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FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024
EXHIBITA
EXHIBIT A
FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024
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In the Matter of the Claim of
VERA ITZHAKOV as Proposed Guardian for
IRENE BELIAKHOV,
Claimant,
- against -
NEW YORK CITY HEALTH AND HOSPITAL CORPORATION,
Respondent(s).
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September 16, 2020
11:10 A.M.
50-h HEARING of VERA ITZHAKOV, the
Claimant herein, taken by the attorney for the
Respondents, through a Russian Interpreter,
pursuant to Section 50-h of the General
Municipal Law, held via web conference on the
above-stated date and time before Kathleen
Anderson, a Notary Public of the State of New
York.
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1
2 A P P E A R A N C E S :
3 JACOB FUCHSBERG LAW FIRM
Attorneys for Claimant(s)
4 3 Park Avenue, Suite 3700
New York, New York 10016
5
BY: AARON HALPERN, ESQ.
6
7
8
9
FURMAN, KORNFELD & BRENNAN, LLP.
10 Attorneys for Respondent(s)
61 Broadway, 26th Floor
11 New York, New York 10006
12 BY: CHRISTOPHER FOX, ESQ.
File No. 625.250
13
14
15
16
17
18
19
20
21
22
23
24
25
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1
2 THE REPORTER: Before I swear in the
3 witness, I will ask each counsel to
4 stipulate on the record that due to the
5 current national emergency regarding the
6 coronavirus, the court reporter may swear
7 in the witness even though she is not
8 physically in the presence of the witness
9 and that there is no objection to that at
10 this time, nor will there be an objection
11 to it at a future date.
12 MR. HALPERN: No objection.
13 MR. FOX: No objection.
14 THE REPORTER: Counsel, can you
15 represent that to the best of your
16 knowledge and belief, the witness
17 appearing today via web conference is, in
18 fact, Vera Itzhakov?
19 MR. HALPERN: Yes.
20 L A N A G L A Z,
21 The Interpreter herein, having been duly
22 sworn by Kathleen Anderson, a Notary Public in
23 and for the State of New York, to interpret the
24 questions from English into Russian, and the
25 answers from Russian into English, interpreted
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1
2 as follows:
3 V E R A I T Z H A K O V,
4 The witness herein, having been first
5 duly sworn by Kathleen Anderson, a Notary
6 Public in and for the State of New York, was
7 examined, and testified as follows:
8 EXAMINATION BY
9 CHRISTOPHER FOX, ESQ.:
10 Q What is your name?
11 A Vera Itzhakov.
12 Q What is your address?
13 A
14
15 Q Good morning, Miss Itzhakov. I'm
16 going to be asking you some questions regarding
17 your mother's admission to Coney Island
18 Hospital in January 2020 and her subsequent
19 treatment.
20 A Okay, I'm ready.
21 Q Before we get started, I will just
22 have you confirm that you are alone, yes?
23 A I'm alone.
24 Q Okay. Would you mind just panning
25 the camera around the room?
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1 V. ITZHAKOV
2 (Witness complies.)
3 MR. FOX: Okay, thank you.
4 MR. HALPERN: Just let the record
5 reflect that the witness complied with
6 that request. And that there was no one
7 else in the room.
8 Q Miss Itzhakov, you understand that
9 you have the right to proceed with an in-person
10 examination, but have instead chosen to proceed
11 by a video conference and you're waiving your
12 right to any privacy concerns that may arise?
13 MR. HALPERN: Note my objection to
14 the form of the question. She has not
15 waived any right, as far as privacy. She
16 is not qualified with the legal
17 credentials, the way you posed it, as far
18 as waiving. There was an agreement to
19 proceed with the deposition in light of
20 the pandemic which we consented to at the
21 outset of this 50-h hearing. The witness
22 will not answer that question for that
23 reason.
24 MR. FOX: That's a direction not to
25 answer, just for the record?
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1 V. ITZHAKOV
2 MR. HALPERN: On the basis of the
3 objection to the form that I have made.
4 You may rephrase the question, of course.
5 And my objection to form also is premised
6 on the fact that it misstates what had
7 been consented to among the parties.
8 MR. FOX: Okay. Off the record.
9 (Whereupon, an off the record
10 discussion was held.)
11 Q Miss Itzhakov, I just quickly run
12 through just the rules for this type of
13 examination.
14 A Okay.
15 Q So just for the context, I will be
16 asking you questions and you will need to
17 respond to those questions.
18 A Okay.
19 Q I ask that you give me oral responses
20 to all questions as head nods and hand gestures
21 will not show up on the transcript. I also ask
22 that you let me finish the question and let the
23 interpreter finish translating my question
24 before answering.
25 A Okay.
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1 V. ITZHAKOV
2 Q If you don't understand one of my
3 questions, please say so by asking me to repeat
4 or clarify. If you don't do so, I will assume
5 that you understand the question and are
6 answering it to the best of your ability or
7 recollection.
8 A Okay.
9 Q If you need to take a break at any
10 point, that's okay, but I would just ask that
11 you answer any pending question before we take
12 a break.
13 A Okay.
14 Q Miss Itzhakov, are you on any
15 medications today that would affect your
16 ability to tell the truth?
17 A No.
18 Q Is there anything that would affect
19 your ability to tell the truth today?
20 A No.
21 Q Miss Itzhakov, what's your date of
22 birth?
23 A XX/XX/1976.
24 Q Where were you born?
25 A Ukraine, Dnepropetrovsk.
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1 V. ITZHAKOV
2 THE INTERPRETER: D N E P R O P E T
3 R O V S K.
4 Q Miss Itzhakov, what's your Social
5 Security number?
6 MR. HALPERN: For privacy, only the
7 last -- what do we normally do, the last
8 four digits, I guess.
9 MR. FOX: Yes.
10 A XXX-XX-7955.
11 MR. HALPERN: Only the last four
12 digits are going to be reflected on the
13 record though.
14 Q Miss Itzhakov, are you presently a
15 green card holder?
16 A No, I'm a U.S. citizen.
17 Q When did you become a U.S. citizen?
18 A Six years ago.
19 Q Prior to becoming a U.S. citizen, how
20 long were you a green card holder for?
21 MR. HALPERN: Again, objection, you
22 can answer.
23 A Ten years.
24 Q When did you first arrive in the
25 United States to take up residency?
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2 A September of '98.
3 Q And Miss Itzhakov, are you presently
4 employed?
5 A Yes.
6 Q What's your present position?
7 A The buyer for imported goods.
8 Q Where is your place of employment?
9 A Euphoria Fancy Food.
10 Q From what countries are you importing
11 goods?
12 A Israel, Russia.
13 Q Any other countries?
14 A Ukraine, sometimes Europe.
15 Q Which countries in Europe?
16 A Italy.
17 Q When you are arranging for goods to
18 be imported from Italy, do you converse in
19 Russian?
20 A Yes.
21 Q Prior to your present position, what
22 was your previous positions from your time of
23 arrival in the United States?
24 MR. HALPERN: Just note my objection
25 to this line of questioning to the extent
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1 V. ITZHAKOV
2 it seeks -- it's questioning outside the
3 scope of a 50-h hearing, but
4 notwithstanding that, I will allow the
5 witness to answer.
6 A I used to work in a jewelry store.
7 Q How long did you work at that jewelry
8 store for?
9 MR. HALPERN: Same objection. You
10 can answer.
11 A Eleven years.
12 Q Where was that jewelry store located?
13 A Bayside, Queens.
14 Q In your current position, are you
15 ever required to converse in English?
16 A Yes.
17 Q Do you speak English?
18 A Yes, but not very well.
19 Q Can you read English?
20 A Yes.
21 Q What is your level of fluency with
22 written English?
23 A Not very well.
24 Q In your present position are you
25 required to read any documents that are written
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2 in English?
3 A Yes.
4 Q What types of documents do you read
5 in English in your present employment?
6 A Different documents arrive from FDA,
7 ports, marine lines.
8 MR. FOX: I didn't catch that last
9 word.
10 THE INTERPRETER: Marine lines.
11 Q In your present employment are you
12 required to review and sign any documents that
13 are written in English?
14 A Yes.
15 Q Miss Itzhakov, are you presently
16 married?
17 A Yes.
18 Q Who is your husband?
19 A Boris Itzhakov.
20 THE INTERPRETER: B O R I S.
21 Q How long have you been married to
22 Boris Itzhakov?
23 A Nineteen years.
24 Q Were you married in the United
25 States?
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1 V. ITZHAKOV
2 A Yes.
3 Q And Miss Itzhakov, do you have any
4 children?
5 A No.
6 MR. FOX: Off the record.
7 (Whereupon, an off the record
8 discussion was held.)
9 Q Miss Itzhakov, you testified earlier
10 that you currently reside at
11 how long have you lived at that
12 address for?
13 A Seven years.
14 THE INTERPRETER: Off the record. I
15 translated 4E.
16 MR. FOX: The address is 4E?
17 Q The address is ,
18 is that correct?
19 A Correct.
20 Q Who else lives with you at that
21 address?
22 A My husband.
23 Q Did your mother live there
24 immediately prior to her admission to Coney
25 Island Hospital?
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1 V. ITZHAKOV
2 A Yes.
3 Q And did your mother live at any other
4 address during her time residing in the United
5 States?
6 A No.
7 Q And your residence is an apartment;
8 correct?
9 A Yes.
10 Q What floor of the building is your
11 residence on?
12 A Fourth.
13 Q Does your building have an elevator?
14 A Yes.
15 Q And Miss Itzhakov, do you have any
16 siblings?
17 A No.
18 Q Miss Itzhakov, have you ever received
19 any medical training?
20 THE INTERPRETER: Could you repeat
21 the question?
22 Q Miss Itzhakov, have you ever received
23 any medical training?
24 A No.
25 Q And Miss Itzhakov, what's your
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2 highest level of education?
3 A I graduated high school in Ukraine.
4 Q And Miss Itzhakov, do you have any
5 professional licenses?
6 A No.
7 Q Miss Itzhakov, have you ever been
8 convicted of a crime?
9 A No.
10 Q Miss Itzhakov, have you ever declared
11 bankruptcy?
12 A No.
13 Q Have you ever commenced a litigation?
14 MR. HALPERN: Note my objection to
15 the form. If you understand the
16 question, you can answer it.
17 A No.
18 Q Have you ever given testimony before?
19 MR. HALPERN: Note my objection to
20 form. If she understands the question,
21 she may answer it.
22 A No, I never participated in such.
23 Q Besides any discussions that you've
24 had with your attorney, which I don't want to
25 know anything about, have you discussed this
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1 V. ITZHAKOV
2 exam with anyone else?
3 A No.
4 Q Did you review any documents in
5 preparation for this exam?
6 A No.
7 Q Do you have any documents in front of
8 you today?
9 A No.
10 Q Miss Itzhakov, what was your mother's
11 date of birth?
12 A XX/XX/1953.
13 Q Where was your mother born?
14 A Dnepropetrovsk, Ukraine.
15 THE INTERPRETER: Do you need the
16 spelling again?
17 MR. FOX: No.
18 Q What was your mother's Social
19 Security number?
20 MR. HALPERN: Same objection as far
21 as just noting the last four digits on
22 the record.
23 A I don't know it by heart, I have to
24 look it up.
25 Q Miss Itzhakov, when did your mother
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1 V. ITZHAKOV
2 move to reside in the United States?
3 A October of 2012.
4 Q At the time your mother moved to the
5 United States, did she have a green card?
6 A No.
7 Q What was her immigration status at
8 the time she moved to the United States?
9 A Visa. She had a ten year long visa.
10 Q Do you know what category or type of
11 visa that was in terms of was there a letter
12 designating it?
13 A No. No, I don't remember by heart.
14 Q Did you sponsor your mother for that
15 visa?
16 A Yes.
17 Q And prior to your mother arriving in
18 the United States in October of 2012, had she
19 ever visited the United States before that?
20 A Yes.
21 Q Approximately how many times?
22 A Twice.
23 Q And when was her first visit?
24 A I don't remember the date.
25 Q Do you recall the month and year?
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2 A No, I don't remember.
3 Q Do you recall the year?
4 A I don't remember exactly.
5 Q How long did she stay in the United
6 States on her first visit?
7 A First time maybe a month, the second
8 time perhaps two weeks, I don't remember
9 exactly.
10 Q And do you recall the dates of her
11 second visit?
12 A No.
13 Q Do you recall the year of her second
14 visit?
15 A Perhaps in 2000, I don't remember
16 exact date, no.
17 Q Miss Itzhakov, did you sponsor your
18 mother for a green card?
19 A Yes.
20 Q And when did she obtain that green
21 card?
22 A I don't remember.
23 Q Do you recall the year?
24 A No.
25 Q Miss Itzhakov, was your mother
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1 V. ITZHAKOV
2 employed at the time of admission to Coney
3 Island Hospital?
4 A No.
5 Q From the time your mother moved to
6 the United States in October of 2012 up to the
7 time she -- well, the time of her death, was
8 she ever employed in the United States?
9 A No.
10 Q And how did your mother financially
11 support herself?
12 A She lived with us.
13 Q Did she contribute to the rent?
14 A No.
15 Q Did she buy groceries?
16 A Yes.
17 Q And what financial resources did she
18 use to purchase groceries?
19 A Me and my husband gave her.
20 MR. FOX: Sorry. Was there
21 something else, gave her.
22 THE INTERPRETER: That was it.
23 Q What did you and your husband give
24 your mother?
25 A The money.
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2 Q Did your mother have a bank account?
3 A No.
4 Q If your mother needed clothes, did
5 you purchase them for her?
6 A Yes.
7 Q If your mother needed money for the
8 bus or subway, did you provide her that money?
9 A I would drive her.
10 Q Did your mother ever use public
11 transportation?
12 A No.
13 Q And why did she never use public
14 transport?
15 A Because she didn't need to, I could
16 always give her a ride or my husband could or a
17 taxi.
18 Q Did your mother speak English?
19 A No.
20 Q Did your mother know any English
21 phrases?
22 A Yes.
23 Q Could your mother have a basic
24 English conversation if she was required to?
25 A Basic conversation, no, but she could
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1 V. ITZHAKOV
2 answer yes and no.
3 Q Could your mother understand spoken
4 English?
5 A Yes.
6 Q In what situations would your mother
7 be spoken to in English?
8 MR. HALPERN: Just note my objection
9 to the form. That is a very overly broad
10 question. If you can just taper it down.
11 Q Well, Miss Itzhakov, you testified
12 that your mother could understand English, in
13 what situations would she be required to
14 understand spoken English?
15 MR. HALPERN: Over my objection, you
16 can answer.
17 A As I said it's just yes, no, how
18 much, what's the amount, when buying something
19 in the store, something like that.
20 Q Could your mother read written
21 English?
22 A No.
23 Q Miss Itzhakov, when did your mother
24 die?
25 A April 6, 2020.
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2 Q And where did your mother pass away?
3 A Coney Island Hospital.
4 Q And how long had she been at Coney
5 Island hospital for?
6 A From January 22 or February. No,
7 sorry, the 22 of January.
8 Q From the time your mother was
9 admitted to Coney Island Hospital up to her
10 death on April 6, did your mother ever return
11 to her residence?
12 A No.
13 Q Was your mother married?
14 A No.
15 Q Had your mother ever been married?
16 A Yes.
17 Q And when was she married?
18 A She got married in 1975.
19 Q And when did she get divorced?
20 A I don't remember those details.
21 Q Was your mother married just the
22 once?
23 A Yes.
24 Q And was your mother's marriage
25 legally dissolved?
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1 V. ITZHAKOV
2 A Yes.
3 Q And who was she married to?
4 A Leonid Beliakhov, my father.
5 MR. FOX: Would you mind spelling
6 that for me?
7 THE INTERPRETER: O L E I N D, B L Y
8 A K H O V, phonetically.
9 MR. FOX: Could you just repeat
10 that?
11 THE INTERPRETER: B L Y A K H O V.
12 MR. HALPERN: B E L; right?
13 THE INTERPRETER: B L Y A K H O V.
14 Q Is your father still alive?
15 A Yes.
16 Q Where does your father reside?
17 A Israel.
18 Q Did your mother have any other
19 children?
20 A No.
21 Q Did your mother have any siblings?
22 A No.
23 Q Are your mother's parents both
24 deceased?
25 A Yes.
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2 Q Miss Itzhakov, what was your mother's
3 highest level of education?
4 THE INTERPRETER: The witness broke
5 off.
6 MR. FOX: I think she broke off
7 again.
8 THE INTERPRETER: She mentioned her
9 mother graduated high school and received
10 higher education after graduating
11 university.
12 MR. HALPERN: Off the record.
13 (Whereupon, an off the record
14 discussion was held.)
15 MR. FOX: Just for clarity sake, I
16 will just ask that question again as you
17 broke up during your answer.
18 Q What's your mother's highest level of
19 education?
20 A My mother graduated high school and
21 college.
22 Q And what did your mother graduate
23 from college with?
24 THE INTERPRETER: Could you clarify
25 the question, please?
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2 Q What qualification did your mother
3 obtain when she graduated from college?
4 MR. HALPERN: Just note my objection
5 to the form. You can answer.
6 A I don't remember.
7 THE WITNESS: I think the connection
8 interrupted. No, now it's fine.
9 Q Miss Itzhakov, was your mother
10 employed in Ukraine immediately prior to the
11 time she departed to take up residency in the
12 United States?
13 A Yes, sure.
14 Q What was her position?
15 A She was a store director.
16 Q How long was she in that position
17 for?
18 A I don't remember how many years she
19 was there.
20 Q What were her duties?
21 A She was a director of the store. I
22 don't remember, I was small.
23 Q Was your mother employed in the ten
24 year period prior to her departure from the
25 Ukraine in 2012?
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2 A My mom emigrated from Ukraine into
3 Israel in 1990 and she had been working in
4 Israel ever since she got there until 2012.
5 Q So your mother resided in Israel from
6 1990 to 2012; is that correct?
7 A Yes.
8 Q And what was her employment while
9 living in Israel?
10 A A manager in a store.
11 Q What type of store?
12 A Clothing.
13 Q While your mother lived in Israel,
14 was she ever unemployed for a period of time?
15 A No.
16 Q Did your mother speak any other
17 language other than Russian?
18 A Yes, Hebrew.
19 Q While your mother lived in Israel,
20 what language did she primarily converse in?
21 A Russian and Hebrew.
22 Q Was your mother fluent in Hebrew?
23 A Yes.
24 Q Did your mother ever receive any
25 medical training?
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2 A No.
3 Q Prior to your mother's admission to
4 Coney Island Hospital, was she ever involved in
5 an accident?
6 A No.
7 Q Did your mother have any professional
8 licenses?
9 A No.
10 Q Was your mother ever convicted of a
11 crime?
12 MR. HALPERN: Objection to the
13 extent -- .
14 A No.
15 MR. HALPERN: Objection to the
16 extent seeking any information outside of
17 a felony.
18 Q Miss Itzhakov, did your mother ever
19 declare bankruptcy?
20 A No.
21 Q As to clarify, that question would
22 include any similar such procedures in the
23 Ukraine and Israel, would that change your
24 answer?
25 A No.
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27
1 V. ITZHAKOV
2 Q Miss Itzhakov, have you been
3 appointed as administrator of your mother's
4 estate?
5 A No.
6 MR. HALPERN: By counsel, yes.
7 A I honestly don't really understand
8 this question at all.
9 MR. HALPERN: By counsel, I'm
10 answering the question yes.
11 Q When were you appointed administrator
12 of your mother's estate?
13 A When she passed away.
14 Q Miss Itzhakov, in which judicial
15 county were you appointed administrator of your
16 mother's estate?
17 MR. HALPERN: Just hold on, just for
18 the record, I may have misspoke. I know
19 there was a petition filed. I'm not sure
20 of the status of that. That was filed in
21 Surrogates Court.
22 MR. FOX: Okay. What county was
23 that petition filed in?
24 MR. HALPERN: It was New York State,
25 I believe it was Kings County Surrogates
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28
1 V. ITZHAKOV
2 Court. I don't have the status of that.
3 THE INTERPRETER: I reiterated the
4 subject to the witness.
5 MR. HALPERN: Thank you.
6 Q Miss Itzhakov, prior to your mother's
7 death, did she ever commence any litigation?
8 A No.
9 Q Did she -- just for clarity, did she
10 ever commence any litigation in the Ukraine or
11 Israel?
12 A No.
13 Q At the time of your mother's
14 admission to Coney Island Hospital in January
15 of 2020, did your mother have health insurance?
16 A She had Medicaid, yes.
17 Q Do you know the details of her plan?
18 A No.
19 Q Was your mother in receipt of
20 Medicare at that time?
21 A No.
22 Q At the time of your mother's
23 admission to Coney Island Hospital, did she
24 have a primary care physician?
Preview
FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 EXHIBITA EXHIBIT A FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 1 ----------------------------------------------X In the Matter of the Claim of VERA ITZHAKOV as Proposed Guardian for IRENE BELIAKHOV, Claimant, - against - NEW YORK CITY HEALTH AND HOSPITAL CORPORATION, Respondent(s). ----------------------------------------------X September 16, 2020 11:10 A.M. 50-h HEARING of VERA ITZHAKOV, the Claimant herein, taken by the attorney for the Respondents, through a Russian Interpreter, pursuant to Section 50-h of the General Municipal Law, held via web conference on the above-stated date and time before Kathleen Anderson, a Notary Public of the State of New York. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 2 1 2 A P P E A R A N C E S : 3 JACOB FUCHSBERG LAW FIRM Attorneys for Claimant(s) 4 3 Park Avenue, Suite 3700 New York, New York 10016 5 BY: AARON HALPERN, ESQ. 6 7 8 9 FURMAN, KORNFELD & BRENNAN, LLP. 10 Attorneys for Respondent(s) 61 Broadway, 26th Floor 11 New York, New York 10006 12 BY: CHRISTOPHER FOX, ESQ. File No. 625.250 13 14 15 16 17 18 19 20 21 22 23 24 25 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 3 1 2 THE REPORTER: Before I swear in the 3 witness, I will ask each counsel to 4 stipulate on the record that due to the 5 current national emergency regarding the 6 coronavirus, the court reporter may swear 7 in the witness even though she is not 8 physically in the presence of the witness 9 and that there is no objection to that at 10 this time, nor will there be an objection 11 to it at a future date. 12 MR. HALPERN: No objection. 13 MR. FOX: No objection. 14 THE REPORTER: Counsel, can you 15 represent that to the best of your 16 knowledge and belief, the witness 17 appearing today via web conference is, in 18 fact, Vera Itzhakov? 19 MR. HALPERN: Yes. 20 L A N A G L A Z, 21 The Interpreter herein, having been duly 22 sworn by Kathleen Anderson, a Notary Public in 23 and for the State of New York, to interpret the 24 questions from English into Russian, and the 25 answers from Russian into English, interpreted 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 4 1 2 as follows: 3 V E R A I T Z H A K O V, 4 The witness herein, having been first 5 duly sworn by Kathleen Anderson, a Notary 6 Public in and for the State of New York, was 7 examined, and testified as follows: 8 EXAMINATION BY 9 CHRISTOPHER FOX, ESQ.: 10 Q What is your name? 11 A Vera Itzhakov. 12 Q What is your address? 13 A 14 15 Q Good morning, Miss Itzhakov. I'm 16 going to be asking you some questions regarding 17 your mother's admission to Coney Island 18 Hospital in January 2020 and her subsequent 19 treatment. 20 A Okay, I'm ready. 21 Q Before we get started, I will just 22 have you confirm that you are alone, yes? 23 A I'm alone. 24 Q Okay. Would you mind just panning 25 the camera around the room? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 5 1 V. ITZHAKOV 2 (Witness complies.) 3 MR. FOX: Okay, thank you. 4 MR. HALPERN: Just let the record 5 reflect that the witness complied with 6 that request. And that there was no one 7 else in the room. 8 Q Miss Itzhakov, you understand that 9 you have the right to proceed with an in-person 10 examination, but have instead chosen to proceed 11 by a video conference and you're waiving your 12 right to any privacy concerns that may arise? 13 MR. HALPERN: Note my objection to 14 the form of the question. She has not 15 waived any right, as far as privacy. She 16 is not qualified with the legal 17 credentials, the way you posed it, as far 18 as waiving. There was an agreement to 19 proceed with the deposition in light of 20 the pandemic which we consented to at the 21 outset of this 50-h hearing. The witness 22 will not answer that question for that 23 reason. 24 MR. FOX: That's a direction not to 25 answer, just for the record? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 6 1 V. ITZHAKOV 2 MR. HALPERN: On the basis of the 3 objection to the form that I have made. 4 You may rephrase the question, of course. 5 And my objection to form also is premised 6 on the fact that it misstates what had 7 been consented to among the parties. 8 MR. FOX: Okay. Off the record. 9 (Whereupon, an off the record 10 discussion was held.) 11 Q Miss Itzhakov, I just quickly run 12 through just the rules for this type of 13 examination. 14 A Okay. 15 Q So just for the context, I will be 16 asking you questions and you will need to 17 respond to those questions. 18 A Okay. 19 Q I ask that you give me oral responses 20 to all questions as head nods and hand gestures 21 will not show up on the transcript. I also ask 22 that you let me finish the question and let the 23 interpreter finish translating my question 24 before answering. 25 A Okay. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 7 1 V. ITZHAKOV 2 Q If you don't understand one of my 3 questions, please say so by asking me to repeat 4 or clarify. If you don't do so, I will assume 5 that you understand the question and are 6 answering it to the best of your ability or 7 recollection. 8 A Okay. 9 Q If you need to take a break at any 10 point, that's okay, but I would just ask that 11 you answer any pending question before we take 12 a break. 13 A Okay. 14 Q Miss Itzhakov, are you on any 15 medications today that would affect your 16 ability to tell the truth? 17 A No. 18 Q Is there anything that would affect 19 your ability to tell the truth today? 20 A No. 21 Q Miss Itzhakov, what's your date of 22 birth? 23 A XX/XX/1976. 24 Q Where were you born? 25 A Ukraine, Dnepropetrovsk. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 8 1 V. ITZHAKOV 2 THE INTERPRETER: D N E P R O P E T 3 R O V S K. 4 Q Miss Itzhakov, what's your Social 5 Security number? 6 MR. HALPERN: For privacy, only the 7 last -- what do we normally do, the last 8 four digits, I guess. 9 MR. FOX: Yes. 10 A XXX-XX-7955. 11 MR. HALPERN: Only the last four 12 digits are going to be reflected on the 13 record though. 14 Q Miss Itzhakov, are you presently a 15 green card holder? 16 A No, I'm a U.S. citizen. 17 Q When did you become a U.S. citizen? 18 A Six years ago. 19 Q Prior to becoming a U.S. citizen, how 20 long were you a green card holder for? 21 MR. HALPERN: Again, objection, you 22 can answer. 23 A Ten years. 24 Q When did you first arrive in the 25 United States to take up residency? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 9 1 V. ITZHAKOV 2 A September of '98. 3 Q And Miss Itzhakov, are you presently 4 employed? 5 A Yes. 6 Q What's your present position? 7 A The buyer for imported goods. 8 Q Where is your place of employment? 9 A Euphoria Fancy Food. 10 Q From what countries are you importing 11 goods? 12 A Israel, Russia. 13 Q Any other countries? 14 A Ukraine, sometimes Europe. 15 Q Which countries in Europe? 16 A Italy. 17 Q When you are arranging for goods to 18 be imported from Italy, do you converse in 19 Russian? 20 A Yes. 21 Q Prior to your present position, what 22 was your previous positions from your time of 23 arrival in the United States? 24 MR. HALPERN: Just note my objection 25 to this line of questioning to the extent 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 10 1 V. ITZHAKOV 2 it seeks -- it's questioning outside the 3 scope of a 50-h hearing, but 4 notwithstanding that, I will allow the 5 witness to answer. 6 A I used to work in a jewelry store. 7 Q How long did you work at that jewelry 8 store for? 9 MR. HALPERN: Same objection. You 10 can answer. 11 A Eleven years. 12 Q Where was that jewelry store located? 13 A Bayside, Queens. 14 Q In your current position, are you 15 ever required to converse in English? 16 A Yes. 17 Q Do you speak English? 18 A Yes, but not very well. 19 Q Can you read English? 20 A Yes. 21 Q What is your level of fluency with 22 written English? 23 A Not very well. 24 Q In your present position are you 25 required to read any documents that are written 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 11 1 V. ITZHAKOV 2 in English? 3 A Yes. 4 Q What types of documents do you read 5 in English in your present employment? 6 A Different documents arrive from FDA, 7 ports, marine lines. 8 MR. FOX: I didn't catch that last 9 word. 10 THE INTERPRETER: Marine lines. 11 Q In your present employment are you 12 required to review and sign any documents that 13 are written in English? 14 A Yes. 15 Q Miss Itzhakov, are you presently 16 married? 17 A Yes. 18 Q Who is your husband? 19 A Boris Itzhakov. 20 THE INTERPRETER: B O R I S. 21 Q How long have you been married to 22 Boris Itzhakov? 23 A Nineteen years. 24 Q Were you married in the United 25 States? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 12 1 V. ITZHAKOV 2 A Yes. 3 Q And Miss Itzhakov, do you have any 4 children? 5 A No. 6 MR. FOX: Off the record. 7 (Whereupon, an off the record 8 discussion was held.) 9 Q Miss Itzhakov, you testified earlier 10 that you currently reside at 11 how long have you lived at that 12 address for? 13 A Seven years. 14 THE INTERPRETER: Off the record. I 15 translated 4E. 16 MR. FOX: The address is 4E? 17 Q The address is , 18 is that correct? 19 A Correct. 20 Q Who else lives with you at that 21 address? 22 A My husband. 23 Q Did your mother live there 24 immediately prior to her admission to Coney 25 Island Hospital? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 13 1 V. ITZHAKOV 2 A Yes. 3 Q And did your mother live at any other 4 address during her time residing in the United 5 States? 6 A No. 7 Q And your residence is an apartment; 8 correct? 9 A Yes. 10 Q What floor of the building is your 11 residence on? 12 A Fourth. 13 Q Does your building have an elevator? 14 A Yes. 15 Q And Miss Itzhakov, do you have any 16 siblings? 17 A No. 18 Q Miss Itzhakov, have you ever received 19 any medical training? 20 THE INTERPRETER: Could you repeat 21 the question? 22 Q Miss Itzhakov, have you ever received 23 any medical training? 24 A No. 25 Q And Miss Itzhakov, what's your 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 14 1 V. ITZHAKOV 2 highest level of education? 3 A I graduated high school in Ukraine. 4 Q And Miss Itzhakov, do you have any 5 professional licenses? 6 A No. 7 Q Miss Itzhakov, have you ever been 8 convicted of a crime? 9 A No. 10 Q Miss Itzhakov, have you ever declared 11 bankruptcy? 12 A No. 13 Q Have you ever commenced a litigation? 14 MR. HALPERN: Note my objection to 15 the form. If you understand the 16 question, you can answer it. 17 A No. 18 Q Have you ever given testimony before? 19 MR. HALPERN: Note my objection to 20 form. If she understands the question, 21 she may answer it. 22 A No, I never participated in such. 23 Q Besides any discussions that you've 24 had with your attorney, which I don't want to 25 know anything about, have you discussed this 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 15 1 V. ITZHAKOV 2 exam with anyone else? 3 A No. 4 Q Did you review any documents in 5 preparation for this exam? 6 A No. 7 Q Do you have any documents in front of 8 you today? 9 A No. 10 Q Miss Itzhakov, what was your mother's 11 date of birth? 12 A XX/XX/1953. 13 Q Where was your mother born? 14 A Dnepropetrovsk, Ukraine. 15 THE INTERPRETER: Do you need the 16 spelling again? 17 MR. FOX: No. 18 Q What was your mother's Social 19 Security number? 20 MR. HALPERN: Same objection as far 21 as just noting the last four digits on 22 the record. 23 A I don't know it by heart, I have to 24 look it up. 25 Q Miss Itzhakov, when did your mother 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 16 1 V. ITZHAKOV 2 move to reside in the United States? 3 A October of 2012. 4 Q At the time your mother moved to the 5 United States, did she have a green card? 6 A No. 7 Q What was her immigration status at 8 the time she moved to the United States? 9 A Visa. She had a ten year long visa. 10 Q Do you know what category or type of 11 visa that was in terms of was there a letter 12 designating it? 13 A No. No, I don't remember by heart. 14 Q Did you sponsor your mother for that 15 visa? 16 A Yes. 17 Q And prior to your mother arriving in 18 the United States in October of 2012, had she 19 ever visited the United States before that? 20 A Yes. 21 Q Approximately how many times? 22 A Twice. 23 Q And when was her first visit? 24 A I don't remember the date. 25 Q Do you recall the month and year? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 17 1 V. ITZHAKOV 2 A No, I don't remember. 3 Q Do you recall the year? 4 A I don't remember exactly. 5 Q How long did she stay in the United 6 States on her first visit? 7 A First time maybe a month, the second 8 time perhaps two weeks, I don't remember 9 exactly. 10 Q And do you recall the dates of her 11 second visit? 12 A No. 13 Q Do you recall the year of her second 14 visit? 15 A Perhaps in 2000, I don't remember 16 exact date, no. 17 Q Miss Itzhakov, did you sponsor your 18 mother for a green card? 19 A Yes. 20 Q And when did she obtain that green 21 card? 22 A I don't remember. 23 Q Do you recall the year? 24 A No. 25 Q Miss Itzhakov, was your mother 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 18 1 V. ITZHAKOV 2 employed at the time of admission to Coney 3 Island Hospital? 4 A No. 5 Q From the time your mother moved to 6 the United States in October of 2012 up to the 7 time she -- well, the time of her death, was 8 she ever employed in the United States? 9 A No. 10 Q And how did your mother financially 11 support herself? 12 A She lived with us. 13 Q Did she contribute to the rent? 14 A No. 15 Q Did she buy groceries? 16 A Yes. 17 Q And what financial resources did she 18 use to purchase groceries? 19 A Me and my husband gave her. 20 MR. FOX: Sorry. Was there 21 something else, gave her. 22 THE INTERPRETER: That was it. 23 Q What did you and your husband give 24 your mother? 25 A The money. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 19 1 V. ITZHAKOV 2 Q Did your mother have a bank account? 3 A No. 4 Q If your mother needed clothes, did 5 you purchase them for her? 6 A Yes. 7 Q If your mother needed money for the 8 bus or subway, did you provide her that money? 9 A I would drive her. 10 Q Did your mother ever use public 11 transportation? 12 A No. 13 Q And why did she never use public 14 transport? 15 A Because she didn't need to, I could 16 always give her a ride or my husband could or a 17 taxi. 18 Q Did your mother speak English? 19 A No. 20 Q Did your mother know any English 21 phrases? 22 A Yes. 23 Q Could your mother have a basic 24 English conversation if she was required to? 25 A Basic conversation, no, but she could 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 20 1 V. ITZHAKOV 2 answer yes and no. 3 Q Could your mother understand spoken 4 English? 5 A Yes. 6 Q In what situations would your mother 7 be spoken to in English? 8 MR. HALPERN: Just note my objection 9 to the form. That is a very overly broad 10 question. If you can just taper it down. 11 Q Well, Miss Itzhakov, you testified 12 that your mother could understand English, in 13 what situations would she be required to 14 understand spoken English? 15 MR. HALPERN: Over my objection, you 16 can answer. 17 A As I said it's just yes, no, how 18 much, what's the amount, when buying something 19 in the store, something like that. 20 Q Could your mother read written 21 English? 22 A No. 23 Q Miss Itzhakov, when did your mother 24 die? 25 A April 6, 2020. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 21 1 V. ITZHAKOV 2 Q And where did your mother pass away? 3 A Coney Island Hospital. 4 Q And how long had she been at Coney 5 Island hospital for? 6 A From January 22 or February. No, 7 sorry, the 22 of January. 8 Q From the time your mother was 9 admitted to Coney Island Hospital up to her 10 death on April 6, did your mother ever return 11 to her residence? 12 A No. 13 Q Was your mother married? 14 A No. 15 Q Had your mother ever been married? 16 A Yes. 17 Q And when was she married? 18 A She got married in 1975. 19 Q And when did she get divorced? 20 A I don't remember those details. 21 Q Was your mother married just the 22 once? 23 A Yes. 24 Q And was your mother's marriage 25 legally dissolved? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 22 1 V. ITZHAKOV 2 A Yes. 3 Q And who was she married to? 4 A Leonid Beliakhov, my father. 5 MR. FOX: Would you mind spelling 6 that for me? 7 THE INTERPRETER: O L E I N D, B L Y 8 A K H O V, phonetically. 9 MR. FOX: Could you just repeat 10 that? 11 THE INTERPRETER: B L Y A K H O V. 12 MR. HALPERN: B E L; right? 13 THE INTERPRETER: B L Y A K H O V. 14 Q Is your father still alive? 15 A Yes. 16 Q Where does your father reside? 17 A Israel. 18 Q Did your mother have any other 19 children? 20 A No. 21 Q Did your mother have any siblings? 22 A No. 23 Q Are your mother's parents both 24 deceased? 25 A Yes. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 23 1 V. ITZHAKOV 2 Q Miss Itzhakov, what was your mother's 3 highest level of education? 4 THE INTERPRETER: The witness broke 5 off. 6 MR. FOX: I think she broke off 7 again. 8 THE INTERPRETER: She mentioned her 9 mother graduated high school and received 10 higher education after graduating 11 university. 12 MR. HALPERN: Off the record. 13 (Whereupon, an off the record 14 discussion was held.) 15 MR. FOX: Just for clarity sake, I 16 will just ask that question again as you 17 broke up during your answer. 18 Q What's your mother's highest level of 19 education? 20 A My mother graduated high school and 21 college. 22 Q And what did your mother graduate 23 from college with? 24 THE INTERPRETER: Could you clarify 25 the question, please? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 24 1 V. ITZHAKOV 2 Q What qualification did your mother 3 obtain when she graduated from college? 4 MR. HALPERN: Just note my objection 5 to the form. You can answer. 6 A I don't remember. 7 THE WITNESS: I think the connection 8 interrupted. No, now it's fine. 9 Q Miss Itzhakov, was your mother 10 employed in Ukraine immediately prior to the 11 time she departed to take up residency in the 12 United States? 13 A Yes, sure. 14 Q What was her position? 15 A She was a store director. 16 Q How long was she in that position 17 for? 18 A I don't remember how many years she 19 was there. 20 Q What were her duties? 21 A She was a director of the store. I 22 don't remember, I was small. 23 Q Was your mother employed in the ten 24 year period prior to her departure from the 25 Ukraine in 2012? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 25 1 V. ITZHAKOV 2 A My mom emigrated from Ukraine into 3 Israel in 1990 and she had been working in 4 Israel ever since she got there until 2012. 5 Q So your mother resided in Israel from 6 1990 to 2012; is that correct? 7 A Yes. 8 Q And what was her employment while 9 living in Israel? 10 A A manager in a store. 11 Q What type of store? 12 A Clothing. 13 Q While your mother lived in Israel, 14 was she ever unemployed for a period of time? 15 A No. 16 Q Did your mother speak any other 17 language other than Russian? 18 A Yes, Hebrew. 19 Q While your mother lived in Israel, 20 what language did she primarily converse in? 21 A Russian and Hebrew. 22 Q Was your mother fluent in Hebrew? 23 A Yes. 24 Q Did your mother ever receive any 25 medical training? 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 26 1 V. ITZHAKOV 2 A No. 3 Q Prior to your mother's admission to 4 Coney Island Hospital, was she ever involved in 5 an accident? 6 A No. 7 Q Did your mother have any professional 8 licenses? 9 A No. 10 Q Was your mother ever convicted of a 11 crime? 12 MR. HALPERN: Objection to the 13 extent -- . 14 A No. 15 MR. HALPERN: Objection to the 16 extent seeking any information outside of 17 a felony. 18 Q Miss Itzhakov, did your mother ever 19 declare bankruptcy? 20 A No. 21 Q As to clarify, that question would 22 include any similar such procedures in the 23 Ukraine and Israel, would that change your 24 answer? 25 A No. 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 27 1 V. ITZHAKOV 2 Q Miss Itzhakov, have you been 3 appointed as administrator of your mother's 4 estate? 5 A No. 6 MR. HALPERN: By counsel, yes. 7 A I honestly don't really understand 8 this question at all. 9 MR. HALPERN: By counsel, I'm 10 answering the question yes. 11 Q When were you appointed administrator 12 of your mother's estate? 13 A When she passed away. 14 Q Miss Itzhakov, in which judicial 15 county were you appointed administrator of your 16 mother's estate? 17 MR. HALPERN: Just hold on, just for 18 the record, I may have misspoke. I know 19 there was a petition filed. I'm not sure 20 of the status of that. That was filed in 21 Surrogates Court. 22 MR. FOX: Okay. What county was 23 that petition filed in? 24 MR. HALPERN: It was New York State, 25 I believe it was Kings County Surrogates 516-485-2222 BEE REPORTING AGENCY, INC. 212-327-3500 FILED: KINGS COUNTY CLERK 01/31/2024 11:53 AM INDEX NO. 507320/2021 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 01/31/2024 28 1 V. ITZHAKOV 2 Court. I don't have the status of that. 3 THE INTERPRETER: I reiterated the 4 subject to the witness. 5 MR. HALPERN: Thank you. 6 Q Miss Itzhakov, prior to your mother's 7 death, did she ever commence any litigation? 8 A No. 9 Q Did she -- just for clarity, did she 10 ever commence any litigation in the Ukraine or 11 Israel? 12 A No. 13 Q At the time of your mother's 14 admission to Coney Island Hospital in January 15 of 2020, did your mother have health insurance? 16 A She had Medicaid, yes. 17 Q Do you know the details of her plan? 18 A No. 19 Q Was your mother in receipt of 20 Medicare at that time? 21 A No. 22 Q At the time of your mother's 23 admission to Coney Island Hospital, did she 24 have a primary care physician?