On October 21, 2015 a
Order
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 01/30/2020 01:23 PM INDEX NO. 611214/2015
NYSCEF DOC. NO. 621 RECEIVED NYSCEF: 01/30/2020
rNDEX NO. 6t1214/2015
SUPREME COURT - STATE OF NEW YORK
I.A.S. PART 12 - SUFFOLK COL]NTY
PRESENT:
MOTION D ATE: 1 I /27 120 t9
Hon. John H. Rouse ADJ. DATE:
Acting Supreme Court Justice Mot. Seq. 008-MD
e -fi I e d fu I I p a rtic ip at io n
Suzanne Schulman as Administratrix of the Estate of Brittney M.
Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy
GrabinaA/O/E AMY GRABINA, AND MINDY GRABINA,
INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH,
deceased, AND STEVEN BARUCH, INDIVIDUALLy,, Joelle DECISION & ORDER
Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND
NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED,
AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE
BELLI,
Plaintiffs
-agalnst-
Ultimate Class Limousine, Inc., Carlos F pino, Romeo Dimon
Marine Service, Inc., Steven D Romeo, Town Of Southold, County
Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine,
Xyz Companies 1-5 NAME BEING FICTITIOUS BUT
INTENDED TO BE THE REMANUFACTURERS,
DISTRIBUTORS, AND/OR SELLERS OF THE 2OO7 LINCOLN
TOWN CAR STRETCH LIMOUSINE INVOLVED IN THE
COLLISION,
Defendants
TO:
JOHN L ruLIANO PC WICKHAM, BRESSLER & GEASA, P.C
39 DOYLE CT PO BOX 1424
E NORTHPORT, NY I I73 I I30 I5 MAIN ROAD
631-499-9300 MATTITUCK, NY I I952
63 t-298-8353
T fnon the reading and filing ofthe following papers in this matter: (l) Judicial Subpoena
L,,r served upon Garrett Lake by John L. Juliano, Esq. counsel for plaintiff Suzanne Schulman,
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NYSCEF DOC. NO. 621 RECEIVED NYSCEF: 01/30/2020
as Administratrix of the Estate of Brittney M. Schulman, Deceased, as So ordered by the
Hon.
Paul J. Baisley, Jr. (e-filed document 555); Notice of Deposition (e-filed document 356);
Proposed order to Show cause (e-filed document 576) to quash subpoena. and supporting
Affirmation and Exhibits (e-filed docuemtns 577-579); and signed order to Show-cause (e-filed
document (e-filed document 580); it is:
ORDERED lhat the motion (seq. #008) by Garrett Lake to quash the subpoena served upon him
to appear for a pretrial deposition in this action is baseless and is in every respect deniedj and it is
further
OfuDERED that all counsel participating in the deposition of Garrett Lake are directed to review
the rules pertaining to the conduct of depositions fotnd at22 NycRR 221.1 with the
$
understanding that baseless and obstructive conduct in that deposition will be subject to sanctions
upon motion on notice as provided by 22 NYCRR par 130; and it is further
ORDERED that counsel for Plaintifl Suzanne Schulman, as Administratrix of the Estate of
Brittney M. Schulman, Deceased is directed to serve upon the movant a copy of this decision and
order with notice olentry as soon as practicable see protocol
for Electronic Filing in sulfolk
County Supreme Court at II (M) page 6 for rules on serving notice ofentry.
https ://www. nycourts. gov/courts/ 1 0j d/suffolk/EFilingi
DECISION
Garrett Lake was a probationary police officer employed by the Town of Southold. It is alleged
that Officer Lake arrested Steven D. Romeo in connection with a tragic motor vehicle collision
that gives rise to this action. Romeo was an operator of an involved vehicle and later plead guitty
to driving while his ability was impaired. vrl- $ 1992(l). plaintiff Suzanne Schulman, as
Administratrix of the Estate of Brittney M. Schulman, Deceased served upon Lake a judicial
subpoena for him to testib/ at an examination before trial.
Garrett Lake, by counsel, now moves to quash the subpoena upon his contention that he has been
terminated from his employment with the Town of Southotd. Lake argues that because he has
commenced a civil Service $ 75 proceeding challenging the propriety ofhis termination from
employment with the Town of Southold and seeks review of a determination of that claim
pursuant to Article 78, he should not be required to appear at deposition in this action.
Ganett Lake's separate and independent claims as to the propriety ofhis termination do not
immunize him from the service ofprocess in this case and he must appear to answer questions
upon a deposition. Lake has not identified any privilege that he asserts in favor of a protective
order.
The court notes Garrett [,ake also brought an action against the Town of Southold and, upon the
direction ofcounsel, refused to answer nunrerous questions propounded at a 50-h hearing. upon
a GPLR $ 321 I motion in that action (Suffolk county Index Number 61613312017) the Hon.
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NYSCEF DOC. NO. 621 RECEIVED NYSCEF: 01/30/2020
william G. Ford dismissed that action based upon the Lakes's refusal to participate in the 50-h
hearing. Garrett Lake has offered no legitimate basis to refuse to answer questions, under oath,
upon an examination before trial. See decision ofJustice Ford, e-filed document 18, Under
Suffolk County Index Number 616133/2017). Accordingly, the motion to quash the subpoena is
in every respect denied as provided in the orders above.
The foregoing shall constitute the decision and order of ufi
Dated,: January 27 ,2020
JOHN H. R USE, cting J.S.C.
NON-FINAL DISPOSITION
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FILED: SUFFOLK COUNTY CLERK 01/30/2020 01:23 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 621 RECEIVED NYSCEF: 01/30/2020 rNDEX NO. 6t1214/2015 SUPREME COURT - STATE OF NEW YORK I.A.S. PART 12 - SUFFOLK COL]NTY PRESENT: MOTION D ATE: 1 I /27 120 t9 Hon. John H. Rouse ADJ. DATE: Acting Supreme Court Justice Mot. Seq. 008-MD e -fi I e d fu I I p a rtic ip at io n Suzanne Schulman as Administratrix of the Estate of Brittney M. Schulman, Deceased, Alicia M Arundel, Olga Lipets, Mindy GrabinaA/O/E AMY GRABINA, AND MINDY GRABINA, INDIVIDUALLY,, Steven Baruch A/O/E LAUREN BARUCH, deceased, AND STEVEN BARUCH, INDIVIDUALLy,, Joelle DECISION & ORDER Dimonte, Melissa A Crai, Arthur A Belli Jr AS PARENT AND NATURAL GUARDIAN OF STEPHANIE BELLI, DECEASED, AND AS THE ADMINISTRATOR OF THE E/O STEPHANIE BELLI, Plaintiffs -agalnst- Ultimate Class Limousine, Inc., Carlos F pino, Romeo Dimon Marine Service, Inc., Steven D Romeo, Town Of Southold, County Of Suffolk, Cabot Coach Builders, Inc D/B/A Royale Limousine, Xyz Companies 1-5 NAME BEING FICTITIOUS BUT INTENDED TO BE THE REMANUFACTURERS, DISTRIBUTORS, AND/OR SELLERS OF THE 2OO7 LINCOLN TOWN CAR STRETCH LIMOUSINE INVOLVED IN THE COLLISION, Defendants TO: JOHN L ruLIANO PC WICKHAM, BRESSLER & GEASA, P.C 39 DOYLE CT PO BOX 1424 E NORTHPORT, NY I I73 I I30 I5 MAIN ROAD 631-499-9300 MATTITUCK, NY I I952 63 t-298-8353 T fnon the reading and filing ofthe following papers in this matter: (l) Judicial Subpoena L,,r served upon Garrett Lake by John L. Juliano, Esq. counsel for plaintiff Suzanne Schulman, Page I of 3 1 of 3 FILED: SUFFOLK COUNTY CLERK 01/30/2020 01:23 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 621 RECEIVED NYSCEF: 01/30/2020 as Administratrix of the Estate of Brittney M. Schulman, Deceased, as So ordered by the Hon. Paul J. Baisley, Jr. (e-filed document 555); Notice of Deposition (e-filed document 356); Proposed order to Show cause (e-filed document 576) to quash subpoena. and supporting Affirmation and Exhibits (e-filed docuemtns 577-579); and signed order to Show-cause (e-filed document (e-filed document 580); it is: ORDERED lhat the motion (seq. #008) by Garrett Lake to quash the subpoena served upon him to appear for a pretrial deposition in this action is baseless and is in every respect deniedj and it is further OfuDERED that all counsel participating in the deposition of Garrett Lake are directed to review the rules pertaining to the conduct of depositions fotnd at22 NycRR 221.1 with the $ understanding that baseless and obstructive conduct in that deposition will be subject to sanctions upon motion on notice as provided by 22 NYCRR par 130; and it is further ORDERED that counsel for Plaintifl Suzanne Schulman, as Administratrix of the Estate of Brittney M. Schulman, Deceased is directed to serve upon the movant a copy of this decision and order with notice olentry as soon as practicable see protocol for Electronic Filing in sulfolk County Supreme Court at II (M) page 6 for rules on serving notice ofentry. https ://www. nycourts. gov/courts/ 1 0j d/suffolk/EFilingi DECISION Garrett Lake was a probationary police officer employed by the Town of Southold. It is alleged that Officer Lake arrested Steven D. Romeo in connection with a tragic motor vehicle collision that gives rise to this action. Romeo was an operator of an involved vehicle and later plead guitty to driving while his ability was impaired. vrl- $ 1992(l). plaintiff Suzanne Schulman, as Administratrix of the Estate of Brittney M. Schulman, Deceased served upon Lake a judicial subpoena for him to testib/ at an examination before trial. Garrett Lake, by counsel, now moves to quash the subpoena upon his contention that he has been terminated from his employment with the Town of Southotd. Lake argues that because he has commenced a civil Service $ 75 proceeding challenging the propriety ofhis termination from employment with the Town of Southold and seeks review of a determination of that claim pursuant to Article 78, he should not be required to appear at deposition in this action. Ganett Lake's separate and independent claims as to the propriety ofhis termination do not immunize him from the service ofprocess in this case and he must appear to answer questions upon a deposition. Lake has not identified any privilege that he asserts in favor of a protective order. The court notes Garrett [,ake also brought an action against the Town of Southold and, upon the direction ofcounsel, refused to answer nunrerous questions propounded at a 50-h hearing. upon a GPLR $ 321 I motion in that action (Suffolk county Index Number 61613312017) the Hon. Page 2 of 3 2 of 3 FILED: SUFFOLK COUNTY CLERK 01/30/2020 01:23 PM INDEX NO. 611214/2015 NYSCEF DOC. NO. 621 RECEIVED NYSCEF: 01/30/2020 william G. Ford dismissed that action based upon the Lakes's refusal to participate in the 50-h hearing. Garrett Lake has offered no legitimate basis to refuse to answer questions, under oath, upon an examination before trial. See decision ofJustice Ford, e-filed document 18, Under Suffolk County Index Number 616133/2017). Accordingly, the motion to quash the subpoena is in every respect denied as provided in the orders above. The foregoing shall constitute the decision and order of ufi Dated,: January 27 ,2020 JOHN H. R USE, cting J.S.C. NON-FINAL DISPOSITION Page 3 of 3 3 of 3