Preview
FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023
Page 1
. . July 26, 2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASEAU
______---------------------------------------------
MARIA LERNER and KEITH LERNERr
Plaintiffs,
-against- Index No. 607333/2020
SEAN A. MCLAUGHLIN, TOWN OF OYSTER BAY,
LINCOLN D. EILLIOT and STRICKLY SUFFOLKr INC.,
Defendants.
_________-_________________________________________
*REMOTE*
DEPOSITION OF DEFENDANT
SEAN A. McLAUGHLIN
Tuesday, July 26th, 2022
11 a.m. to 2:11 p.m
LEXITAS CASE #: 590961
REPORTER: Ann Marie Holland, CSR
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023
Page 2
July 26, 2022
1
2 This is the 200M Deposition of SEAN A. MCLAUGHLIN,
3 Defendant herein, taken pursuant to Order, held
4 via ZOOM VIDEOCONFERENCING; witness being duly
5 sworn by CHANTAL LIRIANO MOSQUERA, REGISTRATION #
6 01LI6319840, Certified. Notary Public within and
7 for the State of New York and testimony reported
8 via steno machine by ANN MARIE HOLLAND, CSR,
9 Certified Court Reporter.
10
11
12
13
14
15
'. 16
17
. .
18
19
20
21
22
23
24
25
. .
. DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023
Page 3
J'uly 26, 2022
1 A P P E A R A N C E S:
2 **ALL PARTIES APPEARED REMOTELY**
3 THE LAW OFFICES OF JOHN J. GUADAGNO
4 Attorneys for Plaintiffs
5 MARIA LERNER and KEITH LERNER
6 96 East Main Street, Second Floor
7 East Islip, New York 11730
8 631.224.2796
9 BY: JOSEPH D'ADDARIO, ESQ.
10 daddariolaw@gmail.com
11
12
13
14 LAW OFFICE OF JOSEPH NOCELLA
15 Attorneys for Defendants
16 SEAN A. McLAUGELIN, TOWN·OF OYSTER BAY -.
17 54 Audrey Lane
18 Oyster Bay, New York 11771
19 516.624.6150
20 BY: PAUL S. EERLICE, ESQ.
21 Deputy Town Attorney, Town of Oyster Bay
22 pehrlich@oysterbay-ny.gov
23
24
25
. . -
DEITZ Court R,eporting... A Lexitas Cornpany
800-678-0166
FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023
Page 4
J'uly 26, 2022
1 A P P E A n A N C E S:
2 GALLO VITUCCI & KLAR, LLP
3 Attorneys for Defendants
4 LINCOLN D. ELLIOT, STRICKLY ·SUFFOLK, INC.
5 90 Broad Street, 12th Floor
6 New York, New York 10004
7 646.695.1733
8 BY: BRANDON E. WEINSTEIN, ESQ.
9 bweinstein@gvlaw.com
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas C'.ompany
800-678-0166
FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023
Page 5
July 26, 2022
1
2 I N D E X
3 TO TESTIMONY
4 WITNESS: SEAN A. MCLAUGELIN
5
6 EXAMINATION BY PAGE
7 MR. D'ADDARIO 14, 134, 140, 142
8 MR. WEINSTEIN 109, 135, 141
9 MR. EERLICH 137
10 TO EXHIBITS MARKED
11 PLAINTIFF'S DESCRIPTION PAGE
12 Exhibit 1 Google color photograph; attached 91
hereto
13
Exhibit 2 Town of Oyster Bay 94
14 Interdepartmental Memorandum
dated November 27, 2018,
15 consisting of 1 page ; attached
hereto
16
Exhibit 3 Color photograph; attached hereto 98
17
Exhibit 4 Color photograph; attached hereto 101
18
.· Exhibit 5- Color photograph; attached hereto 103
19
Exhibit 6 Color photograph; attached hereto 106
20
* * * * * * *
21
22 DEFENDANT'S DESCRIPTION PAGE
23 Exhibit A Police Accident Report, 129
consisting of 3 pages; retained
24 by counsel
25
. .
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023
Page 6
July 26r 2022
1 REMOTE OATH BY REPORTER ACKNOWLEDGMENT
2 The attorneys participating in this deposition
3 acknowledge that the reporter is not physically
4 present in the deposition room and that he/she
5 will be reporting this deposition remotely. They
6 further acknowledge that, in lien of an oath
7 administered in person, the reporter will
8 administer the oath remotely, pursuant to
9 Executive Order Number 202.7, issued by New York
10 State Governor Andrew M. Cuomo on March 19, 2020.
11 All parties and their counsel consent to this
12 arrangement and waive any objections to this
13 manner of reporting.
14
15
16
17
18
19
20
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Coatpany
. 800-678-0166
FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023
Page 7
July 26, 2022
1 221. UNIFORM RULES FOR DEPOSITIONS
2 221.1 Objections at Depositions
3 a) Objections in general: No objections shall be
4 made at a deposition except those which, pursuant
5 - to subdivision or of Rule 3115 of
(b), (c) (d)
6 the Civil Practice Law and Rules, would be waived
7 if not interposed, and except in compliance with
8 subdivision (e) of such rule. All objections
9 made at a deposition shall be noted by the
10 officer before whom the deposition is taken, and
11 the answer shall be given and the deposition
12 . shall proceed subject to the objections and to
13 the right of a person to apply for appropriate
14 relief pursuant to Article 31 of the CPLR.
15 b) Speaking objections restricted: Every objection
16 raised during .a depositi-on s-h.al-1: be..st.ated
17 succinctly and framed so as not to suggest an
18 answer to the deponent and, at the request of the
19 questioning attorney, shall include a clear
20 statement as to any defect in form or other basis
21 of error or irregularity. Except to the extent
22 permitted by CPLR Rule 3115 or by this rule,
23 during the course of the examination, persons in
24 attendance shall not make statements or comments
25 that interfere with the questioning.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023
Page 8
July 26, 2022
1 221. UNIFORM RULES FOR DEPOSITIONS
-
2 221.2 Refusal to answer when objection is made
3 A deponent shall answer all questions at a
4 deposition, except (i) to preserve a privilege or
5 right of confidentiality, (ii) to enforce a
6 limitation set forth in an order of the court, or
7 (iii) when the question is plainly improper and
8 would, if answered, cause significant prejudice
9 to any person. An attorney shall not direct a
10 deponent not to answer except as provided in CPLR
11 Rule 3115 or this subdivision. Any refusal to
12 answer or direction not to answer shall be
13 accompanied by a succinct and clear statement of
14 the basis therefor. If the deponent does not
15 answer a question, the examining party shall have
to- - --
16 the right complete---the remainder of the.
17 deposition.
18 221.3 Communication with the deponent
19 An attorney shall not interrupt the deposition for
20 purposes of communicating with a deponent unless
21 all parties consent or communication is made for
22 the purpose of determining whether the question
23 should not be answered on the grounds set forth
24 in section 221.2 of these rules and, in such
25 event, the reason for the communication shall be
DEITZ Court Reporting... A Lexitas CC tpany
800-678-0166
FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023
Page. 9
July 26, 2022
1 221. UNIFORM RULES FOR DEPOSITIONS
2 stated for the record succinctly and clearly.
3 IT IS FURTHER STIPULATED AND AGREED that the
4 transcript may be signed before any Notary Public
5 with the same force and effect as if signed
6 before a clerk or a judge of the court.
7 IT IS FURTHER STIPULATED AND AGREED that the
B examination before trial may be utilized for all
9 purposes as provided by the CPLB.
10 IT IS FURTHER STIPULATED AND AGREED that all rights
11 provided to all parties by the CPLR cannot be
12 deemed waived, and the appropriate sections of
13 the CPLR shall be controlling with respect
14 hereto.
15 IT IS FURTHER STIPULATED AND AGREED by and between
attorneys-.for.th:e·
16 the respe-ctive partie.s hereto.
17 that a copy of this examination shall be
18. furnished, without charge, to the attorneys
19 representing the witness testifying herein.
20 * * * * * *
21
22
23
24
25
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023
Page 10
July 26, 2022
1 Deposition of Defendant SEAN A. McLAUGHLIN
2 THIS IS THE REMOTE ZOOM DEPOSITION OF SEAN
3 A. McLAUGHLIN, one of the Defendants herein,
4 pursuant to ORDER, on TUESDAY, JULY 26TH, 2022,
5 before ANN MARIE HOLLAND, CSR, Court Reporter.
6 * * * * *
7 COURT REPORTER: The
8 attorneys participating in
9 this deposition acknowledge
10 that I am not physically
11 present in the deposition
12 room and that I will be
13 reporting this deposition
14 remotely. They further
15 acknowledge that in lieu of
-- -
16 an oath administered irr
17 . person, the witness will be
18 sworn in remotely by a New
19 York notary, and the
20 witness will verbally
21 declare his testimony in
22 this matter is under
23 penalty of perjury. The
24 parties and their counsel
25 . consent to this arrangement
. .
DEITZ Court Reporting... A Lexitas Comtpany
800-678-0166
FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023
Page 11
July 26, 2022
1 Deposition of Defendant SEAN A. McLAUGHLIN
2 and waive any objections to
3 this manner of reporting.
4 Please indicate your
5 agreement by stating your
6 name, your firm, including
7 who you represent in this
8 matter, and your agreement
9 on the record.
10 MR. DTADDARIO: Joseph
11 D'Addario for the
12 Plaintiffs, Maria and Keith
13 Lerner, and we consent to
14 the aforesaid stipulations.
15 MR. WEINSTEIN: Brandon
from-
16 Weinstein Gallo:
17 Vitucci Klar for
18 Defendants, Elliot and
19 Strickly Suffolk, and we
20 consent.
21 MR. EHRLICE: Paul S.
22 Ehrlich, Deputy Town
23 Attorney, Town of Oyster
24 Bay, for the two Town
25 Defendants, we consent.
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023
Page 12
July 26, 2022
..
1 Deposition of Defendant SEAN A. McLAUGHLIN
2 COURT REPORTER: O7ay. The
3 notary will now swear in
4 the witness.
5 THE NOTARY: Good morning.
6 My name is Chantal Liriano
7 Mosquera. I am a notary
8 public qualified in the
9 5tate of New York. My
10 registration number is
11 01LI6319840. My commission
12 expires February 23rd,
13 2023. I am here to swear
14 in the witness.
15 Please raise your
16 . right ha·nd;
17 THE WITNESS: (Complied.)
18 THE NOTARY: Do you
19 solemnly swear or affirm
20 that the testimony you are
21 about to give will be true
22 underneath the penalties pf
23 perjury?
24 THE WITNES3: I do.
25 THE NOTARY: Please spell
DEITZ Court Reporting... A Lexitas Company
800-678-0166
FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020
NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023
Page 13
July 26, 2022
1 Deposition of Defendant SEAN A. McLAUGHLIN
2 your name for the record.
3 THE WITNESS: S-E-A-N, last
4 name M-c-L-A-U-G-H-L-I-N.
5 THE NOTARY: Please state
6 your address for the
7 record.
8 THE WITNES3: 24 Jerome
9 Road, Syosset, New York
10 11791.
11 THE NOTARY: Thank you very
12 much.
13 MR. EERLICH: Just by
14 Counsel, is that a home
15 address or work address?
16 THE WITNESS: Home addrese-:.
17 MR. EHRLICH: That's a home
18 address.
19 Obviously, you know,
20 all contacts should be made
21
Preview
FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023 Page 1 . . July 26, 2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASEAU ______--------------------------------------------- MARIA LERNER and KEITH LERNERr Plaintiffs, -against- Index No. 607333/2020 SEAN A. MCLAUGHLIN, TOWN OF OYSTER BAY, LINCOLN D. EILLIOT and STRICKLY SUFFOLKr INC., Defendants. _________-_________________________________________ *REMOTE* DEPOSITION OF DEFENDANT SEAN A. McLAUGHLIN Tuesday, July 26th, 2022 11 a.m. to 2:11 p.m LEXITAS CASE #: 590961 REPORTER: Ann Marie Holland, CSR DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023 Page 2 July 26, 2022 1 2 This is the 200M Deposition of SEAN A. MCLAUGHLIN, 3 Defendant herein, taken pursuant to Order, held 4 via ZOOM VIDEOCONFERENCING; witness being duly 5 sworn by CHANTAL LIRIANO MOSQUERA, REGISTRATION # 6 01LI6319840, Certified. Notary Public within and 7 for the State of New York and testimony reported 8 via steno machine by ANN MARIE HOLLAND, CSR, 9 Certified Court Reporter. 10 11 12 13 14 15 '. 16 17 . . 18 19 20 21 22 23 24 25 . . . DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023 Page 3 J'uly 26, 2022 1 A P P E A R A N C E S: 2 **ALL PARTIES APPEARED REMOTELY** 3 THE LAW OFFICES OF JOHN J. GUADAGNO 4 Attorneys for Plaintiffs 5 MARIA LERNER and KEITH LERNER 6 96 East Main Street, Second Floor 7 East Islip, New York 11730 8 631.224.2796 9 BY: JOSEPH D'ADDARIO, ESQ. 10 daddariolaw@gmail.com 11 12 13 14 LAW OFFICE OF JOSEPH NOCELLA 15 Attorneys for Defendants 16 SEAN A. McLAUGELIN, TOWN·OF OYSTER BAY -. 17 54 Audrey Lane 18 Oyster Bay, New York 11771 19 516.624.6150 20 BY: PAUL S. EERLICE, ESQ. 21 Deputy Town Attorney, Town of Oyster Bay 22 pehrlich@oysterbay-ny.gov 23 24 25 . . - DEITZ Court R,eporting... A Lexitas Cornpany 800-678-0166 FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023 Page 4 J'uly 26, 2022 1 A P P E A n A N C E S: 2 GALLO VITUCCI & KLAR, LLP 3 Attorneys for Defendants 4 LINCOLN D. ELLIOT, STRICKLY ·SUFFOLK, INC. 5 90 Broad Street, 12th Floor 6 New York, New York 10004 7 646.695.1733 8 BY: BRANDON E. WEINSTEIN, ESQ. 9 bweinstein@gvlaw.com 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas C'.ompany 800-678-0166 FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023 Page 5 July 26, 2022 1 2 I N D E X 3 TO TESTIMONY 4 WITNESS: SEAN A. MCLAUGELIN 5 6 EXAMINATION BY PAGE 7 MR. D'ADDARIO 14, 134, 140, 142 8 MR. WEINSTEIN 109, 135, 141 9 MR. EERLICH 137 10 TO EXHIBITS MARKED 11 PLAINTIFF'S DESCRIPTION PAGE 12 Exhibit 1 Google color photograph; attached 91 hereto 13 Exhibit 2 Town of Oyster Bay 94 14 Interdepartmental Memorandum dated November 27, 2018, 15 consisting of 1 page ; attached hereto 16 Exhibit 3 Color photograph; attached hereto 98 17 Exhibit 4 Color photograph; attached hereto 101 18 .· Exhibit 5- Color photograph; attached hereto 103 19 Exhibit 6 Color photograph; attached hereto 106 20 * * * * * * * 21 22 DEFENDANT'S DESCRIPTION PAGE 23 Exhibit A Police Accident Report, 129 consisting of 3 pages; retained 24 by counsel 25 . . DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023 Page 6 July 26r 2022 1 REMOTE OATH BY REPORTER ACKNOWLEDGMENT 2 The attorneys participating in this deposition 3 acknowledge that the reporter is not physically 4 present in the deposition room and that he/she 5 will be reporting this deposition remotely. They 6 further acknowledge that, in lien of an oath 7 administered in person, the reporter will 8 administer the oath remotely, pursuant to 9 Executive Order Number 202.7, issued by New York 10 State Governor Andrew M. Cuomo on March 19, 2020. 11 All parties and their counsel consent to this 12 arrangement and waive any objections to this 13 manner of reporting. 14 15 16 17 18 19 20 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Coatpany . 800-678-0166 FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023 Page 7 July 26, 2022 1 221. UNIFORM RULES FOR DEPOSITIONS 2 221.1 Objections at Depositions 3 a) Objections in general: No objections shall be 4 made at a deposition except those which, pursuant 5 - to subdivision or of Rule 3115 of (b), (c) (d) 6 the Civil Practice Law and Rules, would be waived 7 if not interposed, and except in compliance with 8 subdivision (e) of such rule. All objections 9 made at a deposition shall be noted by the 10 officer before whom the deposition is taken, and 11 the answer shall be given and the deposition 12 . shall proceed subject to the objections and to 13 the right of a person to apply for appropriate 14 relief pursuant to Article 31 of the CPLR. 15 b) Speaking objections restricted: Every objection 16 raised during .a depositi-on s-h.al-1: be..st.ated 17 succinctly and framed so as not to suggest an 18 answer to the deponent and, at the request of the 19 questioning attorney, shall include a clear 20 statement as to any defect in form or other basis 21 of error or irregularity. Except to the extent 22 permitted by CPLR Rule 3115 or by this rule, 23 during the course of the examination, persons in 24 attendance shall not make statements or comments 25 that interfere with the questioning. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023 Page 8 July 26, 2022 1 221. UNIFORM RULES FOR DEPOSITIONS - 2 221.2 Refusal to answer when objection is made 3 A deponent shall answer all questions at a 4 deposition, except (i) to preserve a privilege or 5 right of confidentiality, (ii) to enforce a 6 limitation set forth in an order of the court, or 7 (iii) when the question is plainly improper and 8 would, if answered, cause significant prejudice 9 to any person. An attorney shall not direct a 10 deponent not to answer except as provided in CPLR 11 Rule 3115 or this subdivision. Any refusal to 12 answer or direction not to answer shall be 13 accompanied by a succinct and clear statement of 14 the basis therefor. If the deponent does not 15 answer a question, the examining party shall have to- - -- 16 the right complete---the remainder of the. 17 deposition. 18 221.3 Communication with the deponent 19 An attorney shall not interrupt the deposition for 20 purposes of communicating with a deponent unless 21 all parties consent or communication is made for 22 the purpose of determining whether the question 23 should not be answered on the grounds set forth 24 in section 221.2 of these rules and, in such 25 event, the reason for the communication shall be DEITZ Court Reporting... A Lexitas CC tpany 800-678-0166 FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023 Page. 9 July 26, 2022 1 221. UNIFORM RULES FOR DEPOSITIONS 2 stated for the record succinctly and clearly. 3 IT IS FURTHER STIPULATED AND AGREED that the 4 transcript may be signed before any Notary Public 5 with the same force and effect as if signed 6 before a clerk or a judge of the court. 7 IT IS FURTHER STIPULATED AND AGREED that the B examination before trial may be utilized for all 9 purposes as provided by the CPLB. 10 IT IS FURTHER STIPULATED AND AGREED that all rights 11 provided to all parties by the CPLR cannot be 12 deemed waived, and the appropriate sections of 13 the CPLR shall be controlling with respect 14 hereto. 15 IT IS FURTHER STIPULATED AND AGREED by and between attorneys-.for.th:e· 16 the respe-ctive partie.s hereto. 17 that a copy of this examination shall be 18. furnished, without charge, to the attorneys 19 representing the witness testifying herein. 20 * * * * * * 21 22 23 24 25 DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023 Page 10 July 26, 2022 1 Deposition of Defendant SEAN A. McLAUGHLIN 2 THIS IS THE REMOTE ZOOM DEPOSITION OF SEAN 3 A. McLAUGHLIN, one of the Defendants herein, 4 pursuant to ORDER, on TUESDAY, JULY 26TH, 2022, 5 before ANN MARIE HOLLAND, CSR, Court Reporter. 6 * * * * * 7 COURT REPORTER: The 8 attorneys participating in 9 this deposition acknowledge 10 that I am not physically 11 present in the deposition 12 room and that I will be 13 reporting this deposition 14 remotely. They further 15 acknowledge that in lieu of -- - 16 an oath administered irr 17 . person, the witness will be 18 sworn in remotely by a New 19 York notary, and the 20 witness will verbally 21 declare his testimony in 22 this matter is under 23 penalty of perjury. The 24 parties and their counsel 25 . consent to this arrangement . . DEITZ Court Reporting... A Lexitas Comtpany 800-678-0166 FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023 Page 11 July 26, 2022 1 Deposition of Defendant SEAN A. McLAUGHLIN 2 and waive any objections to 3 this manner of reporting. 4 Please indicate your 5 agreement by stating your 6 name, your firm, including 7 who you represent in this 8 matter, and your agreement 9 on the record. 10 MR. DTADDARIO: Joseph 11 D'Addario for the 12 Plaintiffs, Maria and Keith 13 Lerner, and we consent to 14 the aforesaid stipulations. 15 MR. WEINSTEIN: Brandon from- 16 Weinstein Gallo: 17 Vitucci Klar for 18 Defendants, Elliot and 19 Strickly Suffolk, and we 20 consent. 21 MR. EHRLICE: Paul S. 22 Ehrlich, Deputy Town 23 Attorney, Town of Oyster 24 Bay, for the two Town 25 Defendants, we consent. DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023 Page 12 July 26, 2022 .. 1 Deposition of Defendant SEAN A. McLAUGHLIN 2 COURT REPORTER: O7ay. The 3 notary will now swear in 4 the witness. 5 THE NOTARY: Good morning. 6 My name is Chantal Liriano 7 Mosquera. I am a notary 8 public qualified in the 9 5tate of New York. My 10 registration number is 11 01LI6319840. My commission 12 expires February 23rd, 13 2023. I am here to swear 14 in the witness. 15 Please raise your 16 . right ha·nd; 17 THE WITNESS: (Complied.) 18 THE NOTARY: Do you 19 solemnly swear or affirm 20 that the testimony you are 21 about to give will be true 22 underneath the penalties pf 23 perjury? 24 THE WITNES3: I do. 25 THE NOTARY: Please spell DEITZ Court Reporting... A Lexitas Company 800-678-0166 FILED: NASSAU COUNTY CLERK 05/13/2023 12:04 AM INDEX NO. 607333/2020 NYSCEF DOC. NO. 123 RECEIVED NYSCEF: 05/13/2023 Page 13 July 26, 2022 1 Deposition of Defendant SEAN A. McLAUGHLIN 2 your name for the record. 3 THE WITNESS: S-E-A-N, last 4 name M-c-L-A-U-G-H-L-I-N. 5 THE NOTARY: Please state 6 your address for the 7 record. 8 THE WITNES3: 24 Jerome 9 Road, Syosset, New York 10 11791. 11 THE NOTARY: Thank you very 12 much. 13 MR. EERLICH: Just by 14 Counsel, is that a home 15 address or work address? 16 THE WITNESS: Home addrese-:. 17 MR. EHRLICH: That's a home 18 address. 19 Obviously, you know, 20 all contacts should be made 21