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Robert Gree st i .
e York NY 10035
Seth Milbauer "
² ² 5°° °'°
MILBAUER )
LLP F : 212.297.0504 Christopher O'Donnell *
Jake I. Berkowitz
OF COUNSEL
Michael A. Barnett *
Paul F. Oliveri, Esq.
Allan W. Solow
Steven Lee Zaslav, P.C.
January 9, 2023
Also admitted In NJ
Leonard D. Steinman, J.S.C.
Supreme Court, Dutchess County
10 Market St
Poughkeepsie, NY 12601
Re: Jane Doe-19240 v. The Children's Home of
Poughkeepsie/Dutchess County
Index No. 2021-51440
Our File No. 19240
Dear Judge Steinman:
As you know this office represents the Plaintiff in the above entitled matter. We have
been engaged in discovery but it has been moving slower than expected. The EBT of the County
was held Friday, January 6, 2023 and yielded the enclosed post-EBT demands which are being
served today and which includes the request for two additional EBT's. The CHOP EBT was held
in December and we served follow up demands on CHOP which were responded to on January
4, 2023. The responses included the last known addresses of several employees upon whom we
intend to serve non-party subpoenas. We would therefore request an extension of time to
complete discovery. Thank you for your anticipated professional courtesies in this matter.
Respectfully submitted,
GREE IN & MILBAUER, LLP
Michael A. Barnett
MAB/ic
Rebecca Rosedale, Esq.
Morris Duffy Alonso & Pitcoff
Attorney for Defendant Dutchess County
Carolyn Loftus, Esq.
Schwab Gasparini, LLP
Attorneys for Defendant CHOP
ALL CORRESPONDENCE TO MANHATTAN OFFICE
Bronx Office: Forest Hills Office: Staten Island: Yonkers Office: Uniondale: Brooklyn Office:
272 East 149th St. 118-35 Queens Blvd. 900 South Ave. 944 North Bdwy. 626 RXR Plaza 41 Flatbush Ave.
Bronx, NY 10451 Suite 400 Suite 300 Suite G01 West Tower, 6th Floor Brooklyn, NY 11217
Forest Hills, NY 11375 Staten Island, NY 10314 Yonkers, NY 10701 Uniondale, NY 11556
1825 Park Avenue 9th Floor ATT ORNEYS
|
Robert J. Greenstein v
GREENSTEIN New York, NY 10035
Seth Milbauer *
P : 212.685.8500 Bartolomeo A. Pittarl
F : 212.297.0504 Christopher O'Donnell *
)
Jake I. Berkowitz
OF COUNSEL
Michael A. Barnett*
January 9, 2023 Paul F. oliveri, esq.
Allan W. Solow
Steven Lee Zaslav, P.C.
Rebecca Rosedale, Esq.
Also admitted In NJ
Morris Duffy Alonso Faley & Pitcoff
22nd
101 Greenwich Street, PlOOr
New York, NY 10006
RE: Jane Doe-19240 v. Children's Home of Poughkeepsie
Our File Number: 19240
Index No. 2021-51440
Dear Ms. Rosedale:
Please allow this correspondence to serve as a formal request following the January 6, 2023,
EBT of Debra Bonnerwith. Specifically, Plaintiff requests that the County search for and
produce the following:
1. Indices of Duchess County policies, procedures, protocols, algorithms, guidelines, and
expectations in effect during the years 1978-79 for employees with case management
responsibilities for children under the custody of Duchess County;
2. Duchess County policies procedures, protocols, algorithms, guidelines, and expectations
in effect during the years 1978-79 for employees with case management responsibilities
for children under the custody of Duchess County;
3. Duchess County policies, procedures, protocols, algorithms, guidelines, and expectations
in effect during the years 1978-79 pertaining to the safety and security of children under
the custody of Duchess County;
4. Duchess County policies, procedures, protocols, algorithms, guidelines, and expectations
in effect during the years 1978-79 dictating the nature and extent of communications
required between the County and facility where children under the custody of Duchess
County reside;
5. Duchess County policies, procedures, protocols, algorithms, guidelines, and expectations
in effect during the years 1978-79 dictating the nature and extent of communications
required between the County and school attended by children under the custody of
Duchess County;
6. Duchess County policies, procedures, protocols, algorithms, guidelines, and expectations
in effect during the years 1978-79 dictating the nature and extent of communications
required between the County and parents and/or guardians of children under the custody
of Duchess County;
7. Duchess County policies, procedures, protocols, algorithms, guidelines, and expectations
in effect during the years 1978-79 related to prevention of child sexual abuse of foster
care children under theWu§fWf0195BM8sTegg TTAN OFFICE
Bronx Office: Forest Hills Office: Staten Island: Yonkers Office: Uniondale: Brooklyn office:
272 East 149th St. 118-35 Queens Blvd. 900 South Ave. 944 North Bdwy. 626 RXR Plaza 41 Flatbush Ave.
Bronx, NY 10451 Suite 400 Suite 300 Suite G01 West Tower, 6th Floor Brooklyn, NY 11217
Forest Hills, NY 11375 Staten Island, NY 10314 Yonkers, NY 10701 Uniondale, NY 11556
8. Duchess County policies, procedures, protocols, algorithms, guidelines, and expectations
in effect during the years 1978-79 related to recognition of child sexual abuse of foster
care children under the custody of Duchess County;
9. Duchess County policies, procedures, protocols, algorithms, guidelines, and expectations
in effect during the years 1978-79 related to management of known or suspected child
sexual abuse of foster care children under the custody of Duchess County;
10. Indices of State policies, procedures, protocols, algorithms, guidelines, administrative
code provisions, and statutes in effect in 1978-79 specifying County obligations for foster
care children under the County's custody and residing in an institutional setting.
11. State policies, procedures, protocols, algorithms, guidelines, administrative code
provisions, and statutes in effect in 1978-1979 specifying County obligations for foster
care children under the County's custody and residing in an institutional setting.
12. State policies, procedures, protocols, algorithms, guidelines, expectations, administrative
code provisions, and statutes in effect during the years 1978-79 specifying County
obligations for the safety and security of foster care children under the custody of
Duchess County;
13. State policies, procedures, protocols, algorithms, guidelines, expectations, administrative
code provisions, and statutes in effect during the years 1978-79 specifying County
obligations related to prevention of child sexual abuse of foster care children under the
custody of Duchess County;
14. State policies, procedures, protocols, algorithms, guidelines, expectations, administrative
code provisions, and statutes in effect during the years 1978-79 specifying County
obligations related to the recognition of child sexual abuse of foster care children under
the custody of Duchess County;
15. State policies, procedures, protocols, algorithms, guidelines, expectations, administrative
code provisions, and statutes in effect during the years 1978-79 specifying County
obligations related to the management of known or suspected child sexual abuse of foster
care children under the custody of Duchess County; and
16. For the years 1978 and 1979, provide a list of employee classifications which include job
descriptions for those employees responsible in anyway for ongoing care and case
management of foster children under the custody of Duchess County.
We also request the EBT of Ruth Williams and Philip Rosino, both of whom were identified as
County employees with case management responsibilities for Plaintiff during the time she was a
resident of CHOP.
uly ours,
Si ne . o er
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Robert Gree st i . e York NY 10035 Seth Milbauer " ² ² 5°° °'° MILBAUER ) LLP F : 212.297.0504 Christopher O'Donnell * Jake I. Berkowitz OF COUNSEL Michael A. Barnett * Paul F. Oliveri, Esq. Allan W. Solow Steven Lee Zaslav, P.C. January 9, 2023 Also admitted In NJ Leonard D. Steinman, J.S.C. Supreme Court, Dutchess County 10 Market St Poughkeepsie, NY 12601 Re: Jane Doe-19240 v. The Children's Home of Poughkeepsie/Dutchess County Index No. 2021-51440 Our File No. 19240 Dear Judge Steinman: As you know this office represents the Plaintiff in the above entitled matter. We have been engaged in discovery but it has been moving slower than expected. The EBT of the County was held Friday, January 6, 2023 and yielded the enclosed post-EBT demands which are being served today and which includes the request for two additional EBT's. The CHOP EBT was held in December and we served follow up demands on CHOP which were responded to on January 4, 2023. The responses included the last known addresses of several employees upon whom we intend to serve non-party subpoenas. We would therefore request an extension of time to complete discovery. Thank you for your anticipated professional courtesies in this matter. Respectfully submitted, GREE IN & MILBAUER, LLP Michael A. Barnett MAB/ic Rebecca Rosedale, Esq. Morris Duffy Alonso & Pitcoff Attorney for Defendant Dutchess County Carolyn Loftus, Esq. Schwab Gasparini, LLP Attorneys for Defendant CHOP ALL CORRESPONDENCE TO MANHATTAN OFFICE Bronx Office: Forest Hills Office: Staten Island: Yonkers Office: Uniondale: Brooklyn Office: 272 East 149th St. 118-35 Queens Blvd. 900 South Ave. 944 North Bdwy. 626 RXR Plaza 41 Flatbush Ave. Bronx, NY 10451 Suite 400 Suite 300 Suite G01 West Tower, 6th Floor Brooklyn, NY 11217 Forest Hills, NY 11375 Staten Island, NY 10314 Yonkers, NY 10701 Uniondale, NY 11556 1825 Park Avenue 9th Floor ATT ORNEYS | Robert J. Greenstein v GREENSTEIN New York, NY 10035 Seth Milbauer * P : 212.685.8500 Bartolomeo A. Pittarl F : 212.297.0504 Christopher O'Donnell * ) Jake I. Berkowitz OF COUNSEL Michael A. Barnett* January 9, 2023 Paul F. oliveri, esq. Allan W. Solow Steven Lee Zaslav, P.C. Rebecca Rosedale, Esq. Also admitted In NJ Morris Duffy Alonso Faley & Pitcoff 22nd 101 Greenwich Street, PlOOr New York, NY 10006 RE: Jane Doe-19240 v. Children's Home of Poughkeepsie Our File Number: 19240 Index No. 2021-51440 Dear Ms. Rosedale: Please allow this correspondence to serve as a formal request following the January 6, 2023, EBT of Debra Bonnerwith. Specifically, Plaintiff requests that the County search for and produce the following: 1. Indices of Duchess County policies, procedures, protocols, algorithms, guidelines, and expectations in effect during the years 1978-79 for employees with case management responsibilities for children under the custody of Duchess County; 2. Duchess County policies procedures, protocols, algorithms, guidelines, and expectations in effect during the years 1978-79 for employees with case management responsibilities for children under the custody of Duchess County; 3. Duchess County policies, procedures, protocols, algorithms, guidelines, and expectations in effect during the years 1978-79 pertaining to the safety and security of children under the custody of Duchess County; 4. Duchess County policies, procedures, protocols, algorithms, guidelines, and expectations in effect during the years 1978-79 dictating the nature and extent of communications required between the County and facility where children under the custody of Duchess County reside; 5. Duchess County policies, procedures, protocols, algorithms, guidelines, and expectations in effect during the years 1978-79 dictating the nature and extent of communications required between the County and school attended by children under the custody of Duchess County; 6. Duchess County policies, procedures, protocols, algorithms, guidelines, and expectations in effect during the years 1978-79 dictating the nature and extent of communications required between the County and parents and/or guardians of children under the custody of Duchess County; 7. Duchess County policies, procedures, protocols, algorithms, guidelines, and expectations in effect during the years 1978-79 related to prevention of child sexual abuse of foster care children under theWu§fWf0195BM8sTegg TTAN OFFICE Bronx Office: Forest Hills Office: Staten Island: Yonkers Office: Uniondale: Brooklyn office: 272 East 149th St. 118-35 Queens Blvd. 900 South Ave. 944 North Bdwy. 626 RXR Plaza 41 Flatbush Ave. Bronx, NY 10451 Suite 400 Suite 300 Suite G01 West Tower, 6th Floor Brooklyn, NY 11217 Forest Hills, NY 11375 Staten Island, NY 10314 Yonkers, NY 10701 Uniondale, NY 11556 8. Duchess County policies, procedures, protocols, algorithms, guidelines, and expectations in effect during the years 1978-79 related to recognition of child sexual abuse of foster care children under the custody of Duchess County; 9. Duchess County policies, procedures, protocols, algorithms, guidelines, and expectations in effect during the years 1978-79 related to management of known or suspected child sexual abuse of foster care children under the custody of Duchess County; 10. Indices of State policies, procedures, protocols, algorithms, guidelines, administrative code provisions, and statutes in effect in 1978-79 specifying County obligations for foster care children under the County's custody and residing in an institutional setting. 11. State policies, procedures, protocols, algorithms, guidelines, administrative code provisions, and statutes in effect in 1978-1979 specifying County obligations for foster care children under the County's custody and residing in an institutional setting. 12. State policies, procedures, protocols, algorithms, guidelines, expectations, administrative code provisions, and statutes in effect during the years 1978-79 specifying County obligations for the safety and security of foster care children under the custody of Duchess County; 13. State policies, procedures, protocols, algorithms, guidelines, expectations, administrative code provisions, and statutes in effect during the years 1978-79 specifying County obligations related to prevention of child sexual abuse of foster care children under the custody of Duchess County; 14. State policies, procedures, protocols, algorithms, guidelines, expectations, administrative code provisions, and statutes in effect during the years 1978-79 specifying County obligations related to the recognition of child sexual abuse of foster care children under the custody of Duchess County; 15. State policies, procedures, protocols, algorithms, guidelines, expectations, administrative code provisions, and statutes in effect during the years 1978-79 specifying County obligations related to the management of known or suspected child sexual abuse of foster care children under the custody of Duchess County; and 16. For the years 1978 and 1979, provide a list of employee classifications which include job descriptions for those employees responsible in anyway for ongoing care and case management of foster children under the custody of Duchess County. We also request the EBT of Ruth Williams and Philip Rosino, both of whom were identified as County employees with case management responsibilities for Plaintiff during the time she was a resident of CHOP. uly ours, Si ne . o er