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2 - - - - - - - - - - - - - - - - - - - -x
3 In Re:
4 In the Matter of the
Investigation of
5
BUFFALO CENTER FOR
6 REHABILITATION AND NURSING
7 Pursuant to
Executive Law 63(12)
8
- - - - - - - - - - - - - - - - - - - -x
9
10 November 24, 2020
9:03 a.m.
11
12
13
14 C O N F I D E N T I A L
15
16
17
18 VIDEOCONFERENCE EXAMINATION of KELLY
19 KASPEREK, before ARTHUR HECHT, a Notary
20 Public of the State of New York.
21
22 * * *
23
24
25
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2 A P P E A R A N C E S :
3
LETITIA JAMES
4 Attorney General of the State of New York
1 Blue Hill Plaza, #1037
5 Pearl River, New York 10965
BY: WILLIAM T. McCLARNON, ESQ.,
6 Assistant Attorney General
(via videoconference)
7
8
LETITIA JAMES
9 Attorney General of the State of New York
28 Liberty Street
10 New York, New York 10005
BY: HILLARY CHAPMAN, ESQ.,
11 Assistant Attorney General
(via videoconference)
12
13
HINMAN STRAUB, P.C.
14 Attorneys for the Witness
121 State Street
15 Albany, New York 12207
BY: DAVID LUNTZ, ESQ.
16 (via videoconference)
17
ALSO PRESENT: SIOBHAN O'LEARY,
18 Auditor Investigator
19 MARGARET WALSH,
Medical Analyst
20
(both via videoconference)
21
22
* * *
23
24
25
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2 K E L L Y K A S P E R E K, called as a
3 witness, having been first duly sworn, was
4 examined and testified as follows:
5
6 EXAMINATION BY
7 MR. McCLARNON:
8 Q. Good morning, we are now on the
9 record. Today is November 24, 2020 and
10 the time is approximately 9:03 a.m.
11 Ms. Kasperek, can you please
12 state your name and spell it?
13 A. Kelly Kasperek, K-A-S-P-E-R-E-K.
14 Q. And what is your work address?
15 A. 1014 Delaware Avenue, Buffalo,
16 New York 14209.
17 Q. Thank you. My name is William
18 McClarnon, I'm a Special Assistant
19 Attorney General in the office of the
20 Attorney General of the State of New York.
21 We are conducting this
22 examination remotely in order to ensure
23 the health and safety of all participants
24 due to the Corona virus-related concerns.
25 The examination will be recorded
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2 by stenographic means by a court reporter
3 certified to record the deposition in the
4 State of New York and deposition exhibits
5 will be presented electronically.
6 Joining us this morning from the
7 office of the Attorney General are
8 Assistant Attorney General Hillary
9 Chapman, Auditor Investigator Siobhan
10 O'Leary and Medical Analyst Margaret
11 Walsh.
12 Before we proceed, other than
13 your devices for purposes of this
14 interview, please turn off all mobile
15 phones, laptops, tablets and other
16 electronic devices.
17 This examination is being
18 conducted by the Attorney General of the
19 State of New York pursuant to executive
20 law 63 sub 12 and other statutes and
21 regulations.
22 Before we start your testimony,
23 I'm going to mention a few ground rules?
24 Ms. Kasperek, you have the right
25 to consult with an attorney, although you
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2 do not have a right to have an attorney
3 with you in this examination, the Attorney
4 General has permitted you to have an
5 attorney present during your testimony
6 today.
7 Anything you say in this
8 examination may be used in a legal
9 proceeding. You have the right to refuse
10 to answer any question if a truthful
11 answer to the question would tend to
12 incriminate you. Any willful misstatement
13 by you may constitute perjury?
14 Finally, this examination is
15 confidential, we request that you do not
16 discuss this matter, your testimony here
17 today or any documents you may review or
18 produce in connection with today's
19 testimony with anyone other than your
20 attorneys.
21 Are you still with us, Ms.
22 Kasperek?
23 A. Yes.
24 Q. I just lost your video, so I
25 just wanted to make sure.
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2 A. Is it back?
3 Q. Not yet.
4 MR. LUNTZ: Your sound is fine,
5 but we can't see you. The
6 connectivity may be shaky.
7 Q. I'll continue on.
8 In order for the court
9 reporter -- a few other instructions. In
10 order for the court reporter to create a
11 clear record, please answer all questions
12 verbally, because the reporter cannot
13 record nonverbal gestures such as nodding
14 or shaking your head and he clearly can't
15 record those now since we can't see you.
16 Please let me finish each
17 question before you begin your answer and
18 I will allow you to finish your answer
19 before asking my next question. If you
20 need to take a break, just let me know.
21 If there's a question pending, I will ask
22 you to complete your answer before we
23 break.
24 If you do not hear a question,
25 please let me know and I will repeat it.
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2 If you do not understand a question,
3 please let me know and I will repeat it or
4 rephrase it if appropriate.
5 If you answer a question, I and
6 anyone reading this transcript will assume
7 you understood the question.
8 Do you understand that?
9 A. Yes.
10 Q. Sometimes you may give an answer
11 as completely as you can and then later
12 remember additional information, if that
13 happens to you, please tell me that you
14 would like to add something to the earlier
15 answer and we will do that right then
16 while it's on your mind, will you do that?
17 A. Yes.
18 Q. In addition, it might occur to
19 you at some point that a previous answer
20 you gave was not completely accurate, if
21 that happens, you tell me and make any
22 necessary corrections to your answers and
23 we will accept that as the corrected
24 answer, will you do that?
25 A. Yes.
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2 Q. Have you consumed any alcohol,
3 taken any drugs or medications prior to
4 testifying today or have any condition
5 that could prevent you from giving full,
6 complete and truthful answers to my
7 questions today?
8 A. No.
9 Q. And I will be asking you some
10 questions and Ms. Chapman may have
11 questions for you as well.
12 Is there any other reason why
13 you could not provide your best and most
14 accurate testimony today?
15 A. No.
16 Q. Are you represented by counsel?
17 A. Yes.
18 Q. Is Mr. Luntz here on the video
19 chat with us representing you as counsel
20 today?
21 A. Yes.
22 MR. McCLARNON: Mr. Luntz, could
23 you just note your appearance for the
24 record, please?
25 MR. LUNTZ: Sure, David Luntz,
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2 L-U-N-T-Z, from Hinman Straub, 121
3 State Street, Albany, New York.
4 MR. McCLARNON: Thank you.
5 Q. Your counsel and I have agreed
6 upon certain stipulations, we have agreed
7 to stipulate that you are present in the
8 State of New York at this time, we've
9 agreed that unless on a break, Ms.
10 Kasperek, you and your counsel will not
11 communicate with each other other than on
12 the record. We've agreed that such
13 communication includes deliberate visual
14 cues, though not inadvertent or unrelated
15 facial expressions, or by any electronic
16 communications.
17 We've also asked that other than
18 counsel, no one else be present with you
19 while you testify.
20 Where are you currently, Ms.
21 Kasperek?
22 A. I'm in my office in the
23 facility.
24 Q. Okay. Is there anyone else with
25 you currently?
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2 A. No.
3 Q. I would ask that if someone
4 comes into the room, that you immediately
5 inform us and identify that person, all
6 right?
7 A. Yes.
8 Q. Thank you. And finally, we've
9 agreed that neither side will record these
10 proceedings or any portion thereof.
11 Do you have any questions for me
12 before we proceed?
13 A. Do you want me to try to get the
14 video back up?
15 Q. The video is back up currently.
16 A. Oh, it is, currently.
17 Q. And I will note if the video
18 goes out at some point in time and you
19 will make whatever efforts you can to
20 raise it again.
21 A. Thank you.
22 Q. Buffalo Center for
23 Rehabilitation and Nursing will be
24 referred to as Buffalo Center, and Centers
25 Healthcare will be referred to as Centers
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2 Health during this examination.
3 Do you go by any other names
4 other than Kelly Kasperek or have you in
5 the past?
6 A. No.
7 Q. What is your date of birth?
8 A.
9 Q. Do you hold any professional
10 licenses?
11 A. Yes.
12 Q. What licenses are those?
13 A. I'm a registered nurse.
14 Q. And when were you licensed as a
15 registered nurse in the State of New York?
16 A. September of 2014.
17 Q. And prior to that, were you
18 licensed as a registered nurse in any
19 other state?
20 A. No.
21 Q. And who is your current
22 employer?
23 A. The center, Buffalo Center.
24 Q. Thank you. And what is your job
25 title currently?
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2 A. Director of nursing.
3 Q. And how long have you held that
4 position?
5 A. A little over a year, it was a
6 year in May.
7 Q. And who is your supervisor?
8 A. Zeke Serebrowski.
9 Q. And what is his position?
10 A. He's the administrator.
11 Q. And what are your current duties
12 as director of nursing?
13 A. I oversee all nursing staff in
14 the facility.
15 Q. And what does nursing staff
16 entail?
17 A. Licensed and unlicensed staff,
18 certified nursing assistants, licensed
19 nurses and also registered nurses.
20 Q. And what qualifies you to be a
21 director of nursing?
22 A. My experience and my license as
23 an RN.
24 Q. Okay. Have you ever been
25 investigated civilly or criminally for
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2 actions, inactions or behavior at work by
3 the Department of the Health, the Office
4 of the Inspector General, our office or
5 local state or Federal authorities --
6 A. No.
7 Q. -- you personally?
8 A. No.
9 Q. Thank you. Did you work at
10 Buffalo Center before your current
11 position?
12 A. Yes.
13 Q. In what capacity?
14 A. As the assistant director of
15 nursing.
16 Q. And how long did you work as an
17 assistant director of nursing?
18 A. About a year and a half.
19 Q. And any other positions at
20 Buffalo Center?
21 A. No.
22 Q. And other than Buffalo Center,
23 have you ever worked in a nursing home?
24 A. Yes.
25 Q. How long in total have you
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2 worked in nursing home facilities, when
3 did you first start working?
4 A. I was 18.
5 Q. Okay. Do you know approximately
6 when that was?
7 A. Well, I'm 37 now, so almost 20
8 years ago.
9 Q. Okay. And what other -- and did
10 you work -- since you started working in
11 nursing home facilities, have you worked
12 continuously in nursing home facilities up
13 until today?
14 A. No.
15 Q. What other nursing home facility
16 did you work in previously?
17 A. I worked for the Eerie County
18 Home, I worked for the McGuire Group.
19 Q. Did they operate several homes?
20 A. Yes.
21 Q. And did you work in more than
22 one of those homes?
23 A. No.
24 Q. Which home did you work in?
25 A. Seneca Manor.
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2 Q. Okay. Any others?
3 A. No.
4 Q. And in the past almost 20 years,
5 what other types of -- strike that.
6 In the past 20 years other than
7 nursing home facilities, have you worked
8 in other healthcare facilities, hospitals?
9 A. No, I worked for the OPWDD for
10 New York State.
11 Q. Okay. And approximately how
12 long did you work for them?
13 A. Approximately six months.
14 Q. And other than that, your career
15 for the last approximately 20 years has
16 been in the nursing home industry?
17 A. Yes.
18 Q. And what were your -- what were
19 your -- what was your job title at Eerie
20 County Home?
21 A. Certified nursing assistant.
22 Q. And what was your job title at
23 Seneca Manor?
24 A. Certified nursing assistant.
25 Q. Okay. Were you ever an LPN or
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2 did you just go for RN?
3 A. I went straight for my RN.
4 Q. Okay. So since you've become an
5 RN, you've worked at Buffalo Center?
6 A. Yes.
7 Q. Okay.
8 A. I also worked for the Sapphire
9 Group for approximately six months.
10 Q. Okay. As an RN?
11 A. Yes.
12 Q. In which facility?
13 A. I worked at Williamsville
14 Suburban, and then I went for training
15 at -- it's now called Buffalo Community
16 Center, I was only there for a little bit,
17 maybe a day or two.
18 Q. Okay.
19 A. And then I was transferred to
20 Ridgeview as the assistant director of
21 nursing.
22 Q. And how long had you been an RN
23 with them -- strike that.
24 And that was before you started
25 working at Buffalo Center?
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2 A. Yes.
3 Q. And how long had you been an RN
4 with the Sapphire Group before you were in
5 the position of assistant director of
6 nursing at -- was it Ridgeview?
7 A. Approximately seven to eight
8 weeks.
9 Q. Let me ask you a question, is
10 that unusual, that you'd only be an RN for
11 seven to eight weeks --
12 A. Oh, no, I apologize, I had been
13 an RN for over two years.
14 Q. Okay.
15 A. With that company was only about
16 seven or eight weeks.
17 Q. Okay, thank you. Thank you for
18 that clarification.
19 A. Yes.
20 Q. And what is Buffalo Center?
21 A. It is a long-term care and rehab
22 facility.
23 Q. And where is it located?
24 A. In downtown Buffalo.
25 Q. And can you just describe the
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2 physical plant for me, how many floors are
3 there? There's four floors, correct?
4 A. Yes.
5 Q. And -- go ahead.
6 A. We have a first floor which is
7 administrative offices and a dining room,
8 that's also where laundry is, our second
9 floor is our rehab suite and our 60-bed
10 rehab unit, our third floor is our 80-bed
11 long-term and our fourth floor is our
12 60-bed lockdown.
13 Q. And when you say lockdown, what
14 do you mean by that?
15 A. It is a locked unit for dementia
16 and other mental illness.
17 Q. Before the COVID pandemic, were
18 those units isolated? In other words,
19 when you talk about a locked down dementia
20 unit and you talk about acute care, were
21 those units exclusive to those types of
22 residents? Did you ever commingle, you
23 know, residents amongst the units?
24 A. No.
25 Q. If you're -- if the only bed
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2 space, again, I'm talking about pre-
3 pandemic, if the only bed space that was
4 available was on the fourth floor lockdown
5 dementia unit, would you only accept
6 admissions that fit the criteria for being
7 in that unit?
8 A. Yes.
9 Q. And there are single and double
10 rooms within the facility, correct?
11 A. Yes.
12 Q. And nothing else other than
13 singles or doubles, correct?
14 A. Correct.
15 Q. Do you know how many single
16 rooms there are and how many double rooms?
17 A. I don't.
18 Q. Are there single and double
19 rooms on each of the floors?
20 A. Yes.
21 MR. McCLARNON: I'm going to
22 show you, have this marked as 1.
23 [Whereupon, at this time, the
24 reporter marked as Exhibit 1 the
25 above-mentioned floor plan for
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2 identification.]
3 Q. I'll show this to you. Does
4 this appear to be a floor plan? I'll
5 scroll down so you can see better. Does
6 this appear to be a floor plan of Buffalo
7 Center?
8 A. Yeah, that is the second floor,
9 the third floor and our fourth floor.
10 Q. Okay. In each of these wings on
11 each of these floors, are there single and
12 double rooms scattered throughout those
13 wings or are some of the wings strictly
14 double rooms --
15 A. Yes.
16 Q. -- or single rooms?
17 A. Yes.
18 Q. Is that yes, they are scattered
19 throughout?
20 A. Yes, one side of the hallway
21 will be private and the other will be
22 double.
23 Q. Okay. So for instance, I'm
24 looking at the fourth floor here, are any
25 of these wings single rooms only?
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2 A. I'm sorry, you cut out.
3 Q. I said on this fourth floor
4 diagram, are any of the wings single
5 rooms?
6 A. 416 on this side is private and
7 then the other side 415, 17, those are
8 double, and then 4 --
9 Q. Let me just rephrase so we
10 understand.
11 What I'm looking at the wings,
12 for instance, you talk about 415 and 416,
13 this entire wing that starts, if you will,
14 at 415, that's a mix of single and double
15 rooms?
16 A. That is double rooms.
17 Q. All double rooms?
18 A. Yes.
19 Q. Okay. And how about the wing
20 that starts here with room 429?
21 A. I'm not sure if that's mixed or
22 not.
23 Q. Okay. All right. So in
24 general, so there are some wings that have
25 only single rooms or double rooms and then
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2 there are wings that have both, is that
3 correct?
4 A. Yes.
5 Q. Okay. You indicated the fourth
6 floor was the dementia unit, correct?
7 A. Yes.
8 Q. And third floor was the long-
9 term care unit?
10 A. Yes.
11 Q. And the second floor was the --
12 what was the second floor dedicated to,
13 prepandemic?
14 A. Subacute rehab.
15 Q. Okay. After the introduction of
16 COVID into Buffalo Center, did that makeup
17 change at all, and by that I mean did the
18 second floor remain strictly for subacute
19 or were some of those subacute mixed onto
20 third and fourth floors depending on
21 whether they were infected or not?
22 A. Yes.
23 Q. Okay. So the general makeup of
24 the facility post-COVID, as far as the
25 separation based upon the nature of the
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2 residents, changed in order to cohort
3 people that were positive and negative?
4 A. Yes.
5 Q. Okay.
6 A. We did not take non-dementia
7 residents to the fourth floor, though.
8 Q. Okay.
9 A. If I had to for zoning, the
10 fourth floor resident would come down as
11 opposed to us putting a resident without
12 the diagnoses on to the fourth floor.
13 Q. I'm sorry, I lost you a little
14 bit there. Could you repeat that? What
15 did you do, what residents on the fourth
16 floor did you move?
17 A. For example, if there was a
18 positive resident on the fourth floor, we
19 brought them down into a different zone,
20 like a red zone on the third floor and
21 cohorted that way, as opposed to moving
22 residents up to the fourth floor that
23 didn't hold the diagnosis to be on the
24 fourth floor.
25 Q. Okay. So throughout the COVID
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2 pandemic, the fourth floor remained, I
3 think as you described it, a lockdown
4 dementia unit, is that correct?
5 A. Yes.
6 Q. Can you describe your duties as
7 the director of nursing in a little bit
8 greater detail, what did you do on a
9 regular basis as director of nursing, what
10 are some of your responsibilities?
11 A. I ensure that we work in the
12 guidelines that are set by the State, to
13 stay in compliance, I oversee admissions,
14 care plans, wounds, reportable incidents.
15 Now with the changes with COVID, I do
16 report daily these to New York State as
17 well as to the company, I oversee the
18 testing for the staff and for the
19 residents, there's a whole bunch. Some of
20 the day-to-day stuff.
21 Q. And again, your responsibility
22 is to oversee nursing staff, correct?
23 A. Yes.
24 Q. So do you have any direct
25 responsibility overseeing maintenance or
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2 kitchen staff, housekeeping, any of those?
3 A. Not direct oversight. You know,
4 obviously if there's a situation that I
5 see, I handle, but when it comes to
6 disciplining, that's handled by HR.
7 Q. Okay. You indicated that you're
8 responsible for or have some
9 responsibility for admissions, what is
10 your responsibility as it relates to
11 admissions?
12 A. I -- so I receive, like, the
13 e-mails and I just review them before they
14 come, and then we sit as a team to decide
15 what room would be appropriate, or if they
16 have any extensive treatments, wound vacs,
17 IVs, feeding tubes.
18 Q. Okay. When you say you received
19 the e-mails, what e-mails are you
20 referring to?
21 A. We receive e-mails from
22 corporate with discharge summaries and
23 PRIs and just their information.
24 Q. Okay. Do all -- and when you
25 talk about corporate, you're talking about
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2 Centers Health, correct?
3 A. Yes, we have a centralized
4 admissions team.
5 Q. Okay. And so do all the
6 admissions come to you through Centers
7 Health?
8 A. Yes.
9 Q. Is there ever, to your
10 knowledge, and if you have direct
11 knowledge or not, are there ever occasions
12 when somebody contacts the facility
13 directly to try to arrange an admission?
14 A. Not to my knowledge.
15 Q. In the previous facilities that
16 you worked in, the previous nursing home
17 facilities, were they part of larger
18 organizations or were they single
19 entities?
20 Strike that, let me just
21 rephrase.
22 A. Thank you.
23 Q. I'll preface. Buffalo Center is
24 part of a larger organization, it's part
25 of Centers Health, correct?
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2 A. Yes.
3 Q. So the other nursing home
4 facilities that you worked in, were they
5 also part of larger organizations or were
6 they a single entity owned and operated by
7 itself without being part of a parent
8 corporation, if you know?
9 A. In, McGuire -- Sapphire was not,
10 they were part of a parent, Eerie County
11 Home was separate, that was the only home
12 that they had, and McGuire Group also has
13 multiple facilities.
14 Q. Okay. To your knowledge, what
15 is the deference between how Buffalo
16 Center is operated versus the Eerie County
17 Home?
18 A. I did not work as a nurse for
19 the Eerie County Home, so I'm not sure
20 what administration held or dealt with
21 there.
22 Q. Okay. Were decision making in
23 general for Buffalo Center -- let's take
24 specific instances, policies, procedures,
25 or infection control, how were those
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2 policies established?
3 A. There is a corporate team that
4 creates them.
5 Q. And do you know who comprises
6 this corporate team?
7 A. Keith Sanford and Larissa, she
8 is newer to the team.
9 Q. And do you know what her
Preview
FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 1 1 2 - - - - - - - - - - - - - - - - - - - -x 3 In Re: 4 In the Matter of the Investigation of 5 BUFFALO CENTER FOR 6 REHABILITATION AND NURSING 7 Pursuant to Executive Law 63(12) 8 - - - - - - - - - - - - - - - - - - - -x 9 10 November 24, 2020 9:03 a.m. 11 12 13 14 C O N F I D E N T I A L 15 16 17 18 VIDEOCONFERENCE EXAMINATION of KELLY 19 KASPEREK, before ARTHUR HECHT, a Notary 20 Public of the State of New York. 21 22 * * * 23 24 25 Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 2 1 2 A P P E A R A N C E S : 3 LETITIA JAMES 4 Attorney General of the State of New York 1 Blue Hill Plaza, #1037 5 Pearl River, New York 10965 BY: WILLIAM T. McCLARNON, ESQ., 6 Assistant Attorney General (via videoconference) 7 8 LETITIA JAMES 9 Attorney General of the State of New York 28 Liberty Street 10 New York, New York 10005 BY: HILLARY CHAPMAN, ESQ., 11 Assistant Attorney General (via videoconference) 12 13 HINMAN STRAUB, P.C. 14 Attorneys for the Witness 121 State Street 15 Albany, New York 12207 BY: DAVID LUNTZ, ESQ. 16 (via videoconference) 17 ALSO PRESENT: SIOBHAN O'LEARY, 18 Auditor Investigator 19 MARGARET WALSH, Medical Analyst 20 (both via videoconference) 21 22 * * * 23 24 25 Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 3 1 Kasperek - Confidential 2 K E L L Y K A S P E R E K, called as a 3 witness, having been first duly sworn, was 4 examined and testified as follows: 5 6 EXAMINATION BY 7 MR. McCLARNON: 8 Q. Good morning, we are now on the 9 record. Today is November 24, 2020 and 10 the time is approximately 9:03 a.m. 11 Ms. Kasperek, can you please 12 state your name and spell it? 13 A. Kelly Kasperek, K-A-S-P-E-R-E-K. 14 Q. And what is your work address? 15 A. 1014 Delaware Avenue, Buffalo, 16 New York 14209. 17 Q. Thank you. My name is William 18 McClarnon, I'm a Special Assistant 19 Attorney General in the office of the 20 Attorney General of the State of New York. 21 We are conducting this 22 examination remotely in order to ensure 23 the health and safety of all participants 24 due to the Corona virus-related concerns. 25 The examination will be recorded Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 4 1 Kasperek - Confidential 2 by stenographic means by a court reporter 3 certified to record the deposition in the 4 State of New York and deposition exhibits 5 will be presented electronically. 6 Joining us this morning from the 7 office of the Attorney General are 8 Assistant Attorney General Hillary 9 Chapman, Auditor Investigator Siobhan 10 O'Leary and Medical Analyst Margaret 11 Walsh. 12 Before we proceed, other than 13 your devices for purposes of this 14 interview, please turn off all mobile 15 phones, laptops, tablets and other 16 electronic devices. 17 This examination is being 18 conducted by the Attorney General of the 19 State of New York pursuant to executive 20 law 63 sub 12 and other statutes and 21 regulations. 22 Before we start your testimony, 23 I'm going to mention a few ground rules? 24 Ms. Kasperek, you have the right 25 to consult with an attorney, although you Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 5 1 Kasperek - Confidential 2 do not have a right to have an attorney 3 with you in this examination, the Attorney 4 General has permitted you to have an 5 attorney present during your testimony 6 today. 7 Anything you say in this 8 examination may be used in a legal 9 proceeding. You have the right to refuse 10 to answer any question if a truthful 11 answer to the question would tend to 12 incriminate you. Any willful misstatement 13 by you may constitute perjury? 14 Finally, this examination is 15 confidential, we request that you do not 16 discuss this matter, your testimony here 17 today or any documents you may review or 18 produce in connection with today's 19 testimony with anyone other than your 20 attorneys. 21 Are you still with us, Ms. 22 Kasperek? 23 A. Yes. 24 Q. I just lost your video, so I 25 just wanted to make sure. Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 6 1 Kasperek - Confidential 2 A. Is it back? 3 Q. Not yet. 4 MR. LUNTZ: Your sound is fine, 5 but we can't see you. The 6 connectivity may be shaky. 7 Q. I'll continue on. 8 In order for the court 9 reporter -- a few other instructions. In 10 order for the court reporter to create a 11 clear record, please answer all questions 12 verbally, because the reporter cannot 13 record nonverbal gestures such as nodding 14 or shaking your head and he clearly can't 15 record those now since we can't see you. 16 Please let me finish each 17 question before you begin your answer and 18 I will allow you to finish your answer 19 before asking my next question. If you 20 need to take a break, just let me know. 21 If there's a question pending, I will ask 22 you to complete your answer before we 23 break. 24 If you do not hear a question, 25 please let me know and I will repeat it. Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 7 1 Kasperek - Confidential 2 If you do not understand a question, 3 please let me know and I will repeat it or 4 rephrase it if appropriate. 5 If you answer a question, I and 6 anyone reading this transcript will assume 7 you understood the question. 8 Do you understand that? 9 A. Yes. 10 Q. Sometimes you may give an answer 11 as completely as you can and then later 12 remember additional information, if that 13 happens to you, please tell me that you 14 would like to add something to the earlier 15 answer and we will do that right then 16 while it's on your mind, will you do that? 17 A. Yes. 18 Q. In addition, it might occur to 19 you at some point that a previous answer 20 you gave was not completely accurate, if 21 that happens, you tell me and make any 22 necessary corrections to your answers and 23 we will accept that as the corrected 24 answer, will you do that? 25 A. Yes. Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 8 1 Kasperek - Confidential 2 Q. Have you consumed any alcohol, 3 taken any drugs or medications prior to 4 testifying today or have any condition 5 that could prevent you from giving full, 6 complete and truthful answers to my 7 questions today? 8 A. No. 9 Q. And I will be asking you some 10 questions and Ms. Chapman may have 11 questions for you as well. 12 Is there any other reason why 13 you could not provide your best and most 14 accurate testimony today? 15 A. No. 16 Q. Are you represented by counsel? 17 A. Yes. 18 Q. Is Mr. Luntz here on the video 19 chat with us representing you as counsel 20 today? 21 A. Yes. 22 MR. McCLARNON: Mr. Luntz, could 23 you just note your appearance for the 24 record, please? 25 MR. LUNTZ: Sure, David Luntz, Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 9 1 Kasperek - Confidential 2 L-U-N-T-Z, from Hinman Straub, 121 3 State Street, Albany, New York. 4 MR. McCLARNON: Thank you. 5 Q. Your counsel and I have agreed 6 upon certain stipulations, we have agreed 7 to stipulate that you are present in the 8 State of New York at this time, we've 9 agreed that unless on a break, Ms. 10 Kasperek, you and your counsel will not 11 communicate with each other other than on 12 the record. We've agreed that such 13 communication includes deliberate visual 14 cues, though not inadvertent or unrelated 15 facial expressions, or by any electronic 16 communications. 17 We've also asked that other than 18 counsel, no one else be present with you 19 while you testify. 20 Where are you currently, Ms. 21 Kasperek? 22 A. I'm in my office in the 23 facility. 24 Q. Okay. Is there anyone else with 25 you currently? Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 10 1 Kasperek - Confidential 2 A. No. 3 Q. I would ask that if someone 4 comes into the room, that you immediately 5 inform us and identify that person, all 6 right? 7 A. Yes. 8 Q. Thank you. And finally, we've 9 agreed that neither side will record these 10 proceedings or any portion thereof. 11 Do you have any questions for me 12 before we proceed? 13 A. Do you want me to try to get the 14 video back up? 15 Q. The video is back up currently. 16 A. Oh, it is, currently. 17 Q. And I will note if the video 18 goes out at some point in time and you 19 will make whatever efforts you can to 20 raise it again. 21 A. Thank you. 22 Q. Buffalo Center for 23 Rehabilitation and Nursing will be 24 referred to as Buffalo Center, and Centers 25 Healthcare will be referred to as Centers Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 11 1 Kasperek - Confidential 2 Health during this examination. 3 Do you go by any other names 4 other than Kelly Kasperek or have you in 5 the past? 6 A. No. 7 Q. What is your date of birth? 8 A. 9 Q. Do you hold any professional 10 licenses? 11 A. Yes. 12 Q. What licenses are those? 13 A. I'm a registered nurse. 14 Q. And when were you licensed as a 15 registered nurse in the State of New York? 16 A. September of 2014. 17 Q. And prior to that, were you 18 licensed as a registered nurse in any 19 other state? 20 A. No. 21 Q. And who is your current 22 employer? 23 A. The center, Buffalo Center. 24 Q. Thank you. And what is your job 25 title currently? Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 12 1 Kasperek - Confidential 2 A. Director of nursing. 3 Q. And how long have you held that 4 position? 5 A. A little over a year, it was a 6 year in May. 7 Q. And who is your supervisor? 8 A. Zeke Serebrowski. 9 Q. And what is his position? 10 A. He's the administrator. 11 Q. And what are your current duties 12 as director of nursing? 13 A. I oversee all nursing staff in 14 the facility. 15 Q. And what does nursing staff 16 entail? 17 A. Licensed and unlicensed staff, 18 certified nursing assistants, licensed 19 nurses and also registered nurses. 20 Q. And what qualifies you to be a 21 director of nursing? 22 A. My experience and my license as 23 an RN. 24 Q. Okay. Have you ever been 25 investigated civilly or criminally for Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 13 1 Kasperek - Confidential 2 actions, inactions or behavior at work by 3 the Department of the Health, the Office 4 of the Inspector General, our office or 5 local state or Federal authorities -- 6 A. No. 7 Q. -- you personally? 8 A. No. 9 Q. Thank you. Did you work at 10 Buffalo Center before your current 11 position? 12 A. Yes. 13 Q. In what capacity? 14 A. As the assistant director of 15 nursing. 16 Q. And how long did you work as an 17 assistant director of nursing? 18 A. About a year and a half. 19 Q. And any other positions at 20 Buffalo Center? 21 A. No. 22 Q. And other than Buffalo Center, 23 have you ever worked in a nursing home? 24 A. Yes. 25 Q. How long in total have you Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 14 1 Kasperek - Confidential 2 worked in nursing home facilities, when 3 did you first start working? 4 A. I was 18. 5 Q. Okay. Do you know approximately 6 when that was? 7 A. Well, I'm 37 now, so almost 20 8 years ago. 9 Q. Okay. And what other -- and did 10 you work -- since you started working in 11 nursing home facilities, have you worked 12 continuously in nursing home facilities up 13 until today? 14 A. No. 15 Q. What other nursing home facility 16 did you work in previously? 17 A. I worked for the Eerie County 18 Home, I worked for the McGuire Group. 19 Q. Did they operate several homes? 20 A. Yes. 21 Q. And did you work in more than 22 one of those homes? 23 A. No. 24 Q. Which home did you work in? 25 A. Seneca Manor. Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 15 1 Kasperek - Confidential 2 Q. Okay. Any others? 3 A. No. 4 Q. And in the past almost 20 years, 5 what other types of -- strike that. 6 In the past 20 years other than 7 nursing home facilities, have you worked 8 in other healthcare facilities, hospitals? 9 A. No, I worked for the OPWDD for 10 New York State. 11 Q. Okay. And approximately how 12 long did you work for them? 13 A. Approximately six months. 14 Q. And other than that, your career 15 for the last approximately 20 years has 16 been in the nursing home industry? 17 A. Yes. 18 Q. And what were your -- what were 19 your -- what was your job title at Eerie 20 County Home? 21 A. Certified nursing assistant. 22 Q. And what was your job title at 23 Seneca Manor? 24 A. Certified nursing assistant. 25 Q. Okay. Were you ever an LPN or Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 16 1 Kasperek - Confidential 2 did you just go for RN? 3 A. I went straight for my RN. 4 Q. Okay. So since you've become an 5 RN, you've worked at Buffalo Center? 6 A. Yes. 7 Q. Okay. 8 A. I also worked for the Sapphire 9 Group for approximately six months. 10 Q. Okay. As an RN? 11 A. Yes. 12 Q. In which facility? 13 A. I worked at Williamsville 14 Suburban, and then I went for training 15 at -- it's now called Buffalo Community 16 Center, I was only there for a little bit, 17 maybe a day or two. 18 Q. Okay. 19 A. And then I was transferred to 20 Ridgeview as the assistant director of 21 nursing. 22 Q. And how long had you been an RN 23 with them -- strike that. 24 And that was before you started 25 working at Buffalo Center? Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 17 1 Kasperek - Confidential 2 A. Yes. 3 Q. And how long had you been an RN 4 with the Sapphire Group before you were in 5 the position of assistant director of 6 nursing at -- was it Ridgeview? 7 A. Approximately seven to eight 8 weeks. 9 Q. Let me ask you a question, is 10 that unusual, that you'd only be an RN for 11 seven to eight weeks -- 12 A. Oh, no, I apologize, I had been 13 an RN for over two years. 14 Q. Okay. 15 A. With that company was only about 16 seven or eight weeks. 17 Q. Okay, thank you. Thank you for 18 that clarification. 19 A. Yes. 20 Q. And what is Buffalo Center? 21 A. It is a long-term care and rehab 22 facility. 23 Q. And where is it located? 24 A. In downtown Buffalo. 25 Q. And can you just describe the Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 18 1 Kasperek - Confidential 2 physical plant for me, how many floors are 3 there? There's four floors, correct? 4 A. Yes. 5 Q. And -- go ahead. 6 A. We have a first floor which is 7 administrative offices and a dining room, 8 that's also where laundry is, our second 9 floor is our rehab suite and our 60-bed 10 rehab unit, our third floor is our 80-bed 11 long-term and our fourth floor is our 12 60-bed lockdown. 13 Q. And when you say lockdown, what 14 do you mean by that? 15 A. It is a locked unit for dementia 16 and other mental illness. 17 Q. Before the COVID pandemic, were 18 those units isolated? In other words, 19 when you talk about a locked down dementia 20 unit and you talk about acute care, were 21 those units exclusive to those types of 22 residents? Did you ever commingle, you 23 know, residents amongst the units? 24 A. No. 25 Q. If you're -- if the only bed Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 19 1 Kasperek - Confidential 2 space, again, I'm talking about pre- 3 pandemic, if the only bed space that was 4 available was on the fourth floor lockdown 5 dementia unit, would you only accept 6 admissions that fit the criteria for being 7 in that unit? 8 A. Yes. 9 Q. And there are single and double 10 rooms within the facility, correct? 11 A. Yes. 12 Q. And nothing else other than 13 singles or doubles, correct? 14 A. Correct. 15 Q. Do you know how many single 16 rooms there are and how many double rooms? 17 A. I don't. 18 Q. Are there single and double 19 rooms on each of the floors? 20 A. Yes. 21 MR. McCLARNON: I'm going to 22 show you, have this marked as 1. 23 [Whereupon, at this time, the 24 reporter marked as Exhibit 1 the 25 above-mentioned floor plan for Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 20 1 Kasperek - Confidential 2 identification.] 3 Q. I'll show this to you. Does 4 this appear to be a floor plan? I'll 5 scroll down so you can see better. Does 6 this appear to be a floor plan of Buffalo 7 Center? 8 A. Yeah, that is the second floor, 9 the third floor and our fourth floor. 10 Q. Okay. In each of these wings on 11 each of these floors, are there single and 12 double rooms scattered throughout those 13 wings or are some of the wings strictly 14 double rooms -- 15 A. Yes. 16 Q. -- or single rooms? 17 A. Yes. 18 Q. Is that yes, they are scattered 19 throughout? 20 A. Yes, one side of the hallway 21 will be private and the other will be 22 double. 23 Q. Okay. So for instance, I'm 24 looking at the fourth floor here, are any 25 of these wings single rooms only? Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 21 1 Kasperek - Confidential 2 A. I'm sorry, you cut out. 3 Q. I said on this fourth floor 4 diagram, are any of the wings single 5 rooms? 6 A. 416 on this side is private and 7 then the other side 415, 17, those are 8 double, and then 4 -- 9 Q. Let me just rephrase so we 10 understand. 11 What I'm looking at the wings, 12 for instance, you talk about 415 and 416, 13 this entire wing that starts, if you will, 14 at 415, that's a mix of single and double 15 rooms? 16 A. That is double rooms. 17 Q. All double rooms? 18 A. Yes. 19 Q. Okay. And how about the wing 20 that starts here with room 429? 21 A. I'm not sure if that's mixed or 22 not. 23 Q. Okay. All right. So in 24 general, so there are some wings that have 25 only single rooms or double rooms and then Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 22 1 Kasperek - Confidential 2 there are wings that have both, is that 3 correct? 4 A. Yes. 5 Q. Okay. You indicated the fourth 6 floor was the dementia unit, correct? 7 A. Yes. 8 Q. And third floor was the long- 9 term care unit? 10 A. Yes. 11 Q. And the second floor was the -- 12 what was the second floor dedicated to, 13 prepandemic? 14 A. Subacute rehab. 15 Q. Okay. After the introduction of 16 COVID into Buffalo Center, did that makeup 17 change at all, and by that I mean did the 18 second floor remain strictly for subacute 19 or were some of those subacute mixed onto 20 third and fourth floors depending on 21 whether they were infected or not? 22 A. Yes. 23 Q. Okay. So the general makeup of 24 the facility post-COVID, as far as the 25 separation based upon the nature of the Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 23 1 Kasperek - Confidential 2 residents, changed in order to cohort 3 people that were positive and negative? 4 A. Yes. 5 Q. Okay. 6 A. We did not take non-dementia 7 residents to the fourth floor, though. 8 Q. Okay. 9 A. If I had to for zoning, the 10 fourth floor resident would come down as 11 opposed to us putting a resident without 12 the diagnoses on to the fourth floor. 13 Q. I'm sorry, I lost you a little 14 bit there. Could you repeat that? What 15 did you do, what residents on the fourth 16 floor did you move? 17 A. For example, if there was a 18 positive resident on the fourth floor, we 19 brought them down into a different zone, 20 like a red zone on the third floor and 21 cohorted that way, as opposed to moving 22 residents up to the fourth floor that 23 didn't hold the diagnosis to be on the 24 fourth floor. 25 Q. Okay. So throughout the COVID Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 24 1 Kasperek - Confidential 2 pandemic, the fourth floor remained, I 3 think as you described it, a lockdown 4 dementia unit, is that correct? 5 A. Yes. 6 Q. Can you describe your duties as 7 the director of nursing in a little bit 8 greater detail, what did you do on a 9 regular basis as director of nursing, what 10 are some of your responsibilities? 11 A. I ensure that we work in the 12 guidelines that are set by the State, to 13 stay in compliance, I oversee admissions, 14 care plans, wounds, reportable incidents. 15 Now with the changes with COVID, I do 16 report daily these to New York State as 17 well as to the company, I oversee the 18 testing for the staff and for the 19 residents, there's a whole bunch. Some of 20 the day-to-day stuff. 21 Q. And again, your responsibility 22 is to oversee nursing staff, correct? 23 A. Yes. 24 Q. So do you have any direct 25 responsibility overseeing maintenance or Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 25 1 Kasperek - Confidential 2 kitchen staff, housekeeping, any of those? 3 A. Not direct oversight. You know, 4 obviously if there's a situation that I 5 see, I handle, but when it comes to 6 disciplining, that's handled by HR. 7 Q. Okay. You indicated that you're 8 responsible for or have some 9 responsibility for admissions, what is 10 your responsibility as it relates to 11 admissions? 12 A. I -- so I receive, like, the 13 e-mails and I just review them before they 14 come, and then we sit as a team to decide 15 what room would be appropriate, or if they 16 have any extensive treatments, wound vacs, 17 IVs, feeding tubes. 18 Q. Okay. When you say you received 19 the e-mails, what e-mails are you 20 referring to? 21 A. We receive e-mails from 22 corporate with discharge summaries and 23 PRIs and just their information. 24 Q. Okay. Do all -- and when you 25 talk about corporate, you're talking about Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 26 1 Kasperek - Confidential 2 Centers Health, correct? 3 A. Yes, we have a centralized 4 admissions team. 5 Q. Okay. And so do all the 6 admissions come to you through Centers 7 Health? 8 A. Yes. 9 Q. Is there ever, to your 10 knowledge, and if you have direct 11 knowledge or not, are there ever occasions 12 when somebody contacts the facility 13 directly to try to arrange an admission? 14 A. Not to my knowledge. 15 Q. In the previous facilities that 16 you worked in, the previous nursing home 17 facilities, were they part of larger 18 organizations or were they single 19 entities? 20 Strike that, let me just 21 rephrase. 22 A. Thank you. 23 Q. I'll preface. Buffalo Center is 24 part of a larger organization, it's part 25 of Centers Health, correct? Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 27 1 Kasperek - Confidential 2 A. Yes. 3 Q. So the other nursing home 4 facilities that you worked in, were they 5 also part of larger organizations or were 6 they a single entity owned and operated by 7 itself without being part of a parent 8 corporation, if you know? 9 A. In, McGuire -- Sapphire was not, 10 they were part of a parent, Eerie County 11 Home was separate, that was the only home 12 that they had, and McGuire Group also has 13 multiple facilities. 14 Q. Okay. To your knowledge, what 15 is the deference between how Buffalo 16 Center is operated versus the Eerie County 17 Home? 18 A. I did not work as a nurse for 19 the Eerie County Home, so I'm not sure 20 what administration held or dealt with 21 there. 22 Q. Okay. Were decision making in 23 general for Buffalo Center -- let's take 24 specific instances, policies, procedures, 25 or infection control, how were those Veritext Legal Solutions 212-267-6868 516-608-2400 FILED: NEW YORK COUNTY CLERK 06/28/2023 10:42 AM INDEX NO. 451549/2023 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 06/28/2023 Page 28 1 Kasperek - Confidential 2 policies established? 3 A. There is a corporate team that 4 creates them. 5 Q. And do you know who comprises 6 this corporate team? 7 A. Keith Sanford and Larissa, she 8 is newer to the team. 9 Q. And do you know what her