from the Town of 7 Southold to the Suffolk County Department of 8 Public Works, dated April 19, 2013, was Plaintiffs' 9 premarked as Exhibit 2 for 10 Identification, as of this date.) 11 (Whereupon, a letter from Suffolk County 12 to the Town of Southold, dated May 6, 2013, Plaintiffs' 13 was premarked as Exhibit 3 for 14 Identification, as of this date.) 15 (Whereupon, a document entitled Work 16 Order Authorization, was premarked as Plaintiffs' 17 Exhibit 4 for Identification, as 18 of this date.) 19 (Whereupon, a Suffolk County Department 20 of Public Works work order, dated November Plaintiffs' 21 13, 2012, was premarked as 22 Exhibit 5 for Identification, as of this 23 date.) 24 (Whereupon, e-mail correspondence from 25 Mr. Hillman to Ms. Lanza was 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. 1269 RECEIVED NYSCEF: 12/16/2022 9 1 R. Hillman, Jr. Plaintiffs' 2 Exhibit 6 for Identification, as 3 of this date.) 4 (Whereupon, a document Bates-stamped Plaintiffs' 5 TSOU00083 was premarked as 6 Exhibit 7 for Identification, as of this 7 date.) 8 (Whereupon, twenty-two pages of Plaintiffs' 9 correspondence was premarked as 10 Exhibit 8 for Identification, as of this 11 date.) 12 (Whereupon, five pages of correspondence Plaintiffs' 13 was premarked as Exhibit 9 for 14 Identification, as of this date.) 15 THE COURT REPORTER: Before I swear in 16 the witness, I will ask each counsel to 17 stipulate on the record that due to the 18 current national emergency regarding the 19 coronavirus, the court reporter may swear in 20 the witness even though she is not 21 physically in the presence of the witness 22 and that there is no objection to that at 23 this time, nor will there be an objection to 24 it at a later date. 25 MR. LAINE: So stipulated. 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. 1269 RECEIVED NYSCEF: 12/16/2022 10 1 R. Hillman, Jr. 2 MR. TOCK: Agreed. 3 MR. CRUZ: Agreed. 4 MS. JABLON: So stipulated. 5 MR. BAYDAR: Agreed. 6 MR. PALMIERI: Agreed. 7 MR. McNAMARA: So stipulated. 8 MR. SULLIVAN: Agreed. 9 MS. DEVLIN: Agreed. 10 MR. STEIGERWALD: So stipulated. 11 MR. ARNTSEN: Agreed. 12 MR. SEIDEN: Agreed. 13 MR. TAVELLA: So stipulated. 14 R O B E R T F. H I L L M A N, J R., called 15 as a witness, having been duly sworn by a 16 Notary Public of the State of New York, was 17 examined and testified as follows: 18 EXAMINATION BY 19 BRANDON CRUZ, ESQ.: 20 Q. Please state your full name for the 21 record. 22 A. Robert F. Hillman, Jr. 23 Q. What is your address? 24 A. 336 Yaphank Avenue, Yaphank, New York 25 11980. 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. 1269 RECEIVED NYSCEF: 12/16/2022 11 1 R. Hillman, Jr. 2 Q. Good morning, Mr. Hillman. 3 My name is Brandon Cruz. I'm an 4 attorney representing Alicia Arundel, one of the 5 survivors of the fatal limousine crash that 6 occurred on July 18, 2015, at the intersection of 7 County Road 48 and Depot Lane, in the Town of 8 Southold. 9 I'm going to be asking you some 10 questions today regarding the accident, regarding 11 some traffic studies -- or studies that study 12 were conducted by the Suffolk County DPW in 13 relation to that intersection prior to the 14 accident and relevant and related matters. 15 I would ask that you please wait until I 16 finish my question before you begin to answer. 17 At times during the deposition, one or more 18 attorneys may make objections to the format of 19 the question or other matters, and that doesn't 20 mean that you don't have to answer the question, 21 it just means that the court reporter has to take 22 down a record of whatever their objection is, so 23 I still expect an answer. 24 Have you ever testified at a deposition 25 under oath before? 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. 1269 RECEIVED NYSCEF: 12/16/2022 12 1 R. Hillman, Jr. 2 A. Yes. 3 Q. Once or more than once? 4 A. Once or twice. 5 Q. Did any of those occasions have to do 6 with County Road 48 and Depot Lane? 7 A. No. 8 Q. Did any of those occasions have to do 9 with County Road 48 and Cox Lane? 10 A. No. 11 Q. How about County Road 48 Wickham Avenue? 12 A. No. 13 Q. If there's any question you don't 14 understand, please let me know, and I'll do my 15 best to rephrase it. Do you remember, those 16 times that you testified, were those lawsuits 17 against the County of Suffolk? 18 A. No. They were against the Town of 19 Islip, my previous employer. 20 Q. Do you remember the names of any of the 21 plaintiffs -- 22 A. I don't. -- related of those 23 Q. to any occasions? 24 A. I don't. 25 Q. I also might pause from time to time, 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. 1269 RECEIVED NYSCEF: 12/16/2022 13 1 R. Hillman, Jr. 2 and I'm doing so to take some notes. Hopefully 3 there's not too much lag here with the Zoom 4 technology. 5 MR. CRUZ: I'm going to ask, also, if 6 most of the other attorneys on the Zoom 7 conference can mute their device to minimize 8 any noise in the background. 9 Q. Are you aware that other persons 10 employed by the Suffolk County DPW have testified 11 already, previously, in relation to this case? 12 A. Yes. 13 Q. Have you reviewed any of the transcripts 14 of the depositions of those other persons that 15 relate to this case in preparation of your 16 deposition today? 17 A. Yes. 18 Q. Whose deposition transcript did you look 19 at? 20 A. Patricia Ralph and Daniel Dresch. I did 21 not look at them, I reviewed them with my 22 attorney. 23 Q. Did you read them in their entirety? 24 A. No. 25 Q. Now, I want to talk to you first about :hN ;C•::::5 ::M|:.:'ñ:: biM.C.0mi && 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. 1269 RECEIVED NYSCEF: 12/16/2022 14 1 R. Hillman, Jr. 2 your employment history, starting with right now; 3 you're presently employed? 4 A. Correct. 5 Q. Who's your employer? 6 A. Suffolk County Department of Public 7 Works. 8 Q. What is your title and position for the Suffolk -- I'm to refer to them 9 County going 10 often as the DPW, okay? 11 A. Sure. 12 Q. What's your position with the DPW now? 13 A. I'm a traffic engineer III, and I 14 work -- Q. And -- go ahead. 15 16 A. I work for the permits and traffic 17 division. 18 Q. For how long have you held that title? 19 A. Eleven years. 20 Q. Have you ever held a different title for 21 the DPW? 22 A. No.