Preview
FILED: KINGS COUNTY CLERK 02/22/2024 08:57 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 02/22/2024
EXHIBIT 17
FILED: KINGS COUNTY CLERK 02/22/2024 08:57 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 02/22/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
CAROLINE BORRINO, Index No.: 506296/2020
Plaintiff,
–against– Hon. Alexander M. Tisch
DIOCESE OF BROOKLYN, OUR LADY OF
GUADALUPE CHURCH AND SCHOOL, SISTERS OF SUBPOENA DUCES TECUM
ST. JOSEPH, and SISTERS OF ST. DOMINIC,
Defendants.
TO: Deacon Kevin McCormack, Superintendent
c/o Office of the Superintendent of Schools, Diocese of Brooklyn
310 Prospect Park West
Brooklyn, New York 11215
YOU ARE HEREBY COMMANDED that all business and excuses being laid aside, to deliver to
Anelga Doumanian, Pfau Cochran Vertetis Amala, 31 Hudson Yards, 11th Floor, New York, New
York 10001, CERTIFIED COPIES of the following information/documentation, within 20 days
of receipt of this subpoena:
1. All records reflecting the relationship between you and the Diocese of
Brooklyn from 1985 to present, including any legal, financial, or
operational relationship.
Plaintiff requests this information for many reasons, including the fact that
the Diocese of Brooklyn has represented that you are not a part of the
Diocese of Brooklyn, that the Diocese of Brooklyn has no legal right to the
records in your possession, and that the Diocese of Brooklyn has no
obligation to produce records that are in your possession.
2. All policies, procedures, manuals, and similar records that existed for a
school within the Diocese of Brooklyn at any time from 1985 to present,
including, but not limited to, all such records regarding:
a. The administration of a school.
b. The staffing of a school, including the hiring, supervision, and
termination of anyone who worked or served at a school.
c. The relationship between you, the Diocese of Brooklyn, a parish, a
school, and any religious who worked at a school, including priests
or religious order members.
d. The safety of children.
FILED: KINGS COUNTY CLERK 02/22/2024 08:57 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 02/22/2024
e. The danger of child abuse.
3. All records regarding Kenneth Pilpel, including, but not limited to:
a. Any contracts or agreements regarding his services.
b. Any records reflecting services he provided.
c. Any correspondence from, to, or regarding Kenneth Pilpel.
d. Any records reflecting complaints, alleges, or concerns regarding
Kenneth Pilpel.
e. Directories, yearbooks, and administration or faculty lists that
identify Kenneth Pilpel.
4. All records regarding Plaintiff Caroline Borrino, including, but not limited to:
a. Any education and school records, including transcripts and report
cards.
b. Any cumulative record card or form, or similar document.
c. Any yearbooks, class lists, or similar records that identify Plaintiff
Caroline Borrino.
5. The following records regarding Our Lady of Guadalupe Church and School (d/b/a
“Our Lady of Guadalupe School” or “Our Lady of Guadalupe Catholic Academy”),
located in Brooklyn, New York:
a. All contracts or agreements regarding the operation of Our Lady of
Guadalupe Church and School, regardless of time.
b. All contracts or agreements regarding the staffing of Our Lady of
Guadalupe Church and School, regardless of time.
c. All records that reflect the relationship between the Diocese of
Brooklyn and Our Lady of Guadalupe Church and School, including
any legal or financial relationship.
d. Any records regarding Kenneth Pilpel.
e. Any records regarding Plaintiff Caroline Borrino.
f. All policies and procedures, including any policies and procedures
regarding the safety of children.
g. All policies and procedures, manuals, guidelines, or similar
documents from the Diocese of Brooklyn.
h. For the time period 1988 to 1991, the following records:
i. All yearbooks.
ii. All parish and school bulletins.
iii. All employee lists, rosters, directories, or similar records,
including any annual “census” records, state certification
information, or similar records regarding administration or
faculty.
FILED: KINGS COUNTY CLERK 02/22/2024 08:57 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 02/22/2024
iv. All contracts or agreements for anyone who worked or served at
Our Lady of Guadalupe Church and School, including Kenneth
Pilpel.
6. The following records regarding St. Brigid-St. Frances Cabrini Catholic Academy
located in Brooklyn, New York, where Kenneth Pilpel taught prior to teaching at
Our Lady of Guadalupe Church and School:
a. Any records regarding Kenneth Pilpel, including, but not limited to,
any “Report of Termination of Employment” forms regarding
Kenneth Pilpel.
b. All policies and procedures, including any policies and procedures
regarding the safety of children.
c. All policies and procedures, manuals, guidelines, or similar
documents from the Diocese of Brooklyn.
d. For the time period 1986 to 1989, the following records:
i. All yearbooks.
ii. All parish and school bulletins.
iii. All employee lists, rosters, directories, or similar records,
including any annual “census” records, state certification
information, or similar records regarding administration or
faculty.
iv. All contracts or agreements for anyone who worked or served at
St. Brigid-St. Frances Cabrini Catholic Academy, including
Kenneth Pilpel.
7. For the time period 1985 to 1991, any and all “administrative manuals” and
“personnel manuals” provided by the Diocese of Brooklyn to Diocesan schools.
8. For each school year between 1988 and 1990, please produce the lists of individuals
who were qualified to serve within the Diocese of Brooklyn as a teacher or
administrator, as well as all policies, procedures, and manuals regarding the
creation and maintenance of all such lists. This documentation should include, but
is not limited to:
a. The Diocese of Brooklyn’s list of approved candidates, including the lists for
both teachers and principals;
b. Pastor’s Approval Forms;
c. Official Confirmation of Teacher Employment lists; and
d. Reports of Termination of Employment.
9. The “Parish Principal Personnel Handbook,” effective September 1, 2005, as well
as any previous editions of the “Parish Principal Personnel Handbook” or other
governing handbook(s), manual(s), or documentation regarding personnel that are
or have been in effect, regardless of time.
FILED: KINGS COUNTY CLERK 02/22/2024 08:57 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 02/22/2024
10. The Parish’s “Safe Environment Program” document, referenced in the 2005
version of Our Lady of Guadalupe’s Employment Agreements, as well as any
previous editions of the “Safe Environment Program” or similar handbooks,
manuals, or documentation that are or have been in effect, regardless of time.
11. For the time period 1985 to 1991, any and all documents, policies,
procedures, and manuals regarding the Interdiocesan Committee on
Religious Stipend and Retirement, the Religious in the Catholic Schools of
Brooklyn and Queens, and Religious within the Diocese of Brooklyn.
12. For the time period 1985 to 1991, any and all policies and procedures
distributed by the Office of the Superintendent of Schools, including
“Model Job Scopes,” and any and all policies and procedures from the
Office of the Superintendent of Schools regarding “Principal’s Performance
Appraisal.”
13. Plaintiff understands that you maintain a summary or list of the records in your
archives, which allows your archivist(s) and others to find and locate records within
the archives. Plaintiff is unsure what the summary or list is called. Some dioceses
refer to it as an “inventory,” “card catalogue,” “index,” “finding aid,” or “box list.”
The Diocese of Albany, for example, refers to it as their “shelf list.” In some
instances these documents identify individual records, and in other instances these
documents identify categories or “record groups,” like “Student Records,” “Faculty
Records,” or Religious Order Records,” followed-by sub-groups of records.
Please produce all such summaries, lists, or other documents that reflect the
documents and records that are stored in your archives, including any documents
that identify categories of records in your archives. If any of the responsive
documents exist in an electronic format, please produce such documents in their
electronic format. Note that the civil rules require you to make a good faith search
for documents that are responsive to this request, which in this instance requires
that you provide this request to your archivist(s) so they can assist you in producing
all responsive information.
14. The above materials are subject to any protective measures that this Court deems
necessary to protect any privacy interests.
FAILURE TO COMPLY WITH THIS SUBPOENA IS PUNISHABLE AS A CONTEMPT
OF COURT AND SHALL MAKE YOU LIABLE TO THE PERSON ON WHOSE BEHALF
THIS SUBPOENA WAS ISSUED FOR A PENALTY NOT TO EXCEED FIFTY
DOLLARS AND FOR ALL DAMAGES SUSTAINED BY REASON OF YOUR FAILURE
TO COMPLY.
Upon receipt of this subpoena, contact the undersigned. If you provide certified copies
of all the documents requested herein that you have in your possession it will be unnecessary
for you to attend a deposition at this time.
FILED: KINGS COUNTY CLERK 02/22/2024 08:57 PM INDEX NO. 506296/2020
NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 02/22/2024
This subpoena is issued pursuant to Section 2302(a) of the Civil Practice Law and Rules.
Dated: January 5, 2024
PFAU COCHRAN VERTETIS AMALA PLLC
By: ___________________________________
Anelga Doumanian
adoumanian@pcvalaw.com
31 Hudson Yards, 11th Floor
New York, NY 10001-2170
Phone: (212) 300-2444
Attorneys for Plaintiff
Preview
FILED: KINGS COUNTY CLERK 02/22/2024 08:57 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 02/22/2024 EXHIBIT 17 FILED: KINGS COUNTY CLERK 02/22/2024 08:57 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 02/22/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS CAROLINE BORRINO, Index No.: 506296/2020 Plaintiff, –against– Hon. Alexander M. Tisch DIOCESE OF BROOKLYN, OUR LADY OF GUADALUPE CHURCH AND SCHOOL, SISTERS OF SUBPOENA DUCES TECUM ST. JOSEPH, and SISTERS OF ST. DOMINIC, Defendants. TO: Deacon Kevin McCormack, Superintendent c/o Office of the Superintendent of Schools, Diocese of Brooklyn 310 Prospect Park West Brooklyn, New York 11215 YOU ARE HEREBY COMMANDED that all business and excuses being laid aside, to deliver to Anelga Doumanian, Pfau Cochran Vertetis Amala, 31 Hudson Yards, 11th Floor, New York, New York 10001, CERTIFIED COPIES of the following information/documentation, within 20 days of receipt of this subpoena: 1. All records reflecting the relationship between you and the Diocese of Brooklyn from 1985 to present, including any legal, financial, or operational relationship. Plaintiff requests this information for many reasons, including the fact that the Diocese of Brooklyn has represented that you are not a part of the Diocese of Brooklyn, that the Diocese of Brooklyn has no legal right to the records in your possession, and that the Diocese of Brooklyn has no obligation to produce records that are in your possession. 2. All policies, procedures, manuals, and similar records that existed for a school within the Diocese of Brooklyn at any time from 1985 to present, including, but not limited to, all such records regarding: a. The administration of a school. b. The staffing of a school, including the hiring, supervision, and termination of anyone who worked or served at a school. c. The relationship between you, the Diocese of Brooklyn, a parish, a school, and any religious who worked at a school, including priests or religious order members. d. The safety of children. FILED: KINGS COUNTY CLERK 02/22/2024 08:57 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 02/22/2024 e. The danger of child abuse. 3. All records regarding Kenneth Pilpel, including, but not limited to: a. Any contracts or agreements regarding his services. b. Any records reflecting services he provided. c. Any correspondence from, to, or regarding Kenneth Pilpel. d. Any records reflecting complaints, alleges, or concerns regarding Kenneth Pilpel. e. Directories, yearbooks, and administration or faculty lists that identify Kenneth Pilpel. 4. All records regarding Plaintiff Caroline Borrino, including, but not limited to: a. Any education and school records, including transcripts and report cards. b. Any cumulative record card or form, or similar document. c. Any yearbooks, class lists, or similar records that identify Plaintiff Caroline Borrino. 5. The following records regarding Our Lady of Guadalupe Church and School (d/b/a “Our Lady of Guadalupe School” or “Our Lady of Guadalupe Catholic Academy”), located in Brooklyn, New York: a. All contracts or agreements regarding the operation of Our Lady of Guadalupe Church and School, regardless of time. b. All contracts or agreements regarding the staffing of Our Lady of Guadalupe Church and School, regardless of time. c. All records that reflect the relationship between the Diocese of Brooklyn and Our Lady of Guadalupe Church and School, including any legal or financial relationship. d. Any records regarding Kenneth Pilpel. e. Any records regarding Plaintiff Caroline Borrino. f. All policies and procedures, including any policies and procedures regarding the safety of children. g. All policies and procedures, manuals, guidelines, or similar documents from the Diocese of Brooklyn. h. For the time period 1988 to 1991, the following records: i. All yearbooks. ii. All parish and school bulletins. iii. All employee lists, rosters, directories, or similar records, including any annual “census” records, state certification information, or similar records regarding administration or faculty. FILED: KINGS COUNTY CLERK 02/22/2024 08:57 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 02/22/2024 iv. All contracts or agreements for anyone who worked or served at Our Lady of Guadalupe Church and School, including Kenneth Pilpel. 6. The following records regarding St. Brigid-St. Frances Cabrini Catholic Academy located in Brooklyn, New York, where Kenneth Pilpel taught prior to teaching at Our Lady of Guadalupe Church and School: a. Any records regarding Kenneth Pilpel, including, but not limited to, any “Report of Termination of Employment” forms regarding Kenneth Pilpel. b. All policies and procedures, including any policies and procedures regarding the safety of children. c. All policies and procedures, manuals, guidelines, or similar documents from the Diocese of Brooklyn. d. For the time period 1986 to 1989, the following records: i. All yearbooks. ii. All parish and school bulletins. iii. All employee lists, rosters, directories, or similar records, including any annual “census” records, state certification information, or similar records regarding administration or faculty. iv. All contracts or agreements for anyone who worked or served at St. Brigid-St. Frances Cabrini Catholic Academy, including Kenneth Pilpel. 7. For the time period 1985 to 1991, any and all “administrative manuals” and “personnel manuals” provided by the Diocese of Brooklyn to Diocesan schools. 8. For each school year between 1988 and 1990, please produce the lists of individuals who were qualified to serve within the Diocese of Brooklyn as a teacher or administrator, as well as all policies, procedures, and manuals regarding the creation and maintenance of all such lists. This documentation should include, but is not limited to: a. The Diocese of Brooklyn’s list of approved candidates, including the lists for both teachers and principals; b. Pastor’s Approval Forms; c. Official Confirmation of Teacher Employment lists; and d. Reports of Termination of Employment. 9. The “Parish Principal Personnel Handbook,” effective September 1, 2005, as well as any previous editions of the “Parish Principal Personnel Handbook” or other governing handbook(s), manual(s), or documentation regarding personnel that are or have been in effect, regardless of time. FILED: KINGS COUNTY CLERK 02/22/2024 08:57 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 02/22/2024 10. The Parish’s “Safe Environment Program” document, referenced in the 2005 version of Our Lady of Guadalupe’s Employment Agreements, as well as any previous editions of the “Safe Environment Program” or similar handbooks, manuals, or documentation that are or have been in effect, regardless of time. 11. For the time period 1985 to 1991, any and all documents, policies, procedures, and manuals regarding the Interdiocesan Committee on Religious Stipend and Retirement, the Religious in the Catholic Schools of Brooklyn and Queens, and Religious within the Diocese of Brooklyn. 12. For the time period 1985 to 1991, any and all policies and procedures distributed by the Office of the Superintendent of Schools, including “Model Job Scopes,” and any and all policies and procedures from the Office of the Superintendent of Schools regarding “Principal’s Performance Appraisal.” 13. Plaintiff understands that you maintain a summary or list of the records in your archives, which allows your archivist(s) and others to find and locate records within the archives. Plaintiff is unsure what the summary or list is called. Some dioceses refer to it as an “inventory,” “card catalogue,” “index,” “finding aid,” or “box list.” The Diocese of Albany, for example, refers to it as their “shelf list.” In some instances these documents identify individual records, and in other instances these documents identify categories or “record groups,” like “Student Records,” “Faculty Records,” or Religious Order Records,” followed-by sub-groups of records. Please produce all such summaries, lists, or other documents that reflect the documents and records that are stored in your archives, including any documents that identify categories of records in your archives. If any of the responsive documents exist in an electronic format, please produce such documents in their electronic format. Note that the civil rules require you to make a good faith search for documents that are responsive to this request, which in this instance requires that you provide this request to your archivist(s) so they can assist you in producing all responsive information. 14. The above materials are subject to any protective measures that this Court deems necessary to protect any privacy interests. FAILURE TO COMPLY WITH THIS SUBPOENA IS PUNISHABLE AS A CONTEMPT OF COURT AND SHALL MAKE YOU LIABLE TO THE PERSON ON WHOSE BEHALF THIS SUBPOENA WAS ISSUED FOR A PENALTY NOT TO EXCEED FIFTY DOLLARS AND FOR ALL DAMAGES SUSTAINED BY REASON OF YOUR FAILURE TO COMPLY. Upon receipt of this subpoena, contact the undersigned. If you provide certified copies of all the documents requested herein that you have in your possession it will be unnecessary for you to attend a deposition at this time. FILED: KINGS COUNTY CLERK 02/22/2024 08:57 PM INDEX NO. 506296/2020 NYSCEF DOC. NO. 205 RECEIVED NYSCEF: 02/22/2024 This subpoena is issued pursuant to Section 2302(a) of the Civil Practice Law and Rules. Dated: January 5, 2024 PFAU COCHRAN VERTETIS AMALA PLLC By: ___________________________________ Anelga Doumanian adoumanian@pcvalaw.com 31 Hudson Yards, 11th Floor New York, NY 10001-2170 Phone: (212) 300-2444 Attorneys for Plaintiff