Preview
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
EXHIBIT H
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X
ANDREW OPPENHEIMER, Action #1
Plaintiff, Index No.: 607514/2022
-against- NOTICE TO EXECUTE
TRANSCRIPT
NORTH MERRICK FIRE DEPARTMENT, NORTH
MERRICK FIRE DISTRICT, MERRICK FIRE
DEPARTMENT, BELLMORE FIRE DEPARTMENT,
BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD,
THE NEW YORK STATE VOLUNTEER FIREMEN’S
PARADE AND DRILL TEAM CAPTAINS ASSOCIATION,
INC., NASSAU COUNTY VOLUNTEER FIREMEN’S
PARADE AND DRILL TEAM CAPTAINS ASSOCIATION,
INC., and PAUL WILDERS,
Defendants.
----------------------------------------------------------------------X
VINU JACOB, Action #2
Plaintiff, Index No.: 607516/2022
-against-
NORTH MERRICK FIRE DEPARTMENT, NORTH
MERRICK FIRE DISTRICT, MERRICK FIRE
DEPARTMENT, BELLMORE FIRE DEPARTMENT,
BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD,
THE NEW YORK STATE VOLUNTEER FIREMEN’S
PARADE AND DRILL TEAM CAPTAINS ASSOCIATION,
INC., NASSAU COUNTY VOLUNTEER FIREMEN’S
PARADE AND DRILL TEAM CAPTAINS ASSOCIATION,
INC., and PAUL WILDERS,
Defendants.
----------------------------------------------------------------------X
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
PLEASE TAKE NOTICE that it is hereby demanded that upon execution of the
transcript of the Examination Before Trial of the plaintiff, ANTHONY OPPENHEIMER,
conducted on January 8, 2024, that you serve upon the undersigned an executed, notarized copy
of said Execution Page with any and all noted corrections filled in on a separate, executed and
notarized Errata Sheet.
PLEASE TAKE FURTHER NOTICE that failure to sign and return the executed,
notarized copy of said Execution Page and Errata Sheet, within sixty (60) days will permit the
undersigned to fully use the transcript up to and including the time of trial as though signed.
Dated: New York, New York
January 23, 2024
Yours etc.,
GALLO VITUCCI KLAR LLP
ha
_____________________________
By: Andrew M. Lauri, Esq.
Defendants, Merrick Fire Protection District s/h/a
Merrick fire Department, Bellmore Fire
Department and Bellmore Fire District
90 Broad Street, Suite 1202
New York, New York
(212) 683-7100
File No.: GB.2022005
Email: alauri@gvlaw.com
TO:
Maribel Gomez, Esq.
GREY & GREY, LLP
Attorneys for Plaintiff
Andrew Oppenheimer
360 Main Street
Farmingdale, New York 11735
(516) 249-1342
File #: 21-0039
Email: mgomez@greyandgrey.com
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
Theodore Goralski, Esq.
BEE READY FISHBEIN HATTER & DONOVAN, LLP
Attorneys for Defendant
Town of Hempstead
170 Old Country Road, Suite 200
Mineola, New York 11501
(516) 746-5599
File No.: 1873-2213
Email: tgoralski@beereadylaw.com
Richard J. Valent, Esq.
McGAW & ALVENTOSA
Attorneys for Defendants
North Merrick Fire Department
North Merrick Fire District and Paul Wilders
One Jericho Plaza, 2nd Floor, Wing A
Jericho, New York 11753
(516) 822-8900
Our File No.: NYJE 18529
Email: Richard.valent@aig.com
Adam Oustatcher, Esq.
of Counsel
Hanum Feretic Prendergast & Merlino, LLC
One Exchange Plaza, 55 Broadway, Suite 202
New York, New York 10006
File No.: 1873-2217
Email: aoustatcher@hfpmlaw.com
No Appearance
- The New York State Volunteer Fireman’s Parade and Drill Team
Captain’s Association
- Nassau County Volunteer Fireman’s Parade and Drill Team Captain’s
Association, Inc.
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF NEW YORK )
The undersigned, being duly sworn, deposes and says; that deponent is not a party to this action,
that she is of 18 years and upwards; and that she is employed by GALLO VITUCCI KLAR LLP,
attorneys for Defendants, Merrick Fire Protection District s/h/a Merrick Fire Department,
Bellmore Fire Department and Bellmore Fire District, in the entitled action; that the office
address of said attorneys is 90 Broad Street, Suite 1202, New York, New York 10004; that on the
23rd day of January 2024, a true copy of the annexed NOTICE TO EXECUTE TRANSCRIPT
was served via email at the last known email addresses designated by the parties.
Maribel Gomez, Esq. Richard J. Valent, Esq.
GREY & GREY, LLP McGAW & ALVENTOSA
Attorneys for Plaintiff Attorneys for Defendants
Andrew Oppenheimer North Merrick Fire Department
360 Main Street North Merrick Fire District and Paul Wilders
Farmingdale, New York 11735 One Jericho Plaza, 2nd Floor, Wing A
(516) 249-1342 Jericho, New York 11753
File #: 21-0039 (516) 822-8900
Email: mgomez@greyandgrey.com Our File No.: NYJE 18529
Email: Richard.valent@aig.com
Theodore Goralski, Esq.
BEE READY FISHBEIN HATTER & Adam Oustatcher, Esq.
DONOVAN, LLP of Counsel
Attorneys for Defendant Hanum Feretic Prendergast & Merlino, LLC
Town of Hempstead One Exchange Plaza, 55 Broadway, Suite 202
170 Old Country Road, Suite 200 New York, New York 10006
Mineola, New York 11501 File No.: 1873-2217
(516) 746-5599 Email: aoustatcher@hfpmlaw.com
File No.: 1873-2213
Email: tgoralski@beereadylaw.com
_______________________
Cathleen Pergolizzi
Sworn to before me this
23rd day of January 2024
__________________________
Notary Public
JENNAFER ORTMULLER
NOTARY PUBLIC, State of New York
No. 010R4973242
Qualified in Nassau County
Commission Expires Oct. 15, 2026
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
[Page 1]
January 8, 2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
ANDREW OPPENHEIMER,
Plaintiff(s),
Action #1
Index No. 607514/2022
-against-—
NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE
DISTRICT, MERRICK FIRE DEPARTMENT, BELLMORE FIRE
DEPARTMENT, BELLMORE FIRE DISTRICT, TOWN OF
HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN'S
PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC.,
NASSAU COUNTY VOLUNTEER FIREMENS PARADE AND DRILL
TEAM CAPTAINS ASSOCIATION, INC., and PAUL
WILDERS,
Defendant(s).
VINU JACOB,
Plaintiff(s),
Action #2
Index No. 607516/2022
-against-
NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE
DISTRICT, MERRICK FIRE DEPARTMENT, BELLMORE FIRE
DEPARTMENT, BELLMORE FIRE DISTRICT, TOWN OF
HEMPSTEAD, THE YORK STATE VOLUNTEER FIREMEN'S
NEW
PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC.,
NASSAU COUNTY VOLUNTEER FIREMENS PARADE AND DRILL
TEAM CAPTAINS ASSOCIATION, INC., and PAUL
WILDERS,
Defendant(s).
January 8, 2024
10:14 a.m.
VIDEO CONFERENCED EXAMINATION BEFORE
TRIAL\ of Plaintiff
“ntiff ANDREW] OPPENHEIMER, pursuant
to Order, before Laura B. Lowenthal, a Notary
Public within hin and for the State of New York.
Lexitas Court Reporting
800-678-0166
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
[Page 2]
January 8, 2024
AP PEARANCE RAN C 8S:
GREY & GREY, LLP
Attorneys for
or Plaintiff(s)tiff(s)
360 Main Street
Farmingdale, New York 11735
BY: MARIBEL GOMEZ, ESQ.
E-mail: mgomez@greyandgrey.com
McGAW & ALVENTOSA
Attorneys for Defendant(s) North Merrick Fire
Department, North Merrick Fire Districttrict and
Paul Wilders
One Jericho Plaza, 2nd Floor, Wing A
Jericho, New York 11753
BY: RICHARD VALENT, ESQ.
File No. NYJE 18529
E-mail: richard.valent@aig.com
BY: FERETIC PRENDERGAST & MERLINO, LLC
HANNUM
One Exchange Plaza, 55 Broadway, Suite 202
New York, New York 10006
BY: ADAM OUSTATCHER, ESQ., of Counsel
File No. 1873-2217
E-mail: aoustatcher@hfpmlaw.com
GALLO, VITUCCI, KLAR, LLP
Attorneys for Defendant(s) Merrick Fire
Protection District s/h/a Merrick Fire
Department, Bellmore Fire Department and
Bellmore Fire Districtrrict
100 Crossways Park West, Suite 305
Woodbury, New York 11797
BY: ANDREW M. LAURI, ESQ.
File
‘le No. GB.2022005
E-mail: alauri@gvlaw.com
CONTINUED...
Lexitas Court Reporting
800-678-0166
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
[Page 3]
January 8, 2024
BEE, FISHBEIN, HATTER & DONOVAN, LLP
READY,
Attorneys for Defendant(s) Town of Hempstead
170 Old Country Road, Suite 200
Mineola, New York 11501
BY: THEODORE GORALSKI, ESQ.
File No. 1873-2217
E-mail: tgoralski@beereadylaw.com
Lexitas Court Reporting
800-678-0166
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
[Page 4]
January 8, 2024
Ss TI I PULATION 8S:
IT' IS; STIPULATED AND AGREED by and
between the attorneys
L for the respective partiesties
herein, and in compliance with Rule 221 of the
Uniform1 Rules for
or the Trial Courts:
THAT; the -Eies
_parties recognize the provision of Rule
3115) subdivisions
“ “" risions (b),
“) ’ (c) and/or (d). All
“lil
objections made at a deposition shall
“all be noted by
the ~"“iecer
officer before whom the deposition is taken,
and the answer shall be given and the deposition
shallall proceedl subject to the objections and to
the “ght
right of a person to apply foror appropriate
relief ief pursuant to Article 31 of the C.P.L.R.;
THAT every objection raised during a
deposition shall
~ all be stated succinctly
“netly and framed
so as not to suggest an answer to the deponent
and, at the request of the questioning attorney,
shallall include a clear statement as to any defect
in form or other basis of
l errorror or _tilarity.
irregularity.
Except to the extent permitted by CPLR Rule 3115
or by this
“is rule,le, during the court of the
examination persons in attendance shall
“all not make
statements or comments that
“at interfererfere with the
questioning.
Lexitas Court Reporting
800-678-0166
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NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
[Page 5]
January 8, 2024
THAT a deponent shall answer all11
questions at a deposition, except (i) to preserve
a privilege or right of confidentiality, (ii)a) to
enforce a limitation“sation set forthcth in an order of a
court, or (iii)“ii) whenl the question is plainly inly
improper and would, if
if answered, cause
significant prejudice to any person. An attorney
shall not “cect
direct a deponent not to answer except
as provided in CPLR Rule 3115 or “is
this
subdivision. Any refusal to answer or direction ction
not to answer shall be accompanied by a succinct
and clear statement on the basis3 therefore. ~£
If
the deponent does not answer a question, the
examining party shall
“all have the “yht to complete
right
the remainder of the deposition.
THAT an attorney shall not interrupt rrupt
the deposition for the purpose of communicatingI
with the deponent unless alllil parties} consent or
the determining whether the question should not L
be answered on the grounds set forth
~ cth in Section
221.2 of these rules, and, in such event, the
reason for the communication shall be stated for
the record succinctly and clearly.
Lexitas Court Reporting
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NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
[Page 6]
January 8, 2024
THAT the failure to object to any
question or to move to strike any testimony at
this examination shall not be a bar or waiver to
make such objection or motion at the time of the
trial ial of “1s action, and
this is hereby reserved; and
THAT this examination may be signed and sworn to
by the witness examined herein, before any Notary
Public, but the “lure to
failure do so or to return the
original of the examination to the attorney on
whose behalf the examination is taken, shall not
be deemed a waiver of the rights provided by Rule
3116 and 3117 of the C.P.L.R., and shall be
controlled thereby; and
THAT the certificationication and filing
“ing of
the original of this examination are hereby
waived; and THAT the questioning attorney shall
provide counsel for the witness examined herein
with a copy of this examination at no charge.
* * x
Lexitas Court Reporting
800-678-0166
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
[Page 7]
January 8, 2024
VIDEOCONFERENCE STIPULATION
IT IS HEREBY STIPULATED AND AGREED by
and between counsel for all parties present that
pursuant to the CPLR section 3113(d)) ‘*
this 1s
deposition is to be conducted by video )
conference, that the court reporter, all Ll counsel,
and the witness are allll in separate remote
locations and participating ipating via videoconference
(LegalView/Zoom) meeting under the control of
Lexitas Court Reporting Service, that the officer
“"icer
administering the oath to the witness need not be
in the place of the deposition and the witness
shall be sworn in remotely by the court reporter
after cer confirming the witnesses identity, tity, that
this videoconference will“11 not be recorded| in any
Manner and that any recording without the express
written consent of parties shall be
allLl
considered unauthorized, in violation“ation of law, and
shall not be used for any purpose in “is
this
“cation or otherwise.
litigation
IT IS FURTHER STIPULATED that
“at exhibits
“ibits
may be marked by the attorney presenting the
exhibit to the witness, and that a copy of any
Lexitas Court Reporting
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NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
[Page 8]
January 8, 2024
exhibit presented to a witness shall be e-mailed
to or otherwise in possession of allll counsel
prior to any questioning of a witness regarding
the exhibit in question. All parties shall bear
their own costs in the conduct of "is
this deposition
by videoconference, notwithstanding the
obligation
“ation by CPLR to supply a copy of the
transcript cript to the deposed party by the taking
party in civil
“vil litigation
“ration matters.
Lexitas Court Reporting
800-678-0166
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022
NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
[Page 9]
January 8, 2024
AN DREW O P P EN HEIMER, MER,
called as a witness, having[ been first
“"rst duly
sworn by a Notary Public, was examined| and
testifiedified as follows:
EXAMINATION BY
MR. OUSTATCHER:
you please state your
ww
Q Can “i111
full name
for the record?
A Andrew Oppenheimer.
Q Can you please state your current home
address for the record?
A I live“ve at 2424k Joel Drive, North\
Bellmore, New York 11710.
Q Good morning, Mr. Oppenheimer. My name
hw
is Adam Oustatcher. I am a lawyer. For purposes
of today's deposition I am associated| with the
law firm of McGaw & Alventosa.
I know you have been throughL the 50H
hearings before so you're familiar with how these
proceedings work but before I ask you any
questions I wll want to give you
will —
just st the basic
ground rules for today's deposition.
I know I - be
may a ""'ttle
little it
bit of a
distance from you where: you are sitting
“ting from the
Lexitas Court Reporting
800-678-0166
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NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
[Page 10]
January 8, 2024
A. Oppenheimer
screen. If‘£ at any point inn time: you can'ta't hear
me for any reason just tell:11 me and I will 11 repeat
my question so L that
“at you can hear me before you
answer the question; sound good?,
Ab Yes.
9
Q Great.
If £ at any point in time you don't
understandL a4 question that
“at I! have2 asked1 because
the question1 is confusing, because I use a word
you don't understand or for
“or any reason please
tell211 me because I want to make sure that
“at you
understand| every question put to you before you
answer; sound good?
A Yes.
4
Q Great.
All11 of your answers must be verbal.
They must be said out loud. The reporter has
difficultyLculty taking down shakes of the head, nods
of the head, pointing to different body parts.
Everyone forgets this rule and it's 's fine if£ you
do but as best you can please make sure all Ll of
your answers are said out loud; sound good?
A Yes.
)Q Great.
~ at
Lexitas Court Reporting
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NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024
[Page 11]
January 8, 2024
A. Oppenheimer
At various points during your
deposition today there is a good chance that you
are going to know the answer to my question
before I finish
~" ,ish askingr my question. I ask you to
be patient,
.ent, take» ao4beat
~" i,ish and let me finish
speaking before you answer and I willtll “sy to do
try
the same» 34 you,
for let
“at you finish answering before
I in with my next question because the
jump L
reporter has difficulty
“" ““zeulty taking down when two
people are talkingking at the same time; sound good?
A Yes.
Q Great.
If £ at any point in time you need a
break for any reason you can take a break for as
long as you need. What I ask of you is that you
answer any question put to you fullylly before you
ask for a break; sound| good?
A Yes.
Q Great.
And lastly, in answering a question if
you have a memory, an independent recollection
“ection
that allows you to give an answer please do so.
If you can give a fair
“i ir estimate as to time, as to
distance “or
for example please do so. But don't
Lexitas Court Reporting
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[Page 12]
January 8, 2024
A. Oppenheimer
guess, don't speculate and it is Ss _perfectly
“ectly fine ne
just st to say I don't know or I don't recall;all; sound
good?
Yes.
Great.
10
What is your full
“ill name, sir?
Andrew Oppenheimer.
OO FP
No middle name?
Robert.
FP
OO
Have you ever gone by any other names?
No.
F
is your date of
oo
What birth?
"th?
MR. OUSTATCHER: And on the record
just st allll dashes or all11 dots nothing
should appear.
XX-XX-XX.
What is your social security number?
MR. OUSTATCHER: And again, please
nothing on the record.
A XXX-XX-XXXX.
Q What is your highest level of
education?
A Associates. iates.
Q From what school?
Lexitas Court Reporting
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[Page 13]
January 8, 2024
A. Oppenheimer
PP
Culinary of America.
P
Institute
itute
ODO
was your area of study?
CO
What
Culinary
FP
FF
arts.
CO
OD Are you single or married?
FPF
Married.
FF
For how long have you been married?
OO
CO
FPF
ODO FPF
Sixteen years.
CO
Do you have any children?
Yes.
P FP
CO
children do you have?
O
How many
FPF
One.
F
oO
old is that child?
OO
How
21.
© 2F
What is the name of your wife?
Keri Oppenheimer.
F>
Q For how long have you lived at your
current address?
A Nineteen years.
Q Who lives at your current address?
A My wife and my daughter.
Q What kind of residence is this; is it
a single family home, apartment building,
something else?
A Single family home.
Lexitas Court Reporting
Preview
FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 EXHIBIT H FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------X ANDREW OPPENHEIMER, Action #1 Plaintiff, Index No.: 607514/2022 -against- NOTICE TO EXECUTE TRANSCRIPT NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS, Defendants. ----------------------------------------------------------------------X VINU JACOB, Action #2 Plaintiff, Index No.: 607516/2022 -against- NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMEN’S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS, Defendants. ----------------------------------------------------------------------X FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 PLEASE TAKE NOTICE that it is hereby demanded that upon execution of the transcript of the Examination Before Trial of the plaintiff, ANTHONY OPPENHEIMER, conducted on January 8, 2024, that you serve upon the undersigned an executed, notarized copy of said Execution Page with any and all noted corrections filled in on a separate, executed and notarized Errata Sheet. PLEASE TAKE FURTHER NOTICE that failure to sign and return the executed, notarized copy of said Execution Page and Errata Sheet, within sixty (60) days will permit the undersigned to fully use the transcript up to and including the time of trial as though signed. Dated: New York, New York January 23, 2024 Yours etc., GALLO VITUCCI KLAR LLP ha _____________________________ By: Andrew M. Lauri, Esq. Defendants, Merrick Fire Protection District s/h/a Merrick fire Department, Bellmore Fire Department and Bellmore Fire District 90 Broad Street, Suite 1202 New York, New York (212) 683-7100 File No.: GB.2022005 Email: alauri@gvlaw.com TO: Maribel Gomez, Esq. GREY & GREY, LLP Attorneys for Plaintiff Andrew Oppenheimer 360 Main Street Farmingdale, New York 11735 (516) 249-1342 File #: 21-0039 Email: mgomez@greyandgrey.com FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 Theodore Goralski, Esq. BEE READY FISHBEIN HATTER & DONOVAN, LLP Attorneys for Defendant Town of Hempstead 170 Old Country Road, Suite 200 Mineola, New York 11501 (516) 746-5599 File No.: 1873-2213 Email: tgoralski@beereadylaw.com Richard J. Valent, Esq. McGAW & ALVENTOSA Attorneys for Defendants North Merrick Fire Department North Merrick Fire District and Paul Wilders One Jericho Plaza, 2nd Floor, Wing A Jericho, New York 11753 (516) 822-8900 Our File No.: NYJE 18529 Email: Richard.valent@aig.com Adam Oustatcher, Esq. of Counsel Hanum Feretic Prendergast & Merlino, LLC One Exchange Plaza, 55 Broadway, Suite 202 New York, New York 10006 File No.: 1873-2217 Email: aoustatcher@hfpmlaw.com No Appearance - The New York State Volunteer Fireman’s Parade and Drill Team Captain’s Association - Nassau County Volunteer Fireman’s Parade and Drill Team Captain’s Association, Inc. FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) The undersigned, being duly sworn, deposes and says; that deponent is not a party to this action, that she is of 18 years and upwards; and that she is employed by GALLO VITUCCI KLAR LLP, attorneys for Defendants, Merrick Fire Protection District s/h/a Merrick Fire Department, Bellmore Fire Department and Bellmore Fire District, in the entitled action; that the office address of said attorneys is 90 Broad Street, Suite 1202, New York, New York 10004; that on the 23rd day of January 2024, a true copy of the annexed NOTICE TO EXECUTE TRANSCRIPT was served via email at the last known email addresses designated by the parties. Maribel Gomez, Esq. Richard J. Valent, Esq. GREY & GREY, LLP McGAW & ALVENTOSA Attorneys for Plaintiff Attorneys for Defendants Andrew Oppenheimer North Merrick Fire Department 360 Main Street North Merrick Fire District and Paul Wilders Farmingdale, New York 11735 One Jericho Plaza, 2nd Floor, Wing A (516) 249-1342 Jericho, New York 11753 File #: 21-0039 (516) 822-8900 Email: mgomez@greyandgrey.com Our File No.: NYJE 18529 Email: Richard.valent@aig.com Theodore Goralski, Esq. BEE READY FISHBEIN HATTER & Adam Oustatcher, Esq. DONOVAN, LLP of Counsel Attorneys for Defendant Hanum Feretic Prendergast & Merlino, LLC Town of Hempstead One Exchange Plaza, 55 Broadway, Suite 202 170 Old Country Road, Suite 200 New York, New York 10006 Mineola, New York 11501 File No.: 1873-2217 (516) 746-5599 Email: aoustatcher@hfpmlaw.com File No.: 1873-2213 Email: tgoralski@beereadylaw.com _______________________ Cathleen Pergolizzi Sworn to before me this 23rd day of January 2024 __________________________ Notary Public JENNAFER ORTMULLER NOTARY PUBLIC, State of New York No. 010R4973242 Qualified in Nassau County Commission Expires Oct. 15, 2026 FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 [Page 1] January 8, 2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ANDREW OPPENHEIMER, Plaintiff(s), Action #1 Index No. 607514/2022 -against-— NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, THE NEW YORK STATE VOLUNTEER FIREMEN'S PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMENS PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS, Defendant(s). VINU JACOB, Plaintiff(s), Action #2 Index No. 607516/2022 -against- NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT, BELLMORE FIRE DISTRICT, TOWN OF HEMPSTEAD, THE YORK STATE VOLUNTEER FIREMEN'S NEW PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., NASSAU COUNTY VOLUNTEER FIREMENS PARADE AND DRILL TEAM CAPTAINS ASSOCIATION, INC., and PAUL WILDERS, Defendant(s). January 8, 2024 10:14 a.m. VIDEO CONFERENCED EXAMINATION BEFORE TRIAL\ of Plaintiff “ntiff ANDREW] OPPENHEIMER, pursuant to Order, before Laura B. Lowenthal, a Notary Public within hin and for the State of New York. Lexitas Court Reporting 800-678-0166 FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 [Page 2] January 8, 2024 AP PEARANCE RAN C 8S: GREY & GREY, LLP Attorneys for or Plaintiff(s)tiff(s) 360 Main Street Farmingdale, New York 11735 BY: MARIBEL GOMEZ, ESQ. E-mail: mgomez@greyandgrey.com McGAW & ALVENTOSA Attorneys for Defendant(s) North Merrick Fire Department, North Merrick Fire Districttrict and Paul Wilders One Jericho Plaza, 2nd Floor, Wing A Jericho, New York 11753 BY: RICHARD VALENT, ESQ. File No. NYJE 18529 E-mail: richard.valent@aig.com BY: FERETIC PRENDERGAST & MERLINO, LLC HANNUM One Exchange Plaza, 55 Broadway, Suite 202 New York, New York 10006 BY: ADAM OUSTATCHER, ESQ., of Counsel File No. 1873-2217 E-mail: aoustatcher@hfpmlaw.com GALLO, VITUCCI, KLAR, LLP Attorneys for Defendant(s) Merrick Fire Protection District s/h/a Merrick Fire Department, Bellmore Fire Department and Bellmore Fire Districtrrict 100 Crossways Park West, Suite 305 Woodbury, New York 11797 BY: ANDREW M. LAURI, ESQ. File ‘le No. GB.2022005 E-mail: alauri@gvlaw.com CONTINUED... Lexitas Court Reporting 800-678-0166 FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 [Page 3] January 8, 2024 BEE, FISHBEIN, HATTER & DONOVAN, LLP READY, Attorneys for Defendant(s) Town of Hempstead 170 Old Country Road, Suite 200 Mineola, New York 11501 BY: THEODORE GORALSKI, ESQ. File No. 1873-2217 E-mail: tgoralski@beereadylaw.com Lexitas Court Reporting 800-678-0166 FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 [Page 4] January 8, 2024 Ss TI I PULATION 8S: IT' IS; STIPULATED AND AGREED by and between the attorneys L for the respective partiesties herein, and in compliance with Rule 221 of the Uniform1 Rules for or the Trial Courts: THAT; the -Eies _parties recognize the provision of Rule 3115) subdivisions “ “" risions (b), “) ’ (c) and/or (d). All “lil objections made at a deposition shall “all be noted by the ~"“iecer officer before whom the deposition is taken, and the answer shall be given and the deposition shallall proceedl subject to the objections and to the “ght right of a person to apply foror appropriate relief ief pursuant to Article 31 of the C.P.L.R.; THAT every objection raised during a deposition shall ~ all be stated succinctly “netly and framed so as not to suggest an answer to the deponent and, at the request of the questioning attorney, shallall include a clear statement as to any defect in form or other basis of l errorror or _tilarity. irregularity. Except to the extent permitted by CPLR Rule 3115 or by this “is rule,le, during the court of the examination persons in attendance shall “all not make statements or comments that “at interfererfere with the questioning. Lexitas Court Reporting 800-678-0166 FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 [Page 5] January 8, 2024 THAT a deponent shall answer all11 questions at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii)a) to enforce a limitation“sation set forthcth in an order of a court, or (iii)“ii) whenl the question is plainly inly improper and would, if if answered, cause significant prejudice to any person. An attorney shall not “cect direct a deponent not to answer except as provided in CPLR Rule 3115 or “is this subdivision. Any refusal to answer or direction ction not to answer shall be accompanied by a succinct and clear statement on the basis3 therefore. ~£ If the deponent does not answer a question, the examining party shall “all have the “yht to complete right the remainder of the deposition. THAT an attorney shall not interrupt rrupt the deposition for the purpose of communicatingI with the deponent unless alllil parties} consent or the determining whether the question should not L be answered on the grounds set forth ~ cth in Section 221.2 of these rules, and, in such event, the reason for the communication shall be stated for the record succinctly and clearly. Lexitas Court Reporting 800-678-0166 FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 [Page 6] January 8, 2024 THAT the failure to object to any question or to move to strike any testimony at this examination shall not be a bar or waiver to make such objection or motion at the time of the trial ial of “1s action, and this is hereby reserved; and THAT this examination may be signed and sworn to by the witness examined herein, before any Notary Public, but the “lure to failure do so or to return the original of the examination to the attorney on whose behalf the examination is taken, shall not be deemed a waiver of the rights provided by Rule 3116 and 3117 of the C.P.L.R., and shall be controlled thereby; and THAT the certificationication and filing “ing of the original of this examination are hereby waived; and THAT the questioning attorney shall provide counsel for the witness examined herein with a copy of this examination at no charge. * * x Lexitas Court Reporting 800-678-0166 FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 [Page 7] January 8, 2024 VIDEOCONFERENCE STIPULATION IT IS HEREBY STIPULATED AND AGREED by and between counsel for all parties present that pursuant to the CPLR section 3113(d)) ‘* this 1s deposition is to be conducted by video ) conference, that the court reporter, all Ll counsel, and the witness are allll in separate remote locations and participating ipating via videoconference (LegalView/Zoom) meeting under the control of Lexitas Court Reporting Service, that the officer “"icer administering the oath to the witness need not be in the place of the deposition and the witness shall be sworn in remotely by the court reporter after cer confirming the witnesses identity, tity, that this videoconference will“11 not be recorded| in any Manner and that any recording without the express written consent of parties shall be allLl considered unauthorized, in violation“ation of law, and shall not be used for any purpose in “is this “cation or otherwise. litigation IT IS FURTHER STIPULATED that “at exhibits “ibits may be marked by the attorney presenting the exhibit to the witness, and that a copy of any Lexitas Court Reporting 800-678-0166 FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 [Page 8] January 8, 2024 exhibit presented to a witness shall be e-mailed to or otherwise in possession of allll counsel prior to any questioning of a witness regarding the exhibit in question. All parties shall bear their own costs in the conduct of "is this deposition by videoconference, notwithstanding the obligation “ation by CPLR to supply a copy of the transcript cript to the deposed party by the taking party in civil “vil litigation “ration matters. Lexitas Court Reporting 800-678-0166 FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 [Page 9] January 8, 2024 AN DREW O P P EN HEIMER, MER, called as a witness, having[ been first “"rst duly sworn by a Notary Public, was examined| and testifiedified as follows: EXAMINATION BY MR. OUSTATCHER: you please state your ww Q Can “i111 full name for the record? A Andrew Oppenheimer. Q Can you please state your current home address for the record? A I live“ve at 2424k Joel Drive, North\ Bellmore, New York 11710. Q Good morning, Mr. Oppenheimer. My name hw is Adam Oustatcher. I am a lawyer. For purposes of today's deposition I am associated| with the law firm of McGaw & Alventosa. I know you have been throughL the 50H hearings before so you're familiar with how these proceedings work but before I ask you any questions I wll want to give you will — just st the basic ground rules for today's deposition. I know I - be may a ""'ttle little it bit of a distance from you where: you are sitting “ting from the Lexitas Court Reporting 800-678-0166 FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 [Page 10] January 8, 2024 A. Oppenheimer screen. If‘£ at any point inn time: you can'ta't hear me for any reason just tell:11 me and I will 11 repeat my question so L that “at you can hear me before you answer the question; sound good?, Ab Yes. 9 Q Great. If £ at any point in time you don't understandL a4 question that “at I! have2 asked1 because the question1 is confusing, because I use a word you don't understand or for “or any reason please tell211 me because I want to make sure that “at you understand| every question put to you before you answer; sound good? A Yes. 4 Q Great. All11 of your answers must be verbal. They must be said out loud. The reporter has difficultyLculty taking down shakes of the head, nods of the head, pointing to different body parts. Everyone forgets this rule and it's 's fine if£ you do but as best you can please make sure all Ll of your answers are said out loud; sound good? A Yes. )Q Great. ~ at Lexitas Court Reporting 800-678-0166 FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 [Page 11] January 8, 2024 A. Oppenheimer At various points during your deposition today there is a good chance that you are going to know the answer to my question before I finish ~" ,ish askingr my question. I ask you to be patient, .ent, take» ao4beat ~" i,ish and let me finish speaking before you answer and I willtll “sy to do try the same» 34 you, for let “at you finish answering before I in with my next question because the jump L reporter has difficulty “" ““zeulty taking down when two people are talkingking at the same time; sound good? A Yes. Q Great. If £ at any point in time you need a break for any reason you can take a break for as long as you need. What I ask of you is that you answer any question put to you fullylly before you ask for a break; sound| good? A Yes. Q Great. And lastly, in answering a question if you have a memory, an independent recollection “ection that allows you to give an answer please do so. If you can give a fair “i ir estimate as to time, as to distance “or for example please do so. But don't Lexitas Court Reporting 800-678-0166 FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 [Page 12] January 8, 2024 A. Oppenheimer guess, don't speculate and it is Ss _perfectly “ectly fine ne just st to say I don't know or I don't recall;all; sound good? Yes. Great. 10 What is your full “ill name, sir? Andrew Oppenheimer. OO FP No middle name? Robert. FP OO Have you ever gone by any other names? No. F is your date of oo What birth? "th? MR. OUSTATCHER: And on the record just st allll dashes or all11 dots nothing should appear. XX-XX-XX. What is your social security number? MR. OUSTATCHER: And again, please nothing on the record. A XXX-XX-XXXX. Q What is your highest level of education? A Associates. iates. Q From what school? Lexitas Court Reporting 800-678-0166 FILED: NASSAU COUNTY CLERK 05/02/2024 03:13 PM INDEX NO. 607514/2022 NYSCEF DOC. NO. 91 RECEIVED NYSCEF: 05/02/2024 [Page 13] January 8, 2024 A. Oppenheimer PP Culinary of America. P Institute itute ODO was your area of study? CO What Culinary FP FF arts. CO OD Are you single or married? FPF Married. FF For how long have you been married? OO CO FPF ODO FPF Sixteen years. CO Do you have any children? Yes. P FP CO children do you have? O How many FPF One. F oO old is that child? OO How 21. © 2F What is the name of your wife? Keri Oppenheimer. F> Q For how long have you lived at your current address? A Nineteen years. Q Who lives at your current address? A My wife and my daughter. Q What kind of residence is this; is it a single family home, apartment building, something else? A Single family home. Lexitas Court Reporting