Preview
FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/20/2024
EXHIBIT "7"
FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/20/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X
Action# 1
ANDREW OPPENHEIMER,
Index No.: 607514/2022
Plaintiff,
POST DEPOSITION
NOTICE OF DISCOVERY
-against-
AND INSPECTION
NORTH MERRICK FIRE DEPARTMENT, NORTH
MERRICK FIRE DISTRICT, MERRICK FIRE
DEPARTMENT, BELLMORE FIRE DEPARTMENT,
BELLMORE FIRE DISTRJCT, 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,
Defendants.
----------------------------------------------------------------------X
VINU JACOB,
Plaintiff, Action# 2
-against- Index No.: 607516/2022
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,
Defendants.
----------------------------------------------------------------------X
PLEASE TAKE NOTICE, that the Plaintiffs by their attorneys GREY & GREY, LLP
hereby demand that the Defendants, NORTH MERRICK FIRE DEPARTMENT, NORTH
MERRICK FIRE DISTRICT and PAUL WILDERS, and or each of them, produce and allow
discovery and inspection to be made by the Plaintiffs' attorneys of:
1. The Standard Operating Procedures maintained by Defendant, NORTH
MERRICK FIRE DEPARTMENT and/or, NORTH MERRICK FIRE DISTRICT for
firefighters and any updates thereto that
FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/20/2024
were in effect on July 10, 2021.
2. The Standard Operating Procedures maintained by Defendant, NORTH
MERRICK FIRE DEPARTMENT and/or, NORTH MERRICK FIRE DISTRICT for
EMTs and any updates thereto that were in effect on July 10, 2021.
3. Any and all Firefighter training manuals that were in effect on July 10, 2021.
4. Any and all EMT training manuals that were in effect on July 10, 2021.
5. True, legible and complete copy of the lease agreement for the use of the Four
Towns Firemen's Training Center in effect on July 10, 2021.
6. True, legible and complete copy of all Tech inspections of the Class C Hose
Tender as testified to by witness, Paul Wilders at his deposition that took place on April 24,
2024.
7. All N. Merrick Board of Fire Commissioners board meeting minutes from 2016 to
2022.
PLEASE TAKE FURTHER NOTICE, that your default will result in an application
being made to the Court for appropriate relief, with costs.
PLEASE TAKE FURTHER NOTICE, that the foregoing is a continuing demand and
that if any of the above items are obtained or come into the possession of the Defendant(s), their
agents, servants, employees and/or attorneys after the date of this demand, they are to be furnished
pursuant to this demand.
Dated: Farmingdale, New York
April 26, 2024
FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/20/2024
Yours, etc.
.
Lr
,.-
MW!bel Gomez Esq.
GREY & GREY, LLP
Attorneys for Plaintiff
ANDREW OPPENHEIMER & VINU JACOB
360 Main Street
Farmingdale, New York 11735
516.249.1342
mgomez@greyandgrey.com
TO: Adam Oustatcher, Esq.
HANNUM FERETIC PRENDERGAST & MERLINO, LLC
Attorneys for Defendants
NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT
and PAUL WILDERS
55 Broadway, Suite 202
New York, New York 10006
212-530-3900
aoustatcher@hfpmlaw.com
Andrew M. Lauri, Esq.
GALLO VITUCCI KLAR LLP
Attorneys for Defendants - MERRICK FIRE PROTECTION DISTRICT s/h/a
MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and
BELLMORE FIRE DISTRICT
100 Crossways Park West, Suite 305
Woodbury, NY 11797
212-683-7100
File No.: GB.2022005
alauri@,gvlaw.com
Paul Toscano, Esq.
BEE READY FISHBEIN HATTER & DONOVAN, LLP
Attorneys for Defendant
TOWN OF HEMPSTEAD
170 Old Country Road, Suite 200
Mineola, NY 11501
File No.: 1873-2217
516-746-5599
ptoscano@beereadylaw.com
The New York State Volunteer (non appearing party)
Firemen's Parade and Drill Team
Captains Association, Inc.
47 Columbia Street
Mohawk, NY 13407
FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/20/2024
Nassau County Volunteer Firemen's Parade (non appearing party)
And Drill Team Captains Association, Inc.
42 Pine Street
Hicksville, NY 11001
FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/20/2024
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss. :
COUNTY OF NASSAU )
MICHELLE VILLELLA, being duly sworn, deposes and says: I am not a party to the action,
am over 18 years of age and reside in Nassau County, State of New York. That on April 26,
2024 I served the within POST DEPOSITION NOTICE OF DISCOVERY AND
INSPECTION on the following attorneys in this action via Electronic Filing with the New York
State Court System @ EFile@nycourts.gov:
TO:
Adam Oustatcher, Esq.
HANNUM FERETIC PRENDERGAST & MERLINO, LLC
Attorneys for Defendants
NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT
and �AUL WILDERS
55 Broadway, Suite 202
New York, New York 10006
aoustatcher@hfpmlaw .com
Andrew M. Lauri, Esq.
GALLO VITUCCI KLAR LLP
Attorneys for Defendants - MERRICK FIRE PROTECTION DISTRICT s/h/a
MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and
BELLMORE FIRE DISTRICT
100 Crossways Park West, Suite 305
Woodbury, NY 11797
alauri@gvlaw.com
Paul Toscano, Esq.
BEE READY FISHBEIN HATTER & DONOVAN, LLP
Attorneys for Defendant
TOWN OF HEMPSTEAD
170 Old Country Road, Suite 200
Mineola, NY 11501
ptoscano@beereadylaw.com
Sworn to before me this
26 ay of Apri 24.
-c»lw(J�
Michelle Vi1ea
(
Not Public
ANDREA FERRANDf
��s
Notary Public, State of New Yortc
Registration No. 01FE6064419
Commission Expires September 24, q_uo
Qualified In Suffolk County
_
FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022
NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/20/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
----------------------------------------------------------------------X
ANDREW OPPENHEIMER Action# 1
Plaintiff, 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,
Defendants.
----------------------------------------------------------------------X
VINU JACOB,
Plaintiff, Action# 2
-against- Index No.: 607516/2022
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,
Defendants.
----------------------------------------------------------------------X
POST DEPOSITION NOTICE OF DISCOVERY AND INSPECTION
. ..
GREY & GREY, LLP
Attorneys for Plaintiff(s)
360 Main Street
Farmingdale, NY 11735
(516) 249-1342
Preview
FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/20/2024 EXHIBIT "7" FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/20/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------X Action# 1 ANDREW OPPENHEIMER, Index No.: 607514/2022 Plaintiff, POST DEPOSITION NOTICE OF DISCOVERY -against- AND INSPECTION NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT, MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT, BELLMORE FIRE DISTRJCT, 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, Defendants. ----------------------------------------------------------------------X VINU JACOB, Plaintiff, Action# 2 -against- Index No.: 607516/2022 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, Defendants. ----------------------------------------------------------------------X PLEASE TAKE NOTICE, that the Plaintiffs by their attorneys GREY & GREY, LLP hereby demand that the Defendants, NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT and PAUL WILDERS, and or each of them, produce and allow discovery and inspection to be made by the Plaintiffs' attorneys of: 1. The Standard Operating Procedures maintained by Defendant, NORTH MERRICK FIRE DEPARTMENT and/or, NORTH MERRICK FIRE DISTRICT for firefighters and any updates thereto that FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/20/2024 were in effect on July 10, 2021. 2. The Standard Operating Procedures maintained by Defendant, NORTH MERRICK FIRE DEPARTMENT and/or, NORTH MERRICK FIRE DISTRICT for EMTs and any updates thereto that were in effect on July 10, 2021. 3. Any and all Firefighter training manuals that were in effect on July 10, 2021. 4. Any and all EMT training manuals that were in effect on July 10, 2021. 5. True, legible and complete copy of the lease agreement for the use of the Four Towns Firemen's Training Center in effect on July 10, 2021. 6. True, legible and complete copy of all Tech inspections of the Class C Hose Tender as testified to by witness, Paul Wilders at his deposition that took place on April 24, 2024. 7. All N. Merrick Board of Fire Commissioners board meeting minutes from 2016 to 2022. PLEASE TAKE FURTHER NOTICE, that your default will result in an application being made to the Court for appropriate relief, with costs. PLEASE TAKE FURTHER NOTICE, that the foregoing is a continuing demand and that if any of the above items are obtained or come into the possession of the Defendant(s), their agents, servants, employees and/or attorneys after the date of this demand, they are to be furnished pursuant to this demand. Dated: Farmingdale, New York April 26, 2024 FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/20/2024 Yours, etc. . Lr ,.- MW!bel Gomez Esq. GREY & GREY, LLP Attorneys for Plaintiff ANDREW OPPENHEIMER & VINU JACOB 360 Main Street Farmingdale, New York 11735 516.249.1342 mgomez@greyandgrey.com TO: Adam Oustatcher, Esq. HANNUM FERETIC PRENDERGAST & MERLINO, LLC Attorneys for Defendants NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT and PAUL WILDERS 55 Broadway, Suite 202 New York, New York 10006 212-530-3900 aoustatcher@hfpmlaw.com Andrew M. Lauri, Esq. GALLO VITUCCI KLAR LLP Attorneys for Defendants - MERRICK FIRE PROTECTION DISTRICT s/h/a MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT 100 Crossways Park West, Suite 305 Woodbury, NY 11797 212-683-7100 File No.: GB.2022005 alauri@,gvlaw.com Paul Toscano, Esq. BEE READY FISHBEIN HATTER & DONOVAN, LLP Attorneys for Defendant TOWN OF HEMPSTEAD 170 Old Country Road, Suite 200 Mineola, NY 11501 File No.: 1873-2217 516-746-5599 ptoscano@beereadylaw.com The New York State Volunteer (non appearing party) Firemen's Parade and Drill Team Captains Association, Inc. 47 Columbia Street Mohawk, NY 13407 FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/20/2024 Nassau County Volunteer Firemen's Parade (non appearing party) And Drill Team Captains Association, Inc. 42 Pine Street Hicksville, NY 11001 FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/20/2024 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss. : COUNTY OF NASSAU ) MICHELLE VILLELLA, being duly sworn, deposes and says: I am not a party to the action, am over 18 years of age and reside in Nassau County, State of New York. That on April 26, 2024 I served the within POST DEPOSITION NOTICE OF DISCOVERY AND INSPECTION on the following attorneys in this action via Electronic Filing with the New York State Court System @ EFile@nycourts.gov: TO: Adam Oustatcher, Esq. HANNUM FERETIC PRENDERGAST & MERLINO, LLC Attorneys for Defendants NORTH MERRICK FIRE DEPARTMENT, NORTH MERRICK FIRE DISTRICT and �AUL WILDERS 55 Broadway, Suite 202 New York, New York 10006 aoustatcher@hfpmlaw .com Andrew M. Lauri, Esq. GALLO VITUCCI KLAR LLP Attorneys for Defendants - MERRICK FIRE PROTECTION DISTRICT s/h/a MERRICK FIRE DEPARTMENT, BELLMORE FIRE DEPARTMENT and BELLMORE FIRE DISTRICT 100 Crossways Park West, Suite 305 Woodbury, NY 11797 alauri@gvlaw.com Paul Toscano, Esq. BEE READY FISHBEIN HATTER & DONOVAN, LLP Attorneys for Defendant TOWN OF HEMPSTEAD 170 Old Country Road, Suite 200 Mineola, NY 11501 ptoscano@beereadylaw.com Sworn to before me this 26 ay of Apri 24. -c»lw(J� Michelle Vi1ea ( Not Public ANDREA FERRANDf ��s Notary Public, State of New Yortc Registration No. 01FE6064419 Commission Expires September 24, q_uo Qualified In Suffolk County _ FILED: NASSAU COUNTY CLERK 05/20/2024 10:32 AM INDEX NO. 607514/2022 NYSCEF DOC. NO. 120 RECEIVED NYSCEF: 05/20/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------------------------------------------------X ANDREW OPPENHEIMER Action# 1 Plaintiff, 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, Defendants. ----------------------------------------------------------------------X VINU JACOB, Plaintiff, Action# 2 -against- Index No.: 607516/2022 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, Defendants. ----------------------------------------------------------------------X POST DEPOSITION NOTICE OF DISCOVERY AND INSPECTION . .. GREY & GREY, LLP Attorneys for Plaintiff(s) 360 Main Street Farmingdale, NY 11735 (516) 249-1342