On October 21, 2015 a
Motion-Secondary
was filed
involving a dispute between
Alicia M Arundel,
Arthur A Belli Jr
As Parent And Natural Guardian Of Stephanie Belli, Deceased, And As The Administrator Of The E O Stephanie Belli,
Joelle Dimonte,
Melissa A Crai,
Mindy Grabina
A O E Amy Grabina, And Mindy Grabina, Individually,,
Olga Lipets,
Steven Baruch
A O E Lauren Baruch, Deceased, And Steven Baruch, Individually,,
Suzanne Schulman
As Administratrix Of The Estate Of Brittney M. Schulman, Deceased,
and
Cabot Coach Builders, Inc D B A Royale Limousine,
Carlos F Pino,
County Of Suffolk,
Romeo Dimon Marine Service, Inc.,
Steven D Romeo,
Town Of Southold,
Ultimate Class Limousine, Inc.,
Xyz Companies 1-5
Name Being Fictitious But Intended To Be The Remanufacturers, Distributors, And Or Sellers Of The 2007 Lincoln Town Car Stretch Limousine Involved In The Collision,,
for Tort
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 11/12/2019 05:13 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 577 RECEIVED NYSCEF: 11/12/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-- X Index No. 611214/2015
ALICIA M. ARUNDEL, SUZANNE SCHULMAN, AS
ADMINISTRATRIX OF THE ESTATE OF BRITTNEY
M. SCHULMAN, DECEASED, et. al.
AFFIRMATION IN SUPPORT
Plaintiffs, OF MOTION TO QUASH
-against-
ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO,
ROMEO DIMON MARINE SERVICE, INC., STEVEN
ROMEO, TOWN OF SOUTHOLD, COUNTY OF
SUFFOLK, CABOT COACH BUILDERS, INC. d/b/a
ROYALE LIMOUSINE, et. al.
Defendants.
------------------------------ X
Eric J. Bressler, an attorney duly admitted to practice in the courts of the State of New
York, affirms to the truth of the following under penalties of perjury:
1. I am a member of Wickham, Bressler & Geasa, P.C., attorneys for Garrett Lake, a
third party whose attendance at depositions has been required by subpoena. I make this
affirmation and make this affirmation in support of the motion to quash/the subpoena. I have
knowledge of the facts stated herein.
THE RELEVANT FACTS
2. This action arises out of an automobile accident in the Town of Southold in which
there were numerous personal injuries, including death. The accident occurred when a limousine
engaged in a U-turn on Road 48 in New York and was struck an on-
County Cutchogue, by
coming vehicle driven by defendant Steven Romeo. Garrett Lake was one of the Southold Town
police officers who later arrived on the scene and the one who, upon instructions of senior
officers, made the arrest of the driver of the on-coming vehicle.
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FILED: SUFFOLK COUNTY CLERK 11/12/2019 05:13 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 577 RECEIVED NYSCEF: 11/12/2019
3. Garrett Lake was a probationary officer at this time. His employment was
abruptly terminated immediately prior to the end of his probationary period. As a result thereof,
Garrett Lake commenced a proceeding pursuant to Civil Service Law §75 alleging an improper
purpose for termination under Suffolk County Supreme Court Index No. 616133/2017. The
matter is currently before the Appellate Division, Second Department on appeal for a denial in
the Supreme Court.
4. Garrett Lake was issued a subpoena returnable November 13, 2019 at 2:00 P.M.
A copy is annexed hereto and incorporated herein as Exhibit A.
BASIS FOR RELIEF
5. The Town of Southold is a party to this action and will have the opportunity to
cross-examine Garrett Lake upon deposition and obtain information which was otherwise not
discovery"
available to them in the Article 75 Proceeding. This essentially constitutes "free
which could be used against Garrett Lake should the Appellate Division reverse and reinstate the
petition.
6. There is no need for Garrett Lake's testimony, as all of the relevant documents
concerning the arrest and prosecution are obtainable from the parties. Moreover, plaintiff has the
ability to obtain all of the documents in the Article 75 Proceeding. Thus, there is nothing more
Garrett Lake can bring to the case.
7. A request to withdraw the subpoena was made to the attorney for plaintiff. The
request to withdraw was denied.
2
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FILED: SUFFOLK COUNTY CLERK 11/12/2019 05:13 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 577 RECEIVED NYSCEF: 11/12/2019
NOTICE/NO PRIOR APPLICATION
8. Notice of this application has been given to the parties by virtue of the electronic
filing of this application. A copy of the letteradvising the issuer of the subpoena of this
application is annexed hereto and incorporated herein as Exhibit B. No prior application for the
relief sought herein has been made.
CONCLUSION
9. Te deposition of Garrett Lake could add nothing to plaintiff's case but could
seriously prejudice Garrett Lake. As a result, the motion to quash should be granted.
WHEREFORE, itis respectfully requested that the motion to quash be granted or, in the
alternative, that the Court fix conditions as to same.
Dated: November 12, 2019
Mattituck, New York
Erid / 31Wsl'er
TO:
JOHN L. JULIANO, ESQ.
39 DOYLE COURT
E. NORTHPORT, NY 11731
631-499-9300
BONGIORNO LAW FIRM, PLLC
1415 KELLUM PLACE, STE 205
GARDEN CITY, NY 11530
516-741-4170
SULLIVAN PAPAIN BLOCK MCGRATH
1140 FRANKLIN AVENUE-STE.200
GARDEN CITY, NY 11530
516-742-0707
3
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FILED: SUFFOLK COUNTY CLERK 11/12/2019 05:13 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 577 RECEIVED NYSCEF: 11/12/2019
PEGALIS LAW GROUP, LLC
ONE HOLLOW LANE, STE 107
LAKE SUCCESS, NY 11042
516-684-2900
PARIS & CHAIKIN, PLLC
14 PENN PLAZA, SUITE 2202
NEW YORK, NY 10122
212-742-0476
JOSEPH J. TOCK, ESQ.
963 ROUTE 6
MAHOPAC, NY 10541
914-628-8080
FRANK J. LAINE, P.C.
449 SOUTH OYSTER BAY ROAD
PLAINVIEW, NY 11803
516-937-1010
BLOCK O'TOOLE & MURPHY, ESQS.
ONE PENN PLAZA, STE 5315
NEW YORK, NY 10119
212-736-5300
Attorney/Firm For Defendant:
BONGIORNO MONTIGLIO & PALMIERI
200 OLD COUNTRY ROAD, STE 680
MINEOLA, NY 11501
516-849-7565
CASCONE & KLUEPFEL, LLP
1399 FRANKLIN AVENUE, STE 302
GARDEN CITY, NY 11530
516-747-1990
LEWIS JOHS AVALLONE AVILES
ONE CA PLAZA, STE 225
ISLANDIA, NY 11749
631-755-0101
4
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FILED: SUFFOLK COUNTY CLERK 11/12/2019 05:13 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 577 RECEIVED NYSCEF: 11/12/2019
THOMAS M. VOLZ, PLLC
280 SMITHTOWN BLVD.
NESCONSET, NY 11767
631-366-2700
VINCENT D. MCNAMARA, ESQ.
1045 OYSTER BAY RD, SUITE 1
E. NORWICH, NY 11732
516-922-9100
ANDREA G. SAWYERS, ESQ.
P.O. BOX 2903
HARTFORD, CT 06104
631-501-3100
5
5 of 5
Preview
FILED: SUFFOLK COUNTY CLERK 11/12/2019 05:13 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 577 RECEIVED NYSCEF: 11/12/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -- X Index No. 611214/2015 ALICIA M. ARUNDEL, SUZANNE SCHULMAN, AS ADMINISTRATRIX OF THE ESTATE OF BRITTNEY M. SCHULMAN, DECEASED, et. al. AFFIRMATION IN SUPPORT Plaintiffs, OF MOTION TO QUASH -against- ULTIMATE CLASS LIMOUSINE, INC., CARLOS PINO, ROMEO DIMON MARINE SERVICE, INC., STEVEN ROMEO, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, CABOT COACH BUILDERS, INC. d/b/a ROYALE LIMOUSINE, et. al. Defendants. ------------------------------ X Eric J. Bressler, an attorney duly admitted to practice in the courts of the State of New York, affirms to the truth of the following under penalties of perjury: 1. I am a member of Wickham, Bressler & Geasa, P.C., attorneys for Garrett Lake, a third party whose attendance at depositions has been required by subpoena. I make this affirmation and make this affirmation in support of the motion to quash/the subpoena. I have knowledge of the facts stated herein. THE RELEVANT FACTS 2. This action arises out of an automobile accident in the Town of Southold in which there were numerous personal injuries, including death. The accident occurred when a limousine engaged in a U-turn on Road 48 in New York and was struck an on- County Cutchogue, by coming vehicle driven by defendant Steven Romeo. Garrett Lake was one of the Southold Town police officers who later arrived on the scene and the one who, upon instructions of senior officers, made the arrest of the driver of the on-coming vehicle. 1 of 5 FILED: SUFFOLK COUNTY CLERK 11/12/2019 05:13 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 577 RECEIVED NYSCEF: 11/12/2019 3. Garrett Lake was a probationary officer at this time. His employment was abruptly terminated immediately prior to the end of his probationary period. As a result thereof, Garrett Lake commenced a proceeding pursuant to Civil Service Law §75 alleging an improper purpose for termination under Suffolk County Supreme Court Index No. 616133/2017. The matter is currently before the Appellate Division, Second Department on appeal for a denial in the Supreme Court. 4. Garrett Lake was issued a subpoena returnable November 13, 2019 at 2:00 P.M. A copy is annexed hereto and incorporated herein as Exhibit A. BASIS FOR RELIEF 5. The Town of Southold is a party to this action and will have the opportunity to cross-examine Garrett Lake upon deposition and obtain information which was otherwise not discovery" available to them in the Article 75 Proceeding. This essentially constitutes "free which could be used against Garrett Lake should the Appellate Division reverse and reinstate the petition. 6. There is no need for Garrett Lake's testimony, as all of the relevant documents concerning the arrest and prosecution are obtainable from the parties. Moreover, plaintiff has the ability to obtain all of the documents in the Article 75 Proceeding. Thus, there is nothing more Garrett Lake can bring to the case. 7. A request to withdraw the subpoena was made to the attorney for plaintiff. The request to withdraw was denied. 2 2 of 5 FILED: SUFFOLK COUNTY CLERK 11/12/2019 05:13 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 577 RECEIVED NYSCEF: 11/12/2019 NOTICE/NO PRIOR APPLICATION 8. Notice of this application has been given to the parties by virtue of the electronic filing of this application. A copy of the letteradvising the issuer of the subpoena of this application is annexed hereto and incorporated herein as Exhibit B. No prior application for the relief sought herein has been made. CONCLUSION 9. Te deposition of Garrett Lake could add nothing to plaintiff's case but could seriously prejudice Garrett Lake. As a result, the motion to quash should be granted. WHEREFORE, itis respectfully requested that the motion to quash be granted or, in the alternative, that the Court fix conditions as to same. Dated: November 12, 2019 Mattituck, New York Erid / 31Wsl'er TO: JOHN L. JULIANO, ESQ. 39 DOYLE COURT E. NORTHPORT, NY 11731 631-499-9300 BONGIORNO LAW FIRM, PLLC 1415 KELLUM PLACE, STE 205 GARDEN CITY, NY 11530 516-741-4170 SULLIVAN PAPAIN BLOCK MCGRATH 1140 FRANKLIN AVENUE-STE.200 GARDEN CITY, NY 11530 516-742-0707 3 3 of 5 FILED: SUFFOLK COUNTY CLERK 11/12/2019 05:13 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 577 RECEIVED NYSCEF: 11/12/2019 PEGALIS LAW GROUP, LLC ONE HOLLOW LANE, STE 107 LAKE SUCCESS, NY 11042 516-684-2900 PARIS & CHAIKIN, PLLC 14 PENN PLAZA, SUITE 2202 NEW YORK, NY 10122 212-742-0476 JOSEPH J. TOCK, ESQ. 963 ROUTE 6 MAHOPAC, NY 10541 914-628-8080 FRANK J. LAINE, P.C. 449 SOUTH OYSTER BAY ROAD PLAINVIEW, NY 11803 516-937-1010 BLOCK O'TOOLE & MURPHY, ESQS. ONE PENN PLAZA, STE 5315 NEW YORK, NY 10119 212-736-5300 Attorney/Firm For Defendant: BONGIORNO MONTIGLIO & PALMIERI 200 OLD COUNTRY ROAD, STE 680 MINEOLA, NY 11501 516-849-7565 CASCONE & KLUEPFEL, LLP 1399 FRANKLIN AVENUE, STE 302 GARDEN CITY, NY 11530 516-747-1990 LEWIS JOHS AVALLONE AVILES ONE CA PLAZA, STE 225 ISLANDIA, NY 11749 631-755-0101 4 4 of 5 FILED: SUFFOLK COUNTY CLERK 11/12/2019 05:13 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 577 RECEIVED NYSCEF: 11/12/2019 THOMAS M. VOLZ, PLLC 280 SMITHTOWN BLVD. NESCONSET, NY 11767 631-366-2700 VINCENT D. MCNAMARA, ESQ. 1045 OYSTER BAY RD, SUITE 1 E. NORWICH, NY 11732 516-922-9100 ANDREA G. SAWYERS, ESQ. P.O. BOX 2903 HARTFORD, CT 06104 631-501-3100 5 5 of 5