Preview
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
"B"
EXHIBIT
I
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
..
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ROCKLAND
------------------------------------------- X
PHADIA JEAN and VLADIMIR JEAN,
Plaintiffs,
- against -
TOWN OF ORANGETOWN, ORANGETOWN Index No. 33456/2016
POLICE DEPARTMENT, POLICE OFFICERS
DOE"
"JOHN One through Three and POLICE
DOE,"
OFFICER "JANE the names being fictitious
but intended to be the Police Officers of the
ORANGETOWN POLICE DEPARTMENT who
Engaged in illegal and negligent behavior against
Plaintiffs,
Defendants.
________________________ ------X
AFFIDAVIT OF JAMES SULLIVAN
STATE OF NEW YORK )
) ss:
COUNTY OF ROCKLAND )
JAMES SULLIVAN, being duly sworn, deposes and says:
1. I am a Lieutenant with the Orangetown Police Department (OPD), and I have been
with the OPD for 29 years.
2. I was deposed on the above-captioned matter on December 18, 2020.
Plaintiffs'
3. In my deposition, attorney failed to ask me certain questions that are
relevant to this case, and I provide this affidavit, so the Court will have these facts for itsruling on
Defendants'
the motion for summary judgment.
4. On July 10, 2015, Det Lt Tony DeColyse, Rockland County Sheriff's Department,
sent an email to the chiefs of various police departments, including then Chief Kevin Nulty of the
OPD, relating to organizing a county-wide warrant sweep known as "Operation Look Over Your
Shoulder."
5. Chief Nulty tasked Capt Donald Butterworth with coordinating Orangetown's
efforts relating to the warrant sweep.
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
6. Capt Butterworth delegated to me the task of selecting ten warrants for the sweep.
I attach to this affidavit, as Exhibit 1, a true and accurate copy of Det Lt DeColyse's email, which
was forwarded to me by Capt Butterworth.
7. On or about July 21, 2,015, I selected ten warrants and provided them to the County
Sheriff s Department.
8. In this regard, I only provided warrants that were issued to the Orangetown Police
Department.
9. I did not provide the Russell Otero warrant to the County, because this was a
warrant issued to the South Nyack-Grand View Police Department, not the OPD, and I would not
have had a copy of this warrant at that time.
10. At the time of the warrant sweep, the OPD was not responsible for police matters
within the incorporated Village of South Nyack. South Nyack's police services were provided by
the South Nyack-Grand View Police Department.
11. I attach to this affidavit as Exhibit 2 a true and accurate copy of the Operational
Shoulder."
Plan for "Operation Look Over Your Neither I nor anyone else associated with the
OPD or the Town of Orangetown was responsible for creating the Operational Plan. The
Operational Plan was provided to me and the other participants by the Rockland Sheriff's
Department.
Shoulder,"
12. With regard to the warrant sweep known as "Operation Look Over Your
neither I nor anyone else from the OPD or the Town of Orangetown played any part in selecting 2
Buckley Place, Nyack, New York as an appmpriate target for the warrant sweep. It is my
understanding that this determination was made entirely by the South Nyack-Grand View Police
Department and the Rockland County Sheriff's Department.
13. To the best of my knowledge and belief, I declare that the foregoing is true and
correct.
ULLIVAN
Subscribed and sworn to befo e me
4th
On this day of November, 2021
otary Public
ROBERT V. MAGRINO
NOTARY PUBLIC - STATE OF NEW YORK
NO. 02MA5015089
QUALIFIED IN ROCKLAND COUN
JULY 2
COMMISSION EXPIRES 12, 20
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
EXHIBIT 1
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
Richard Pakola
From: dbutterworth@orangetown.com
Sent: Friday, July 10, 2015 1:32 PM
To: jsullivan@orangetown.com
Subject: FW: Plan - Look Over your $houlder - Phase 3
Op Op
Attachments: Target Cover Page.doc
DSgt Sullivan,
Can you go through our warrants and pick out 10 for me to have for thisWednesday (7/15/15).
Thanks
From: Antoine Decolyse [malito:decolyse@RCPIN.net]
Sent: Friday, July 10, 2015 1:16 PM
To: Brian Webster; Dan Wilson; Deena Royce; Donald Butterworth; Glenn Dietrich; John Lynch; John Maasz; Paul
Pacheco; Rich Mazzone ;Sean Willman; Steve O'Leary
Cc: Ken Johnston; Hank Bender; Michael O'Shea; Brent Newbury; Kevin Nulty; Matt Mccune; William Barbera; Mary
Barbera; Robert Vancura; Lou Falco
Subject: Plan - Look Over your Shoulder -Phase 3
Op Op
We are lcaking to conduct Op Look Over Your Shoulder Phase 3 (Warrant Sweep) on Wêdñêsday July 29, 2015. The op
briefing will be conducted at the Fire Training Center, Pomona at 0430 hrs.
An initialcoordination meeting willbe held at the Orañget0wn PD on Wednesday July 15, at 1100 brs. Participation of
representatives from NYSP (both Troops), NYS Parole, Homeland Security, Intel Unit, 201, 301, 361, and 371 is
requested.
Please select appr0ximately 10 warrants per agency for execution primarily in Rockland County. (Sma!!er agencies may
provide a lesser nu.mber of warrants).
Warrants chesêñ, should preferably be wa añts that have been recently issued, or warrants that can be successfully
executed.
Any additional warrants, ifavailable, are welcome.
Itis requested that the Target packets be prepared for each subject and should contain the following:
Cover sheet (See attachment above) to include Photo of subject, Name, DOB, Address, Type of warrant (Arrest/ Bench/
County Court , Current charges etc). .
of warrant (not original)
Map of location
Criminal history copy
. Arrest report (blank)
Permission to search consent form in English and Spanish (blank)
Property receipt form (blank)
Itis requested that the targets be turned over to.Det. Sgt. Johnston for campuaties. The warrants willalso be checked
by the RC Intelligence Center for any conflicts or for background information.
Each agency isrequested to advise by Email the number of officers that will be assigned to the detail,so that the arrest
teams can be set up.
Please advise ifany Spanish speaking officers are included. A K9 team and transport team willalso be assigned by this
agency.
T|mel|ñês for the above requested information will be finalized at the coordination meetiñg.
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
Op plan isbeing drafted.
Any questions please call
Thank you.
Song ‰êelgae
Detective Lieutenant
Roékland County Sheriffs Office
Police Division
55 New Hempstead Rd
New City NY 10956
Police Desk: 845-638-5400
Office: 845-638-5962
Cell: 845-519-9282
decolyse@repin.net
FBI NA 242
This RCPIN email, including suschmeñts, may include confidential and/or proprietary information. If the
reader of this email is not the intended recipient or his or her authorized agent, the reader is hereby notified that
any disemination, distribution, or copying of this email is prohibited. If you have received this email in error,
please notify the sender by replying to this message and deleting this email irñrammly.
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
Target #
RECENT PHOTO
Subject:
__...
Primary Address
Secondary Address
Vehicle Info
Current Warrant
Prior Arrests. . --..
Processing Location
Team Assigned
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
EXHIBIT 2
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
Rocldand County Sheriffs Office
Police Division
OPERATIONAL PLAN
NAME: OPERATION LOOK OVER YOUR SHOULDER
DATE: WBDNESDAY JULY 29, 2015
TYPE: WARRANT 1$XECUTION
CASE/INCIDENT #: 15-10698
BRIEFING DATE/TIME: 07/29/15 0430 HRS.
BRIEFING L OCATION: FIRB TRAINING CENTER, POMONA, NY 10970
AGENCIES: RCSO, NYSP, (TROOPS F & T) PAROLE, CLARKSTOWN
ORANGETOWN, S. NYACK & PIERMONT PDs, INTEL CENTER
EQUIPMENT: VBSTS, RAID JACKETS, HANDCUFFS, FLASHLIGHTS, FIRST AID
KITS, NARCAN KITS & TARGET PACKBTS
RADIO FREQUENCIES:
PRIMARY: PD SPECIAL OP S 1 (B11)
. SECONDARY: - . ____ ..... . nlINTY
NEAREST HOSPITAL: NYACK HOSPITAL
PROCESSUiG LOCATION: 301 HQ & 201 HQ
JUSTICE COURT WARTLANTS
HOLDING AREA FOR RC POLICE DIVISION CBLLS OF REQUIRED)
COUNTY COURT WARRANTS
TRANSPORT TEAMS ONE LOCATED AT 301, ONE TEAM LOCATED AT 70
COMMAND POST: FTU
NOTIFICATIONS: ALL DISPATCH CENTERS AT 0400 HRS
POTENTIAL PROBLEMS: TARGBT 9 (BAPTISTE) TEAM 4
(IF TARGET 20 (GULIElELD) TEAN 7
ANY)
PREPARED BY: DET. LT. A. DECOLY SE
APPROVER BY: CHIEF W1LLIAM BARBERA
OPERATIONAL PLAN
7/24/15 JPK
Phadia et al. v. et al. - 0001
Jean, Orangetown,
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
h
CHIEF W. BARBERA
DET. LT. A. DECOLYSE
- DET. SGT. K. JOHNSTON
DET. SGT. DONNARY (201) -
DET. SGT. SULLIVAN (301)
SGT. DAN WILSON (361)
INV STBVB LEUTHNER (371)
SGT. JOHN MAASZ (NYSP -
T)
DET. SGT. LYNCH (INTEL)
CHIBF PAUL PACHECO
(PAROLE)
ON CALL .
ADA (LOCAL)
JUDGE (201)
JUDGE (301)
POLICE JURISDICTIONS
CLARKSTOWN PD: 845-639-5800
ORANGETOWN PD: 845-359-3700
RAMAPO PD: 845-357-2400
HAVERSTRAWTOWN PD: 845-354-1500
STONY POINT PD: 845-786-2422
PIERMONT PD: 845-339-0240
SOUTH NYACK PD: 845-358-0206
SERING-VALLEY. PD: --_______8-45256-7-400 ----_____ ____.--- .. . ...
SUFFBRN PD: 845-357-2300
NYSP HAVERSTRAW 845-364-0200
NYSP TARRYTOWN 845-727-2280
AGENCY PERSONNRL
NYSP: 10
CLARKSTOWN PD: 7
ORANGETOWN PD: 7
SOUTH NYACK FD: 2
PIERMONT PD: 1
RCSO: 12
RCSO TRANSPORTS: 4
INTELLIGENCB CENTER: 3
i
TEAMS
ARREST TEAMS: 10
BCI: 2
TRANSPORT TEAMS: 2
OPERATIONAL PLAN
7/24/15 JPK
Phadia et al. v. et al. - 0002
Jean, Orangetown,
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
Rockland Sheriff's Office
County
Police Division
OPERATIONAL PLAN
BACKGROUND
The SheriffsOffice In conjunct|cawith the NY Sate Police,NYS Division of Parole,Clarkstown,Orangatewn, S. Nyack
and Piermont PDs, and the Rockland County ir."":gcase Center willconduct a jointoperation to reducethe number
of ouWnd!ng warrants primarilyIn Rockland County.
MISSION
On July 29,2015, atapprox!mata!y 0515 brs.ten Integrated teams of the above unitswillattempt to execute48
warrantsin different
towns of Rockland County.
BRIEFING
Detailed indrüct|üG wM be given atthe briefingbeing conducted at the Center
Fire Training at0450 hrs on July
29,
2015.
TARGET PACKETS
Target packets wilt beprêparéd foreach subjectand willcontain the following;
Cover sheet to IncludePhoto of subject, Name, DOB, Address, Type o½rrani (Arrest/ Bench/ County Court,
-- Gurrent sha rges-ete).--- ----------------- ------- - -.-- ----- - - --- --
Copy of warrant
Map of locatlan
Crinilnalhistory
copy
Arrestreport
Permission.tosearch consentform
Property receiptForm
TEAM LEADER
Team I.eaderswillbe responsibleforthe following:
Checking of targetpackets a bovefor allrelevantinfam1atlan
Assignment of dutiestomembers of theteam
Chain ofcustody for any evidence selted in thecourse of thewarrant execution
Allpersonal property should be leftsecure at eacharrest location.
Arrested personnel willbe trañsported to processing locationand before
arralgiied the appropriatejudge.
Note that originalwarrants willbe necessary forthe arrsignment.
Post arraignment subjects thay be turned over tothe tarspüit teams atthe pre-de:lgnated locations(201,301,and
70 locations).
NotifyingCommand on completion of arrest
Reportto commend HQfor breakdown on complatlañ ofall ta rget
aSSignments
. OPERATIONAL PLAN
7/24/15 IPX
Phadia et al. v. et al. - 0003
Jean, Orangetown,
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
TEAM/TARG ETASSIGNMEvis
COMMAND HQ
D/Lt. DeColyse
D/Sgt Johnston
D/Sgt. Donnary (201)
D/Sgt Sullivan (301)
Det. Al McMahon (BCI)
Det. Matt Winters (BCI)
TEAM 1 Targets 38, 18, 7,.36
Det. Rich Maddea (RCSO) Team Leader
Parole Officer Deena Royce
PO Warren (301) .
PO Dan Maloney (201)
TEAM2 Targets11,1, 34, 21
Det. James Tafuri (RCSO) Team Leader
ParoleOfficer Rita Flynn
PO Whalen (301)
PO Mike Keane (201) K9
TEAM 3 . Targets 17, 25,12, 29
Det. Matt Ryder Team Leader
(301)
Parole Officer Michelle Cayo
Det. Brian Michel (201)
TrooperHaberneck (NYSP)
TEAM 4 Targets 9, 8,41
Sgt. Robert Gerdvil Teamleader
(NYSP-T)
Det.JitnDavis(RCSO)
Det. Dawn Fantini (201)
PO Vergine (301)
TrooperDavidRuderfer K9
(NYSP-T)
5 Targets 13, 35, 43,22
TlÇAg
Det. John.Squillini Team Leader
(RCSO)
Parole Officer Jacobi Ward
Tmoper Anthony Favre (NTSP-T)
Tmoper William Payne (NYSP-T)
OPERATIONALPLAN
7/24/15 JPK
Phadia et al. v. et al. - 0004
Jean, Orangetown,
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
: .·
TEAM /TARGET ASSIQGdENTS
TEAM 6 Targets 2, 44, 42,49
Det.RobMcDonak1(201) TeamLeader
Det. Mel Jenkins (RCSO)
PO Domitrovitz (301)
Tpr. Dong Kim (NYSP)
TEAM 7 Targets 20, 16,15, 33, 48
Sgt. ChrisFord (RCSO) K9 Team Leadef
Det, Kerri Kralik (RCSO)
Det. Dan Ryan (301)
Inv.Seamus Lyons (INTBL)
TEAM S . Targets 31, 32, 37
Det. Prank Romano (201) Team Leader
Tpr, Christopher Bodisch (NYSP)
Det. Dwayne Defno (RCSO)
Inv.Andrew Yong (INTP1)
TEAM 9 Targets 45, 23, 39, 46, 14
Investigator Ron Colgan (NY5P) Team Leader
Tpr. Dean Andrikut (NYSP)
Inv, George Zayas (INTEL)
Sr,Patole Officer Morglewicz
TEAM 10 Targets 24,3, 6, 47
Inv. Steve Leuthner (INTEL) Team Leader
PO Consor Pitzgerald (361)
Parole Officer Mateo Pendarvis
Tpt, Timothy Noller (NY8P)
PROCESSING
PO Pemular (RCSO)
PO Fanner (RCSO)
UNASSIGNEDTARGETS
5, 10,26, 27, 28, 30
OPEPATIONAL PLAN
7/24/15 JPK. . .
Phadia et al. v. et al. - 0005
Jean, Orangetown,
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
!
Tagget Subject . DOB Teamm stody Exhausted 4%pmcif Anne Charse
1 2 301 5 Obstruct Breath /unlawfulimpris/ Haram 2nd
6 301 3 AUO Srd
.. 10 301 5 AUO3rd
4 -- yes 201 . 5 Dim Mis 4th /CPC57th / UPM/ Haramment
5 j 301 1 PetitLarceny
10 201 5 AUO3rd
1 301 4 DWi/ DIs Con /ResistingArrest
4 . 301 3 Assualt3rd -
4 301 3 Crim Mis3rd / H anasment 2nd/ Combative
| 301 5 4 Harrasment2nd
1
2 | . 301 5 1 CPCS5th
12 3 361 1 AUO3rd
23 5 _ssi o
15 R r0, Jewel 7 361 5 1 CPSP 5th /AUO3rd
7 361 5 AUC 2nd
3 . 201 5 1 Menacing 2nd
1 201 4 Crim Contemt2nd / AggHarassment 2nd
as 3 201 1 5 Burg 3rd /Pett CPSP Sth
Larceny/
20 7 201 5 Reck Endanger 2nd /Trespass /Harass 2nd
2 201 1 Crim mis 4thfPetitLan:eny/Harassment2nd
-5 201 1 Asspélt3rd, f AdditionalNYSP Warrant
23 9 2D1 . 4 3 CP(37th
.10 201 4 5 Grand Lanoeny4th / Forgesy3rd
25 a 201 1 sentence Violation
26 Payole 5 ParoleWament
Parole 5 4 ParoleWammt
28 . . Parole 3 Parole Warrant
29 _, yes 70 3 Family CourtArtide 4
70 5 Ramily CourtArticle4
31 8 NY5P 2 . DW1 1st
32 8 NY5P 2 3 AW CPC57th
as 7 NYSP 1 AUO 2nd
Phadia Jean, et al . v . et al . -
Orangetown, 0006
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
!
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021
FILED: ROCKLAND COUNTY CLERK 11/05/2021 06:30 PM INDEX NO. 033456/2016
NYSCEF DOC. NO. 97 RECEIVED NYSCEF: 11/05/2021