Preview
FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023
EXHIBIT
#14
FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023
ORIGINAL
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
------------------------------------------- x
EDREWEENE RAYMOND, PEDRO SERRANO,
SANDY GONZALEZ, AND RITCHIE BAEZ,
Plaintiffs,
15-CV-6885 (LTS) (HBP)
-against-
THE CITY OF NEW YORK, WILLIAM J.
BRATTON, JAMES P. O'NEILL, CHRISTOPHER
McCORMACK, AND CONSTANTIN TSACHAS,
Defendants.
_________________-------------------------- x
100 Church Street
New York, New York
June 10, 2019
10:24 a.m.
EXAMINATION BEFORE TRIAL of a Non-Party
- COREY taken the Plaintiff
Witness, GRABLE, by
in the above-entitled action, held at the
above time and place, pursuant to Subpoena,
taken before Stephen P. Sudano, a shorthand
reporter and Notary Public within and for the
State of New York.
Five Star Reporting, Inc. Phac:6sun-sos wesmessons
FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023
2
2 A P P E A R A N C E S:
3
4 NWOKORO & SCOLA, ESQUIRES
Attorneys for Plaintiff
5 30 Broad Street, Suite 1424
New York, New York 10004
6
BY: JOHN SCOLA, ESQ.
7
8
9 NEW YORK CITY LAW DEPARTMENT OFFICE OF THE
CORPORATION COUNSEL
10 Attorneys for Defendants
350 Jay Street, 8th Floor
11 Brooklyn, New York 11201
12 BY: YUVAL RUBINSTEIN, ESQ.
13
14 WORTH, LONGWORTH & LONDON LLP
Attorneys for Non-Party Witness
15 111 John Street, Suite 640
New York, New York 10038
16
BY: MITCHELL S. GARBER, ESQ.
17
18
19
20
21
22
23
24
25
Five Star Reporting, IIc. Phae: 631.224.5054 Fax 631.224.3926
FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023
3
2
3 S T I P U L A T I O N S:
4 IT IS HEREBY STIPULATED AND AGREED by and
5 between the attorneys for the respective
6 parties herein, that filing, sealing and
7 certification, and the same are, hereby
8 waived.
9
10 IT IS FURTHER STIPULATED AND AGREED that all
11 objections except as to the form of the
12 question, shall be reserved to the time of
13 the trial.
14
15 IT IS FURTHER STIPULATED AND AGREED that the
16 within deposition may be signed and sworn to
17 by an officer authorized to administer an
18 oath, with the same force and effect as if
19 signed and sworn to before the Court.
20 xxxxx
21
22
23
24
25
Five Star Reporting, Inc. rhone:o31.224405A Fax 631.224.3926
FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023
8
1 C. GRABLE
2 A. Yes.
3 Q. how were you a -- what
Now, long
4 did the job duties of the PBA delegate?
5 A. Represent police officers on
6 contractual issues, negotiate penalties with
7 discipline, help police officers with
8 private issues that probably is not PBA
9 issues, child care issues, getting days off,
10 just various personal things other than
11 contractual stuff.
12 Q. And is that an elected position?
13 A. That is an -- I was pointed first,
14 and then I became elected when the term was
15 up.
16 Q. Okay.
17 A. Then I had to run.
18 Q. How -- how often do you have
long
19 to run?
20 A. Every four years.
21 Q. When did you become a PBA
22 trustee -- rephrase that.
23 Is the next step after a PBA
24 delegate PBA trustee?
25 A. Yes.
Five Star Reporting, Inc. n=c:w·2mon w esan.s920
FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023
13
1 C. GRABLE
2 complain about Deputy Inspector Tsachas?
3 A. Including myself?
4 Q. Let's start with you.
5 A. I mean, I dealt with Tsachas as a
6 PBA delegate at Transit District 32 when he
7 was the XO.
8 Q. What complaints did you have about
9 Deputy Inspector Tsachas?
10 A. The unfair levying of command, the
11 level of discipline that was executed with
12 various officers there. I thought it was
13 excessive.
14 Q. Do you care to elaborate on that?
15 A. Well, one particular example that
16 I can remember off the top of my head as an
17 XO was an Officer Birdsong.
18 Q. B-I-R-D-S-O-N-G?
19 A. Correct.
20 Q. What about with Officer Birdsong?
21 A. He was doing some functions in
22 relation to arrest processing, and while
23 doing the arrest processing for the command,
24 he missed a court date that I thought wasn't
25 really a nonessential or wasn't an important
Five Star Reporting, Inc. Phone: 631.224.f;o54 Fax 63t.224.3926
FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023
14
1 C. GRABLE
2 court issue, and Tsachas wanted to take six
3 or seven vacation days from him.
4 Q. What's Officer Birdsong's race?
5 A. Black.
6 Q. What year was this?
7 A. That was around '08, '09.
8 Q. So what steps did you take on
9 behalf of Officer Birdsong as a PBA
10 delegate?
11 A. I tried to negotiate the --
Well,
12 the -- manage to to reduce the
try penalty
13 to what I thought was a little bit more fair
14 that was consistent at the time for missing
15 court.
16 Q. Which would have been what?
17 A. Given his particular reputation
18 and his work history, et cetera, I thought
19 it should have been warned and diminished.
20 Q. So did you talk to Inspector
21 Tsachas about this?
22 A. Yes.
23 Q. And what happened in that
24 conversation?
25 A. Well, he had adamantly disagreed
Five Star Reporting, Inc. rh-c:6sun-sos4 vas samn.son
FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023
15
1 C. GRABLE
2 with him. He took a position of he missed
3 court, so therefore this was the penalty.
4 And I think that because he wasn't in charge
5 of the command and then went to the CO at
6 the time, and ultimately it resulted in
7 getting the penalty reduced.
8 Q. Who was the CO at the time?
9 A. Can't remember.
Tsachas'
10 Q. What was response after
11 the penalty was reduced, if any?
12 A. There wasn't a none directed
13 towards me, and then shortly thereafter, he
14 left the command to go to another command.
15 Q. Tsachas left?
16 A. Yes.
17 Q. Okay.
18 Now, do you know if Officer
19 Birdsong ever filed a complaint against
20 Tsachas?
21 A. No.
22 Q. Where did Tsachas go next?
23 A. If I'm not mistaken, he went to
24 Transit District 30.
25 Q. Now, other than Officer Birdsong,
Five Star Reporting, Inc. he 63un.son v.xesan.sons
FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023
17
1 C. GRABLE
2 also transfer their tours.
3 Q. So --
4 A. So Michael Birch was one of the
5 parties that was also complaining about some
6 of those issue.
7 Q. Okay.
8 Other than Birch, do you remember
9 the names of the other officers?
10 A. Yeah, Howard Brunache [phonetic].
11 Q. Do you know how to spell that?
12 A. Unfortunately not.
13 Chris Perez Roman. I forget his
14 first name, but his last name was Abdullah.
15 Q. Were all these officers --
16 A. Charley Ruez, Aaron Diaz. And
17 those are just the ones that I could
18 remember.
19 Q. Okay.
20 A. But there was more.
21 Q. Okay.
22 Let's just go through each one.
23 Officer Brunez [sic].
24 A. Brunache.
25 Q. Is what was his race?
Five Star Reporting, Inc. none:6aun.sou mssan.sg2s
FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023
18
1 C. GRABLE
2 A. Black.
3 Q. What was Officer Roman's race?
4 A. He was Hispanic.
5 Q. Officer Abdullah, what was his
6 race?
7 A. He was African-American, black.
8 Q. Officer Ruez?
9 A. Hispanic.
10 Q. And was Officer Diaz Hispanic, as
11 well?
12 A. Yes.
13 Q. Okay.
14 So once they came to you, and they
15 had these complaints about then Captain
16 Tsachas, what steps did you take next?
17 A. Well, they varied. Um,
18 -- Ruez was the
unfortunately well, Charley
19 PBA delegate there, so many, many times, the
20 issue would -- I would defer to him to try
21 to figure out what was going on.
22 Most of the guys just retired
23 because they were concerned that had they
24 the poor evaluations -- because that
stayed,
25 was like the biggest issue, and the
Five Star Reporting, Inc. Phae 63W4-5054 Fu 639.224 6
FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023
19
1 C. GRABLE
2 transferring of the tours, those two were
3 the top two issues, and they had enough time
4 to retire, and they subsequently left.
5 Aaron Diaz is still currently
6 employed, but he got transferred to Transit
7 District 11.
8 And with Charley Ruez, he was
9 also -- he was one -- I thought one of the
10 bigger cases primarily because he was a
11 delegate. He was transferred off his tour
12 initially. And he called me up one day
13 saying that he was being transferred off his
14 tour.
15 So I said, "Well, what's going
on?"
16 He says, "Well, I worked day tours.
17 I'm trying to retire, so I wanted to get
night differential." asked then
18 some So he
19 Captain Tsachas to transfer him to the 4:00
20 to 12:00s. He complied.
21 After approximately two weeks of
22 working the tour, he went on vacation, and
23 when he came back from vacation, he informed
24 me that he was going to be transferred off
25 the tour to midnights.
Five Star Reporting, Inc. eh-c:6au sm rax 631.m.39
FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023
20
1 C. GRABLE
2 Q. Did he say why?
3 A. He said, um, lack of activity.
4 Q. What did he mean by that?
5 A. He didn't have enough summonses or
6 arrests.
7 So I asked him. I said, "Well,
8 are we talking about prior to you going to
9 4:00 to 12:00s or while you were on 4:00 to
10
12:00s?" He "While I'm on 4:00 to
says,
11
12:00s."
12 So I said, "Well, how can he make
13 that conclusion when it's only been two
weeks?" he "I don't know." So
14 So says, I
15 said, "Well, you know what? Before I get
case,"
16 involved in this I said, "Just go
back him state your case," just
17 to and
18 basically say that, in short, two weeks is
19 not really enough time to determine
20 anything.
21 Q. Right.
22 A. So he went to -- I don't know
23 specifically what he said to Tsachas, but he
24 informed me that he went to Tsachas, and he
25 later informed me that no, he's still going
Five Star Reporting, Inc. Phonc33m+$0M Fu 630243926
FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022
NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023
21
1 C. GRABLE
2 to transfer him. So I said, "Okay. Give it
3 a few days. Talk to him again and then, you
come me."
4 know, see
5 He waited, went again, he called
6 me up and stated that, "Listen: He still
7 say that he's going to transfer me to the
right."
8 midnight. I said, "All I said,
9 "Well, listen: I need you to come to my
10
office." I "When you come the
office,"
said,
11 I said, "I want you to bring your memo
12 books, your monthly reports, and um, just
13 have your sick record for the last six
14 months and also -- CDs or
any any any other,
15 well command discipline, or any discipline
16 issues you may have had for the last six
17
months."
18 So he told me that, one, he didn't
19 go sick, and he didn't have any CDs. I
20 said, "Okay. Well, just bring me the other
21 information pertaining to the memo book
22 entries -- your memo and the
booking monthly
23
reports." So he brought it to
activity my
24 office and based on my experience, he had
25 act
Preview
FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023 EXHIBIT #14 FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023 ORIGINAL UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------- x EDREWEENE RAYMOND, PEDRO SERRANO, SANDY GONZALEZ, AND RITCHIE BAEZ, Plaintiffs, 15-CV-6885 (LTS) (HBP) -against- THE CITY OF NEW YORK, WILLIAM J. BRATTON, JAMES P. O'NEILL, CHRISTOPHER McCORMACK, AND CONSTANTIN TSACHAS, Defendants. _________________-------------------------- x 100 Church Street New York, New York June 10, 2019 10:24 a.m. EXAMINATION BEFORE TRIAL of a Non-Party - COREY taken the Plaintiff Witness, GRABLE, by in the above-entitled action, held at the above time and place, pursuant to Subpoena, taken before Stephen P. Sudano, a shorthand reporter and Notary Public within and for the State of New York. Five Star Reporting, Inc. Phac:6sun-sos wesmessons FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023 2 2 A P P E A R A N C E S: 3 4 NWOKORO & SCOLA, ESQUIRES Attorneys for Plaintiff 5 30 Broad Street, Suite 1424 New York, New York 10004 6 BY: JOHN SCOLA, ESQ. 7 8 9 NEW YORK CITY LAW DEPARTMENT OFFICE OF THE CORPORATION COUNSEL 10 Attorneys for Defendants 350 Jay Street, 8th Floor 11 Brooklyn, New York 11201 12 BY: YUVAL RUBINSTEIN, ESQ. 13 14 WORTH, LONGWORTH & LONDON LLP Attorneys for Non-Party Witness 15 111 John Street, Suite 640 New York, New York 10038 16 BY: MITCHELL S. GARBER, ESQ. 17 18 19 20 21 22 23 24 25 Five Star Reporting, IIc. Phae: 631.224.5054 Fax 631.224.3926 FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023 3 2 3 S T I P U L A T I O N S: 4 IT IS HEREBY STIPULATED AND AGREED by and 5 between the attorneys for the respective 6 parties herein, that filing, sealing and 7 certification, and the same are, hereby 8 waived. 9 10 IT IS FURTHER STIPULATED AND AGREED that all 11 objections except as to the form of the 12 question, shall be reserved to the time of 13 the trial. 14 15 IT IS FURTHER STIPULATED AND AGREED that the 16 within deposition may be signed and sworn to 17 by an officer authorized to administer an 18 oath, with the same force and effect as if 19 signed and sworn to before the Court. 20 xxxxx 21 22 23 24 25 Five Star Reporting, Inc. rhone:o31.224405A Fax 631.224.3926 FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023 8 1 C. GRABLE 2 A. Yes. 3 Q. how were you a -- what Now, long 4 did the job duties of the PBA delegate? 5 A. Represent police officers on 6 contractual issues, negotiate penalties with 7 discipline, help police officers with 8 private issues that probably is not PBA 9 issues, child care issues, getting days off, 10 just various personal things other than 11 contractual stuff. 12 Q. And is that an elected position? 13 A. That is an -- I was pointed first, 14 and then I became elected when the term was 15 up. 16 Q. Okay. 17 A. Then I had to run. 18 Q. How -- how often do you have long 19 to run? 20 A. Every four years. 21 Q. When did you become a PBA 22 trustee -- rephrase that. 23 Is the next step after a PBA 24 delegate PBA trustee? 25 A. Yes. Five Star Reporting, Inc. n=c:w·2mon w esan.s920 FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023 13 1 C. GRABLE 2 complain about Deputy Inspector Tsachas? 3 A. Including myself? 4 Q. Let's start with you. 5 A. I mean, I dealt with Tsachas as a 6 PBA delegate at Transit District 32 when he 7 was the XO. 8 Q. What complaints did you have about 9 Deputy Inspector Tsachas? 10 A. The unfair levying of command, the 11 level of discipline that was executed with 12 various officers there. I thought it was 13 excessive. 14 Q. Do you care to elaborate on that? 15 A. Well, one particular example that 16 I can remember off the top of my head as an 17 XO was an Officer Birdsong. 18 Q. B-I-R-D-S-O-N-G? 19 A. Correct. 20 Q. What about with Officer Birdsong? 21 A. He was doing some functions in 22 relation to arrest processing, and while 23 doing the arrest processing for the command, 24 he missed a court date that I thought wasn't 25 really a nonessential or wasn't an important Five Star Reporting, Inc. Phone: 631.224.f;o54 Fax 63t.224.3926 FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023 14 1 C. GRABLE 2 court issue, and Tsachas wanted to take six 3 or seven vacation days from him. 4 Q. What's Officer Birdsong's race? 5 A. Black. 6 Q. What year was this? 7 A. That was around '08, '09. 8 Q. So what steps did you take on 9 behalf of Officer Birdsong as a PBA 10 delegate? 11 A. I tried to negotiate the -- Well, 12 the -- manage to to reduce the try penalty 13 to what I thought was a little bit more fair 14 that was consistent at the time for missing 15 court. 16 Q. Which would have been what? 17 A. Given his particular reputation 18 and his work history, et cetera, I thought 19 it should have been warned and diminished. 20 Q. So did you talk to Inspector 21 Tsachas about this? 22 A. Yes. 23 Q. And what happened in that 24 conversation? 25 A. Well, he had adamantly disagreed Five Star Reporting, Inc. rh-c:6sun-sos4 vas samn.son FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023 15 1 C. GRABLE 2 with him. He took a position of he missed 3 court, so therefore this was the penalty. 4 And I think that because he wasn't in charge 5 of the command and then went to the CO at 6 the time, and ultimately it resulted in 7 getting the penalty reduced. 8 Q. Who was the CO at the time? 9 A. Can't remember. Tsachas' 10 Q. What was response after 11 the penalty was reduced, if any? 12 A. There wasn't a none directed 13 towards me, and then shortly thereafter, he 14 left the command to go to another command. 15 Q. Tsachas left? 16 A. Yes. 17 Q. Okay. 18 Now, do you know if Officer 19 Birdsong ever filed a complaint against 20 Tsachas? 21 A. No. 22 Q. Where did Tsachas go next? 23 A. If I'm not mistaken, he went to 24 Transit District 30. 25 Q. Now, other than Officer Birdsong, Five Star Reporting, Inc. he 63un.son v.xesan.sons FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023 17 1 C. GRABLE 2 also transfer their tours. 3 Q. So -- 4 A. So Michael Birch was one of the 5 parties that was also complaining about some 6 of those issue. 7 Q. Okay. 8 Other than Birch, do you remember 9 the names of the other officers? 10 A. Yeah, Howard Brunache [phonetic]. 11 Q. Do you know how to spell that? 12 A. Unfortunately not. 13 Chris Perez Roman. I forget his 14 first name, but his last name was Abdullah. 15 Q. Were all these officers -- 16 A. Charley Ruez, Aaron Diaz. And 17 those are just the ones that I could 18 remember. 19 Q. Okay. 20 A. But there was more. 21 Q. Okay. 22 Let's just go through each one. 23 Officer Brunez [sic]. 24 A. Brunache. 25 Q. Is what was his race? Five Star Reporting, Inc. none:6aun.sou mssan.sg2s FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023 18 1 C. GRABLE 2 A. Black. 3 Q. What was Officer Roman's race? 4 A. He was Hispanic. 5 Q. Officer Abdullah, what was his 6 race? 7 A. He was African-American, black. 8 Q. Officer Ruez? 9 A. Hispanic. 10 Q. And was Officer Diaz Hispanic, as 11 well? 12 A. Yes. 13 Q. Okay. 14 So once they came to you, and they 15 had these complaints about then Captain 16 Tsachas, what steps did you take next? 17 A. Well, they varied. Um, 18 -- Ruez was the unfortunately well, Charley 19 PBA delegate there, so many, many times, the 20 issue would -- I would defer to him to try 21 to figure out what was going on. 22 Most of the guys just retired 23 because they were concerned that had they 24 the poor evaluations -- because that stayed, 25 was like the biggest issue, and the Five Star Reporting, Inc. Phae 63W4-5054 Fu 639.224 6 FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023 19 1 C. GRABLE 2 transferring of the tours, those two were 3 the top two issues, and they had enough time 4 to retire, and they subsequently left. 5 Aaron Diaz is still currently 6 employed, but he got transferred to Transit 7 District 11. 8 And with Charley Ruez, he was 9 also -- he was one -- I thought one of the 10 bigger cases primarily because he was a 11 delegate. He was transferred off his tour 12 initially. And he called me up one day 13 saying that he was being transferred off his 14 tour. 15 So I said, "Well, what's going on?" 16 He says, "Well, I worked day tours. 17 I'm trying to retire, so I wanted to get night differential." asked then 18 some So he 19 Captain Tsachas to transfer him to the 4:00 20 to 12:00s. He complied. 21 After approximately two weeks of 22 working the tour, he went on vacation, and 23 when he came back from vacation, he informed 24 me that he was going to be transferred off 25 the tour to midnights. Five Star Reporting, Inc. eh-c:6au sm rax 631.m.39 FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023 20 1 C. GRABLE 2 Q. Did he say why? 3 A. He said, um, lack of activity. 4 Q. What did he mean by that? 5 A. He didn't have enough summonses or 6 arrests. 7 So I asked him. I said, "Well, 8 are we talking about prior to you going to 9 4:00 to 12:00s or while you were on 4:00 to 10 12:00s?" He "While I'm on 4:00 to says, 11 12:00s." 12 So I said, "Well, how can he make 13 that conclusion when it's only been two weeks?" he "I don't know." So 14 So says, I 15 said, "Well, you know what? Before I get case," 16 involved in this I said, "Just go back him state your case," just 17 to and 18 basically say that, in short, two weeks is 19 not really enough time to determine 20 anything. 21 Q. Right. 22 A. So he went to -- I don't know 23 specifically what he said to Tsachas, but he 24 informed me that he went to Tsachas, and he 25 later informed me that no, he's still going Five Star Reporting, Inc. Phonc33m+$0M Fu 630243926 FILED: KINGS COUNTY CLERK 09/21/2023 11:31 AM INDEX NO. 520291/2022 NYSCEF DOC. NO. 78 RECEIVED NYSCEF: 09/21/2023 21 1 C. GRABLE 2 to transfer him. So I said, "Okay. Give it 3 a few days. Talk to him again and then, you come me." 4 know, see 5 He waited, went again, he called 6 me up and stated that, "Listen: He still 7 say that he's going to transfer me to the right." 8 midnight. I said, "All I said, 9 "Well, listen: I need you to come to my 10 office." I "When you come the office," said, 11 I said, "I want you to bring your memo 12 books, your monthly reports, and um, just 13 have your sick record for the last six 14 months and also -- CDs or any any any other, 15 well command discipline, or any discipline 16 issues you may have had for the last six 17 months." 18 So he told me that, one, he didn't 19 go sick, and he didn't have any CDs. I 20 said, "Okay. Well, just bring me the other 21 information pertaining to the memo book 22 entries -- your memo and the booking monthly 23 reports." So he brought it to activity my 24 office and based on my experience, he had 25 act