Hearing Transcript 6-27-11

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OWEN WICKER, RPR
OFFICIAL COURT REPORTER
136
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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EAST END ERUV ASSSOCIATION,
INC., et al.,
: CV 11-0213
Plaintiffs,
: United States Courthouse
-against- Central Islip, New York
THE VILLAGE OF WESTHAMPTON
BEACH, et al.,
: June 27, 2011
Defendants. 9:30 a.m.
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TRANSCRIPT OF HEARING
THE HONORABLE LEONARD D. WEXLER
UNITED STATES DISTRICT COURT JUDGE
APPEARANCES:
For the Plaintiffs: WEIL, GOTSHAL & MANGES LLP
767 Fifth Avenue
New York, NY 10153
By: ROBERT G. SUGARMAN, ESQ.
JESSIE B. MISHKIN, ESQ.
CHRISTOPHER LUISE, ESQ.
JOSHUA SCHLENGER, ESQ.
YEHUDAH L. BUCHWEITZ, ESQ.
For the Defendants: DEVITT SPELLMAN BARRETT, LLP
50 Route 111
Smithtown, NY 11787
By: THOMAS J. SPELLMAN, JR., ESQ.
For Village of Quogue
-and-
MARCI HAMILTON, ESQ.
Benjamin Cardozo School of Law
SOKOLOFF STERN LLP
355 Post Avenue
Westbury, NY 11590
By: BRIAN S. SOKOLOFF, ESQ.
LEO DORFMAN, ESQ.
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OWEN WICKER, RPR
137
JASPAN SCHLESINGER, LLP
300 Garden City Plaza
Garden City, NY 11530
By: MAUREEN LICCIONE, ESQ.
ROBERT V. GUIDO, ESQ.
Court Reporter: OWEN WICKER, RPR
100 Federal Plaza - Suite 1180
Central Islip, New York 11722
(631) 712-6102
Proceedings recorded by mechanical stenography;
transcript produced by computer aided transcription
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OWEN WICKER, RPR
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THE COURT: Joe, call the case.
(Case called.)
THE COURT: Be seated.
MS. LICCIONE: There are appearances which
previously have not been noted.
THE COURT: Who is that?
MS. LICCIONE: My partner, Robert Guido,
G-U-I-D-O, from Jaspan Schlessinger for the Town of
Southampton.
MR. SPELLMAN: If I may your Honor, Thomas J.
Spellman, Jr. My partner, Jeltje DeJong, was here the
other day.
MR. SOKOLOFF: Before we get started, I
understand there are nonparty witnesses in the courtroom.
I ask they be excluded. Nonparty witnesses.
MR. SUGARMAN: Your Honor, I don't think there
will be credibility issues between party witnesses and
nonparty witnesses. We did not do that the other day.
There were nonparty witnesses in the courtroom.
THE COURT: The other day, correct, though it
wasn't your case.
All witnesses are excluded.
MR. SUGARMAN: Nonparty witnesses.
THE COURT: Nonparty witnesses, of course.
Most of the people in the back are students and
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Tuchman - Direct/Sugarman
OWEN WICKER, RPR
Official Court Reporter
139
have nothing to do with this case.
MR. SUGARMAN: I would like to introduce my
colleague, Yehudah Buchweitz.
Counsel have conferred, and we'll do Westhampton
Beach, with one exception. As Ms. Liccione's requested,
we'll call Supervisor Throne-Holst out of turn so she can
go back to her job.
And in addition, counsel agree when Mr. Tuchman
and Mr. Balcerski will testify -- and they'll be the first
two witnesses -- both Westhampton Beach lawyers and
Southampton lawyers will cross-examine them so they can go
on with their business, if that is okay with your Honor.
THE COURT: Fine.
MR. SUGARMAN: So, Mr. Tuchman, can you resume
the stand, please.
Your Honor, we've also prepared up-to-date
exhibit books which we're handing up to you right now.
THE COURT: Joe, swear the witness in.
THE CLERK: He's already sworn, Judge.
M O R R I S T U C H M A N,
having been previously affirmed, resumed the stand
and testified further as follows:
THE WITNESS: Morris Tuchman.
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OWEN WICKER, RPR
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DIRECT EXAMINATION
BY MR. SUGARMAN:
Q Mr. Tuchman, you were in 2008, were and are today,
the president of Westhampton synagogue?
A Yes.
Q There was testimony, in 2008 Westhampton synagogue
submitted an application to the Village of Westhampton
Beach.
MR. SOKOLOFF: Objection.
THE COURT: What's the grounds?
MR. SOKOLOFF: I don't believe there is
testimony about any application. That is a term of art.
THE COURT: Overruled.
Go ahead.
BY MR. SUGARMAN:
Q When the Hamptons synagogue submitted its initial
application in 2008, did you discuss that with -- either
publicly or privately with Mayor Teller?
A Yes. Yes.
Q And would you give the Court the substance of those
discussions?
A There were numerous discussions, but I think most
significantly there was a public hearing or meeting where
Mayor Teller spoke about --
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OWEN WICKER, RPR
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The question was, if I may, the question was
about private or public conversations with Mayor Teller.
Now he's talking about a public hearing, things that the
mayor said in a public hearing.
MR. SUGARMAN: I said either public or private,
and so I will rephrase the question to satisfy
Mr. Sokoloff.
BY MR. SUGARMAN:
Q Did you either have private conversations or were you
present at public statements that Mayor Teller made?
A Yes, I was at a public hearing where Mayor Teller
discussed the application. And he stated that he had
spoken with the mayor of Tenafly; that there had been no
problems that they had encountered after the Tenafly
litigation; that he had no reason to oppose the granting
of any application; and that basically he was vetting this
application and that he was in favor of it being granted,
and there was nothing to block it from being granted.
Q Did Mayor Teller change his position with respect to
the eruvs?
A Yes. There was a firestorm of opposition --
MR. SOKOLOFF: Objection. Objection.
Objection.
THE COURT: I didn't hear the answer.
MR. SOKOLOFF: He said there was a firestorm, is
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OWEN WICKER, RPR
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what he said.
MR. SUGARMAN: Of protests.
THE COURT: Let him finish his answer so I know
what he's saying.
Counsel, there is no jury. If there is a
problem, I can strike it out of my mind.
MR. SOKOLOFF: I understand.
THE COURT: It's overruled.
Go ahead. Finish your answer.
A Yes, there was a firestorm of opposition, and it was
quite clear that the mayor would not any longer support
the application or the granting of an eruv.
BY MR. SUGARMAN:
Q When you say it was quite clear, how did that
manifest itself?
A There were numerous articles. And in fact, in the
mayor's own campaign literature, he made clear he was not
in favor of the eruv; that it was dividing the community;
that it was reasonable -- that reasonable people could
assume there would become a Jewish enclave if an eruv was
granted. It was quite clear that he was no longer in
favor of it.
Q Did other trustees of the Village of Westhampton
Beach publicly indicate their position with respect to the
eruv?
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OWEN WICKER, RPR
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A In campaign literature and interviews, it was
absolutely clear they weren't going to approve an eruv.
Q Did officials in the Town of Southampton take a
position with respect to the eruv?
A For a very, very long time, until literally the
eleventh hour, they said nothing to indicate that they had
an opposition to the eruv. In fact, there were folks
from -- spokesman saying it's up to Verizon and LIPA.
MS. LICCIONE: Objection.
THE COURT: Who said it?
THE WITNESS: A spokesperson from the Town of
Southampton.
THE COURT: What do you mean "a spokesperson"?
THE WITNESS: That is what the quote was in the
press.
THE COURT: Sustained.
MS. LICCIONE: I'll object to hearsay. We all
know --
THE COURT: I just ruled in your favor, Counsel.
MS. LICCIONE: I didn't hear your Honor.
MR. SUGARMAN: Mr. Tuchman -- withdrawn.
BY MR. SUGARMAN:
Q You testified last week that Verizon and LIPA had
agreements with the Eruv Association.
A Absolutely.
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OWEN WICKER, RPR
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Q Let me finish.
What was the result with respect to -- the
opposition with respect to both Westhampton Beach and
Westhampton?
MS. LICCIONE: Objection. There has been no
testimony.
THE COURT: Let's hear what the testimony is.
Overruled.
A LIPA and Verizon both refused to issue licenses
pursuant to those contracts because of the opposition that
they had received from Southampton in writing --
THE COURT: How do you know this?
THE WITNESS: Because they were typing the
licenses. We were told they were typing the licenses.
THE COURT: Who told you?
THE WITNESS: LIPA and Verizon.
THE WITNESS: You want the particular people?
THE COURT: Yes.
THE WITNESS: We heard from Braglia,
B-R-A-G-L-I-A, who was with LIPA, and -- I'm sorry, your
Honor, his name, for the moment, from Verizon escaped me.
MR. SUGARMAN: We'll bring that out with
Mr. Balcerski, with the next witness.
MS. LICCIONE: Your Honor, I have a continuing
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OWEN WICKER, RPR
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objection --
THE COURT: You have a continuing objection.
MS. LICCIONE: -- as to the basis to lay a
foundation. There has been no admissible evidence that
there was opposition from the --
Go ahead.
BY MR. SUGARMAN:
Q Mr. Tuchman, would you describe in words, not having
reference to the map, what outlines the eruv?
A Well, the eruv is made --
Q No, the outlines. What is the outline of the eruv,
in words?
A In words, it's natural boundaries, structures and
existing overhead wires.
Q Do the lechis in any way outline?
A Yes. They don't play any role in the outlining of
the eruv. They are used for religious purposes.
MR. SUGARMAN: I think you've answered the
question.
Q What delineates the eruv?
A The eruv is delineated by a map that shows what the
eruv encompasses.
Q And what is that, in words?
A As I said, there will be actual boundaries, in this
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OWEN WICKER, RPR
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case natural boundaries, existing structures and existing
overhead wires.
Q And do the lechis delineate the eruv?
A No. As I said before, they don't.
Q In your testimony last week, I asked you a question
and you gave an answer, and I want to ask you whether that
answer was appropriately and correctly recorded in the
record.
MR. SUGARMAN: Your Honor, I'm just trying to
make the record accurate in terms of what this witness
said with respect to one question, and that will be my
last question.
MR. SOKOLOFF: My position is the court reporter
is the one who decides what the witness said.
Go ahead.
BY MR. SUGARMAN:
Q Mr. Tuchman, the question I asked you was: And did
this modification that you've just described necessitate
the designation of new poles on which to put the lechis?
And your answer was: Answer: Not a change in
number but a change in the actual poles we would be using,
because it is the same, north-south -- there are some
lechis required on some of the poles but actually not the
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Tuchman - Cross/Sokoloff
OWEN WICKER, RPR
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same, north-south. So it will be the same poles you will
be attaching lechis to.
Is that correct?
A No, that is impossible if you are moving lines.
Q "So it will be the same poles that you will be
attaching lechis to" is incorrect?
A The north-south -- if you moved it to north-south,
they would have to use different poles on the north-south
because you are not in the same place. So to the extent
you move the north-south boundary, you have to use
different north-south poles. You can't use the same poles
you used earlier.
MR. SUGARMAN: I have no further questions.
THE COURT: Go ahead, Counsel.
CROSS-EXAMINATION
BY MR. SOKOLOFF
Q To your right is Exhibit 1. Is that a map that
delineates the eruv that the EEEA is now seeking?
A Yes. That is an eruv that the EEEA is seeking.
Q That is not the eruv that the EEEA was seeking when
it filed this lawsuit; is that correct?
A That is correct.
Q Can you tell us, please, when it was that the eruv
that your organization was seeking changed?
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OWEN WICKER, RPR
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A As I said, I think, on my direct testimony about --
well, now it would be four weeks or so ago as opposed to
three or four weeks ago.
MR. SOKOLOFF: Your Honor, may I approach the
map?
THE COURT: Sure. You don't have to ask.
BY MR. SOKOLOFF:
Q This area -- and I admit to being color-blind, but
this area is green or yellow?
THE COURT: Yellow.
MR. SOKOLOFF: Thank you.
BY MR. SOKOLOFF:
Q That yellow area on the map constitutes the boundary
of my client, the Village of Westhampton Beach; is that
correct?
A Yes.
Q And is it also correct that in Westhampton Beach, the
southern boundary of the eruv is the Atlantic Ocean?
A It's the structures that are in that area. There are
structures in that area. You can't use the Atlantic
Ocean, but there are structures on the south side of Dune
Road that would be used for the eruv.
Q So the south boundary of the eruv in the Village of
Westhampton Beach is not Dune Road, correct?
A It is on Dune Road. There are structures on Dune
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OWEN WICKER, RPR
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Road that would be part of the eruv.
Q Is this boundary that you submitted as Exhibit 1 --
and you told Judge Wexler about it. Is that an accurate
depiction of the eruv as proposed?
A At present?
Q At present.
A Yes.
Q And the boundary, the southern boundary, is some
distance south of Dune Road, as depicted on that map,
correct?
A No. That is Dune Road. That piece that you are
looking at, that yellow piece, that is Dune Road. There
is only one road, and there are two sides to the road.
Q Can you please point out for Judge Wexler where Dune
Road is on that map?
A Yes.
THE COURT: Do you want a marker?
THE WITNESS: Well, your Honor, this is Dune
Road. You see it says "Dune Road."
Now, the actual asphalt of Dune Road is here,
and all the houses here will be called 75 Dune Road,
38 Dune Road.
So because there is only one asphalt piece
and -- then this entire area is Dune Road (indicating).
BY MR. SOKOLOFF:
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OWEN WICKER, RPR
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Q This eruv map that you say is accurate depicts no
lechis on Dune Road; is that correct?
A I don't think that this map depicts lechis anywhere.
There are lechis that are used on Dune Road in the list,
but the map does not depict use of lechis.
As I told you, most of it is done by natural
boundaries or existing structures or even existing wires.
Q Do the lechis, as proposed or as described by you
now, do the lechis fall on the red outline, somewhere
along the red outline (indicating)?
A It is possible that two of them fall on the red
outline, but I'm not certain about that. I'm not certain
about that.
Q Didn't you say that it was -- the water was the
boundary line?
A I said that there are structures that are on the
south side of Dune Road that form the eruv.
I also said that the water cannot -- is not the
boundary of the eruv. You can't carry on the water.
Q Did you physically look at where the eruv would be
before you told Judge Wexler that this was an accurate
depiction of where it would be?
A Yes.
Q Can you tell us, please, what the structures are that
comprise the southern boundary of the eruv in my client,
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OWEN WICKER, RPR
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the Village of Westhampton Beach?
MR. SUGARMAN: Your Honor, I object to this
because what it is going to is what makes the eruv proper
under Jewish law.
Go ahead.
THE WITNESS: I'm going to answer.
THE COURT: Yes.
THE WITNESS: Yes, there are houses and there
are fences that run on the south side of Dune Road and
Halakhah. Pursuant to Jewish law, there are circumstances
where houses so close to each other and with fences that
are there for the front yards can form part of the eruv.
BY MR. SOKOLOFF:
Q Does the EEEA intend, if there is to be an eruv,
intend to put any markers or delineations on those
structures that are already there on the southern boundary
of the eruv in the Village of Westhampton Beach?
A Absolutely not.
Q So am I correct that on the southern boundary, only
the southern boundary in Westhampton Beach, there is to be
nothing that the EEEA will put on anything? Correct?
Only the southern boundary?
A As I recall, that's correct.
Q Now, at the bottom left of the eruv map near the
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OWEN WICKER, RPR
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number 89 on Dune Road, the eruv takes a northerly turn;
am I correct?
A Yes.
Q There are no -- withdrawn.
Can you tell us, please, what structures, if
any, denote the northerly turn of the eruv in the bottom
left corner?
A The bottom left corner. You mean in the left of the
peninsula, because when you say "bottom left corner," you
are talking to a different place than what you are
pointing at.
Q Do you see where I'm pointing?
A I see that.
Q And there is a red line that takes a northerly turn.
A Right.
Q What structures, if any, denote the northerly track
of the eruv at that point?
A What you would be using for the eruv are moorings
that are built in for ships to park, if you will, or dock,
and those moorings are high enough in that area on the
left part of the peninsula to be usable as a Halakhah eruv
pursuant to Jewish law.
Q Am I correct that the EEEA does not seek to affix
anything to those moorings?
A That is correct. Right.
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Q Then the line heading north crosses a body of water;
is that correct? Is that correct?
A Yes, that is correct.
Q Is that Moriches Bay that it crosses?
A Perhaps. I mean, I have no reason to question the
maps.
Q The northerly direction of the eruv at this point is
parallel to a Jessup Lane that falls to the east?
A Yes.
Q It's not Jessup Lane; it's some imaginary line to the
west of Jessup Lane?
A No, it's Jessup Lane. To cross over from the
mainland to Dune Road, you have to use a bridge. You
can't use the water.
Q Do you see if this is Jessup Lane?
A Yes.
Q There is no eruv on Jessup Lane?
A What you are saying, there is no red line on Jessup
Lane. But Jessup Lane would be the cross point.
Q Then are you saying this map is inaccurate?
A What I'm saying is that the perimeter of the eruv is
correct. If you ask me if somebody was walking in the
water and trying to carry an object, they would not be
able to carry it in the water. But the perimeter is
correct. That's where the eruv would be around.
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OWEN WICKER, RPR
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Q And there are no lechis at that point, correct?
A Where the moorings are?
Q Correct.
A Yes, that's right.
Q And then after we cross Moriches Bay, the red line
hugs a shoreline; is that correct?
A Yes.
Q Roughly at some point parallel to a street called
Reynolds Drive; is that correct?
It's labeled "Reynolds Drive."
THE WITNESS: (Perusing.)
Q Is that labeled "Reynolds Drive"?
A Yes, there's a street Reynolds Drive. And the red
line is curving left, and Reynolds Drive curves left.
Q What are, if any, the structures that outline the
eruv along that shoreline?
A As best I can recall, those are moorings. Mooring.
Q Does your organization intend to place any structures
along those moorings?
A No.
Q How long have you been president of the synagogue?
A Since early 2008.
Q There was never -- withdrawn.
The Village of Westhampton never officially took
any action at all -- withdrawn.
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The synagogue, you testified earlier, had some
kind of submission to the village seeking an eruv; is that
correct?
A That's correct.
Q Can you show us where on Exhibit 1 that eruv was
proposed to be located, if it was even in outline form?
A It was actually on the village's web site for a long
period of time, and it was -- a one-mile-square outline of
an eruv, as I said, was on the website, much smaller than
this eruv.
Q Can you please walk over to that map and, with words,
outline where that eruv is supposed to be? Give us the
streets or other features and points so Judge Wexler and
everybody else can see where that eruv was supposed to be.
A I'm unable to tell you with words the streets that
were on the original application, but if you look at the
application, it says what streets there were, particular
street.
Q And you haven't seen that document this morning, have
you?
A No, I haven't seen that document.
Q Your lawyer didn't put that into evidence, did he?
A I have no idea. I didn't see anything come in,
certainly, this morning.
Q And is it your testimony that whatever was submitted
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OWEN WICKER, RPR
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to the village at that point had a map?
A What was submitted to the village was an application
for a proclamation. I don't believe it had a map.
However, on the village's web site, there was a map that
outlined the eruv.
Q My question is, did the synagogue prepare a map of
what you say was an earlier version of the eruv? Yes or
no.
A I don't remember.
Q And you say that the village -- withdrawn.
You say that the synagogue asked the village for
a, quote, proclamation, closed quote?
A Yes, that's correct.
Q The synagogue had a lawyer at that time, correct?
A Yes.
Q And by the way, when do you say this application for
a proclamation was submitted?
A My memory is in February or March of 2008.
Q So that is more than three years ago?
A That is correct.
Q And who was on the village board at that time?
A As I recall, Mayor Teller, Toni-Jo Birk, Hank Tucker,
Joan Levan, and I don't remember Mr. Comecler's [phonetic]
first name, but a man whose last name was Mr. Comecler.
Q And the board, in 2008, no longer exists as that
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OWEN WICKER, RPR
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board, correct?
A I don't understand the question.
Q There have been changes to the village board since
2008, correct?
A Yes, to the membership of the village trustees, yes.
Q What changes have there been to the compensation of
the board from 2008 to this minute?
A I'm aware that Joan Levan is no longer on the board.
Mr. Comecler is no longer on the board, and there was just
an election last week where Mr. Tucker was reelected and
another person named Ms. De Benedetto was elected.
So you have Mayor Teller, Ms. Birk, Mr. Tucker,
Ms. De Benedetto, and I'm not remembering the fifth name.
Q You've seen the EEEA complaint in this lawsuit,
correct?
A Yes.
Q And you reviewed it before it was filed to make sure
it was accurate, correct?
A As best as I could, yes.
Q And annexed to the complaint as an exhibit to the
complaint were several documents, correct?
A I imagine. Yes.
Q By the way, are you a lawyer?
A Yes.
Q One of the letters that was submitted as an exhibit
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OWEN WICKER, RPR
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to the complaint was a letter from Robert Sugarman to the
village board, correct?
A Yes.
Q And that letter is dated -- it's Exhibit K to the
complaint. That is a letter from Mr. Sugarman to the
mayor and trustees of the Village of Westhampton Beach,
dated October 19th, 2008, correct?
A That's possible.
Q On page 3 of that letter -- I want you to listen
closely -- Mr. Sugarman writes the following, and then I'm
going to read it, and then I'm going to ask you questions
about it.
Quote: There are two requirements --
THE COURT: Wait a second. Wait until they get
their papers.
Tell me when you are ready.
MR. SUGARMAN: We're ready, your Honor. Thank
you.
THE COURT: All right.
BY MR. SOKOLOFF:
Q There are two requirements under Jewish law in order
for an eruv to be valid. First: There must be a
proclamation delineating and, quote, renting the area for
the use of an eruv from a public official whose
jurisdiction includes the area in which the eruv is to be
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OWEN WICKER, RPR
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constructed. The public official could be, among others,
the mayor of the municipality in which the eruv is to be
located, the county executive of the county in which the
municipality is located, or the governor of the state.
Second: The physical construction of the eruv
must comply with the requirements of Jewish law. If
either of these requirements is not met, the eruv would
not be valid.
Now, let me stop right there and focus for a
minute on the first of what Mr. Sugarman says is a
requirement for a valid eruv.
Does the Eruv Association, the EEEA, have a
proclamation delineating and renting the area for use as
an eruv from a public official whose jurisdiction includes
the area where the eruv is to be constructed?
MR. SUGARMAN: Your Honor, I would renew my
objection, and I would like to read one sentence from a
decision of the Supreme Court of the United States.
In Employment Division vs. Smith, 494 U.S. 872
at 887, quote: It is not within the judicial canon to
question the centrality of particular beliefs or practices
to a faith or the validity of particular litigant's
interpretation of those creeds, unquote.
What Mr. Sokoloff is getting into is the
necessity or lack thereof of a proclamation under Jewish
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OWEN WICKER, RPR
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law. It has nothing to do with local laws in Southampton
or in Westhampton Beach or in Quogue.
As the Supreme Court has made clear, this is not
an area within the canon of a federal court. And I
suggest to your Honor that the whole line of questioning
having to do with Jewish law has no relevance to this case
and should be blocked.
Continue.
BY MR. SOKOLOFF:
Q Okay. Can you please answer the question? If you
need it read back --
THE COURT: I think by now the lawyers should
have known that I'm allowing leeway upon both sides to
present the case, and I will make a determination. But,
obviously, neither side accepts that.
So go ahead.
A The question, in ten words or less: Is there, to an
extent, a proclamation similar to what Mr. Sugarman
stated?
BY MR. SOKOLOFF:
Q Yes.
A And the answer is no.
Q So according to what Mr. Sugarman wrote in his letter
to the village that is annexed to the complaint, the eruv
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can't be valid until that happens, correct?
A I'm not going to speak to Mr. Sugarman's opinion, but
I can assure you that if the Court grants this injunction,
the eruv will be a valid eruv, and it will be put up, as
we said earlier, and it will be totally in line with
Halakhah.
Q Is that because Judge Wexler, in your view, in your
religious view, is the appropriate public official to
grant the proclamation?
A No -- thank you.
THE COURT: Judge Wexler hates to admit, but I
never heard some of these terminologies prior to this case
nor have any knowledge concerning it.
THE WITNESS: May I make clear for the record,
when I refer to Halakhah, I'm referring to Jewish
religious law.
THE COURT: I didn't know that either. And I
never heard of eruv or lechis.
THE WITNESS: Right.
THE COURT: Since this case. That is the first
time I ever heard of those expressions.
Go ahead.
BY MR. SOKOLOFF:
Q The northerly boundary of the eruv in the Village of
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OWEN WICKER, RPR
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Westhampton Beach consists of what?
A Primarily, you are talking about the east-west when
you say "northern."
Q You're right. The northernmost east-west boundary in
Westhampton Beach.
A Yes. Primarily, it uses the Long Island Rail Road
fencing except for where the station is. Because the
station is opened. There's no fence.
Q Can you point out, please, on the map where the Long
Island Rail Road station is?
A (Indicating) It is slightly to the right -- I'm
sorry. Slightly to the right of the number 21. There's a
street called Depot Road, and that's where the station is.
Q Is the Long Island Rail Road -- sorry.
Is the Long Island Rail Road train station in
the Village of Westhampton Beach?
A As far as I know, yes.
Q And does your organization, the EEEA, intend to put
any fixtures or anything at all on the Long Island Rail
Road fence?
A No.
Q Do you intend to put anything up in the Long Island
Rail Road station?
A Not in the station, no.
Q So does that mean that you don't need permission from
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OWEN WICKER, RPR
163
the Long Island Rail Road to use the Long Island Rail Road
property as part of an imaginary eruv?
A I think you answered it. You are saying something
that is symbolic and imaginary. You are asking for
permission to use my imagination and use it. The answer
is no.
Q Do you recall testifying the last time that the
reason that the size of the lechis change from the size
that was listed in the complaint, that is, 40 inches, to
what you now say is the size of the lechi, 10 to
15 feet -- do you recall testifying about that change in
size?
A Yes.
Q And do you recall testifying that the reason in size
was because Verizon made that change?
A We required a longer lechi in order to, under Jewish
law, in order for the eruv to function because of the
state of the poles, the way these poles are.
When we approached Verizon to say we needed
longer lechis, they gave us the specifications for how we
do longer lechis on their poles, and that's the picture
that is, I believe, in evidence.
MR. SUGARMAN: Exhibit 2, your Honor.
THE WITNESS: Exhibit 2.
BY MR. SOKOLOFF:
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OWEN WICKER, RPR
164
Q So the 40-inch lechis are the ones that are mentioned
in the complaint; is that correct?
A Yes.
Q And the lechis were 40 inches when Mr. Sugarman twice
brought a piece of wood into this courtroom to show Judge
Wexler, to say, this is what the lechi looks like.
Correct?
A I wasn't here, so I don't know if he did that.
Q On what date did the required size of the lechi
change?
A I think it was about four weeks, three or four weeks
ago. I'm not certain, but something like that.
Q And did you not testify the first time around that
the size of the lechi changed because Verizon said it had
to be bigger?
A No, I don't believe I said that. I said that the
specifications for this larger lechi is pursuant to
Verizon. In other words, they didn't want wood; they
wanted a PVC, plastic, instead of the wood.
Q What caused the required size of the lechi to change
four weeks ago?
A Okay --
MR. SUGARMAN: Same objection, your Honor.
THE COURT: I'll allow it.
A There's a Halakhic concept known -- and I'll just
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OWEN WICKER, RPR
165
first say it in Hebrew, and it is called Gud Asik.
THE COURT: You have to translate it for me.
Go ahead.
THE WITNESS: And it means we can draw an
imaginary line up when there's a structure -- let's say
40 inches. We can draw an imaginary line up to imagine
that it connects to a wire. However, that has to be
straight.
So if the pole is leaning, or if the pole is a
wood pole and it warped and over time it changed, we're
not sure it will line up. Therefore, we have to have a
longer pole so it is closer to a connect point to make an
imaginary T.
BY MR. SOKOLOFF:
Q The synagogue itself decided to -- withdrawn.
In 2008, the synagogue notified the village that
it was withdrawing any application that it had submitted,
correct?
A Yes, it withdrew the application for proclamation.
Q And the synagogue notified the village that it was
withdrawing its application before the village took any
vote or did anything on that application; is that correct?
A Well, there was a vote. The mayor asked for the
matter -- it's not clear what exactly he asked.
We thought they were asking for it to be
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OWEN WICKER, RPR
166
approved, and it was voted down three to two.
The mayor then said he was only asking to put it
on the agenda, and it was voted down three to two.
I don't know. But that's what happened.
Q So you cannot sit here and tell Judge Wexler the
village rejected the -- the village denied an application;
is that correct?
A The village voted three to two to not either, as we
understood it at that time, approve the eruv or, as was
later stated, to put it on the agenda. That's what
happened the last time.
Q The village voted to not put the matter on an
agenda --
THE COURT: Sustained. He answered twice.
BY MR. SOKOLOFF:
Q Have you ever reviewed the village board minutes of
what happened?
A I have.
Q And the village board minutes show that the matter
was put over for a public information meeting on the
issue, correct?
A That was done before this vote.
The public information meeting was scheduled by
the village before this vote took place.
Q You never saw a resolution, a written resolution, of
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Tuchman - Cross/Liccione
OWEN WICKER, RPR
167
the village denying an eruv, did you?
A I just described to you what we saw.
Q I'm asking you a different question.
A Okay.
Q Can you answer it?
A A resolution from the village denying the eruv?
Q Yes.
A I did not see such a resolution.
Q And the application simply sought a proclamation,
correct?
MR. SUGARMAN: Objection.
I'm sorry, sustained. He's answered that three
times.
MR. SOKOLOFF: Just one minute, your Honor?
THE COURT: Yes.
MR. SOKOLOFF: No further questions.
THE COURT: You are representing the town; is
that correct? You are representing the town.
CROSS-EXAMINATION
BY MS. LICCIONE:
Q Good morning, Mr. Tuchman.
A Good morning, ma'am.
Q I just have a quick few questions from the cross of
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OWEN WICKER, RPR
168
Mr. Sokoloff.
I think you testified part of the southwestern
delineation of the eruv would be moorings; is that
correct?
THE COURT: I wish we would not go over the same
questions that were asked.
Q That is correct, isn't it?
I just made a statement, and you are doing the
same thing over again.
Q Do you know if those moorings are publicly or
privately owned?
A I believe they are privately owned.
Q Do you have the permission of the owner?
A We're not doing anything. We're not touching the
property. We don't use their property. It's a religious
law symbolism that we're using. Nothing happened to their
property.
Q A mooring isn't permanent, is it?
A I imagine that nothing is permanent, but it is
sufficient for the purpose of making an eruv.
Q A mooring can be moved, can it?
A Absolutely.
MS. LICCIONE: Thank you.
Q Mr. Tuchman, you testified that you are an attorney?
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OWEN WICKER, RPR
169
A Yes.
Q And you've been practicing for approximately
35 years?
A Yes.
Q Now, have either the synagogue or the East End Eruv
Association ever made an application to the Town of
Southampton to establish an eruv?
A No.
Q Now, have you, as either president of the synagogue
or as a member of EEEA, ever communicated with any of the
town board members with respect to the eruv?
A No.
Q Who are the Southampton town board members?
A I'm sorry, I would not do justice in trying to recall
their names, so I don't want to do that. I don't want to
mispronounce anybody's name.
Q Can you point out any of them in the courtroom?
A No.
Q Now, as an attorney, I think you testified that you
reviewed the complaint before it was served; is that
correct?
BY MS. LICCIONE:
Q You are aware that you are suing the town board
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OWEN WICKER, RPR
170
members individually; is that correct?
A Yes, ma'am.
Q Has anyone from the East End Eruv Association ever
communicated with any of them, to your knowledge?
A Yes.
Q And who and when would that be?
A I know that Clint Greenbaum communicated with the
town supervisor, and I had a written response.
I know that Alan or Carol Schechter, another
plaintiff, also communicated with the town supervisor and
got a written response.
Q So no one ever communicated with any other town board
member, to your knowledge?
A To my knowledge, as I said, I don't know.
Q You are aware the other four town board members are
being sued in their individual capacities, aren't you,
sir?
A Yes, ma'am.
Q When you sue someone in their individual capacity,
that means they can be liable for any amount awarded;
isn't that correct, sir?
MS. LICCIONE: May I ask the basis for your
objection?
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OWEN WICKER, RPR
171
Go ahead, Counsel.
The fact is, the Court has some knowledge. It's
a nonjury; it's not a jury.
Do we need that question to advise the Court who
is held if they are suing individually? Do you think the
Court doesn't know?
MS. LICCIONE: Thank you, your Honor.
THE COURT: You're welcome.
BY MS. LICCIONE:
Q Suing somebody in their individual capacity, you know
the impact would be of a credit application?
THE COURT: Sustained. Move on.
BY MS. LICCIONE:
Q Mr. Tuchman, did you ever review the provisions of
the Southampton town code before ever initiating this
lawsuit?
A Yes. Not personally, but we did ask counsel for that
information and --
Q Thank you.
Did you ever review it personally with respect
to variances from the sign ordinance?
A With respect to variances?
Q From the sign ordinances.
A I don't think so. Not with respect to variances.
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OWEN WICKER, RPR
172
Q Now, this complaint that you reviewed, do you recall
that in paragraph 78 there was a reference to a Santa and
reindeer hung from the poles of the Town of Southampton?
A Yes.
Q But in fact, that was in the Village of Southampton;
isn't that correct, sir?
A I don't know.
Q And the Town of Southampton wouldn't have any
regulatory authority over signs in the Village of
Southampton, would it, sir?
THE COURT: If he knows.
A I don't know, your Honor.
BY MS. LICCIONE:
Q Now, I believe you testified when we were here the
last time that you've had some rabbinical training.
A Yes, that's correct.
Q And isn't it also your testimony that a certain
number of lechis are essential to the establishment of the
eruv you are proposing?
A That's correct.
Q Now, your counsel here and who submitted the
complaint is Mr. Sugarman, obviously?
A That's correct.
Q And Mr. Sugarman presumably was selected for his
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OWEN WICKER, RPR
173
knowledge in this area?
BY MS. LICCIONE:
Q Did Mr. Sugarman litigate the seminal case in this
area, the Tenafly case?
A I think that is correct.
Q And his expertise in this area is also derived from
the fact that he's either the president --
Q Is Mr. Sugarman either the president or the past
president of the Anti-Defamation League?
I hope you got the message by now.
MS. LICCIONE: Yes, I have, your Honor, loud and
clear. Thank you.
BY MS. LICCIONE:
Q Paragraph 34 of the complaint that you reviewed, it
defines an eruv as an unbroken demarcation; does it not?
A If that's what the complaint says, then that's what
it says.
Q And you agree with that definition; is that correct?
A Yes.
Q And when you reviewed the complaint, you saw that
language, correct?
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OWEN WICKER, RPR
174
A Yes.
Q Okay.
Now, that demarcation is created by wires, and
the lechis attached to poles. Isn't that right, sir?
A Well, the eruv is, as I said earlier -- I'm using
your term of demarcation -- is demarked, if you will --
MS. LICCIONE: Your Honor, if we can strike that
from the record. It's not my term; it's the term in the
complaint.
THE COURT: Go ahead.
A It's established by using, as I said earlier, natural
boundaries, existing structures and existing overhead
wires.
BY MS. LICCIONE:
Q Is it a fact that you can't have an eruv in this
particular instance without a certain number of lechis?
Is that correct, sir?
A That's correct.
Q Now, I believe that you testified a few minutes ago
with respect to a letter submitted by Mr. Sugarman to the
Village of Westhampton Beach that is attached to the
complaint that you reviewed.
A Yes.
Q At the time Mr. Sugarman submitted his letter, you
were president of the synagogue; is that correct, sir?
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OWEN WICKER, RPR
175
A Yes.
Q And in the first full paragraph on the second page,
Mr. Sugarman referred to --
MR. SUGARMAN: Objection, your Honor.
MS. LICCIONE: Can I finish the question?
THE COURT: Yes.
BY MS. LICCIONE:
Q He referred to the eruv as an unbroken delineation;
did he not, sir?
A It's possible. If you have the letter in front of
you. It's possible.
Q (Handing.)
Let's see if that refreshes your recollection.
THE COURT: Is that in evidence?
MS. LICCIONE: Yes. And I left with the court
reporter a binder of the Southampton exhibit, and I
believe that is Exhibit H.
THE COURT: In evidence.
That, you say, is?
MS. LICCIONE: I'm sorry. Exhibit I, your
Honor, and it's part of the complaint. And Mr. Sokoloff
referred to it in his examination.
THE COURT: I didn't ask you that. I asked if
it was in evidence.
MR. SUGARMAN: I don't believe it is yet in
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Owen M. Wicker, RPR
176
evidence, your Honor.
BY MS. LICCIONE:
Q I show you what has been marked as Exhibit I for
identification. Are you familiar with that letter?
A Yes.
Q And you were president of the synagogue before, and
so that you reviewed it before it went out; is that
correct?
A I did see this letter. I don't remember if I
reviewed it before it went out, but I did see the letter.
Q And it's from your counsel, Mr. Sugarman?
A Yes, ma'am.
THE COURT: Why don't you move it in evidence.
MS. LICCIONE: I'd like to move it in evidence.
THE COURT: Any objection?
MR. SUGARMAN: No.
(Whereupon, Defendant's Exhibit I was received
in evidence.)
BY MS. LICCIONE:
Q In the first paragraph on the second page, it refers
to an eruv as an unbroken delineation; is that correct,
sir?
A Yes, ma'am.
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Owen M. Wicker, RPR
177
Q Thank you, sir.
You are also familiar with the fact that in the
Tenafly case the Court referred to an eruv as an unbroken
demarcation; are you not, sir?
BY MS. LICCIONE:
Q Mr. Tuchman, did you renew the memorandum of law in
support of a preliminary injunction in this case?
A Yes.
Q That memorandum of law also referred to an eruv as an
unbroken demarcation; did it not?
A I don't know. I'm sorry, I don't recall if it said
that.
MR. SUGARMAN: Your Honor, I'll stipulate that
that's what it says.
MS. LICCIONE: Thank you, Mr. Sugarman.
BY MS. LICCIONE:
Q Now, Mr. Tuchman, do you recall having submitted a
declaration in support of the preliminary injunction?
A Yes.
Q And in that declaration, isn't it true you stated
that Jewish law has developed a concept called an eruv,
which, through the erection of symbolic markers, creates a
literal and symbolic boundary?
A Yes.
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Owen M. Wicker, RPR
178
Q Isn't it a fact, then, that the lechis are part of
the symbolic marking?
A No, the lechis are just attached for religious
purposes. They don't delineate anything. The wiring is
there already. The wires are there. It's just what you
are attaching to a pole for a particularly Jewish legal
reason.
Q It's like you testified that the lechi are an
essential element of the eruv; are you not?
A Yes.
Q Now, this symbolic boundary, sir, with the symbolic
boundary in place, certain observant orthodox Jewish
believers may carry and push; is that correct, sir?
Q So with that in place, there is certain knowledge
that an observant believer has, is that correct, sir, that
it is safe or permitted to carry and push?
A If there is an eruv, that is correct.
Q If an orthodox believer is told that an eruv exists,
he or she knows that they can conduct certain activities
within that eruv; is that correct?
A Yes.
Q So that eruv then becomes a symbol to those orthodox
believers; does it not, sir?
A I don't know what that means.
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Owen M. Wicker, RPR
179
Q Well, it sends a message that they can conduct
certain activities in that area. Isn't that your
testimony?
A I don't know if it sends a message. They would know
that they can now carry and push in that area.
Q Now, I think you recall a few days ago you were
questioned by Jeltje DeJong, who was representing The
Village of Quogue.
A Yes.
Q I think she asked you whether or not you knew that
Estelle Rubinor is opposed to the eruv, and you testified
that you knew that; is that correct?
A Yes.
Q Now, Ms. Rubinor is a patron of the synagogue; is she
not, sir?
A She made a donation to the synagogue some 20 years
ago, and so in the sense that if you are asking if she is
a patron in that sense, the answer is yes.
Q Are you familiar with the Hampton synagogue, the
summer of 2011 brochure?
A Yes.
Q Because you are the president of the synagogue, as we
established?
A Yes.
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Q I'd like you to take a look at what has been
identified as Plaintiff's Exhibit O.
MS. LICCIONE: It's the very last one in your
Honor's binder. It doesn't have a side tab.
(Handing.)
BY MS. LICCIONE:
Q Sir, if you take a look at the second page in the
middle column, the third column, a little above the
middle, where Ms. Rubinor is indeed listed as a patron in
the 2011 brochure.
A Yes.
MS. LICCIONE: Excuse me, your Honor. I'd like
to move Southampton O into evidence.
MR. SUGARMAN: No objection.
(Whereupon, Defendant's Exhibit O was received
in evidence.)
BY MS. LICCIONE:
Q And she's listed in the third column -- I'm sorry,
the fourth column -- a little bit above the middle, a
founder of the synagogue; is that correct?
To move things along, I'll just show you my
copy, if you don't mind.
MS. LICCIONE: Thank you, sir.
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Q By the way, Mr. Tuchman, there is no mention of the
eruv anywhere in the 2011 synagogue brochure, is there?
A No.
Q Now, in 2008, the submission, if you will, to the
Village of Westhampton Beach for a proclamation was made
by the synagogue, correct?
A That's correct.
Q And now the effort for the eruv has been adopted by a
separate entity, the EEEA; is that correct, sir?
A That's correct.
Q Isn't that because there are members of the synagogue
who are opposed to the synagogue, sir?
A Not at all. Not at all.
Q How do you get to the synagogue on the Sabbath?
A Personally, you are asking me?
Q Yes, personally.
A Well, on Friday night I drive to the synagogue. I
leave the car in the synagogue's parking lot. The key is
on the rear left tire and -- (laughter) and I put my
driver's license inside.
Q It's a very simple question: Do you walk to the
synagogue on Saturday morning?
A When I return on Friday night, I walk back, and when
I come Saturday morning, I walk to the synagogue. When I
come home, I walk back to the synagogue. And I do that in
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the afternoon as well, and then I drive the car home on
Saturday night.
Q So you don't have any disabilities that prevent you
from walking, obviously?
A No, I don't have any disabilities that prevent me
from walking.
Q Now, with respect to your prayer shawl that you
discussed in our last session, isn't it a common practice,
sir, for those who do not carry on Sabbath to leave their
prayer shawl at the premises?
A If you don't have an eruv, you have to leave the
prayer shawl at the premises. That's the law.
Q Do you recall Mr. Lean testifying and indicated that
he requested a dispensation from the Rabbi to drive to the
synagogue because of his disability?
MR. SUGARMAN: Objection. Mischaracterizing the
testimony. Significant.
THE COURT: What is that?
MR. SUGARMAN: She mischaracterized that
testimony, your Honor.
BY MS. LICCIONE:
Q Do you recall Mr. Lean saying he spoke to some rabbis
who permitted him to drive to the synagogue because of his
disability?
THE COURT: He can answer if he knows.
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A I was not in the courtroom after he testified at that
first hearing. I was not in the courtroom.
Q Is your home in Flushing within an eruv, sir?
A Absolutely.
Q Do you also have a residence in Manhattan?
THE COURT: I'm sorry, I can't hear you.
Q Do you also have a residence in Manhattan?
A I did. I did. For certain periods, I did.
Q You reside in the Village of Westhampton Beach,
primarily, in the summer?
A Well, primarily I'm there from April to October, and
many weekends in the winter as well.
Q And in the summer, is that primarily on weekends?
A No. My wife, for instance, is always there. I go
into the office sometimes, but most of the time is spent
in Westhampton Beach.
Q And your office is in Manhattan?
A Yes.
Q And your home in Flushing, you pay real estate taxes
on that home?
A There are taxes that I pay on that home.
Q And you pay New York City income tax as a New York
City resident; is that correct, sir?
A I do. I do.
MS. LICCIONE: That's all I have for now.
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Owen M. Wicker, RPR
184
THE COURT: Before redirect, why don't we take a
break.
MR. SUGARMAN: I have one question, your Honor,
if that will help.
REDIRECT EXAMINATION
BY MR. SUGARMAN:
Q Mr. Tuchman, on Mr. Sokoloff's examination, you
testified whether the lechis were or were not on Dune
Road, and I just want to clarify that because I think
there might be a misunderstanding.
To do that, let me show you what has been --
what is in evidence as Plaintiff's Exhibit 3, which is the
attachment agreement with Verizon, and in particular,
Exhibit A (handing).
A Yes, I'm familiar with that.
Q Let me ask you a question.
Does the attachment to Exhibit 3 indicate
whether or not there are poles on Dune Road on which
lechis will be attached?
A Yes.
Q And what does it say?
A There are three poles that will be -- that will have
lechis attached to them on Dune Road, but the question was
the southern border --
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Owen M. Wicker, RPR
185
Q Mr. Tuchman, you've answered the question. Thank you
very much.
MR. SUGARMAN: No further questions.
MR. SOKOLOFF: I now have recross. I don't know
if you want to take a break.
THE COURT: I'll take it now.
MR. SOKOLOFF: You say we'll take a break now?
THE COURT: No. It's only limited to what he
said.
RECROSS-EXAMINATION
BY MR. SOKOLOFF:
Q Do you have Exhibit A in front of you?
A Yes.
Q And what is Exhibit A?
A The agreement with Verizon.
Is that what you are talking about?
Q I'm sorry, let's be more specific.
You have in front of you Plaintiff's Exhibit 3,
the pole attachment agreement?
A Yes.
Q And Exhibit A of Exhibit 3 is what I'm talking about.
A Correct.
Q What is that?
A That's a listing of the poles that we would be using
to put lechis -- the poles that we would be putting lechis
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onto.
Q Who created that list?
A We obtained that from our rabbinic resources.
Q I'm sorry?
A From our rabbinic resources. He told us what poles
have to have lechis.
Q Did he give you a written list?
BY MR. SOKOLOFF:
Q When did he give you this list?
BY MR. SOKOLOFF:
Q Can you go over to the map, please, and point out on
the map where these Dune Road poles are? You said there
are three of them?
A There are three on Dune Road.
Q Can you show us where the three on Dune Road are?
A There is likely going to be one here toward the end
of the red line (indicating), and there's two that are
listed at -- slightly to the left of the 8019, where the
red line goes north-south.
THE WITNESS: I'm sorry, did I block your Honor?
THE COURT: No, it's okay.
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Owen M. Wicker, RPR
187
A It's here and here (indicating).
BY MR. SOKOLOFF:
Q What is the extension of the southerly boundary line
past the north-south --
THE COURT: Sustained. It's not proper recross.
Next question.
For the students, it's very limited to what the
last redirect was. There was only one question, and I'll
limit it to that.
BY MR. SOKOLOFF:
Q This Exhibit A that Mr. Sugarman asked you about on
redirect has a listing of other poles in Westhampton
Beach; is that correct?
MR. SOKOLOFF: I'm unclear why, your Honor.
I know you are frustrated, but sustained.
MR. SOKOLOFF: It's on the document that he
brought up on redirect. That's all I'm asking about:
this document.
THE COURT: Next question.
BY MR. SOKOLOFF:
Q Does Exhibit A of Exhibit 3 list other poles in
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Owen M. Wicker, RPR
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Westhampton Beach besides Dune Road?
MR. SOKOLOFF: Your Honor, I have more questions
of what was brought up on redirect. If the Court will not
allow me to ask them, I have no further questions.
THE COURT: You may step down.
THE WITNESS: Thank you, your Honor.
THE COURT: We'll take our break. Ten or
fifteen minutes.
Will the students come back?
(Whereupon, an unrelated matter was taken by the
Court.)
(Continued on the following page.)
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Balcerski-Direct/Sugarman
HARRY RAPAPORT, CERTIFIED REALTIME REPORTER
189
THE COURT: Call your next witness.
MR. BUCHWEITZ: Your Honor, Mr. Sugarman will be
right back. And we will be calling Mr. Balcerski.
W I L L I A M B A L C E R S K I,
called as a witness, having been previously
duly sworn, was examined and testified as
follows:
THE COURT: Please restate your name.
THE WITNESS: William Balcerski,
B-A-L-C-E-R-S-K-I.
MR. SUGARMAN: Your Honor, this is a
continuation of the direct, and he will be crossed by both
Southampton and Westhampton Beach, and that will finish
his testimony.
DIRECT EXAMINATION (cont'd)
BY MR. SUGARMAN:
Q Mr. Balcerski, I put before you
Plaintiffs' Exhibit 10, which is in evidence. And I ask
you if you can identify that.
A Yes.
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It is a letter that I received from the
Incorporated Village of Westhampton Beach, dated May 18th,
2009.
MS. LICCIONE: I believe these exhibits were not
exchanged.
MR. SUGARMAN: They were sent. And it was after
the hearing the last time, and I will give you another
copy.
THE COURT: What exhibit are you referring to?
MR. SOKOLOFF: 10, your Honor.
I will offer it in evidence since Mr. Balcerski
just identified it.
(Whereupon, Plaintiffs' Exhibit 10 was received
in evidence.)
Q Mr. Balcerski, when you received this letter, did you
draw any conclusions from it regarding the position of
Westhampton Beach on the question of the eruv?
The operation of this witness' mind is not
relevant on this particular question that is being asked.
MS. LICCIONE: If I may also state an objection,
your Honor.
I believe two of the signatories on this letter
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191
are no longer board members.
MR. SUGARMAN: That is cross-examination, your
Honor. This man received it.
THE COURT: Wait a moment.
Let me read it.
MR. SUGARMAN: I'm sorry.
(Whereupon, at this time there was a pause in
the proceedings.)
THE COURT: I will allow it.
Go ahead.
A Yes. The impression I had from reading this letter
is that The Village of Westhampton Beach needed to approve
the application for an eruv by the Eruv Association.
Q Did there come a time that you communicated with any
official from the town of Southampton?
A Yes, I did.
Q And would you describe that communication.
A I sent a letter to the town and I also spoke to the
attorneys for the town.
Q What was the name of the attorney for the town with
whom you spoke?
A I believe his last name was spelled S-O-R-D-I. I'm
not sure how to pronounce it.
Q And what was the substance of the conversation that
you had with Mr. Sordi?
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A Sordi, yes.
Basically Mr. Sordi told me that the Town of
Southampton had to approve any attachment of the lechis to
the utility poles, if Verizon would allow the attachments
to be made, Verizon could be subject to fines by the town.
MS. LICCIONE: Objection. Hearsay.
You are objecting first because the person was
no longer a town member or village member.
You mean every time there is a new board member,
whatever the previous board did doesn't count?
MS. LICCIONE: That was a letter with respect to
The Village of Westhampton Beach and not the Town of
Southampton.
MR. SUGARMAN: Your Honor, I moved on from that.
I'm talking about the conversation with Mr. Sordi.
That is hearsay, right?
Overruled.
Those students who have taken evidence will know
that it is not hearsay when a party speaks, or someone
authorized by the town, village or municipality speaks.
One of the major exceptions to the hearsay rule.
What was the conversation? We never heard that.
THE WITNESS: We had a telephone conversation in
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which he indicated that the Town had an ordinance that
required the approval of the town for the attachment of
the lechis to the poles, and if Verizon would allow the
lechis to be attached, the town could come after Verizon
and seek to impose fines and other penalties.
(Handed to the witness.)
Q Mr. Balcerski, I put before you what is marked as
Plaintiffs' Exhibit 27 for Identification.
Can you identify that.
A Yes.
It is a letter dated November 16th, 2010,
addressed to me that I received from the -- Michael Sordi,
the attorney for the Town of Southampton.
MR. SUGARMAN: I offer it in evidence, your
Honor.
(Whereupon, Plaintiffs' Exhibit 27 was received
in evidence.)
Q What, if any, reference is there in Mr. Sordi's
letter with respect to Verizon and the placement of lechis
on the pole?
I point your attention to the second page, the
first full paragraph.
A On the second page it does say, based upon the
definition of our sign law, and based on the
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specifications provided to us with your letter, I am
compelled to conclude that the lechis constitute a sign
within the meaning and intendment, I-N-T-E-N-D-M-E-N-T, of
our statute. Accordingly, the same are prohibited.
By the way, I would add in the next paragraph it
says that the law makes the owner of the pole legally
responsible, and provides for various penalties.
Q Now, what action, if any, did Verizon take as a
result of Plaintiffs' Exhibit 27 and other documents that
we have marked?
THE COURT: As to the last part. But I will let
him answer the first part.
A I know he sent a letter to the Town of Southampton.
But I'm not sure if it was sent subsequent to the date of
this letter.
Q Did Exhibit 27 have any impact on Verizon's position
with respect to issuing licenses to East End Eruv
Association?
What did Verizon do after that period?
THE WITNESS: Eventually Verizon decided to
bring its own lawsuit to get a ruling from the Court as to
whether or not we were permitted to allow these lechis to
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be installed since we were being threatened with legal
action by the Town.
THE COURT: Where did they bring that action?
THE WITNESS: Verizon?
THE COURT: Yes.
THE WITNESS: They filed an action in federal
court on Long Island.
THE COURT: Okay.
Q Mr. Balcerski, I put before you what is marked as
Plaintiffs' Exhibit 25.
MR. SUGARMAN: Your Honor, I will represent that
Mr. Greenbaum in his testimony will identify this picture,
when it was taken and where it was taken.
Q My question to you, subject to that testimony, is
looking at the attachments to this pole, are these
attachments typical of Verizon's attachments to poles that
it owns throughout the region?
THE COURT: I will take it subject to someone
testifying to it.
A The flag would not be an attachment that Verizon
would make to its poles, nor would the red reflector.
It appears to be a metal conduit that is
attached to the side of the pole, and metal conduits are
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often used by Verizon and electrical companies to house
cables running down the side of the pole.
THE COURT: We will take the criminal matter
now, we need about ten minutes. So we will take the
criminal matter now.
(A recess is taken while an unrelated matter is
taken up by the Court.)
MR. SUGARMAN: Your Honor, I realized during the
break I have a few more questions on the one document that
I would like to ask the witness.
Go ahead.
BY MR. SUGARMAN:
Q I have put before you Plaintiffs' Exhibit 13,
Mr. Balcerski.
There is some confusion as to whether it is in
evidence or not. And let me ask you to identify it if you
will.
A Yes. It is a letter I wrote dated October 26th,
2010.
It says in there Mayor Peter Sartorius -- sent
to Mayor Peter Sartorius of The Village of Quogue.
Q Did you forward a copy of this letter to anyone in
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197
the Town of Southampton?
A I don't recall if I did that or not. I may have, but
I'm not sure now.
Q If you look at the second paragraph, and this is
dated October 26th, 2010.
It says Verizon does not except to attaching the
lechis to Verizon poles, so long as the work is done
pursuant to an appropriate license agreement and with
appropriate protections to Verizon. Accordingly, to the
extent that Verizon's own permission is required, Verizon
intends to issue licenses to permit the association to
attach lechis to Verizon poles.
Mr. Balcerski, was that the position of Verizon
in October of 2010?
A Yes.
Q And is that the position of Verizon now, subject to
the order of the Court?
A Yes.
MR. SUGARMAN: Thank you, your Honor.
I have no further questions.
CROSS-EXAMINATION
BY MR. SOKOLOFF:
Q Mr. Balcerski, take a look at Plaintiffs' Exhibit 10.
That is the letter to you from The Village of
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Westhampton Beach; is that correct?
A Yes.
Q This letter says nothing about what the position of
The Village of Westhampton Beach is regarding a proposed
eruv; isn't that true?
A Yes.
Q And other than receiving that letter which you now
say says nothing about the Village of Westhampton Beach's
position on the eruv, you yourself never spoke directly
with any one of the village officials; is that correct?
A Yes.
Q I mean The Village of Westhampton Beach.
A Correct.
Q And you also never spoke to the Westhampton Village
attorney; is that correct?
A Correct.
Q You don't even know that person's name; is that
correct?
A Correct.
Q I want to show you what is in evidence as
Q This is the pole attachment agreement between the
East End Eruv Association and Verizon; is that correct?
A Correct.
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Q Who prepared this agreement?
A I believe it was prepared by our licensing group.
Q Did you have anything to do with preparing it?
A No.
Q Do you have any -- withdrawn.
When was this agreement executed by Verizon?
A June 13th, 2011.
Q Were you present when it was executed?
A No.
Q Paragraph 13.13 of this Verizon agreement says,
quote, licensee shall make written application utilizing
the form identified as Exhibit A.
Do you see that?
A I do.
Q Did the East End Eruv Association submit the
application to Verizon that this agreement requires?
THE COURT: What paragraph was that?
MR. SOKOLOFF: 13.13 of Plaintiffs' Exhibit 3,
your Honor.
A I don't know.
Q Does the agreement contemplate that before Verizon
takes a position on a proposed eruv, it would first have
to submit an application to Verizon?
MR. SUGARMAN: Objection, your Honor. The
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document speaks for itself.
A I think the normal procedure is an application is
filed with Verizon.
Q And is it your testimony as a Verizon witness
testifying in this hearing that as you sit here now, you
do not know whether the plaintiffs have even submitted an
application for an eruv to Verizon?
Asked and answered.
I will allow it.
A What I said before was, I believe, that I don't know
if they submitted an application in connection with this
particular agreement.
Q By the way, does Verizon make any money when somebody
puts up an eruv?
A I do not believe we charge an attachment fee for the
lechis.
Q Does Verizon take any money at all in connection with
an application to Verizon for an eruv?
A I believe we charge for the inspection of the poles
prior to allowing for the installation of the lechis.
Q Has Verizon collected any money at all in connection
with the agreement that is marked as
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Plaintiffs' Exhibit 3?
A I believe we have.
Q When?
A I'm not sure.
Q How much money?
A I think it is less than a thousand dollars.
Q Now, take a look at page 10 of this agreement.
It has the signature of Matthews George; is that
correct?
A Yes, correct.
Q And look at the next page in this agreement.
Who prepared this page?
A I don't know.
Q Is it part of the agreement?
A I'm not sure.
Q Is there any writing on it that indicates to you as
the Verizon representative that this page is part of the
agreement?
A I'm not sure whether it is part of the agreement.
Q Now, look at the next page, which is handwritten at
the bottom, page 12; is that correct?
A Yes.
Q Do you know who wrote the number, "page 12"?
A I do not know.
Q Is this document part of the agreement?
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A I'm not sure.
Q Is there any indication on this document that anybody
at Verizon signed it?
A I don't see any Verizon names on this page.
Q At the top it says Verizon New York, RCE FLR period
one, 501 North Ocean Avenue.
Do you see that?
A Yes.
Q What is that?
A I believe it is the address for the Verizon
engineering office in Patchogue.
Q Then it says walk/job project, and then number sign,
and then it is blank, right?
A Yes.
Q What does that refer to?
A I believe the internal number of the sign for any
time someone wants to attach to a pole.
Q So every new agreement gets a new walk/job number?
A I believe so.
Q And on this agreement as entered into evidence, that
number is blank; is that right?
A Correct.
Q And does that indicate to you that Verizon has not
even gotten to the point of giving this a walk/job project
number?
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A I'm not sure what it means. I know the number is not
there.
Q Then it says in accordance with the terms and
conditions of the pole attachment agreement between us,
dated as of blank, comma, 20, blank, application is hereby
made for a license to make attachments to the following
poles, which are indicated to be Verizon ownership, joint
ownership, or unmarked.
Now, let me stop right there.
Do you know why the date of pole attachment
agreement on this page is blank?
A No.
Q And where it says the following poles which are
indicated to be Verizon ownership, joint ownership, or
unmarked.
Can you explain what Verizon ownership means?
A Verizon owns the poles.
Q And where it says joint ownership, can you explain
what that means?
A Those would be poles owned by Verizon and LIPA.
Q And where it says unmarked, can you explain what that
means?
A I'm not sure what that means.
Q And according to this document, there are supposed to
be a list of poles that are either Verizon owned, jointly
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owned, or unmarked. Is that correct?
A That appears to be the case.
Q There is no list at all of poles that are delineated
as Verizon owned, joint owned, or unmarked, correct?
A Nothing on this page.
Q Nothing in the agreement anywhere; is that correct?
A I have to go through it.
Q Would you go through it, please.
A There is a list of the poles on the next page.
Q The list of the poles on the next page do not
delineate which are Verizon owned, joint owned or
unmarked; is that correct?
A Correct.
Q Now, take your time and tell us if there is a list
anywhere else in the agreement that shows that.
A I don't see that.
Q Then there is some handwriting that says, the
attached are poles owned, some by Verizon and some by
LIPA. But this contract only applies to poles owned by
Verizon.
Do you see that?
A I do.
Q Who wrote that?
A I'm not sure.
Q Do you know on the next page whether any of those
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poles are owned by Verizon?
A I don't know.
Q Do you know if any of them are owned by LIPA?
A I don't know.
Q Do you know if any of the poles listed there are
owned by private parties?
A No.
Q No, you don't know?
A I don't know.
Q Does this agreement provide that before Verizon at
least carries out the agreement, there is supposed to be a
pole walk?
A I'm not sure that the agreement requires a pole walk.
But I believe that that is part of the application
process.
Q And as far as you know, as of the date of today, when
we are in the middle of a preliminary injunction hearing,
you don't know of any pole walk for this agreement yet; is
that correct?
A Correct.
A Correct.
Q Are you familiar with a 2008 attempt by the synagogue
and The Village of Westhampton Beach to get an eruv?
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A Yes. I read some of the newspaper articles about
that.
Q Well, other than reading some newspaper articles
about it, was there an agreement signed between the
synagogue and Verizon?
A I'm not sure if there was an agreement between the
synagogue and Verizon. There was another agreement that
Verizon had entered into. But I'm not sure it was with
the synagogue.
Q Well, in or about 2008 or 2009, are you aware of any
agreement between Verizon and a group of orthodox Jews in
The Village of Westhampton Beach to have an eruv?
A I know there was an agreement, but I'm not sure of
the timeframe.
Q You don't know --
THE COURT: Wait. I didn't hear the answer.
THE WITNESS: I said, I know there was an
agreement, but I'm not positive of the timeframe.
MR. SOKOLOFF: May I approach?
THE COURT: Sure.
Q Take a look at Plaintiffs' Exhibit 4. I believe it
is in evidence.
Q That is the agreement you are talking about, correct?
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The other agreement?
A Yes, I believe that is the case.
Q That is an agreement with the East End Eruv
Association; is that correct?
A Yes.
Q And the letter you make reference to with -- that was
sent to you by The Village of Westhampton Beach in May --
May 18th, 2009, that came about a year before that
agreement, Plaintiffs' Exhibit 4; is that correct?
A Correct.
Q So Plaintiffs' Exhibit 4 is an agreement with who?
A With the East End Eruv Association.
Q May I have the loose copy of Exhibit 4, and I will
ask you to look at this one in the book so we can both
look at it.
A The agreement starts out by saying it is between
Verizon and the East End Eruv Association.
Q And what is the date of that earlier agreement with
the Eruv Association?
A August 16th, 2010.
Q And that agreement was signed by the Eruv Association
on May 10th, 2010; is that correct?
A Correct.
Q And it was then signed by Verizon on August 16th,
2010; is that correct?
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A Correct.
Q And you are not aware of any application by the East
End Eruv Association, with respect to Verizon, for the
approval of an eruv under the earlier agreement; is that
correct?
A Correct.
Q Now, after the signature page on the earlier
agreement, which is Plaintiffs' Exhibit 4, there is a page
that says Exhibit A.
Do you see that?
A I do.
Q And that lists specifications; is that correct?
A Yes.
Q And who prepared that?
A I believe that is a Verizon exhibit.
Q So when it says specifications one inch by two inch
by 40 inches long, smooth sanded wood staves painted with
wood preservative, it is your testimony that Verizon
provided the Eruv Association with the dimensions and look
of a lechi?
A I believe so.
Q Do you know where Verizon got those dimensions and
look from when it told the Eruv Association that the lechi
has to be this dimension and look like this?
A I do not know.
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Q Does the agreement now in effect,
Plaintiffs' Exhibit 3, does that have a description of the
lechis?
A I don't see it coming through the body of the
agreement.
Q Did Verizon tell anybody in the East End Eruv
Association that the size, dimensions, color, or material
of the lechis has to change?
A No.
Q Did you -- withdrawn.
Did anybody in the Eruv Association ever tell
you or anyone in Verizon to your knowledge that the
dimensions and size and material of the lechi has to
change?
A I was told -- it is my understanding that the Eruv
Association told Verizon that it wanted to install longer
lechis.
Q Was that told to you?
A No.
Q So how do you know it happened?
A I spoke to the engineer of the group who was told
that.
Q What engineer?
A Well, I had been working with a couple of engineers
at Verizon.
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Q Who was the engineer that told you that the East End
Eruv Association says that there has to be a different
size lechi?
A It was either Cathy Schwindt, S-C-H-W-I-N-D-T, or
Rich Peshkur, P-E-S-H-K-U-R.
Q And when did one of these two engineers tell you that
there has to be a different lechi than was in
A Well, what they told me was --
Q No. When?
A Would you repeat that again?
Q When did one of those two engineers tell you that
someone at the East End Eruv Association says there has to
be a different kind of lechi?
A Within the last couple of weeks.
Q After the preliminary injunction hearing already
started?
A I'm not sure when it started. Certainly before the
last court hearing.
Q How long before?
A I'm not sure exactly.
Q Was anything circulated in writing in Verizon on that
question?
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A On the question --
Q On the question of the EEEA informing Verizon that
the lechis have to be different than agreed to in
A There may have been some emails.
Q You remember getting emails about this?
A I don't recall. I received emails, and I don't
know -- I don't recall if I got one specifically on the
issue you are asking about.
Q Did you ever address anyone at the East End Eruv
Association or a representative of the East End Eruv
Association about the fact that about two weeks ago the
EEEA says there has to be a different kind of lechi? Did
you ever communicate with anybody about that?
A I have not spoken with the East End Eruv Association.
MR. SOKOLOFF: Just one moment, your Honor.
the proceedings.)
CROSS-EXAMINATION
BY MS. LICCIONE:
Q That is my binder. Thank you.
Good afternoon, Mr. Balcerski.
I would like to refer you back to the letter
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212
from Michael Sordi. And I think that is
The letter from Mr. Balcerski, from you,
Plaintiffs' Exhibit 27, do you have that there?
A It is a letter -- I'm looking at the same documents
of Exhibit 27, the letter to me.
Q To you from Mr. Sordi; is that correct?
A Yes.
Q Now, does Mr. Sordi anywhere in that letter threaten
with a lawsuit?
A There is a threat of a fine .
Q Okay.
But no threat of litigation, correct?
A Correct.
Q Okay.
Now, in the -- toward the first page, the third
paragraph, Mr. Sordi asks you to confirm, did he not,
whether or not the eruv is in the plans going into the
Town of Southampton?
A Correct.
Q No one ever responded to that question, did they?
A I don't recall.
Q You never responded to that question, did you?
A I don't think so.
Q In fact, at that point you didn't know, did you?
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A No, I did not know.
Q Now, I want to show you a copy of an email from
Marvin Tenzer to you.
I apologize to the Court, this is the only copy
I have with me.
I have marked this for identification as
Southampton P.
We did not exchange this, we didn't know it came
up. I will try to get copies during the break.
THE COURT: Show it to counsel now.
the proceedings.)
Q I would like you to read for the record the first
full paragraph on the second page, starting at the second
sentence at the very least. And that is from Mr. Tenzer
to you.
Excuse me. I withdraw that.
Before you do that. You have received this
letter?
A Yes.
Q And you received it from Mr. Tenzer via an email?
A Yes.
MS. LICCIONE: I move it in evidence.
MR. SUGARMAN: No objection.
THE COURT: What number is it?
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MS. LICCIONE: P, your Honor, it is not in your
binder, and I will try to get a copy during the break.
THE COURT: How come you don't have copies? You
were supposed to exchange them or have it available?
MS. LICCIONE: It came up as part of the direct
testimony.
THE COURT: That was last week. You had enough
time to get copies. It is the first thing you are to do.
I know, go ahead.
But in the future --
(Whereupon, Defendant Southampton Exhibit P was
received in evidence.)
Q I think you testified earlier that Verizon was
concerned that the town was going to sue; is that correct?
A Yes.
Q Did you have any concerns that the East End Eruv
Association --
A Yes.
Q Would you read for the record the second sentence on
the first full paragraph on the second page.
A At the very least, before you make any final decision
against us, we reiterate our previous request to you that
in order to protect Verizon subscribers from any damages
resulting from a court finding, that Verizon conspired
with others to violate the Civil Rights Act, Verizon
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215
demands that Westhampton Beach, Quogue and anyone else
urging Verizon to not permit the attachment of the lechis,
to do what we had done, that is, furnish you with an
opinion of counsel, as well as an indemnity and hold
harmless provision similar to the one contained in our
proposed agreement with Verizon.
Q And could you read the last sentence of the next
paragraph, starting with the word "we."
THE COURT: It is in evidence. Why don't you
read it?
MS. LICCIONE: I would like the witness to do
that, your Honor.
THE COURT: Okay.
A We therefore strongly urge that Verizon, in order to
do the right thing and avoid a litigation which will
doubtlessly result in a multimillion dollar damage award
against it, reconsider its position stated in your
attached email and allow us without the need of litigation
the use of your poles for the attachment of the lechis.
Q Mr. Balcerski, are you appearing here today without a
subpoena?
A No.
Q Were you subpoenaed by the East End Eruv Association?
A I believe so.
Q Have you seen a copy of that subpoena?
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A No.
Q Is the Debvoise firm representing Verizon in its
action against the town and the village?
A Yes.
Q And how did it come to be that the Debvoise firm came
to represent you?
Q Is Debvoise standard outside counsel for Verizon?
Q Is Verizon paying the Debvoise firm?
Counselor, how many more questions do you know
that I will sustain that you intend to ask?
Maybe I ought to allow them to ask how you got
involved in the firm, and how much you are getting paid.
MS. LICCIONE: It is a matter of public record.
THE COURT: Then I will allow it, if you proceed
it is all right, they can ask those questions.
MS. LICCIONE: If I'm not allowed to ask this
witness --
THE COURT: Okay.
Q Now, going back to Plaintiffs' Exhibit 3, do you have
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that in front of you?
A No.
Q That is the standard Verizon agreement for this type
of lechi?
A For the long lechi.
Q Correct.
You have worked with this agreement before?
A Excuse me?
Q You have worked with this agreement before?
A I have seen it. Not this particular agreement, but I
have seen the form before.
Q The form.
And is it fair to say that the provisions of
this agreement were developed over the course of years to
address the legal issues with respect to placement of this
particular type of a lechi?
A I'm not sure the agreement was developed specifically
for lechis. It was developed over a period of years. It
is an agreement for miscellaneous attachments, and I
believe it covers more than just lechis.
Q But it had been used for lechis before; is that
correct?
A Yes.
Q Okay.
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Would you to take a look at Section 9.1 of the
agreement.
That indicates that the licensee is responsible
for obtaining permission from a municipal entity; is that
correct?
A Correct.
Q And that is because the poles are a public
right-of-way; is that correct?
A It could be for any number of reasons.
Q Is that one of the reasons?
A It could be.
Q And a right-of-way is a -- is municipal property; is
that correct?
A I believe it is.
Q Isn't it a fact then that this standard agreement
that is used for an eruv contemplates the need for
government approval?
A What it contemplates is the government approval is
required then the applicant must get that approval.
Q Isn't it a fact that under New York law, there is no
such thing as a sublicense of government right-of-way
property?
Q Isn't it a fact that Verizon has no legal right to
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grant a sublicense?
MS. LICCIONE: This gentleman is counsel for 25
years --
THE COURT: I was going to allow it.
Go ahead.
MS. LICCIONE: Thank you, your Honor.
A I'm not sure what you mean by sublicense here.
If the question is, can we license the use of
our pole?
Q Well, you have a license to put that pole
right-of-way --
A We don't have a license.
Q You have a franchise?
A Correct.
Q Can you sub-franchise that pole?
A I believe so.
Q Mr. Balcerski, did you ever read the Southampton Town
Code with respect to its sign ordinance at any time with
respect to this eruv proposal?
A I looked at it in connection with this litigation,
yes.
Q Then you are familiar, are you not, that there are
variance procedures from the sign ordinance?
A Yes.
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Q And you are familiar with the fact that an applicant
can challenge the determination of the town by going to
the Zoning Board of Appeals, are you not?
A I believe that is the case.
Q Much of what I was going into next Mr. Sokoloff asked
you about, so I just have a few more questions.
Taking a look again at Plaintiffs' Exhibit 3.
If you look at the first Exhibit A to
Plaintiffs' Exhibit 3, the one that is typed where it says
application for a pole license.
A Yes.
Q That is dated June 11th, sir?
A Yes.
Q Do you recall if that was a Saturday?
A I guess it was.
Q Let's do it this way:
I would like to show you what is marked as
Southampton Exhibit F.
Q Do you recognize Southampton Exhibit F?
A Yes.
Q And that was an email that you were copied on?
A Yes.
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Q And the date is Friday, June 10th; is that correct?
A Correct.
Q So does that refresh your recollection as to whether
June 11th was a Saturday?
A Yes.
Q Now, you were copied on this email which described
the agreement, the new agreement between Verizon and East
End Eruv Association; is that correct?
A I think the email was sending me a copy of -- I see
it here, yes.
I was copied on the email from our engineer
regarding the agreement that was sent to the East End Eruv
Association.
Q Now, attached to that email -- well, withdrawn.
So the agreement was sent on Friday, the 10th,
and there was a date on the exhibit as Saturday, the 11th,
and it bears Mr. Tenzer's signature; is that correct?
A I assume it is his signature, yes.
Q Can I see your copy, please?
the proceedings.)
Q Take a look at the page prior to the typed
"Exhibit A."
Does that have a date on it on the bottom?
A There is a date of June 12th, 2011.
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Q And that is one of the exhibits to the agreement?
A I'm not positive that this page was an exhibit to the
agreement.
Q But it is a part of Exhibit 3 that is in evidence; is
that correct?
A Correct.
Q So there is no application that you know of in this
agreement as Mr. Sokoloff --
A Yes.
Q So the agreement gets sent on the 10th, and signed by
someone on the 11th, and returned on the 12th; is that
correct, over the weekend?
THE COURT: You went over that already.
A I'm not sure when it was returned.
Q All of this was done over a weekend, over the course
of a three-day period; is that correct?
A I know the agreement was sent on a Friday. I'm not
sure what happened on Saturday.
Q That is pretty quick, would you say?
Q Is that the ordinary procedure, a new application and
an agreement, which is signed over the weekend?
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Q I would ask you -- you don't have the agreement,
right?
Q I would like you to look at paragraph 19.19 of
Exhibit 3.
And that agreement requires a pre-construction
survey, does it not?
Take your time and look at it.
A 19.19?
Q And that requires a pre-construction survey, does it
not?
A Yes.
Q And that was not done here yet, was it?
A I don't think it was done at this time.
Q And how about 25.25?
25.26, excuse me.
THE COURT: How much longer, counselor?
MS. LICCIONE: A couple of more questions. It
is almost finished.
THE COURT: Because it is 12:35.
MS. LICCIONE: I understand, your Honor.
Q That requires a pre-construction survey to be built
and paid for; is that correct?
A Yes.
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Q And that hasn't happened here either; is that right?
A As far as I know.
Q Now, I would like you to take a look at the drawing
which is attached as an exhibit to Exhibit 3, and I would
like you to compare it to the attachment to the email on
which you were copied. And I believe that is
Southampton F.
MR. SUGARMAN: Also Plaintiffs' Exhibit 2.
A I have it. I have both of them.
Q And it is a lechi example.
And I would like you to look at item number 5.
Item number 5 permits a nylon rope of
contrasting color to black; is that correct?
A Correct.
Q So by way of this lechi example and specifications,
Verizon would allow East End Eruv Association in addition
to the lechi to attach and grow -- attach a contrasting
color to the pole; is that correct?
A Correct.
MS. LICCIONE: That's all I have, your Honor.
Thank you.
THE COURT: How long are you going to be?
MR. SUGARMAN: Five minutes.
THE COURT: Why don't we go to lunch.
MR. SUGARMAN: Or less.
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225
I would like to get Mr. Balcerski out of here.
I think I can be quicker than that.
Go ahead.
MR. SUGARMAN: Thank you.
BY MR. SUGARMAN:
Q Exhibit 2 to your left, which is the big blowup in
the -- that one there.
That is a blowup of the exhibit to the emails
that you have been looking at; is that correct?
A Yes.
Q Okay.
Now, that is a Verizon document?
A Yes.
Q When the Eruv Association told Verizon that it wanted
to use longer lechis, did Verizon then say to the Eruv
Association, well, they need to be PVC and not wood?
MR. SOKOLOFF: Objection. Leading.
THE COURT: Yes.
Ask for the conversation on that.
Q After Verizon was advised by the Eruv Association
that the lechis had to be 15 feet long, did Verizon then
say anything to the Eruv Association with respect to the
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material that needed to be used for the lechis?
A I believe the Eruv Association was told they had to
use PVC.
Q And that is what led to the new agreement -- is that
what led to the new agreement that has been marked as
Exhibit 3?
A In order to attach the longer PVC pipe, the Eruv
Association needed to enter into Exhibit 3.
Q And Ms. Liccione pointed you to Exhibit 3, Section
19.19; and that has to do with pre-construction surveys?
A Yes.
Q It says, quote, a pre-construction survey will be
required for each pole for which attachment is requested
to determine the adequacy of the pole to accommodate
licensee's attachments; is that right?
A Yes.
Q Was there any necessity to do a construction survey
with respect to whether Verizon's poles could accommodates
a five-eighths inch PVC lechi?
A Well, it is my understanding there would need to be a
walk-through or walk-out, whatever it is called, of the
poles to make sure that the lechis will be attached in the
appropriate spot on the pole.
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Q Right.
But my question is with respect to a
pre-construction survey, and let me put it another way.
Is the -- are the PVC lechis used in other
instances where Eruv Associations had wanted to attach
lechis to poles?
Q Let me then ask you whether in your experience you
believe that a pre-construction survey will be required to
determine whether Verizon poles would be adequate to
accommodate the lechi that is described and depicted on
Plaintiffs' Exhibit 2, which is to your left?
A I'm not sure whether we engage in a pre-construction
survey prior to attachment of lechis.
Q But that Exhibit 2 is something that Verizon gave to
the Eruv Association to give it the specifications for the
lechis; is that correct?
MR. SUGARMAN: I don't have anything further,
your Honor.
MR. SOKOLOFF: I do.
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RECROSS-EXAMINATION
BY MR. SOKOLOFF:
Q Is it your testimony that Verizon wanted
Plaintiffs' Exhibit 3 to be signed, the later agreement?
A Yes.
Q And is there anything --
MR. SUGARMAN: Your Honor, I object to that. It
was not part of my redirect.
THE COURT: It is true.
I will let it stand because I allowed it. But
it is not proper redirect -- recross, rather.
Q Plaintiffs' Exhibit 3 --
THE COURT: You are not getting any more
questions about that.
MR. SOKOLOFF: He asked it.
I promise every question I'm about to ask flows
from the redirect.
Can we take a lunch break?
MR. SUGARMAN: Your Honor, that is unfair to
Mr. Balcerski. I asked him a question about one --
THE COURT: Go ahead and ask your question.
Q Is there anything at all in Plaintiffs' Exhibit 3,
the new agreement, that you say was required because of
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the larger lechi?
Q Is there anything in that that says anything about a
lechi and the dimensions of it?
A No.
Q So how could it be -- withdrawn.
Is it your testimony that a new agreement was
required to accommodate a different lechi where the lechi
that is supposedly new is not described at all? Is that
your testimony?
A In order for the Eruv Association to attach the
longer lechi, they needed to execute this agreement.
Q Well, where in this agreement does it say they can
attach a longer lechi?
A It doesn't.
MS. LICCIONE: I have just one, your Honor.
THE COURT: It has to be a good one.
MS. LICCIONE: Yes, your Honor.
RECROSS-EXAMINATION
BY MS. LICCIONE:
Q Mr. Balcerski, when Mr. Sugarman asked you questions
on redirect -- asked you a question on redirect, he asked
you whether or not a pre-construction survey would be
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OWEN M. WICKER, RPR
230
required.
A Correct.
Q Now, if a pre-construction survey were to determine
that a pole was unsuitable for the lechi, the lechi would
have to go on a different pole; is that correct?
Q A lechi can't go on poles that are determined to be
unsuitable?
MS. LICCIONE: That's all I have.
We will see you at a quarter of 2:00.
You are excused.
THE WITNESS: Thank you.
(Luncheon recess.)
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OWEN WICKER, RPR
231
A F T E R N O O N S E S S I O N
THE COURT: Be seated.
Next witness, please.
MR. SUGARMAN: Tim Laube.
THE COURT: How many witnesses do you have,
approximately?
MR. SUGARMAN: Five -- six.
THE COURT: I hope they are not duplicative.
MR. SUGARMAN: They are not.
THE COURT: Remain standing and raise your right
hand. Do you affirm or swear?
THE WITNESS: Swear.
T I M O T H Y L A U B E,
called as a witness, having been first
duly sworn, was examined and testified
as follows:
THE COURT: Give us your last name.
THE WITNESS: Timothy Laube, L-A-U-B-E.
THE COURT: Talk into the mike so we can all
hear you.
DIRECT EXAMINATION
BY MR. SUGARMAN:
Q Mr. Laube, were you served with a subpoena to appear
here today?
A Yes.
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OWEN WICKER, RPR
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Q Where do you currently live?
A Hampton Bays.
Q How long have you lived in Hampton Bays?
A In October it will be three years.
Q Where did you live before that?
A Westhampton Beach.
Q How long did you live in Westhampton Beach before you
moved to Hampton Bays?
A Several years, from '04 until then.
Q Where did you grow up?
A Westhampton, Westhampton Beach. I went to
Westhampton Beach High School.
Q Are you employed?
A Yes.
Q By whom?
A Suffolk County.
Q What is your position with Suffolk County?
A I'm the clerk of the Suffolk County legislature.
Q Did you at one point run as mayor for Westhampton
Beach?
A Yes.
Q When was that?
A 2008.
Q And when you were a candidate for mayor, did the
issue of the eruv come up in the campaign?
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OWEN WICKER, RPR
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A It did.
Q Would you describe for the Court how that came up in
that campaign?
What we'll now hear is what citizens told him.
This is hearsay and irrelevant.
THE COURT: If that's what it is, I will strike
it.
Go ahead.
MS. LICCIONE: Your Honor, I also have an
objection. In '08 there was a very different eruv --
THE COURT: Overruled. That's for
cross-examination.
Go ahead.
BY MR. SUGARMAN:
Q The question was, describe to the Court how the eruv
issue came up in the campaign.
A Well, the campaign started in April, and it wasn't an
issue. It wasn't one people were talking about
door-to-door in the village.
About eight days before the election, a
full-page ad appeared in the local newspaper.
THE COURT: Let's hear. Then I'll rule.
A There was a local ad in the newspaper --
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OWEN WICKER, RPR
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THE COURT: By whom?
THE WITNESS: There were two people who took out
the ad. I don't recall the name of the group. And the ad
specifically said -- implied a vote for Tim Laube would be
a vote for Westhampton Beach to turn it into an orthodox
community.
MR. SOKOLOFF: I move to strike.
THE COURT: I will give it such weight I believe
it deserves in the totality of the case.
Go ahead.
BY MR. SUGARMAN:
Q Step back for a minute, Mr. Laube, and tell the Court
what position you took with respect to the eruv in that
case.
MR. SOKOLOFF: Objection. Irrelevant.
A I took a position to support the eruv.
BY MR. SUGARMAN:
Q And were there other candidates -- who were you
running against at that time?
A At the time, I was running against the current mayor,
Mr. Teller.
THE COURT: I can't hear you. I'm sorry.
THE WITNESS: I'm sorry. Against the current
mayor, Mr. Teller.
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OWEN WICKER, RPR
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BY MR. SUGARMAN:
Q And what was Mr. Teller's position?
A I don't recall.
Q And as a result of your position, this ad appeared in
the press; is that right?
BY MR. SUGARMAN:
Q You can answer that.
A I'm sorry. Can you repeat the question?
THE COURT: Did it appear in the local papers?
THE WITNESS: Yes, it did.
BY MR. SUGARMAN:
Q Plaintiff 8 for identification. Can you identify it?
A I believe that was the ad put in the newspaper.
MR. SUGARMAN: I offer it in evidence.
MR. SOKOLOFF: I object strongly. There is no
indication who wrote this. There is no connection to the
village. It ran in the newspaper. For all we know, the
plaintiffs could have put it in. No foundation.
MR. SUGARMAN: Your Honor, if I could --
THE COURT: Wait. Wait. Let me see the ad.
MR. SUGARMAN: It's Exhibit 18 in the binder.
THE COURT: 18 in the binder.
Do you have any further evidence, other than the
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OWEN WICKER, RPR
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article itself?
MR. SUGARMAN: Other than the ad?
THE COURT: Yes.
MR. SUGARMAN: Mr. Laube will testify the impact
the ad had on his campaign.
THE COURT: I will leave it out.
Objection sustained.
BY MR. SUGARMAN:
Q As a result of your position on the eruv, was there
an impact on your election raised with Mayor Teller?
BY MR. SUGARMAN:
Q You said you moved from Westhampton Beach three years
ago; is that correct?
A That's correct.
Q What prompted you to move from Westhampton Beach?
MR. SOKOLOFF: Objection. Irrelevant
completely.
MR. SUGARMAN: Your Honor, the relevance of this
is palpable.
THE COURT: That's a new exception. I haven't
read that in Rules of Evidence.
MR. SUGARMAN: The cases indicate that animus
against a particular religious group is probative of the
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OWEN WICKER, RPR
237
denial of First Amendment rights.
What this is meant to show is that in this
campaign there was significant anti-orthodox animus, and
it got carried through to this witness, who, as a result
of threats made to him, moved out of the area.
So I believe it is probative of one element of
one of the claims that --
BY MR. SUGARMAN:
Q Mr. Laube, when you were living in Westhampton Beach,
did you ever have any involvement with hanging any
attachments to utility poles in Westhampton Beach?
A Yes.
BY MR. SUGARMAN:
Q And could you explain to the Court the circumstances
of that?
A During the campaign and the previous campaigns, I
would hang --
Q No. Not your own --
MR. SOKOLOFF: Well, wait a minute. The witness
was in the middle of an answer.
MR. SUGARMAN: I'm sorry to interpret you.
THE WITNESS: I would hang campaign signs on
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OWEN WICKER, RPR
238
telephone poles.
BY MR. SUGARMAN:
Q Did you have any involvement in planning the St.
Patrick's Day parade in Westhampton Beach?
A Yes. I was the president of the St. Patrick's Day
Westhampton Beach committee.
Q As president of the St. Patrick's Day Westhampton
Beach committee, did you have any involvement in hanging
any attachments to the poles in The Village of Westhampton
Beach?
THE COURT: What's your objection, Counsel? You
keep objecting. I want to hear one good reason.
MR. SOKOLOFF: Relevance.
THE COURT: You feel it is not relevant?
MR. SOKOLOFF: I feel it is not relevant.
THE COURT: Good. Overruled.
So no matter how many signs are posted, it is
immaterial, and everybody knows about it.
MR. SOKOLOFF: Judge, you may be mistaking our
position in this case from that of the other
municipalities.
THE COURT: Okay. So, therefore, go ahead.
THE WITNESS: Annually, we hang a banner across
Main Street from one telephone pole to another announcing
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OWEN WICKER, RPR
239
the day of the parade and the grand marshal for that year.
BY MR. SUGARMAN:
Q For how long has that been going on?
A The parade?
Q No. The hanging.
A It predates my involvement with the committee. I've
been with them ten years.
THE COURT: Does Westhampton Beach have an
ordinance on signs?
MR. SOKOLOFF: No, sir.
THE COURT: Or projections or anything on the
poles?
MR. SOKOLOFF: No, sir.
THE COURT: They allow everything?
MR. SOKOLOFF: There's no sign ordinance.
THE COURT: Do they allow you to put up a sign
if they have no sign ordinance?
MR. SOKOLOFF: I don't know what you mean by "do
they allow" it.
THE COURT: Do people put up a sign?
I want to put up a sign: Come to breakfast in
the morning.
Does Westhampton Beach allow that? Yes or no?
MR. SOKOLOFF: I stand corrected. There is a
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OWEN WICKER, RPR
240
sign ordinance. The village has taken the position in
this case that a lechi is not a sign.
THE COURT: And have you enforced the sign
regulations in the village?
MR. SOKOLOFF: Yes, we have.
THE COURT: Okay. Now cross-examine this
individual with respect to the signs.
CROSS-EXAMINATION
BY MR. SOKOLOFF:
Q How many times did you yourself run for office in The
Village of Westhampton Beach?
A Three times.
Q When?
A 2004, 2006 and 2008.
Q And in 2004, were you elected?
A Yes.
Q And you served for how long?
A Two years.
Q And after two years, you ran for reelection?
A Correct.
Q After two years, the voters were either not happy
with your performance or more happy with your opponent; is
that right?
THE COURT: Sustained. He didn't win.
BY MR. SOKOLOFF:
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OWEN WICKER, RPR
241
Q Did you win?
A No.
Q So from 2006 to 2008, you were out of office, right?
A That is correct.
Q And in 2008 you ran for office again?
A That's correct.
Q And you lost?
A Correct.
Q By how many votes?
THE COURT: Does it really matter?
Q How long after you lost to the second election in
Westhampton Beach did you move out?
A It was the end of September.
Q So how long after you lost?
A Three months.
Q The St. Patrick's Day banner that you put up, was
there a procedure that you had to go through in order to
get it put up?
A Yes.
Q What was the procedure?
A There was paperwork I had to file with Verizon and
LIPA, a permit.
Q So you got permission from Verizon and LIPA?
A That's correct.
Q And you never filed an application with the village?
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OWEN WICKER, RPR
242
A No. In fact, I was told by then village clerk Kathy
McGuiness that I did not have to.
Q So you didn't?
A Correct.
Q And the St. Patrick's banner goes up for how long?
A I'd say for about two to three weeks.
Q And after that it is taken down, and it's down for
the rest of the year?
A Correct.
Q The St. Patrick's Day parade group that you are the
president of doesn't have any permanent structures affixed
to any telephone poles that you are aware of?
A That's correct.
BY MR. SUGARMAN:
Q Mr. Sokoloff made it a point to establish that you
moved out of Westhampton Beach three months after the
election. Why did you move out?
MR. SUGARMAN: Your Honor, he opened the door.
THE COURT: I believe so. I was keeping it out.
Go ahead.
A I felt uncomfortable in the village.
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OWEN WICKER, RPR
243
THE COURT: I'll take it. Go ahead.
A The date of the election, I received several phone
calls disparaging me in my position on the eruv. And in
the subsequent weeks, I received several pieces of mail in
a threatening nature.
MR. SOKOLOFF: Objection. There is no
connection between any of my clients or any village
officials and these phone calls or pieces of mail.
THE COURT: I agree, but I'll let it stand.
MR. SUGARMAN: No further questions, your Honor.
THE COURT: Any other signs go up around 2008
which you put up or you saw it in the village?
THE WITNESS: Recalling any individually, I
don't recall any. But there's yard sale signs. Political
candidates put up signs.
THE COURT: Do candidates put up signs?
THE WITNESS: I would say yes. I know of other
campaigns, county-related races, that used utility poles
to put up signs for their campaigns.
THE COURT: Okay. You may step down unless
somebody wants to question.
You may step down.
Next witness.
(Witness excused.)
MR. SUGARMAN: Plaintiffs call Anna
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Throne-Holst - Direct/Sugarman
Owen M. Wicker, RPR
244
Throne-Holst, the supervisor of the Town of Southampton.
THE COURT: Remain standing. Raise your right
hand.
A N N A T H R O N E - H O L S T,
as follows:
THE WITNESS: Anna, A-N-N-A, Throne-Holst,
T-H-R-O-N-E, hyphen, H-O-L-S-T.
THE COURT: And you are the supervisor --
THE WITNESS: -- of the Town of Southampton.
THE COURT: Town of Southampton.
Go ahead, Counsel.
DIRECT EXAMINATION
BY MR. SUGARMAN:
Q Ms. Throne-Holst, are you familiar with the East End
Eruv Association?
A Yes.
Q And are you now generally familiar with the concept
of an eruv?
A Yes.
Q Who is Michael Sordi?
A He's our former town attorney.
Q And you worked with Mr. Sordi while he was a town
attorney, correct?
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Owen M. Wicker, RPR
245
A I did.
Q Let me show you --
THE COURT: What exhibits are you referring to?
MR. SUGARMAN: 27, your Honor.
BY MR. SUGARMAN:
Q Are you familiar with this letter, Ms. Throne-Holst?
A I am.
Q I'm sorry, did you answer?
A Yes.
Q The first full paragraph on the second page reads
quote: Based on the definitions of our sign law, and
based on the specification you provided us with your
letter, I am compelled to conclude that the lechis
constitute a, quote, sign, closed quote, within the
meaning and intent of our statute. Accordingly, same are
prohibited.
Is that correct?
A Yes.
Q Two paragraphs down it says: Since you have
indicated to me via telephone that your company was
preparing to issue license agreements to permit the
installation of lechis, I believe it is incumbent of our
office to advise you in advance, should it be installed in
the Town of Southampton and in the unincorporated
villages, it's our opinion the same would be in
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Owen M. Wicker, RPR
246
contravention of our local laws, which we shall endeavor
to be enforce, lest they be meaningless.
That's what it says?
A Yes.
Q That's the position of the Town of Southampton at the
time this letter was written, correct?
A It was then and it was before and it remains today,
according to the ordinance that is represented in the
first paragraph.
Q Right. So it remains today the position of the Town
of Southampton as it is expressed in the letter, correct?
A Our ordinance is what dictates our position on this,
yes.
Q Now, you mentioned your ordinance.
I put before you Plaintiffs' Exhibit 30 for
identification and ask if that is the ordinance to which
you just referred.
A I believe so, yes (perusing).
Q Please turn to page 4 of that document, and at the
bottom there is a definition of "sign," correct?
A Yes.
THE COURT: Wait a while.
Where is that?
MR. SUGARMAN: It's on page 4 of Exhibit 30.
THE COURT: Okay.
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BY MR. SUGARMAN:
Q Is it that definition which forms the basis of the
position of the Town of Southampton that the lechis in
this case would be a sign?
The supervisor is neither the town attorney nor
the building inspector. She has been shown a letter from
the town attorney, not a letter of her own. So I object
to questioning this lay witness regarding --
A I would like the same response in that there are any
number of descriptions of signs, as you see as well. I'm
not sure entirely which one or ones of these you are
referring to, but I believe it includes that one you are
referring to. But it may refer to several others as well.
Q Let's deal with that one, and I'll ask you if there
are any others.
If you read the definition of "sign," would you
tell the Court in what way is a five-eighths-inch PVC
lechi covered by the definition of "sign," as you see it
in the Southampton --
This witness merely adopted the position of the
town attorney. She did not come to a legal conclusion.
THE COURT: You never came to a conclusion what
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Owen M. Wicker, RPR
248
a sign was?
THE WITNESS: I think that I know what a sign
is, but I think I'd also like to say there are many signs
and many different kind of signs.
So I think that is also why our ordinance is
written the way it is, with several definitions, as your
Honor can see. And I'm not sure that this particular type
of sign -- I cannot say I'm entirely sure which sign we're
referring to was referred to.
So it's a difficult question to answer in such
specificity, but I do feel that I know what a sign is.
THE COURT: Okay.
BY MR. SUGARMAN:
Q Ms. Throne-Holst, would you look at the big poster
board to your left. That's an exhibit that has been
identified as provided by Verizon, and it shows on the
pole a five-eighth-inch PVC round lechi. That is the
lechi I'm talking about right now. I realize it has been
described before, but that's what we're dealing with in
this litigation.
So with that in mind, would you point to the
provision of the definition of "sign" that you have in
front of you and tell the Court what in that definition --
and I'm not talking about other definitions now. We'll
get to that. What, if anything, in the definition of
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249
"sign" on page 4 of Exhibit 30 would cover this
five-eighth-inch PVC lechi?
MS. LICCIONE: Same objection.
THE COURT: I'll see if she can answer it.
THE WITNESS: I'd like to answer it as follows:
Because the Town of Southampton has not received any
communication on this directly that speaks to the nature
or look of any of these signs, I really can't answer that.
BY MR. SUGARMAN:
Q In Exhibit 27 that I showed you --
THE COURT: Excuse me. Do you consider what is
before you on that exhibit as a sign?
MS. LICCIONE: Can you see it?
THE WITNESS: I can't really see it. I see a
utility pole, and I see --
THE COURT: Do you see a sign there?
THE WITNESS: Is this what we're talking about?
THE COURT: I'm asking you: Do you see a sign
there?
THE WITNESS: It's not something that I've ever
seen before, but if it's meant to signal something or
convey a message, I'm not familiar with it.
THE COURT: Okay. That's an answer. I'll
accept that answer.
So things on telephone poles you've never seen?
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THE WITNESS: I've never seen ones that look
like this particular one, no.
THE COURT: Okay.
BY MR. SUGARMAN:
Q You've seen it now, Ms. Throne-Holst. And based on
your knowledge of the Southampton sign law -- and I'm not
limiting it to the definition I just pointed to you,
because you said there were other provisions -- was there
anything in the town sign law that would classify what is
on Exhibit 2, which the Judge just asked you about, as a
sign?
MS. LICCIONE: Objection. Asked and answered.
A I would have to review the ordinance in its entirety
in order to give you an appropriate answer.
As you can see, there is at least one, if not
several, pages that describe different types of signs.
And I do not know those by heart, and I'm not sure how and
where specifically this might fit in.
BY MR. SUGARMAN:
Q But as you sit there right now, nothing comes to mind
that would categorize this five-eighth-inch plastic PVC
strip as a sign; is that right?
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A Sir, in my capacity, we deal with all sorts of signs,
be they municipal signs or signs that announce businesses
or intentions to sell something. They come in any which
form or size and nature. This is not one I've ever seen
before, so I don't know exactly where it does fit into
any -- to one of these descriptions.
BY MR. SUGARMAN:
Q And isn't it fair to say you don't know whether it
fits into any of the descriptions elsewhere in the
Southampton sign law?
A I think the most fair to say is because the Town of
Southampton has never received any direct communication on
this or direct application on this, I am not familiar with
what exactly is in question.
THE COURT: Please turn that back. He's
questioning about that.
MS. LICCIONE: I apologize, your Honor.
THE COURT: You can sit anywhere you wish.
Don't move the exhibit away.
BY MR. SUGARMAN:
Q I believe you still have in front of you Exhibit 27,
which is Mr. Sordi's letter.
A Yes.
Q And I read parts of that into the record; I'll not do
it again.
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At the time he wrote that letter, had there been
any application to the Town of Southampton by the eruv
association to put up a lechi?
A No.
Q So at the time he wrote that letter, he didn't know
what exactly the form of lechi would be; isn't that right?
MS. LICCIONE: Objection. She can't testify to
somebody else's knowledge.
THE COURT: I sustained it. Do you have to
continue speaking?
BY MR. SUGARMAN:
Q Mr. Sordi wrote that letter expressing his views.
Do you know whether at the time Mr. Sordi had
any knowledge of the particular size or composition of the
lechi?
THE COURT: If she knows.
A I don't believe so.
BY MR. SUGARMAN:
Q You don't believe he knew?
A I do not.
Q Turn to the first page of Exhibit 30, section
330-200. It says "purpose and intent," correct?
A Yes.
Q And A-1 says: One of the purposes is to preserve and
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protect the public health, safety and welfare of the
citizens of the Town of Southampton.
As the supervisor, would you believe that the
placement of five-eighth-inch PVC lechis on poles in
Southampton would in any way endanger the public health,
safety and welfare of the citizens of the town?
A I believe it is my sworn duty to uphold the
ordinances of the law, the policies and procedures of the
Town of Southampton. This wasn't one of them.
THE COURT: That wasn't the question.
THE WITNESS: I'm sorry.
THE COURT: Ask the question again.
BY MR. SUGARMAN:
Q My question is: As the supervisor of the town, is it
your position that placing a five-eighth-inch round PVC
lechi on a pole would in any way adversely impact the
public health, safety and welfare of the citizens of the
Town of Southampton?
A It is my sworn duty to uphold the ordinances and the
laws of the town. This is a sign ordinance.
MR. SUGARMAN: Your Honor, again, I ask to
strike that and --
THE COURT: Yes. Ask it again.
Does this affect the public health, safety and
welfare of the citizens of the Town of Southampton? Yes,
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no, or you don't know. Which one of the three?
THE WITNESS: If I may, your Honor -- and I'm
not trying to be difficult in any way.
THE COURT: Maybe you can't answer it.
THE WITNESS: We have an ordinance of this kind.
We have many in place because we concern ourselves with
the character, as is described in 330-200, to ensure all
signs within the Town of Southampton are comparable to be
--
THE COURT: Does it protect the public health?
Yes or no, or you can't answer that?
THE WITNESS: I can't answer that.
THE COURT: How about the safety and welfare of
the citizens of the Town of Southampton? Can you answer
that with a yes, no, or you can't answer that?
THE WITNESS: I would categorize it as a quality
of life, to characterize it.
BY MR. SUGARMAN:
Q You would characterize the placement of a five-eighth
PVC as a quality-of-life item?
A I would qualify a sign ordinance to ensure the
quality of life of the citizens and taxpayers of the Town
of Southampton.
Q My question is not generally about the town
ordinance. My question is, does this five-eights PVC
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strip have any impact, as you see, upon that quality of
life?
MR. SUGARMAN: And I understand why Mr. Sokoloff
is rising. This is with respect to the Town of
Southampton.
MR. SOKOLOFF: Because it is misleading to
describe it as a five-eighth-inch piece of whatever. That
is not the accurate dimension.
THE WITNESS: Your Honor, if I may --
THE WITNESS: These are, in essence, are meant
to capture any number of what we might consider nuisances
or infringements on the quality of life within the town.
And so our position is that they capture, then, any one of
a, quote, sign.
And to say one sign or another, the point is
that we don't make exceptions. It is supposed to capture
any signs, because we consider them an infringement on the
quality of life.
THE COURT: There is testimony that signs had
been put up.
MS. LICCIONE: Objection, your Honor. Not
within the Town of Southampton. There has been no
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testimony. That was Westhampton Beach and Quogue.
MR. SUGARMAN: I don't think that is right, your
Honor, but we'll get to that later.
MS. LICCIONE: Not the testimony, Mr. Sugarman.
MR. SUGARMAN: Well, declarations are not
testimony.
MS. LICCIONE: Correct. There has been no
testimony.
THE COURT: Stop. Stop. Both of you. Wait.
There is no cross-conversation between counsel.
Do you understand that, both of you?
MR. SUGARMAN: Yes, your Honor.
THE COURT: How about you, Miss?
MS. LICCIONE: Yes, sir.
BY MR. SUGARMAN:
Q Ms. Holst, would you look at subsection 5 of section
330-200? That says one of the purposes is to promote the
free flow of traffic and protect pedestrians and motorists
from injury and property damage resulting from cluttered,
distracting and/or illegible signage. Studies have shown
that outside distractions may lead to traffic accidents.
Is it your position that placing a
five-eighth-inch round lechi on a pole would inhibit the
free flow of traffic?
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A My position is any sign may, in fact, do that, yes.
Q And it's also your position that attaching this lechi
might be a distraction to drivers?
A A concern would be with this or any sign, that's with
respect to the ordinance.
Q I'm not talking about any sign. I'm talking about
this lechi.
A Yes. But we have ordinances in the town, and we do
not make exceptions for social justice reasons. I mean,
that's why we have ordinances and laws, and they are to be
upheld by any applicant.
Q If the lechi was not a sign as defined by the
ordinance, then it wouldn't be covered by the sign law,
correct?
A I'm not certain.
Q Well, sign laws, your sign law, is enacted to
prohibit signs on the poles in the Town of Southampton,
correct?
A Yes.
Q And if it is determined that this lechi is not a
sign, then it would not be covered by the sign law,
correct?
A Sign, banners, messages, lights, neon lights. I
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think we've concluded here there are any number of
descriptions what might fall into a sign.
BY MR. SUGARMAN:
Q And if the lechis don't fall into any of those
descriptions, they would not be prohibited by the sign
law?
A I'm not certain.
Q Would you turn to page 6. Actually, it starts at the
bottom of page 5, and the heading is Exempt and Prohibited
Signs.
Do you see that?
A Yes.
Q And now go to page 6. There is an enumeration of
exempt signs, correct?
A Yes.
Q And one of them is a residential nameplate, under
subsection 1, not exceeding two square feet.
That is exempt, right?
A It appears so, yes.
Q And you would agree, would you not, that a
five-eighth-inch PVC lechi is not nearly as big as a
two-square foot residential name place?
MS. LICCIONE: Objection. We're talking about
signs on poles, not residences, so it is irrelevant.
THE COURT: Wait a second.
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I'll sustain it.
Ms. Throne-Holst, if you look at 330-203 at the
bottom, it says: Exempt and Prohibited Signs.
The following signs, whether existing prior to
the effective date or thereafter installed or erected,
shall be exempt from the provisions of 330-208 A through C
related to permits and fees. Any other provisions of this
article; inconsistent with the respective area and height
allowances set forth below; and the amortization
requirements set forth in 330-202 B.
There's nothing in what I've just read that
defines whether the sign that is discussed here is on a
pole or on a residence or anywhere else, is there?
MS. LICCIONE: Objection, your Honor.
I think the question is misleading. If we
proceed to the next page, there is a discussion of
prohibited signs, and that includes any type of sign in
item number 10 on a telephone pole.
THE COURT: Item number 10? Read it to me.
MS. LICCIONE: He's reading from exempt sign.
THE COURT: All right. I said yes, I found it.
BY MR. SUGARMAN:
Q Ms. Throne-Holst, whether the sign is on a house or a
pole, you would agree with me, would you not, that looking
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at subsection 2, a nonilluminated open/closed, vacancy/no
vacancy sign not exceeding four square feet would be more
of a distraction than a five-eighth-inch PVC lechi,
wouldn't you?
THE WITNESS: Your Honor, why I find it
difficult is because we've not been in receipt of an
application here. This is the first I see of any kind of
attempt to describe what it is we're supposed to be
taking -- maybe or maybe not taking any action on.
So I find myself, I think, in a fairly
impossible position without having actually seen in person
what it is we're supposed to be, you know, forming an
opinion on.
THE COURT: Do the best you can.
THE WITNESS: I'm saying I don't think it is
helpful to go through each one of these provisions without
the township having the opportunity to review anything
substantial or anything at all.
THE COURT: Didn't any of the attorneys go over
this with you?
THE WITNESS: This is the only communication
that the town --
THE COURT: No. Please listen to the question.
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261
THE WITNESS: Yes, your Honor.
THE COURT: Did any of the attorneys go over the
issues with you?
THE WITNESS: Yes, but I find myself --
THE COURT: And didn't they show you what their
claim is and what provisions apply?
THE WITNESS: Well, I think --
THE COURT: Did they or didn't they?
You are claiming ignorance. I want to see if
anybody went over it with you or they didn't. If they
went over it with you, I can't see how you can't say that,
if they did, that is justifiable.
THE WITNESS: I think counsel agrees with my
position, because we're not in a --
THE COURT: All right. I'll withdraw my
comment.
Did the lawyers talk to you about the issues in
this case? Yes or no.
THE WITNESS: Of course they did, your Honor,
but --
THE COURT: Did they show you pictures of what
is involved?
THE WITNESS: Not this picture.
THE COURT: What pictures did they show you
then?
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Throne-Holst - Direct/Liccione
Owen M. Wicker, RPR
262
THE WITNESS: I have not seen a picture.
THE COURT: Oh.
Do you have any more questions of the witness?
MR. SUGARMAN: No, your Honor.
THE COURT: You may have cross-examination.
CROSS-EXAMINATION
BY MS. LICCIONE:
Q Good afternoon.
To get a little background, when were you
elected supervisor?
A November of 2009.
Q When did you take office?
A January 1, 2010.
Q Before you were elected supervisor, did you hold a
position on the town board?
A Yes. I held a position of councilwoman.
Q For how long were you councilwoman?
A Two years.
Q So that would be 2007 to 2009?
A 2008 and 2009. I was elected in 2007.
Q And you took office in January?
A Yes.
Q Prior to becoming a councilwoman, could you describe
to the Court your background?
A Well, I moved to the area in 1988, shortly after the
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birth of my second son. I left a career in marketing and
advertising in New York City. Shortly after the birth of
my third son in 1993, I was part of founding an
educational institution.
Q And what was that educational institution?
A It was an elementary school. It is an elementary
school. In 1999 I took a position of the executive
director of the Bridgehampton Child Developmental Center.
Q What is that?
A It is a not-for-profit community service organization
that serves a minority community. And we brought Head
Starts and other educational support, and emotional and
mental health and developmental support programs to the
community.
Q Before that I believed was mentioned the Hayground
School.
What is that school?
A It's an elementary school that serves children,
again, mostly minority, underserved and learning-
challenged children. It's an alternative curriculum that
focuses on social justice and allowing teachers to teach
to the needs of individual children.
Q After the Bridgehampton center, what did you do?
A I pursued a master's degree in international affairs
and public administration at Columbia, and I served at the
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264
department of peacekeeping, part of the United Nations.
And then I worked for a private not-for-profit that looked
to assist families that were victim of AIDS.
Q Thank you.
I think you testified that you were familiar
with Mr. Sordi's letter.
Did you go through the town code with him at
that time, the sign code?
A Yes.
Q Looking at 32 in front of you -- do you still have
that in front of you?
A I do.
Q Let's take a look at A-2 on the first page.
Is that one of the purposes of the sign
ordinance?
A Yes.
Q And it is to promote the use of signs which are
aesthetically pleasing; is that correct?
A Yes.
Q Looking at number 3, one of the purposes is to
enforce the historic and pedestrian character of the
hamlet and village centers.
Do you see that?
A Yes.
Q And looking further down, it's to avoid escalating
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clutter; is that correct?
A Yes.
Q And looking at number 7, one of the purposes is to
enhance the appearance of the streetscape?
A Yes.
Q At some point in time after you took office, did you
become aware of a controversy surrounding a potential
eruv?
A There have been quite a bit of mention in the local
newspaper regarding this issue.
Q Did you ever get any e-mails?
A I get numerous e-mails.
Q How would you describe the e-mails? For? Against?
A A mixture of both.
Q When you received these e-mails, what did you
conclude, if anything?
A Well, I concluded prior to the e-mails, it certainly
reinforced it. It appeared to be an issue between two
different or several different factions of religious
institutions, and as such, I felt it wasn't under the
purview of government.
Q Why did you feel that way?
A Because of the separation of church and state and my
belief that my sworn duty is to uphold a secular position.
Q Now, did you respond to the e-mails?
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A I did. I respond to all e-mails.
Q And did you respond to them individually or as a
group?
A When it became clear that this was -- in my position
we do receive numerous e-mails on any number of issues,
and on an issue such as this, I composed and forwarded
what became my standard reply.
Q So it's a standard reply.
You sent it to everyone for or against?
A Yes.
Q To your knowledge, has anyone run an application
before the Town of Southampton to establish an eruv?
A No.
Q For a lechi?
A No.
Q Had Mr. Tuchman ever communicated with you?
A No.
Q And to your knowledge, was any of the other town
board members?
A Not to my knowledge.
Q Has Mr. Sugarman ever communicated with you with
respect to the eruv?
A No, and on no other matter.
Q Excuse me?
A And on no other matter.
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267
MS. LICCIONE: I think that's all that I have.
BY MR. SUGARMAN:
Q Ms. Throne-Holtz, when Mr. Sordi went over with you
the Southampton sign law, did he point to any particular
section of the sign law that he believed would be violated
by the placement of a lechi?
MS. LICCIONE: Objection. Beyond the scope.
Go ahead.
A We reviewed the ordinance as a whole, and it was his
position, I believe --
MS. LICCIONE: Objection. Privilege.
A I believe it was his position as town attorney that
the sign ordinance was appropriate in response to the
correspondence from Verizon.
BY MR. SUGARMAN:
Q Okay. But my question was whether he pointed to any
particular section of the sign law when he and you were
discussing whether the lechis were violated. Particular
position.
MS. LICCIONE: Objection. Discussion as
privileged.
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BY MR. SUGARMAN:
Q You reviewed the entire --
A Yes.
Q So you don't recall whether it was this position or
that position. He reviewed the entire ordinance. Is that
what you are saying?
A We did.
MR. SUGARMAN: I have nothing further.
THE COURT: Anything further?
MS. LICCIONE: No, your Honor.
Next witness.
(Witness excused.)
MR. SUGARMAN: Plaintiffs call Mayor Conrad
Teller of Westhampton Beach.
THE COURT: Remain standing.
C O N R A D T E L L E R,
as follows:
THE WITNESS: Conrad W. Teller, mayor of
Westhampton Beach.
DIRECT EXAMINATION
BY MR. SUGARMAN:
Q Good afternoon, Mayor Teller.
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You presently serve as the mayor of Westhampton
Beach?
A Yes, I am.
Q For how long have you served in that position?
A Started my fourth year.
Q Fourth year.
Before that, were you -- did you hold any other
position in Westhampton Beach?
A I was trustee for one year, and I was chief of police
for ten.
Q And you were the mayor of Westhampton Beach in 2008
when the Hampton synagogue submitted an application for a
proclamation; is that correct?
A They submitted an application for an eruv at a work
session.
BY MR. SUGARMAN:
Q An eruv?
A An eruv.
Q At a work session.
And it's true, is it not, at that time you did
not oppose the application, correct?
A The village did not oppose it. We didn't oppose it
at the time. It was a work session application. It was
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270
more for information only at that time.
Q And you personally had no objection to the eruv at
that time, correct?
Your Honor, there is a legislative testimonial
privilege that we are invoking here. He's not allowed
under that privilege to explore the mind of a legislator
and the operation of his mind.
If he wants to ask him what he said about it,
that's one thing, but the operation of his own mind is
privileged.
THE COURT: What case are you relying upon?
MR. SOKOLOFF: There is a case from your
Honor --
THE COURT: From me?
MR. SOKOLOFF: Yes, in part. Orange v. County
of Suffolk.
THE COURT: Mona Orange.
What is the citation?
MR. SOKOLOFF: 830, F.Supp. 704.
THE COURT: Hold on. We'll go take a look.
The Court will be in short recess while I'm
looking it up.
MR. SOKOLOFF: I'm not done.
THE COURT: I'm looking up your first case. Do
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you mind?
MR. SOKOLOFF: I don't mind.
THE COURT: Do you have a Second Circuit
opinion? I'll take that too.
MR. SOKOLOFF: I don't have a Second Circuit
opinion.
THE COURT: That's all I'm interested in, my
case and a Second Circuit opinion.
Do you have any objection to me looking it up?
MR. SOKOLOFF: Of course not.
THE COURT: Okay. Thank you.
(Whereupon, a recess was taken.)
THE COURT: Witness, please take the stand.
Everybody be seated.
After reading my own decision of 1991 and 1993
on Orange versus the County of Suffolk, which are
different facts, but under my own decision, I do allow on
certain circumstances to go into the legislative intent.
Under my own decision, I find under these facts
it's not sufficient to go into the legislative intent.
Only if the legislator or mayor issued public statements
can you do it.
So I'm agreeing with the defendants.
Proceed.
MR. SUGARMAN: Thank you, your Honor.
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BY MR. SUGARMAN:
Q Mayor Teller, you told -- you've met Morris Tuchman,
have you not?
A Yes, I have.
Q And didn't you tell Mr. Tuchman in 2008 that you had
talked to the mayor of Tenafly and that you had no
problems with the eruv? Did you tell him that?
A Did I probably convey at that time? Yes. I had no
problem with it. It was just a beginning, and the
majority of us didn't know what an eruv was.
Q But you did say that you talked to the mayor of
Tenafly, correct?
A I talked to the mayor of Tenafly.
Q In your discussion with the mayor of Tenafly, you had
a discussion with him about what an eruv was and whether
it had any impact on his borough, correct?
A No. I asked him more what he utilized -- he used the
sign ordinance and the eruv. I asked him about the eruv,
how he used the sign ordinance and how it was signed into
effect.
Q Mr. Mayor, in 2008 you made a motion, did you not, to
add to the agenda a resolution to approve the eruv? Is
that right?
A I made a motion to add a resolution to the agenda.
It was not to be voted on; it was to be added to it.
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Q And that motion was defeated three to two, correct?
A They voted not to put it on the agenda.
Q Right.
And do you recall the three trustees who voted
not to put it on the agenda?
A Offhand, no.
Q Was Mr. Tucker one?
A I couldn't say with any certainty.
Q You ran for election in May of 2008, correct?
A Yes.
Q And in that election, you publicly opposed the
concept of an eruv in Westhampton Beach, correct?
A My personal opinion, yes.
Q And that was expressed as part of your campaign for
mayor, correct?
A Yes, it was.
Q And at that time, Mr. Tucker also expressed his
opposition to the eruv in that campaign, correct?
A I can't say that with any certainty. I objected to
it, as Mr. Tuchman said. There was a firestorm in the
village, and everybody, the majority of the people, were
against it.
Q So you changed your position based on the firestorm
of opposition that you detected in the village, correct?
A It was originally an innocuous presentation by the
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synagogue. We asked for further information, and we again
asked for further information.
At another meeting, I believe shortly
thereafter, I tried to present a resolution to either go
forward with it or close it. And that's where it stood.
It was never brought up officially for a vote. It was
withdrawn by the synagogue.
Q But returning to this campaign in 2008 for mayor, it
was your position that you were opposed to the eruv, and
it was based on the firestorm of --
A It was based on public opinion.
THE COURT: Sustained. Asked and answered.
MR. SUGARMAN: Thank you, your Honor. I'll move
on.
BY MR. SUGARMAN:
Q And it's fair to say that your position on the eruv,
your opposition to the eruv, continues to this day; is
that right?
MR. SOKOLOFF: Objection. For the same grounds:
legislative; deliberate thought practice, privilege;
legislative testimonial privilege --
THE COURT: I'll allow it. His thinking today
but not his thought process.
BY MR. SUGARMAN:
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Q Forgetting the deliberations of the legislature, you
have publicly proclaimed that you continue to oppose the
eruv; isn't that correct?
A As I said, it was a personal opinion that I opposed
it. It has never been brought before the board on any
occasion for discussion, work with our attorneys on it or
anything else. It was strictly the personal opinion of
Conrad Teller, citizen of Westhampton Beach.
Q And mayor?
A I'm the mayor, but there has never been a decision by
the mayor. We've never voted on it. We never discussed
it. It was a preliminary brought before us. It was a
preliminary brought by the synagogue for an application.
Q Do you distinguish in your statements between Conrad
Teller, person, and Conrad Teller, mayor?
A I try to.
Q And is it your position that in your public
statements you were talking personally as opposed to as
the mayor of Westhampton Beach?
A At the time, yes. I was running for election.
Q Do you recall saying publicly that the board has
taken a position that the public has spoken, and our
understanding is that for an eruv, they need public
support, and we don't believe they have the support of the
public?
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Did you say that?
A Yes, I think I did.
Q And that's your position as of today as well; is it
not?
THE COURT: I'll allow it, his personal opinion
as of today.
BY MR. SUGARMAN:
Q You can answer the question.
That's your position?
A I believe they need public opinion or some public
support of the community to establish an eruv, yes.
Q And that you don't believe they have it, and
therefore you opposed it?
THE COURT: Sustained. Asked and answered.
BY MR. SUGARMAN:
Q Mayor Teller, can you point to any provision of the
village's laws, ordinances, that you are aware of that
requires the Eruv Association to seek village approval of
the eruv that is presently --
MR. SUGARMAN: I'll withdraw that and start
again. I'm sorry, your Honor.
BY MR. SUGARMAN:
Q You are aware, are you not, Mayor Teller, that the
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present application -- I'm sorry -- the present plan for
an eruv is to have one that is much larger than the
original proposal back in 2008? Are you aware of that?
A Yes, I am.
Q And that larger eruv, however, would cover The
Village of Westhampton Beach. Are you aware of that?
A I'm aware of that.
Q Can you point to any provision in Westhampton Beach's
laws, ordinances, rules, which requires the Eruv
Association to seek approval for the eruv that is
presently being contemplated?
This is a fact witness. He's not an attorney.
The legal arguments and legal positions come through the
attorneys, and I think it is unfair to treat him as an
attorney by asking him a question of this nature.
THE COURT: I'll sustain it.
MR. SUGARMAN: Your Honor --
BY MR. SUGARMAN:
Q Mr. Teller, you are the mayor of Westhampton Beach?
A Yes, I am.
Q In that role, are you familiar with the ordinances
and statutes of your village?
THE COURT: Sidebar.
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(Whereupon, at this time the following took
place at the sidebar.)
THE COURT: Can I have it read back?
(Whereupon, the record was read back by the
reporter.)
THE COURT: What's the objection? He doesn't
understand it?
MR. SOKOLOFF: No, your Honor.
THE COURT: He couldn't know it?
MR. SOKOLOFF: Whether he personally knows or
does not know the ordinances, or thinks he knows or
doesn't think he knows the ordinance, has no relevance to
the legal issues in this case.
THE COURT: I'll allow that question. Limit it,
though. I'll not let you go far astray with it.
(End of sidebar discussion.)
MR. SUGARMAN: Would you read the question back
to the witness so he can answer it?
reporter.)
A Yes, I am.
BY MR. SUGARMAN:
Q So could you point to any section in the village's
laws or ordinances that requires the Eruv Association to
seek approval from The Village of Westhampton Beach for
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279
the eruv that is presently contemplated?
This is the same question your Honor sustained
two minutes ago. Treating a lay witness as an attorney.
The village's position on what laws apply or don't are
made by counsel, not by a lay witness.
THE COURT: And people are supposed to
understand it. So I will accept it under the
circumstances that he's now giving his lay opinion
concerning it, and I'll give it such weight as I feel it
deserves.
Go ahead.
But I'll limit him on further questions on it.
MR. SUGARMAN: Would you read the question back?
reporter.)
THE WITNESS: I don't know of any of our code or
laws that affect the eruv application to us.
THE COURT: I'm sorry, would you repeat that
again? Say it again?
THE WITNESS: I don't know of any laws, codes,
in our village compiled that affect the eruv,
nonapplication or an application.
THE COURT: Okay.
BY MR. SUGARMAN:
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Q Mayor Teller, I put before you what has been marked
as Plaintiffs' Exhibit 19 for identification, and I direct
your attention to page 12 of that document.
Is that your signature under the words "Village
of Westhampton Beach, by Conrad W. Teller"?
A What number is it? 12?
Q Page 12, stamp number 000419 at the very bottom on
the right.
THE COURT: What exhibit are you talking about?
MR. SUGARMAN: Exhibit 19, your Honor.
THE COURT: What page?
MR. SUGARMAN: Page 12, stamped by Verizon as
419 on the bottom right-hand corner.
BY MR. SUGARMAN:
Q My question is, is that your signature?
A Yes, it is.
Q This agreement is one between The Village of
Westhampton Beach and Verizon, correct?
A Pole attachment agreement.
Q And it's between The Village of Westhampton Beach and
Verizon, correct?
A Yes.
Q And it's an agreement to permit The Village of
Westhampton Beach to place holiday banners on Verizon's
poles, correct?
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A To put a banner.
Q A banner?
A On a potential of four poles.
Q Would you look at section 28, which is on page 10 of
the agreement?
And before I do that, that's your signature on
page 10, correct?
THE COURT: I don't see a signature on page 10.
MR. SUGARMAN: It's stamped 0000416 on the
bottom right-hand corner.
A That's my signature, yes.
BY MR. SUGARMAN:
Q Now, section 28, which is on the top of that page,
says: Nothing herein contained shall be construed as a
grant of any exclusive license, right or privilege to
licensee. Licensor shall have the right to grant, renew
and extend the rights and privileges to others not parties
to this agreement, by contract or otherwise, to use any
poles and/or anchors covered by this agreement.
Do you see that?
THE COURT: Whether he sees that or not, I'll
let him answer that.
A I see it, yes.
BY MR. SUGARMAN:
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Q And so you signed an agreement, did you not, that
acknowledged that Verizon had the right to license other
parties to put material on the Verizon poles? Correct?
This is a contract -- this is an agreement for
something else. The mayor said that the sign ordinance in
the village -- he knows of no law in the village that
prevents it.
BY MR. SUGARMAN:
Q So this was an agreement that stated that Verizon had
the authority to grant to other third parties the rights
to put material on the Verizon poles, correct?
THE COURT: Same question; same objection; same
ruling.
MR. SOKOLOFF: First he asked him if he could
read it. Now the next question is, he's asking him to
explain it.
MR. SUGARMAN: I thought I rephrased the
question.
THE COURT: Can you answer the question?
BY MR. SUGARMAN:
Q Can you answer the question?
THE COURT: There's an echo in the courtroom.
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Teller - Cross/Sokoloff
Owen M. Wicker, RPR
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THE WITNESS: Paragraph 28, right?
MR. SUGARMAN: Yes.
THE WITNESS: I see it, yes.
BY MR. SUGARMAN:
Q I know you see it. But my question is, isn't that
paragraph an acknowledgment that Verizon has the power to
grant licenses to others besides Westhampton Beach to put
material on the Verizon poles?
A It appears to be that, yes.
BY MR. SUGARMAN:
Q And is it your understanding as you sit here today
that the East End Eruv Association has received permission
from Verizon to put lechis on the Verizon poles?
A I don't know that for a fact.
MR. SUGARMAN: I have no further questions, your
Honor.
MR. SOKOLOFF: This will be considered part of
my case. I will not recall the mayor.
THE COURT: Yes.
CROSS-EXAMINATION
BY MR. SOKOLOFF
Q Mayor Teller, how many individuals sit on the village
board in Westhampton Beach?
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THE COURT: At this time concerning this issue?
MR. SOKOLOFF: Exactly.
BY MR. SOKOLOFF:
Q How many were on the board?
A Four members and the mayor.
Q Is the mayor part of the board?
A Five of us.
Q Does the mayor have any more than one vote on matters
that come before the village board?
A No, I don't.
Q Does the mayor have a veto power over resolutions,
laws or other matters that are passed by the majority of
the board?
A No, I do not.
Q When you were giving agency, you said, before your
own personal opinion about the eruv, were you speaking on
behalf of any other board members?
A Absolutely not.
Q Were you speaking on behalf of the village as a
whole?
A No, I was not.
Q Do you remember testifying before that before the
village board voted on an application for a proclamation,
the synagogue withdrew the application?
A They withdrew it.
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Q How did you learn that the synagogue withdrew the
application?
A From their attorney.
Q And from that time when the synagogue, through its
attorney -- withdrawn.
Was the attorney who represented the synagogue
Mr. Sugarman, to your knowledge, or somebody else?
A No, it was our attorney.
Q You learned from your attorney that the synagogue had
withdrawn the application?
A Yes.
Q And from the moment that you learned from your
attorney that the synagogue withdrew the application, from
that moment until this very moment, has the East End Eruv
Association or anybody on behalf of it placed anything
before the village board on this issue?
A Absolutely not.
Q Did the village do anything at all on the proposal,
the now proposal by the East End Eruv Association, did the
village do anything about that before the plaintiffs
walked into the clerk's office downstairs here and filed a
lawsuit?
A No, we did not.
Q Has the village board, as currently constituted, met
to discuss the issues that are now raised by the plaintiff
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in this lawsuit?
A No.
Q Take a look at the agreement that Mr. Sugarman
questioned you about, the Exhibit 19 agreement, the pole
attachment agreement.
Do you have that in front of you, or did he take
it back?
I see you have it. Okay.
Now, take a look at paragraph 28. That's the
provision above the signatures on page 10. So page 10,
paragraph 28. That's the paragraph that Mr. Sugarman just
questioned you about.
Do you see that?
A I got it.
Q Okay. Now, it says, quote: Nothing herein contained
shall be construed as a grant of any exclusive license,
right or privilege to licensee. Licensor shall have the
right to grant, renew and extend rights and privileges to
others not parties to this agreement, by contract or
otherwise, to use any poles and/or anchors covered by this
agreement, end quote.
I now want to focus on the last couple of words,
"to use any poles and/or anchors covered by this
agreement."
This was an attachment to poles sought by the
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Owen M. Wicker, RPR
287
village.
If you look at page 11, do you see where it
says, attachment 1, holiday decorations?
A Yes.
Q Do you know in your own mind which poles these
holiday decorations were going to be placed on?
A I believe it was Dune Road, Mill Road and Oak Street.
Q So this provision where it says? To use any poles
and/or anchors covered by this agreement," you understood
those poles to not be anywhere near Dune Road, right?
MR. SUGARMAN: Objection, your Honor. Leading.
BY MR. SOKOLOFF:
Q The poles that are required there, "to use any poles
and/or anchors covered by this agreement" relating to the
holiday decorations, have you heard anything, sitting here
in this case, that any of those poles would have lechis on
them?
THE COURT: I'll allow it. Go ahead.
A No.
MR. SOKOLOFF: Just one minute, your Honor.
(Counsel confers.)
MR. SOKOLOFF: Nothing further.
THE COURT: Anything further by the defense?
MS. LICCIONE: No, your Honor.
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THE COURT: By the plaintiff?
THE COURT: I'm a little confused.
Did I hear you allow to put up Christmas
decorations?
THE WITNESS: These were banners that the
beautification committee --
THE COURT: Were they Christmas decorations?
THE WITNESS: No. They were winter snowflakes.
THE COURT: So you could put up winter
snowflakes.
And how long were they up before you took them
down?
THE WITNESS: They weren't up, I don't think,
more than three weeks. They wanted to charge us. I
wasn't going to pay the bill.
THE COURT: That's the reason you took them
down, though you did consent to put up winter decorations?
THE WITNESS: Winter decorations, holiday
season.
THE COURT: When you say "holiday season," what
holiday season was that?
THE WITNESS: It was coming on to Christmas, New
Year's.
THE COURT: Okay. Any other questions?
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MR. SOKOLOFF: None from me.
(Witness excused.)
THE COURT: How many more witnesses do you have,
Counselor?
MR. SUGARMAN: Two -- three.
THE COURT: How many do the defendants have?
MR. SUGARMAN: Westhampton Beach hasn't
designated, so Southampton has --
MS. LICCIONE: I believe we have four.
THE COURT: Okay. Call your witness.
MR. SOKOLOFF: It's not accurate to say we
haven't designated any witnesses. We have.
THE COURT: You have.
MR. SOKOLOFF: Sure. But I suspect our
testimony will be taken on cross to the plaintiffs' case.
THE COURT: Do you have any witnesses you intend
to call? Yes or no.
MR. SOKOLOFF: It depends on who they call.
THE COURT: Did you list anyone?
MR. SOKOLOFF: Yes, we did.
THE COURT: Because under my rules, if you
haven't listed them, you can't call them.
MR. SOKOLOFF: We listed the exact people that
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Owen M. Wicker, RPR
290
the plaintiffs listed.
THE COURT: Okay. Go ahead.
MR. SUGARMAN: Plaintiffs call Hank Tucker,
H-A-N-K, T-U-C-K-E-R.
H A N K T U C K E R,
as follows:
THE COURT: Have a seat.
Spell your last name, please.
THE WITNESS: Tucker, T-U-C-K-E-R. First name
Hank, H-A-N-K.
DIRECT EXAMINATION
BY MR. SUGARMAN:
Q Mr. Tucker, good afternoon.
Do you presently serve as a trustee of The
Village of Westhampton Beach?
A Yes.
Q For how long have you served in that capacity?
A I just finished -- I'm finishing four years right
now.
Q And you were just reelected for another how long?
A For two more years.
Q Let me show you what's been marked in evidence as
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Is that your signature at the very bottom of the
page?
A Yes, it is.
Q And can you identify the signatures of the others on
this letter?
A I won't speak to their signatures, but it appears
that they did sign it, the other three trustees, yes.
Q So the four trustees, yourself, Mr. Levan,
Mr. Kametler and Ms. Birk?
A Yes.
Q And they all signed the letter?
A Yes.
Q At the time you signed this letter in May of 2009,
you publicly declared that you were opposed to the eruv,
correct?
A Give me something specific when you say 2009.
Q Well, this is May of 2009.
A Okay.
Q And is it not correct that at that time you publicly
had stated your opposition to the eruv?
A I would say that that is not correct.
Personally or as a trustee of the village?
Q Well, you ran for election as a trustee in 2008,
correct?
A No, that is not correct.
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Q 2009?
A Yes, 2009. The election was after this letter, yes.
Q And in connection with your election campaign --
A Okay, yes.
Q -- you did publicly state that you were opposed to
the eruv?
A Yes, but it was under a context that it was under.
Would you like me to --
Q Sure. Put it in context.
A Well, we had an application before us in 2008, and
the application was withdrawn. And at that point in time
we took it seriously. We consulted with counsel. We
consulted with the residents of the village. We consulted
with the applicants.
And at that point in time we were, you know,
under the impression -- not under the impression. We felt
it was not our responsibility as a government to establish
or create any religious boundaries.
And the applicants had told us that it was a
requirement for their application that a governing body
such as us -- I believe I heard testimony earlier today
that a governing body -- or I believe he said the governor
or the town supervisor -- I forgot the third one --
would -- that you need approval of that.
That's the application that was before us as
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Owen M. Wicker, RPR
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trustees and as a whole board of The Village of
Westhampton Beach.
Q But that was in 2008, correct?
A That's correct.
Q And this letter --
A And then it was withdrawn.
Q Yes. And then it was withdrawn, correct?
A Correct.
Q Let me ask you the questions, and then you can answer
them. Okay?
This letter is a year later, in May of 2009,
correct? May 18, 2009?
A That's correct.
Q So the initial application had already been
withdrawn, and now it is a year later. And this letter is
written, signed by each of the trustees to Verizon, saying
that it is the board's understanding that Verizon has
again been discussing with the Hampton synagogue an
agreement which would result in an attachment to the
utility poles.
So now I'm talking about 2009. And you are
running for election in 2009, correct?
BY MR. SUGARMAN:
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Q Right?
A I decided sometime after this to run for reelection,
yes.
Q When you ran for reelection in 2009, you took the
public's position, did you not, that you personally and as
a trustee would oppose the eruv? Correct?
A Actually, at that point in time I would have to say
that I did not take that position. At that point in time
I took the position that I felt that the residents had a
right to oppose an eruv or feel the way they would like
to, and I was there to listen and make a proper judgment
based on everything we heard.
Q (Handing.)
A That's correct.
Q I have a question first. I put before you
Exhibit 21.
That is a campaign flier that you and Ms. Levan
circulated in connection with your election campaign in
2009; is that correct?
A That's correct.
Q On the left-hand side it says, "what we have done,"
and on the right-hand side is "what we will do."
On the left-hand side it says, we, you and
Ms. Levan, putting forth the right to ensure the residents
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have a right to oppose the eruv.
Then on the right-hand side, what we will do, we
will vigorously oppose any effort to oppose an eruv
proclamation from any government official or entity
outside our village. We'll continue to make certain you
have an opportunity to express your views and defend your
right to oppose.
Does that refresh your recollection that in your
campaign you said you would vigorously oppose any effort
to obtain an eruv proclamation from any governmental
official or entity outside the village?
A Well, in the context of what you are asking me, it's
how I answered you before.
First, I stated to you we fought to ensure that
the residents had a right to oppose the eruv. That's my
job as a public official, is to ensure that all our
residents' rights are heard. We look at something while
it is before us.
In terms of the other side, what we will do --
we didn't feel it was our responsibility as a governing
body to be asked to create a religious boundary. And
because of that point, we felt that we would vigorously
oppose any attempt to that.
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296
There was an attempt by the synagogue. They
told us they needed our permission in order to have an
eruv. We sat there for many, many meetings, and we
listened to -- I didn't know what an eruv was. I never
heard of it in my life.
And they came in and they testified. The first
meeting was just to tell us there was an application.
There was a work session, like the mayor had said, that
there was an application, and that application was --
THE COURT: Wait. Wait.
Let me warn you. If you will get into what they
told us and what we thought and what we said, you will
open up the door to everything.
THE WITNESS: Okay. So the answer is --
THE COURT: If you just talk about what you said
and what you thought, that's okay. But if you open up for
others, it will open up the door.
THE WITNESS: We felt --
THE COURT: No. What you felt.
THE WITNESS: I felt it wasn't my responsibility
as a government official to have to be asked to create a
religious boundary. And I also felt that as a government
official, that our responsibility was to uphold our laws
and our codes of our village and to tell us -- or to tell
me that I had to, uhm, be responsible for putting the okay
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297
of a religious boundary in our community, I didn't think
we should have to do that.
And to attempt to go outside our community and
ask other leaders to decide what is best for our
community, I felt that wasn't correct, and that's what I
put down there.
MR. SUGARMAN: I offer 21 in evidence, your
Honor.
(Whereupon, Plaintiff Exhibit 21 was received in
evidence.)
THE WITNESS: And I was running for campaign.
MR. SUGARMAN: I'm sorry?
THE WITNESS: I was running for office.
BY MR. SUGARMAN:
Q And you were trying to get votes from your
constituency, and you told all of them you were opposed to
the eruv. Right?
A It says what I said there, right.
Q And a year later you ran for mayor, correct?
A Yes.
Q At that time you told the voters of Westhampton Beach
that "the eruv will never happen on my watch."
Did you say that?
A Yes, I did.
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298
MR. SUGARMAN: I have no further questions, your
Honor.
CROSS-EXAMINATION
BY MR. SOKOLOFF:
Q Mr. Tucker, I want you to take a look at what is
marked as Exhibit K to the complaint in this matter.
There was some testimony about it earlier today.
This is a letter dated October 19th, 2008, from
Robert Sugarman to Conrad Teller, Toni-Jo Birk, James
Kametler, K-A-M-E-T-L-E-R, Joan Levan and Hank Tucker.
Take a look at that.
Did you receive that letter from Mr. Sugarman?
Take a moment.
A Yes.
Q Now, on October 19th, 2008, Mr. Sugarman says, there
are two requirements under Jewish law in order for an eruv
to be valid. First, there must be a proclamation
delineating and renting the area for use as an eruv from a
public official whose jurisdiction includes the area in
which the eruv is to be constructed.
MR. SOKOLOFF: I haven't asked a question.
THE COURT: He hasn't asked a question. It's a
long introduction, but go ahead.
BY MR. SOKOLOFF:
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299
Q How did you feel as a trustee of a civilian
government giving a religious proclamation as described by
Mr. Sugarman?
THE COURT: That's okay. Go ahead.
A I felt that there was no place -- and this was as we
discussed with counsel --
BY MR. SOKOLOFF:
Q Well, don't say what was discussed with counsel. I
just want to know what your thoughts were.
A My thoughts were simply that it was not proper for a
government to establish religious boundaries. And
according to their own laws, they were requesting us to
establish a religious boundary, and that they needed our
blessing and a proclamation from our village.
Q And it was -- the first time that you heard that the
plaintiffs said they don't need a proclamation from the
village, is the first time you ever heard that in this
courtroom?
A Yes. I was very surprised.
Q And when you were giving your public position on the
eruv, as you testified to in response to what Mr. Sugarman
asked you, and when you wrote the campaign literature, was
it in your mind that what they wanted was a proclamation
from the government?
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300
A That was absolutely the whole basis of their
application and their request, yes.
Q And regardless of whether they want a proclamation or
don't want a proclamation, and whatever thoughts you said
publicly to this minute, has there been an application
made to The Village of Westhampton Beach for the eruv that
is depicted on the map to your right?
A No.
BY MR. SUGARMAN:
Q Mr. Tucker, you just acknowledged even though you
were surprised that the eruv doesn't need your blessing,
doesn't need the permission of the village, and despite
that -- and that was the basis on which you said you
didn't want to give a religious approval. Despite the
fact that the Eruv Association doesn't need your blessing,
doesn't need your permission, you are still today opposing
the eruv; is that correct?
A If another application came before me as a trustee, I
would consult with counsel. And if things have changed as
you state they have now, I would consult counsel, and I
would consult the board. And we would discuss it, and we
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would be as fair as we always have been.
BY MR. SUGARMAN:
Q That wasn't my question.
My question was: Now that you are aware --
surprised as you were -- that the Eruv Association is not
asking for your blessing and not asking for the village's
permission, you are still opposing the eruv, and it will
not happen on your watch?
A I haven't testified --
THE COURT: Wait. Wait. Your lawyer made an
objection, and I have to rule.
I'm overruling.
Now go ahead.
THE WITNESS: Okay.
A You are asking me for a personal opinion right now?
Because I have no application before us. Since
that application was withdrawn, we in fact -- at that
point in time, we asked for an informative session for the
residents to hear and learn more about what it was about.
I mean, since then, if the only other thing that
occurred was a letter which came across our desk about
Verizon, which we just discussed, where all we did was
tell Verizon that if -- you know, we acknowledge the fact
that Verizon had stated that if there was -- well
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302
(perusing), that Verizon acknowledges the fact that since
the time of the village had received no request for
approval of utility pole attachments, in the event such
request will be received, it will be received in
accordance. It will be received in accordance with
village regulations and procedures, and you will be
notified of the board's decision forthwith.
Q Mr. Tucker --
A And it also says: Please contact immediately if our
understanding of Verizon's position with respect to
utility pole attachments in paragraph 2 is not correct.
Q Mr. Tucker, your opposition, as you've explained it
here in court today, is based on your view that you didn't
think it appropriate for The Village of Westhampton Beach
to declare any part of the village a religious area. Is
that what you are saying?
A To create a religious boundary, that's what I said.
Q Religious boundary.
A Based on the application that was before us.
Q Well, and the reason you felt that way, you didn't
want The Village of Westhampton Beach to be creating a
religious boundary, correct?
A Yes.
Q Okay. So if The Village of Westhampton Beach is not
being asked to do anything, not being asked for a
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303
proclamation, not being asked for approval, not being
asked for anything, then there wouldn't be any action by
Westhampton Beach to create a religious boundary, would
there?
A Then why are we all here?
BY MR. SUGARMAN:
Q It's a very good question.
Why is Westhampton Beach here if you are taking
the position that the only opposition you have is to
creating a religious boundary when there is no provision
for the village to be asked, there is no provision for the
village to approve? And indeed, the Eruv Association made
it clear that the village is not going to be asked.
So why is it that you, having said that you are
only opposed to this because you don't want the village to
create a religious boundary, why is it that knowing all of
that, you still oppose the eruv?
A Well, I mean, I don't think I've sat here and said
that right now that I oppose the eruv. That has not come
out of --
THE COURT: What has changed in the application,
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304
if there was an application?
THE WITNESS: We don't have any other
application.
THE COURT: Well, you heard the testimony here.
It's a very minor change, aren't they?
MR. SOKOLOFF: No.
THE WITNESS: No.
THE COURT: Do you want to come under oath and
testify?
MR. SOKOLOFF: That's not accurate, Judge.
THE COURT: What were you going to say? I'll
let you ask it if you want to.
THE WITNESS: Kind of lost the question there.
It was long. I'm sorry.
THE WITNESS: I mean, I think you were asking
me, then, why am I opposed to it now.
First of all, I don't know until this point as
to why it has changed from requiring -- because that was
the whole thing that we were -- that we were introduced to
and educated on, was the fact you did need the blessings
of the community at large in order to have an eruv. And
when -- so that was really a major portion as to what you
had even stated in the document, in that letter to us. So
it never came before us.
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And I know what you are saying, your Honor, that
today I'm hearing stuff. But as a village official, I
can't go based on something that I hear today has changed.
There is legal counsel that has to be discussed
with things. There are state laws and county and town
laws. We're a municipality within a town, within a
county, within a state.
So, you know, if you are going to ask me how I
feel now, I mean, show me an application, and then I would
comment on it.
MR. SOKOLOFF: I have nothing.
MR. SOKOLOFF: Nothing further, I meant.
MR. SUGARMAN: Your Honor, as I mentioned the
last time, I have a flight this evening to Israel. My
colleagues, Mr. Mishkin and Mr. Buchweitz, will continue
for the rest of today and tomorrow.
THE COURT: We'll continue tomorrow.
MR. SOKOLOFF: Excuse me?
THE COURT: We'll continue tomorrow.
MR. SUGARMAN: Mr. Buchweitz and Ms. Mishkin
will do it tomorrow.
We have one more witness which will be short,
and Ms. Mishkin will conduct it.
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306
THE COURT: Who is the witness?
MR. SUGARMAN: Debbie Pollack, Village of the
East End Eruv Association --
THE COURT: Why can't we do it tomorrow?
MR. SUGARMAN: She's here today. I assume she
cannot do it tomorrow. She has appointments.
THE COURT: Where is Debbie?
MS. POLLACK: I am here. Your Honor, I already
left and came back.
THE COURT: Take the stand.
MS. LICCIONE: Excuse me, your Honor. Is
Ms. Pollack the last witness today?
THE COURT: Yes.
D E B O R A H P O L L A C K,
as follows:
THE COURT: Tell us your name and spell it.
Talk into the mike, and spell your name, please.
THE WITNESS: My name is Deborah, D-E-B-O-R-A-H.
Pollack, P-O-L-L-A-C-K.
DIRECT EXAMINATION
BY MS. MISHKIN:
Q Where do you currently reside?
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307
A 85-32 Wicklow, W-I-C-K-L-O-W, Place, Jamaica Estates,
New York.
Q Do you have any other home addresses?
A Yes, I do. I have another home in Westhampton at
21 Bishop Avenue.
Q Is Westhampton part of any larger municipality?
A I believe it is part of Southampton, the Town of
Southampton.
Q Can you tell us just a little bit about your
educational background?
A I'm an attorney. I practiced law for a number of
years. I graduated from NYU school of law. I teach law
nowadays.
Q Where do you teach law?
A I teach law at St. John's University at the College
of Business.
Q What kind of law do you teach?
A Business law. Contract, business law.
Q How long have you had the house in Westhampton?
A As of the summer, it will be 14 years.
Q Who lives you with at the address in Westhampton?
A My family. My daughters and my husband. And my
mother comes to visit nowadays.
Q May I draw your attention to the map to your right
marked as Plaintiffs' Exhibit 1?
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A Okay.
Q Can I ask you to identify your house on that map?
A Okay. My house is located right over here. I guess
the official name of the house is Wexelbaum.
THE COURT: Wexelbaum is it.
THE WITNESS: It's Westhampton. What I
understand is, the white part is Westhampton.
THE COURT: What is the name of that?
THE WITNESS: So -- or post office address is 21
Bishop Avenue, but apparently on the map it has a
different name.
THE COURT: Okay.
MS. LICCIONE: Your Honor, if I might clarify,
there's a Village of Westhampton Beach, and there's the
Westhampton hamlet which is unincorporated, which is in
the Town of Southampton.
THE COURT: I've only lived in Suffolk County
for 62 years, but go ahead. Thank you for that
information. I'd never know it on my own.
MS. MISHKIN: I'd ask Ms. Pollack to mark on the
map where her home is.
THE WITNESS: Putting an X on the chart
(indicating).
Is that okay?
BY MS. MISHKIN:
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309
Q Ms. Pollack, are you a member of the East End Eruv
Association?
A Yes, I am.
Q When did you join the East End Eruv Association?
A Approximately one and a half to two months ago.
Q What caused you to join?
A I was having a conversation with Alan Schechter, who
is a member of it. I was asking him what is happening to
the eruv. He was talking about the Eruv Association. I
really wasn't aware there was one. So once I found out
there was an association, I asked if I could join it, and
I became a member.
Q Ms. Pollack, what is the importance of the eruv to
you?
A It is significant. We're Sabbath observers. We're
strict about our observance, and we do not carry outside
of our home on Sabbath without an eruv.
Q That --
A It has been significant for us over the years because
over time my mother, for example, who is very often with
us on weekends and has trouble walking --
THE COURT: Let's get to the issue, please. She
said she was a member and she does observe it. So let's
move on.
BY MS. MISHKIN:
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Q How does the absence of the eruv impact on you?
I think we've heard enough on the subject, and
she's a member and we accept that.
BY MS. MISHKIN:
Q At the time you purchased the house in Westhampton,
you knew there was no eruv?
A Correct.
Q Why do you require an eruv now when there hasn't been
one before?
MR. SOKOLOFF: Objection. This was just
sustained.
THE COURT: Repeat the question. I didn't hear
it.
BY MS. MISHKIN:
Q Why do you require an eruv now when there wasn't one
before?
THE COURT: We've heard it.
And does it apply to Southampton, Westhampton
Beach, too, so we don't have to listen? Do you concede
that?
MR. SOKOLOFF: Do I concede that?
THE COURT: Yes.
MS. LICCIONE: Do I concede what? I'm sorry.
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311
THE COURT: If it has an effect upon this
person, and since there are three separate cases, it
affects them the same way.
MR. SOKOLOFF: No, I will not concede it.
MS. LICCIONE: Nor will I.
THE COURT: Good.
Ask the question.
BY MS. MISHKIN:
Q Ms. Pollack, why do you require the eruv now when you
lived without one before?
A We bought the house 14 years ago, and circumstances
have changed over the years. When we first bought the
house, we weren't sure how we would use it or enjoy it.
We spent a significant amount of time in it.
So what happened over the years, we've aged.
And most significantly, my mother aged. And she can't get
to the synagogue or even around the block without a cane
or a wheelchair. So, basically, she is landlocked within
our house for the weekend.
It presents a number of personal difficulties to
us both in walking to synagogue and what we can carry
there, and as well as walking to town for an afternoon
walk.
For example, when it is very hot outside, you
can't carry a bottle of water. I can't carry a tissue
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with me. If they leave a newspaper and it lands outside
of our property, we can't pick it up. If a ball flies
outside of our yard, we can't get it.
It implicates us in minor and major ways, and
it's a nuisance that impacted us.
Q Has the absence of an eruv impacted any other members
of your family?
A So I was --
THE COURT: I was willing to cut it all out.
MR. SOKOLOFF: My objection is, she is talking
about somebody else.
THE COURT: Members of the family. I'll allow
it.
Go ahead.
You don't think she has knowledge of her own
family.
MR. SOKOLOFF: I don't know that the Federal
Rules of Evidence allow her to testify to it.
THE COURT: Yes, they do. I know the rules of
evidence.
Go ahead.
THE WITNESS: Well, I have now a daughter or
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313
daughters who are no longer little children, and they want
their high heels in synagogue for vanity reasons. They
can't carry to synagogue. We're a mile away. So that is
quite a lengthy walk, especially when it is hot outside.
My husband, for example, who probably goes to
synagogue way more often than I do, can't carry a raincoat
if the weather is pressing. Sometimes at night he's
walking through the streets, and he wants to carry
something that he can be seen in the dark, and he can't
carry it. If he forgets his prayer shawl, he can't bring
it with him.
THE COURT: All right. Can we move ahead?
MS. MISHKIN: Thank you.
THE WITNESS: Thank you very much. I'm sorry.
CROSS-EXAMINATION
BY MR. SOKOLOFF:
Q How many members are there in the East End Eruv
Association?
MR. BUCHWEITZ: Your Honor, I object.
A I have no idea.
BY MR. SOKOLOFF:
Q At the time that you joined the East End Eruv
Association, were you aware of the dimensions of the
lechis that the organization claimed it needed?
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A I really don't know the details of the lechis. I
never even heard about the concept. I know, obviously,
about the eruv, but I didn't know about the details that
went into it beforehand.
Q Well, when you joined, was there any kind of contract
between the organization that you joined and Verizon?
A I was told for years that we have permission to put
up the eruv, but I didn't know about the specifics of any
contract.
Q Somebody told you that for years you had permission
to put up the eruv?
A Well, I was in synagogue when Governor Patterson
appeared regarding permission to put up the eruv, so I
assumed we had permission.
Q When did that happen?
A About three years ago.
Q Did the governor do that in writing?
A No. He appeared before the audience and said, you
have permission to set up an eruv.
Q Did the governor say why he had the authority to say
that you had the authority from the governor?
A I don't remember.
Q This is the governor who appeared at the synagogue?
A Correct.
Q Which synagogue is that?
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A The Westhampton synagogue.
Q Did anyone in the synagogue keep any records of any
discussion that was had with the governor when he appeared
in the synagogue?
A It was on the Sabbath. Nobody would have kept
records.
Q Did anybody make any records after Shabbos was over?
A I wouldn't know.
Q Do you have any -- withdrawn.
Do you have any personal understanding of what
constitutes a valid eruv?
A From what I understand, it uses boundaries, natural
boundaries and wires, to enclose a space. But I'm not an
expert in this area at all.
Q Well, to whom would you turn to find out that the
eruv that you want to carry things within is a valid eruv?
Who is your authority?
A If the eruv committee says the eruv is good or a
rabbi says the eruv is good, I would comply with that.
Q You said the eruv committee?
A Or a rabbi. If somebody authorized it for me.
Q Does the East End Eruv Association have a rabbinical
advisor?
A I would assume they would not put up an eruv without
a rabbinical advisor.
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Q You don't know?
A Who the rabbinical advisor is?
Q Yes.
A I don't know the name offhand. I was told they were
using a rabbi to help plan the eruv, but I don't know his
name.
Q Well, did you ever meet with that rabbi?
A No.
Q Are you aware -- withdrawn.
At any time since you became a member of the
East End Eruv Association, has the dimensions or the
outline of the contemplated eruv changed?
MR. BUCHWEITZ: Objection. It has been on the
record again and again.
BY MR. SOKOLOFF:
Q In the past month, did the East End Eruv Association
sign a new contract with Verizon?
MR. BUCHWEITZ: Same objection.
THE COURT: I don't think she was called for
that purpose, and I don't think she knows.
If you want, go ahead, Counsel.
A Well, I heard things while in court today, you know,
sitting outside, but I have no idea.
MR. SOKOLOFF: I have no further questions.
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8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Pollack - Cross/Liccione
Owen M. Wicker, RPR
317
MS. LICCIONE: I just have a few.
THE COURT: They have to be good ones.
MS. LICCIONE: I'll do my best.
THE COURT: Good dreams.
CROSS-EXAMINATION
BY MS. LICCIONE:
Q I believe you teach at the Tobin School of Business?
A Hilton College of Business.
Q That's the college, not the law school?
A Correct.
Q So you do not teach at the law school?
A I do not.
Q Have you attended any meetings of the East End Eruv
Association since you've been a member?
A No.
Q Have -- so you haven't enacted any resolutions or
anything?
A No.
Q Now, I think you -- well, withdrawn.
Are you able to walk to synagogue?
A Personally?
Q Yes, you personally.
A Generally, yes. Recently it has been more difficult,
but generally, yes.
Q Now, I think you testified that your husband goes to
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Owen M. Wicker, RPR
318
synagogue more often than you?
A Correct.
Q So you don't go every Saturday?
A I go -- my husband goes Friday nights, and he also
goes later Saturday afternoon. Usually I go Saturday
morning.
Q Now, your primary residence is in Jamaica Estates; is
that correct?
A Yes.
Q Are there any eruvs there?
A Yes.
Q And you don't vote in Suffolk County, do you?
A No, I do not.
Q You vote in Jamaica Estates?
A Correct.
Q Now, help me understand this. You are prohibited
from doing certain things on the Sabbath?
A Correct.
Haven't we heard that from other witnesses?
BY MS. LICCIONE:
Q And that's a function of -- not of any law of the
Town of Southampton but of Jewish law --
Q Does the Town of Southampton prohibit your daughters
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Owen M. Wicker, RPR
319
from carrying their shoes?
Q So help me understand this. With an eruv in place,
you are permitted to do things --
THE COURT: Sustained. I've already sustained
that. We've gone through it with all the other witnesses.
We don't have to go through it with her.
Q Did you purchase your home in Westhampton in 1997?
A Correct.
Q On what basis did you testify that your home is about
a mile from the synagogue?
A We measured it on numerous occasions. And we do walk
to synagogue, so the distance was relevant to us.
Q Can you tell the Court what route you take?
A Yes. We walk down Bay Crest to South Road, and we
make a left on Library Avenue. And we cross over by the
circle and walk straight to the synagogue, a short block.
MR. SOKOLOFF: Thank you.
BY MS. LICCIONE:
Q Are there sidewalks through that whole area?
MS. LICCIONE: It is relevant whether it can
be --
THE COURT: Whether it's a mile, a little less
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Pollack - Cross/Spellman
Owen M. Wicker, RPR
320
than a mile, there is pavement, there is not --
MS. LICCIONE: With respect to the issue whether
anything can be pushed or not.
MS. LICCIONE: Thank you. Nothing further.
MR. BUCHWEITZ: Your Honor, I object to the
lawyer from Quogue questioning. The testimony was held
last week.
THE COURT: We tried the case last week with the
lawyer from your office who left. Now you want to ask
some questions?
MR. SPELLMAN: Of this witness.
MR. SPELLMAN: It will not be long.
THE COURT: I don't know.
MR. SPELLMAN: If I say it will not be long, it
will not be long, your Honor.
THE COURT: We'll see.
CROSS-EXAMINATION
BY MR. SPELLMAN:
Q Ms. Pollack, do you have familiarity with this lechi?
A No.
Q You don't know what they are?
A It was described to me recently, but I'm really not
familiar with it.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
Owen M. Wicker, RPR
321
Q How recently, ma'am?
A It was after I joined the association. Very
recently. About a few weeks ago.
Q So do you have any opinion as to whether or not a
lechi communicates a concept to people who are familiar
with it or who see it?
MR. BUCHWEITZ: Objection.
MR. SPELLMAN: Thank you. Those are all the
questions I have, your Honor.
MR. BUCHWEITZ: No further questions.
MS. MISHKIN: No further questions.
See you tomorrow at 9:30.
(Witness excused.)
(Whereupon, the proceedings were adjourned until
Tuesday, June 28, 2011.)
Owen M. Wicker, RPR
322
I-N-D-E-X
W-I-T-N-E-S-S-E-S
M O R R I S T U C H M A N
139
DIRECT EXAMINATION
BY MR. SUGARMAN
139
CROSS-EXAMINATION
BY MR. SOKOLOFF
CROSS-EXAMINATION
BY MS. LICCIONE:
167
BY MR. SUGARMAN
184
RECROSS-EXAMINATION
BY MR. SOKOLOFF:
185
W I L L I A M B A L C E R S K I 189
DIRECT EXAMINATION (cont'd)
BY MR. SUGARMAN
189
CROSS-EXAMINATION
BY MR. SOKOLOFF
197
CROSS-EXAMINATION
BY MS. LICCIONE
211
BY MR. SUGARMAN
225
RECROSS-EXAMINATION
BY MR. SOKOLOFF
228
RECROSS-EXAMINATION
BY MS. LICCIONE
229
T I M O T H Y L A U B E 231
DIRECT EXAMINATION
BY MR. SUGARMAN
231
CROSS-EXAMINATION
BY MR. SOKOLOFF
240
BY MR. SUGARMAN
242
A N N A T H R O N E - H O L S T 244
DIRECT EXAMINATION
BY MR. SUGARMAN
244
CROSS-EXAMINATION
BY MS. LICCIONE:
262
BY MR. SUGARMAN
267
C O N R A D T E L L E R 268
DIRECT EXAMINATION
BY MR. SUGARMAN
268
CROSS-EXAMINATION
BY MR. SOKOLOFF
283
H A N K T U C K E R 290
Owen M. Wicker, RPR
323
DIRECT EXAMINATION
BY MR. SUGARMAN
290
CROSS-EXAMINATION
BY MR. SOKOLOFF
298
BY MR. SUGARMAN
300
D E B O R A H P O L L A C K 306
DIRECT EXAMINATION
BY MS. MISHKIN:
306
CROSS-EXAMINATION
BY MR. SOKOLOFF
313
CROSS-EXAMINATION
BY MS. LICCIONE:
317
CROSS-EXAMINATION
BY MR. SPELLMAN
E-X-H-I-B-I-T-S
320
Plaintiffs' Exhibit 10 was received in
evidence
190
Plaintiffs' Exhibit 27 was received in
evidence
193
Plaintiff Exhibit 21 was received in evidence 297
Defendant's Exhibit I was received in
evidence
176
Defendant's Exhibit O was received in
evidence
180
Defendant Southampton Exhibit P was received
in evidence
214
'
'04 [1] - 232:9
'08 [1] - 233:11
0
0000416 [1] - 281:9
000419 [1] - 280:7
1
1 [7] - 147:18; 149:2;
155:5; 258:17; 262:13;
287:3; 307:25
10 [15] - 163:10;
189:23; 190:11, 15;
197:24; 201:7; 259:18;
281:4, 7-8; 286:10;
290:25; 323:11
100 [1] - 137:6
10153 [1] - 136:15
10th [4] - 207:22;
221:1, 15; 222:12
11 [1] - 287:2
11-0213 [1] - 136:4
111 [1] - 136:19
11530 [1] - 137:2
11590 [1] - 136:24
11722 [1] - 137:6
11787 [1] - 136:20
1180 [1] - 137:6
11th [4] - 220:14;
221:4, 16; 222:13
12 [6] - 201:21, 23;
280:3, 6-7, 12
12:35 [1] - 223:21
12th [2] - 221:25;
222:13
13 [1] - 196:15
13.13 [2] - 199:10, 18
139 [2] - 322:3
13th [1] - 199:7
14 [2] - 307:20; 311:11
15 [2] - 163:11; 225:24
167 [1] - 322:6
16th [3] - 193:11;
207:20, 24
176 [1] - 323:15
18 [3] - 235:23; 293:12
180 [1] - 323:16
184 [1] - 322:7
185 [1] - 322:8
189 [2] - 322:9
18th [2] - 190:2; 207:8
19 [3] - 280:2, 10;
286:4
19.19 [3] - 223:5, 10;
226:12
190 [1] - 323:11
193 [1] - 323:12
197 [1] - 322:11
1988 [1] - 262:25
1991 [1] - 271:15
1993 [2] - 263:3;
271:15
1997 [1] - 319:8
1999 [1] - 263:7
19th [3] - 158:7;
298:8, 15
2
2 [9] - 163:23; 224:8;
225:9; 227:13, 16;
250:10; 260:1; 302:11
20 [2] - 179:17; 203:5
2004 [2] - 240:14
2006 [2] - 240:14;
241:3
2007 [2] - 262:19
2008 [30] - 140:3, 6,
17; 154:22; 156:18, 25;
157:4, 7; 158:7;
165:16; 181:4; 205:24;
206:10; 232:23; 240:14;
241:3, 5; 243:11;
262:20; 269:11; 272:5,
21; 273:9; 274:8;
277:3; 291:23; 292:10;
293:3; 298:8, 15
2009 [17] - 190:3;
206:10; 207:8; 262:11,
19-20; 291:13, 16-17;
292:1; 293:11, 21-22;
294:4, 20
2010 [8] - 193:11;
196:22; 197:5, 14;
207:20, 22, 25; 262:13
2011 [7] - 136:8;
179:21; 180:10; 181:2;
199:7; 221:25; 321:17
21 [7] - 162:12;
294:17; 297:7, 10;
307:5; 308:9; 323:13
211 [1] - 322:12
214 [1] - 323:17
225 [1] - 322:13
228 [1] - 322:14
229 [1] - 322:15
231 [2] - 322:16
240 [1] - 322:17
242 [1] - 322:18
244 [2] - 322:19
25 [2] - 195:10; 219:3
25.25 [1] - 223:16
25.26 [1] - 223:17
262 [1] - 322:21
267 [1] - 322:22
268 [2] - 322:23
26th [2] - 196:21;
197:5
27 [12] - 136:8; 193:8,
17; 194:9, 17; 212:2,
4, 6; 245:4; 249:10;
251:21; 323:12
28 [6] - 281:4, 13;
283:1; 286:9, 11;
321:17
283 [1] - 322:24
290 [2] - 322:25; 323:1
297 [1] - 323:13
298 [1] - 323:2
2:00 [1] - 230:13
3
3 [23] - 158:9; 184:13,
18; 185:18, 21; 187:25;
198:21; 199:18; 201:1;
209:2; 216:25; 220:9,
11; 222:4; 223:6;
224:4; 226:6, 10-11;
228:5, 14, 24; 264:20
30 [4] - 246:15, 24;
249:1; 252:22
300 [2] - 137:1; 323:3
306 [2] - 323:4
313 [1] - 323:5
317 [1] - 323:6
32 [1] - 264:10
320 [1] - 323:7
330-200 [3] - 252:23;
254:7; 256:18
330-202 [1] - 259:10
330-203 [1] - 259:2
330-208 [1] - 259:6
34 [1] - 173:18
35 [1] - 169:3
355 [1] - 136:24
38 [1] - 149:22
4
4 [10] - 206:22; 207:9,
11, 13; 208:8; 210:8;
211:4; 246:19, 24;
249:1
40 [4] - 163:9; 164:4;
165:6; 208:17
OWEN WICKER, RPR
1
40-inch [1] - 164:1
419 [1] - 280:13
494 [1] - 159:19
5
5 [4] - 224:11; 256:17;
258:9
50 [1] - 136:19
501 [1] - 202:6
6
6 [2] - 258:8, 13
62 [1] - 308:18
631 [1] - 137:7
7
7 [1] - 265:3
704 [1] - 270:20
712-6102 [1] - 137:7
75 [1] - 149:21
767 [1] - 136:14
78 [1] - 172:2
8
8 [1] - 235:14
8019 [1] - 186:22
830 [1] - 270:20
85-32 [1] - 307:1
872 [1] - 159:19
887 [1] - 159:20
89 [1] - 152:1
9
9.1 [1] - 218:1
9:30 [2] - 136:9;
321:14
A
A-1 [1] - 252:25
A-2 [1] - 264:13
a.m [1] - 136:9
able [2] - 153:24;
317:20
absence [2] - 310:1;
312:6
absolutely [8] -
143:2, 25; 151:19;
168:23; 183:4; 284:18;
285:17; 300:1
accept [3] - 249:24;
279:8; 310:5
accepts [1] - 160:16
accidents [1] - 256:22
accommodate [3] -
226:16; 227:12; 229:8
accommodates [1] -
226:20
accordance [3] -
203:3; 302:5
according [4] -
160:24; 203:24; 246:8;
299:13
accordingly [3] -
194:4; 197:9; 245:15
accurate [8] - 146:11;
149:3; 150:1, 21;
157:18; 255:9; 289:13;
304:10
acknowledge [1] -
301:24
acknowledged [2] -
282:2; 300:12
acknowledges [1] -
302:1
acknowledgment [1] -
283:6
Act [1] - 214:25
action [8] - 154:25;
194:8; 195:2, 6; 216:3;
260:11; 303:2
activities [2] -
178:20; 179:2
actual [3] - 145:25;
146:23; 149:20
ad [9] - 233:22, 25;
234:3; 235:4, 15, 22;
236:2, 5
add [3] - 194:5;
272:22, 24
added [1] - 272:25
addition [2] - 139:8;
224:16
address [5] - 202:10;
211:10; 217:16; 307:21;
308:9
addressed [1] - 193:12
addresses [1] - 307:3
adequacy [1] - 226:16
adequate [1] - 227:11
adjourned [1] - 321:16
administration [1] -
263:25
admissible [1] - 145:4
admit [2] - 148:8;
161:12
adopted [2] - 181:8;
247:23
advance [1] - 245:23
adversely [1] - 253:16
advertising [1] -
263:2
advise [2] - 171:5;
245:23
advised [1] - 225:23
advisor [3] - 315:23,
25; 316:2
aesthetically [1] -
264:18
affairs [1] - 263:24
affect [3] - 253:24;
279:18, 22
affects [1] - 311:3
affirm [1] - 231:11
affirmed [1] - 139:22
affix [1] - 152:23
affixed [1] - 242:11
afternoon [7] - 182:1;
211:24; 262:8; 268:25;
290:15; 311:22; 318:5
aged [2] - 311:15
agency [1] - 284:15
agenda [7] - 166:3, 10,
13; 272:22, 24; 273:2,
5
ago [15] - 148:2;
156:19; 164:12, 21;
174:19; 179:7, 18;
211:12; 236:15; 279:4;
309:5; 311:11; 314:16;
321:3
agree [5] - 139:8;
173:22; 243:9; 258:20;
259:25
agreed [1] - 211:3
agreeing [1] - 271:23
agreement [93] -
184:14; 185:15, 19;
197:8; 198:23; 199:1,
6, 10, 16, 22; 200:15,
25; 201:7, 11, 14,
18-19, 25; 202:18, 20;
203:4, 11; 204:6, 15;
205:10, 13, 18; 206:4,
6-7, 11, 13, 18, 25;
207:1, 3, 9, 11, 16,
18, 21; 208:4, 8;
209:1, 5; 215:6; 217:4,
8, 10-11, 15, 18, 20;
218:2, 15; 221:7, 12,
15; 222:1, 3, 8, 12,
19, 24; 223:2, 7;
226:4; 228:5, 25;
229:7, 12-13; 280:17,
19, 23; 281:5, 18-19;
282:1, 5, 11; 286:3-5,
19, 21, 24; 287:9, 15;
293:19
agreements [2] -
143:24; 245:21
agrees [1] - 261:13
ahead [40] - 140:14;
142:9; 145:7; 146:17;
147:14; 151:6; 160:17;
161:23; 165:3; 171:2;
174:10; 184:5; 191:10;
196:13; 214:9; 219:6;
225:4; 227:24; 228:23;
233:9, 14; 234:10, 16;
238:23; 242:23; 243:1;
244:13; 255:12; 267:10;
279:12; 287:19; 290:2;
298:24; 299:5; 301:14;
308:18; 312:17, 24;
313:12; 316:22
aided [1] - 137:10
AIDS [1] - 264:3
al [2] - 136:4, 8
Alan [2] - 170:9; 309:7
allow [32] - 164:24;
188:6; 191:9; 192:4;
193:3; 194:25; 200:2,
12; 205:22; 210:16;
215:18; 216:17, 20;
219:5; 220:5; 222:11;
224:16; 229:2; 239:15,
17, 20, 24; 260:6;
271:17; 274:23; 276:6;
278:14; 287:19; 288:4;
312:15, 21; 313:20
allowances [1] - 259:9
allowed [3] - 216:22;
228:12; 270:6
allowing [3] - 160:14;
200:23; 263:21
almost [1] - 223:20
alternative [1] -
263:20
Amendment [1] - 237:1
amortization [1] -
259:9
amount [2] - 170:20;
311:14
anchors [5] - 281:19;
286:20, 23; 287:9, 15
animus [2] - 236:24;
237:3
ANNA [1] - 244:8
Anna [2] - 243:25;
244:8
annexed [2] - 157:20;
160:25
announce [1] - 251:2
OWEN WICKER, RPR
2
announcing [1] -
238:25
annually [1] - 238:24
answer [37] - 141:24;
142:3, 9; 146:6, 22;
151:7; 160:11, 23;
163:5; 167:5; 179:19;
182:25; 194:13; 206:16;
235:9; 237:23; 245:8;
248:10; 249:4, 8,
23-24; 250:15; 254:4,
11-12, 14-15; 276:9;
278:18; 281:23; 282:22,
24; 293:9; 296:14
Answer [1] - 146:22
answered [10] -
145:19; 163:3; 166:14;
167:13; 185:1; 200:10;
250:12; 274:13; 276:16;
295:15
Anti [1] - 173:12
anti [1] - 237:3
Anti-Defamation [1] -
173:12
anti-orthodox [1] -
237:3
apologize [2] - 213:4;
251:17
Appeals [1] - 220:3
appear [2] - 231:23;
235:11
appearance [1] - 265:4
APPEARANCES [1] -
136:13
appearances [1] -
138:4
appeared [7] - 233:22;
235:4; 265:18; 314:13,
18, 23; 315:3
appearing [1] - 215:20
applicant [3] -
218:19; 220:1; 257:11
applicants [2] -
292:14, 19
application [69] -
140:7, 12, 17; 141:12,
16-17; 142:12; 155:16;
156:2, 16; 165:17, 19,
21-22; 166:6; 167:9;
169:6; 171:12; 191:13;
199:11, 16, 24; 200:3,
8, 14, 21; 203:5;
205:14; 208:2; 220:12;
222:7, 23; 241:25;
251:13; 252:2; 260:9;
266:11; 269:12, 16, 23,
25; 275:13; 277:1;
279:18, 23; 284:23;
285:2, 10, 13; 292:10,
20, 25; 293:14; 296:7,
9; 300:2, 5, 22;
301:17; 302:19; 303:25;
304:1, 3; 305:9
applies [1] - 204:19
apply [3] - 261:6;
279:5; 310:20
appointments [1] -
306:6
approach [2] - 148:4;
206:20
approached [1] -
163:19
appropriate [7] -
161:8; 197:8; 226:25;
250:15; 267:16; 302:14
appropriately [1] -
146:7
approval [12] - 193:2;
208:4; 218:17-19;
276:20; 277:10; 278:25;
292:24; 300:16; 302:3;
303:1
approve [6] - 143:2;
166:9; 191:12; 192:3;
272:22; 303:14
approved [1] - 166:1
April [2] - 183:11;
233:18
area [25] - 148:8, 13,
19-20; 149:24; 152:20;
158:23, 25; 159:13, 15;
160:4; 173:1, 6, 8;
179:2, 5; 237:5; 259:8;
262:25; 298:18; 302:15;
315:14; 319:21
arguments [1] - 277:14
art [1] - 140:12
article [2] - 236:1;
259:8
articles [3] - 142:16;
206:1, 3
Asik [1] - 165:1
asphalt [2] - 149:20,
23
assist [1] - 264:3
Association [57] -
143:24; 159:12; 169:6;
170:3; 191:13; 194:19;
198:24; 199:15; 207:4,
12, 17, 19, 21; 208:3,
19, 23; 209:7, 11, 16;
210:2, 13; 211:11, 15;
214:17; 215:23; 221:8,
13; 224:16; 225:17, 19,
23, 25; 226:2, 10;
227:17; 229:11; 244:17;
276:20; 277:10; 278:24;
283:14; 285:15, 19;
300:17; 301:5; 303:14;
306:3; 309:2, 4, 9;
313:18, 24; 315:22;
316:11, 17; 317:14
association [4] -
197:11; 252:3; 309:11;
321:2
Associations [1] -
227:5
ASSSOCIATION [1] -
136:3
assume [4] - 142:20;
221:18; 306:5; 315:24
assumed [1] - 314:14
assure [1] - 161:3
astray [1] - 278:15
Atlantic [2] - 148:18,
20
attach [8] - 197:12;
202:17; 224:17; 226:9;
227:5; 229:11, 14
attached [12] - 174:4,
21; 178:3; 184:20, 24;
193:4; 195:25; 204:18;
215:18; 221:14; 224:4;
226:24
attaching [5] - 147:2,
6; 178:6; 197:6; 257:2
attachment [20] -
184:14, 18; 185:19;
192:3; 193:2; 195:22;
198:23; 200:18; 203:4,
10; 215:2, 19; 224:5;
226:15; 227:15; 280:19;
286:5, 25; 287:3;
293:19
attachments [11] -
192:4; 195:16; 203:6;
217:20; 226:17; 237:12;
238:9; 302:3, 11
attempt [5] - 205:24;
260:10; 295:25; 296:1;
297:3
attended [1] - 317:13
attention [3] -
193:22; 280:3; 307:24
attorney [21] -
168:25; 169:19; 191:20;
193:13; 198:15; 244:23,
25; 247:6, 8, 24;
267:15; 277:13, 16;
279:4; 285:3, 5-6, 8-9,
13; 307:11
attorneys [5] -
191:19; 260:21; 261:2;
275:6; 277:15
audience [1] - 314:18
August [2] - 207:20, 24
authority [5] - 172:9;
282:12; 314:20; 315:17
authorized [2] -
192:22; 315:21
available [1] - 214:4
Avenue [6] - 136:14,
24; 202:6; 307:5;
308:10; 319:16
avoid [2] - 215:15;
264:25
award [1] - 215:16
awarded [1] - 170:20
aware [16] - 157:8;
169:25; 170:15; 206:10;
208:2; 242:12; 265:7;
276:19, 25; 277:3, 6-7;
301:4; 309:10; 313:24;
316:9
B
B-A-L-C-E-R-S-K-I [1]
- 189:13
background [3] -
262:9, 24; 307:10
Balcerski [18] -
139:9; 144:24; 189:4,
12, 22; 190:12, 17;
193:7; 196:16; 197:13,
24; 211:24; 212:3;
215:20; 219:18; 225:1;
228:22; 229:23
balcerski [1] - 195:9
ball [1] - 312:2
banner [5] - 238:24;
241:16; 242:5; 281:1
banners [3] - 257:25;
280:24; 288:6
BARRETT [1] - 136:19
based [12] - 193:24;
245:11; 250:5; 273:23;
274:10; 294:13; 302:13,
19; 305:3
basis [6] - 145:3;
170:24; 247:2; 300:1,
15; 319:10
bay [1] - 153:4
Bay [2] - 154:5; 319:15
Bays [3] - 232:2, 8
Beach [83] - 139:5, 10;
140:8; 142:24; 144:3;
148:14, 17, 24; 151:1,
18, 21; 158:6; 160:2;
162:1, 5, 16; 174:21;
181:5; 183:9, 16;
187:14; 188:1; 189:16;
OWEN WICKER, RPR
3
190:2, 19; 191:12;
192:13; 198:1, 4, 12;
205:25; 206:12; 207:7;
215:1; 232:6, 11-12,
20; 234:5; 236:14, 17;
237:10, 12; 238:4, 6,
8, 10; 239:9, 24;
240:11; 241:12; 242:18;
256:1; 268:15, 22;
269:2, 8, 11; 273:12;
275:8, 19; 277:6, 20;
278:25; 280:5, 18, 20,
24; 283:7, 25; 289:9;
290:17; 293:2; 297:22;
300:6; 302:14, 21, 24;
303:3, 10; 308:14;
310:21
BEACH [1] - 136:8
Beach's [2] - 198:8;
277:8
bears [1] - 221:17
beautification [1] -
288:7
became [4] - 266:4, 7;
309:12; 316:10
become [2] - 142:20;
265:7
becomes [1] - 178:23
becoming [1] - 262:23
beforehand [1] - 314:4
beginning [1] - 272:9
behalf [3] - 284:17,
19; 285:15
belief [1] - 265:24
beliefs [1] - 159:21
believer [2] - 178:16,
19
believers [2] -
178:13, 24
below [1] - 259:9
Benedetto [2] -
157:11, 13
Benjamin [1] - 136:22
best [5] - 154:17;
157:19; 260:16; 297:4;
317:3
between [15] - 138:17;
198:23; 203:4; 206:4,
6, 11; 207:16; 221:7;
243:7; 256:11; 265:18;
275:14; 280:17, 20;
314:6
beyond [1] - 267:8
big [3] - 225:9;
248:14; 258:21
bigger [1] - 164:15
bill [1] - 288:16
binder [6] - 175:16;
180:4; 211:23; 214:2;
235:23
Birk [4] - 156:22;
157:12; 291:9; 298:9
birth [2] - 263:1
Bishop [2] - 307:5;
308:10
bit [3] - 180:20;
265:9; 307:9
black [1] - 224:13
blank [5] - 202:13, 21;
203:5, 11
blessing [4] - 299:15;
300:13, 17; 301:6
blessings [1] - 304:21
blind [1] - 148:8
block [4] - 141:18;
186:24; 311:17; 319:17
blocked [1] - 160:7
blowup [2] - 225:9, 11
board [34] - 156:21,
25; 157:1, 3, 7-9;
158:2; 166:16, 19;
169:11, 13, 25; 170:12,
15; 191:1; 192:10;
248:15; 262:15; 266:19;
275:5, 21; 283:25;
284:4, 6, 9, 13, 17,
23; 285:16, 24; 293:1;
300:25
Board [1] - 220:3
board's [2] - 293:17;
302:7
body [5] - 153:1;
209:4; 292:20, 22;
295:23
book [1] - 207:14
books [1] - 139:17
border [1] - 184:25
borough [1] - 272:16
bottle [1] - 311:25
bottom [13] - 151:25;
152:6, 8-9; 201:21;
221:24; 246:20; 258:9;
259:3; 280:7, 13;
281:10; 291:1
bought [2] - 311:11
boundaries [9] -
145:14, 25; 146:1;
150:7; 174:12; 292:18;
299:12; 315:12
boundary [30] -
147:10; 148:13, 18, 23;
149:2, 8; 150:15, 19,
25; 151:17, 20-21, 23;
161:25; 162:4; 177:24;
178:11; 187:3; 295:23;
296:22; 297:1; 299:14;
302:17, 22; 303:3, 12,
18
Braglia [1] - 144:20
BRAGLIA [1] - 144:21
break [8] - 184:2;
185:5, 7; 188:9;
196:10; 213:9; 214:2;
228:20
breakfast [1] - 239:22
BRIAN [1] - 136:25
bridge [1] - 153:13
Bridgehampton [2] -
263:8, 23
bring [4] - 144:23;
194:24; 195:3; 313:10
brochure [3] - 179:21;
180:10; 181:2
brought [8] - 164:5;
187:21; 188:5; 263:11;
274:6; 275:5, 12
buchweitz [1] - 305:22
BUCHWEITZ [8] -
136:17; 189:3; 313:19;
316:13, 19; 320:6;
321:7, 11
Buchweitz [2] - 139:3;
305:17
building [1] - 247:7
built [2] - 152:19;
223:23
Business [3] - 307:16;
317:7
business [3] - 139:12;
307:18
businesses [1] - 251:2
BY [154] - 140:2, 15;
141:8; 142:13; 143:22;
145:8; 146:18; 147:17;
148:7, 12; 149:25;
151:14; 158:20; 160:10,
21; 161:24; 163:25;
165:14; 166:15; 167:22;
169:24; 171:10, 14;
172:14; 173:4, 17;
174:14; 175:7; 176:3,
21; 177:6, 17; 180:6,
18; 182:21; 184:7;
185:11; 186:10, 14;
187:2, 11, 24; 189:21;
196:14; 197:23; 211:22;
225:8; 228:3; 229:22;
231:22; 233:15; 234:11,
18; 235:1, 8, 13;
236:8, 13; 237:9, 16;
238:2; 239:2; 240:9,
25; 242:16; 244:15;
245:5; 247:1; 248:13;
249:9; 250:4, 20;
251:7, 20; 252:11, 19;
253:13; 254:18; 256:16;
258:3; 259:23; 262:7;
267:3, 18; 268:1, 24;
269:18; 272:1; 274:16,
25; 276:8, 17, 24;
277:19; 278:22; 279:25;
280:14; 281:12, 25;
282:10, 23; 283:4, 12,
23; 284:3; 287:13;
290:14; 293:25; 297:15;
298:4, 25; 299:8;
300:11; 301:2; 303:8;
306:24; 308:25; 309:25;
310:6, 16; 311:8;
313:16, 22; 316:16;
317:6; 318:21; 319:20;
320:20; 322:4, 7-15,
17-22, 24-25; 323:1-3,
5
C
cables [1] - 196:2
campaign [19] -
142:17; 143:1; 232:25;
233:3, 17-18; 236:5;
237:3, 19, 25; 273:14,
18; 274:8; 292:3;
294:18; 295:9; 297:12;
299:23
campaigns [3] -
237:19; 243:18
candidate [1] - 232:24
candidates [3] -
234:19; 243:15
cane [1] - 311:17
cannot [4] - 150:18;
166:5; 248:8; 306:6
canon [2] - 159:20;
160:4
capacities [1] -
170:16
capacity [4] - 170:19;
171:11; 251:1; 290:19
capture [3] - 255:14,
16, 19
car [2] - 181:18; 182:1
Cardozo [1] - 136:22
career [1] - 263:1
Carol [1] - 170:9
carried [1] - 237:4
carries [1] - 205:11
carry [16] - 150:19;
153:23; 178:13, 17;
179:5; 182:9; 309:16;
OWEN WICKER, RPR
4
311:21, 25; 313:3, 6,
8, 10; 315:16
carrying [1] - 319:1
case [30] - 138:1, 21;
139:1; 146:1; 160:6,
15; 161:13, 21; 173:5;
177:3, 8; 204:2; 207:2;
220:6; 234:9, 14;
238:21; 240:2; 247:4;
261:18; 270:12, 25;
271:8; 278:13; 283:20;
287:17; 289:17; 320:9
Case [1] - 138:2
cases [2] - 236:24;
311:2
categorize [2] -
250:22; 254:16
Cathy [1] - 210:4
caused [2] - 164:20;
309:6
Center [1] - 263:8
center [1] - 263:23
centers [1] - 264:22
Central [2] - 136:6;
137:6
centrality [1] -
159:21
certain [15] - 150:12;
164:12; 172:18; 174:16;
178:12, 15, 20; 179:2;
183:8; 257:15; 258:7;
271:18; 295:5; 318:17
certainly [3] -
155:24; 210:20; 265:17
certainty [2] - 273:8,
19
challenge [1] - 220:2
challenged [1] -
263:20
change [11] - 141:19;
146:22; 163:8, 11, 15;
164:10, 20; 209:8, 14;
304:5
changed [10] - 147:25;
164:14; 165:10; 273:23;
300:23; 303:25; 304:19;
305:3; 311:12; 316:12
changes [2] - 157:3, 6
character [2] - 254:7;
264:21
characterize [2] -
254:17, 19
charge [3] - 200:18,
22; 288:15
chart [1] - 308:22
chief [1] - 269:9
Child [1] - 263:8
children [4] - 263:18,
20, 22; 313:1
Christmas [3] - 288:4,
8, 23
CHRISTOPHER [1] -
136:16
church [1] - 265:23
circle [1] - 319:17
Circuit [3] - 271:3, 5,
8
circulated [2] -
210:24; 294:19
circumstances [5] -
151:11; 237:17; 271:18;
279:9; 311:11
citation [1] - 270:19
citizen [1] - 275:8
citizens [7] - 233:5;
253:2, 6, 17, 25;
254:14, 22
City [5] - 137:1;
183:22; 263:2
Civil [1] - 214:25
civilian [1] - 299:1
claim [1] - 261:6
claimed [1] - 313:25
claiming [1] - 261:9
claims [1] - 237:7
clarify [2] - 184:10;
308:13
classify [1] - 250:9
clear [11] - 142:11,
14, 17, 21; 143:2;
160:3; 161:15; 165:24;
173:16; 266:4; 303:15
CLERK [1] - 139:19
clerk [2] - 232:18;
242:1
clerk's [1] - 285:21
client [2] - 148:14;
150:25
clients [1] - 243:7
Clint [1] - 170:7
close [2] - 151:12;
274:5
closed [2] - 156:12;
245:14
closely [1] - 158:10
closer [1] - 165:12
clutter [1] - 265:1
cluttered [1] - 256:20
code [4] - 171:16;
264:7; 279:17
Code [1] - 219:19
codes [2] - 279:21;
296:24
colleague [1] - 139:3
colleagues [1] -
305:17
collected [1] - 200:24
college [1] - 317:9
College [2] - 307:15;
317:8
color [4] - 148:8;
209:7; 224:13, 18
color-blind [1] -
148:8
Columbia [1] - 263:25
column [4] - 180:8, 19
Comecler [2] - 156:24;
157:9
Comecler's [1] -
156:23
coming [2] - 209:4;
288:23
comma [1] - 203:5
comment [2] - 261:16;
305:10
committee [6] - 238:6,
8; 239:6; 288:7;
315:18, 20
common [1] - 182:8
communicate [1] -
211:14
communicated [8] -
169:10; 170:4, 7, 10,
12; 191:14; 266:16, 21
communicates [1] -
321:5
communication [4] -
191:17; 249:7; 251:12;
260:23
community [10] -
142:18; 234:6; 263:10,
14; 276:12; 297:1, 3,
5; 304:22
companies [1] - 196:1
company [1] - 245:20
comparable [1] - 254:8
compare [1] - 224:5
compelled [2] - 194:2;
245:13
compensation [1] -
157:6
compiled [1] - 279:22
complaint [18] -
157:14, 20-21; 158:1,
5; 160:25; 163:9;
164:2; 169:20; 172:1,
23; 173:18, 20, 24;
174:9, 22; 175:21;
298:6
completely [1] -
236:19
comply [2] - 159:6;
315:19
composed [1] - 266:6
composition [1] -
252:14
comprise [1] - 150:25
computer [1] - 137:10
concede [4] - 310:21,
23, 25; 311:4
concept [6] - 164:25;
177:22; 244:19; 273:12;
314:2; 321:5
concern [2] - 254:6;
257:4
concerned [1] - 214:14
concerning [3] -
161:14; 279:10; 284:1
concerns [1] - 214:16
conclude [3] - 194:2;
245:13; 265:16
concluded [2] - 258:1;
265:17
conclusion [2] -
247:24
conclusions [1] -
190:18
conditions [1] - 203:4
conduct [3] - 178:20;
179:1; 305:25
conduit [1] - 195:24
conduits [1] - 195:25
conferred [1] - 139:4
confers [1] - 287:22
confirm [1] - 212:17
confused [1] - 288:3
confusion [1] - 196:17
connect [1] - 165:12
connection [8] -
200:14, 20, 24; 219:21;
235:18; 243:7; 292:3;
294:19
connects [1] - 165:7
Conrad [7] - 268:14,
21; 275:8, 14-15;
280:5; 298:9
consent [1] - 288:18
consider [3] - 249:11;
255:14, 20
considered [1] -
283:19
consists [1] - 162:1
conspired [1] - 214:24
constituency [1] -
297:17
constitute [2] - OWEN WICKER, RPR
5
194:2; 245:14
constituted [1] -
285:24
constitutes [2] -
148:13; 315:11
constructed [3] -
159:1, 15; 298:20
construction [12] -
159:5; 223:7, 11, 23;
226:12, 14, 19; 227:3,
10, 14; 229:25; 230:3
construed [2] -
281:14; 286:16
consult [3] - 300:23
consulted [3] - 292:12
cont'd [2] - 189:20;
322:10
contact [1] - 302:9
contained [3] - 215:5;
281:14; 286:15
contemplate [1] -
199:22
contemplated [3] -
277:11; 279:1; 316:12
contemplates [2] -
218:16, 18
context [3] - 292:7, 9;
295:14
continuation [1] -
189:15
continue [7] - 160:9;
252:10; 275:2; 295:5;
305:17, 19, 21
Continued [1] - 188:14
continues [1] - 274:18
continuing [2] -
144:25; 145:2
contract [8] - 204:19;
281:18; 282:5; 286:19;
307:18; 314:5, 9;
316:18
contracts [1] - 144:10
contrasting [2] -
224:13, 17
contravention [1] -
246:1
controversy [1] -
265:7
conversation [7] -
191:24; 192:16, 24-25;
225:22; 256:11; 309:7
conversations [2] -
141:2, 9
convey [2] - 249:22;
272:8
copied [4] - 220:24;
221:6, 11; 224:6
copies [3] - 213:9;
214:3, 8
copy [10] - 180:23;
190:8; 196:25; 207:13;
213:2, 4; 214:2;
215:25; 221:9, 19
corner [5] - 152:7-9;
280:13; 281:10
correct [208] - 138:20;
147:3, 22-23; 148:15,
17, 24; 149:10; 150:2;
151:20, 22, 24; 152:2,
23, 25; 153:2, 22, 25;
154:1, 3, 6, 9; 155:3;
156:13, 20; 157:1, 4,
15, 18, 21; 158:2, 7;
161:1; 164:2, 7;
165:18, 22; 166:7, 21;
167:10, 19; 168:4, 7;
169:21; 170:1, 21;
172:6, 17, 21, 24;
173:7, 22, 25; 174:17,
25; 176:9, 23; 178:13,
16, 18, 21; 179:13;
180:21, 24; 181:6,
9-10; 183:23; 185:22;
187:14; 198:1, 10, 13,
15-16, 18-19, 24-25;
201:9, 21; 202:22;
204:1, 4, 6, 12-13;
205:19, 23; 206:25;
207:4, 9-10, 22-23, 25;
208:1, 5-6, 12; 212:7,
13-14, 20; 214:14;
217:7, 23; 218:5, 8,
13; 219:15; 221:1, 8,
17; 222:5, 14, 18;
223:24; 224:13, 18-19;
225:12; 227:18; 230:2,
5; 236:15; 240:20;
241:4, 6, 8, 24; 242:4,
9, 13; 244:25; 245:17;
246:6, 11, 20; 252:23;
256:8; 257:14, 18, 22;
258:14; 264:18; 265:1;
269:13, 23; 270:3;
272:12, 16; 273:1, 9,
12, 15, 18, 24; 275:3;
280:18, 21, 25; 281:7;
282:3, 13; 291:15, 19,
21, 24-25; 293:3, 7-8,
12-13, 22; 294:6, 15,
20-21; 297:5, 20;
300:19; 302:11, 22;
310:9; 314:24; 317:10;
318:2, 8, 15, 18; 319:9
corrected [1] - 239:25
correctly [1] - 146:7
correspondence [1] -
267:17
councilwoman [3] -
262:16, 23
Counsel [6] - 143:19;
147:14; 171:2; 238:12;
244:13; 316:22
counsel [20] - 139:4,
8; 142:5; 171:18;
172:22; 176:12; 213:10;
215:4; 216:9; 219:3;
256:11; 261:13; 279:6;
287:22; 292:12; 299:7,
9; 300:23; 305:4
counselor [2] -
216:15; 223:18
Counselor [1] - 289:6
count [1] - 192:11
county [5] - 159:3;
243:18; 305:5, 7
County [7] - 232:16-18;
270:16; 271:16; 308:17;
318:12
county-related [1] -
243:18
couple [4] - 209:24;
210:17; 223:19; 286:22
course [5] - 138:24;
217:15; 222:17; 261:19;
271:10
COURT [359] - 136:1,
11; 138:1, 3, 6, 20,
24; 139:13, 18; 140:10,
13; 141:24; 142:3, 8;
143:10, 13, 16, 19;
144:7, 12, 15, 19;
145:2, 6; 146:16;
147:14; 148:6, 10;
149:17; 151:5, 8;
158:14, 19; 160:8, 13;
161:10, 12, 18, 21;
164:24; 165:2; 166:14;
167:12, 16, 18; 168:5,
8; 169:23; 170:23;
171:1, 9, 13; 172:12;
173:3, 10, 13; 174:10;
175:6, 14, 18, 23;
176:2, 14, 16, 18;
177:5; 180:15; 182:18,
25; 183:6; 184:1, 5;
185:6, 8; 186:9, 13,
25; 187:6, 16, 18, 23;
188:3, 7, 9; 189:2, 11,
18; 190:10, 14; 191:4,
9; 192:7, 17; 193:16;
194:12, 21; 195:3, 5,
8, 14, 20; 196:4, 12;
199:17, 20; 200:2, 11;
205:22; 206:16, 19, 21;
210:16; 213:10, 25;
214:3, 7; 215:9, 13;
216:8, 11, 14, 20, 24;
218:24; 219:5; 220:5;
222:11, 15, 22; 223:1,
18, 21; 224:22, 24;
225:3, 21; 226:8;
227:8, 20, 24; 228:11,
15, 23; 229:2, 18;
230:6, 10, 12; 231:2,
5, 8, 10, 17, 19;
233:7, 12, 24; 234:1,
8, 16, 23; 235:7, 11,
22, 24; 236:3, 6, 12,
22; 237:8, 14; 238:12,
15, 17, 23; 239:9, 12,
15, 17, 21; 240:3, 6,
24; 241:10; 242:22;
243:1, 9, 11, 16, 20;
244:2, 10, 12; 245:3;
246:22, 25; 247:10, 25;
248:12; 249:4, 11, 16,
18, 23; 250:3, 13, 25;
251:15, 18; 252:9, 17;
253:10, 12, 23; 254:4,
10, 13; 255:10, 12, 22;
256:4, 10, 14; 257:24;
258:25; 259:19, 21;
260:6, 16, 21, 25;
261:2, 5, 8, 15, 21,
24; 262:2, 5; 267:9,
14, 25; 268:9, 11, 16;
269:15; 270:12, 15, 18,
21, 25; 271:3, 7, 11,
13; 274:13, 23; 276:6,
16; 277:17, 25; 278:3,
6, 9, 14; 279:7, 19,
24; 280:9, 11; 281:8,
22; 282:9, 15, 22, 25;
283:10, 21; 284:1;
287:12, 19, 24; 288:1,
3, 8, 10, 17, 21, 25;
289:3, 5, 8, 12, 15,
18, 21, 23; 290:2, 9;
293:24; 295:13; 296:10,
15, 19; 297:9; 298:23;
299:5; 300:21; 301:11;
303:6, 21, 25; 304:4,
8, 11, 15; 305:13, 19,
21; 306:1, 4, 7, 10,
13, 19; 308:5, 8, 12,
17; 309:22; 310:3, 14,
19, 24; 311:1, 6;
312:10, 12, 15, 22;
313:12, 20; 316:15, 20;
317:2, 4; 318:19, 24;
319:2, 5, 22, 25;
320:4, 9, 13, 15, 18;
321:8, 13
Court [24] - 137:5;
140:20; 159:18; 160:3;
161:3; 171:3, 5, 7;
OWEN WICKER, RPR
6
177:3; 188:5, 13;
194:24; 196:8; 197:17;
213:4; 233:2, 16;
234:12; 237:17; 247:19;
248:23; 262:24; 270:22;
319:14
court [8] - 146:14;
160:4; 175:15; 195:7;
210:21; 214:24; 302:13;
316:23
Courthouse [1] - 136:6
courtroom [8] -
138:14, 19; 164:5;
169:17; 183:1; 282:25;
299:19
cover [2] - 249:1;
277:5
covered [8] - 247:20;
257:13, 21; 281:19;
286:20, 23; 287:9, 15
covers [1] - 217:21
create [6] - 292:18;
295:23; 296:21; 302:17;
303:3, 18
created [2] - 174:3;
186:2
creates [1] - 177:23
creating [2] - 302:21;
303:12
credibility [1] -
138:17
credit [1] - 171:12
creeds [1] - 159:23
Crest [1] - 319:15
criminal [2] - 196:4,
6
CROSS [22] - 147:16;
167:21; 197:22; 211:21;
240:8; 262:6; 283:22;
298:3; 313:15; 317:5;
320:19; 322:5, 11-12,
17, 21, 24; 323:2, 5
cross [12] - 139:11;
153:12, 19; 154:5;
167:25; 191:2; 233:13;
240:6; 256:11; 262:5;
289:17; 319:16
cross-conversation
[1] - 256:11
cross-examination [3]
- 191:2; 233:13; 262:5
CROSS-EXAMINATION
[22] - 147:16; 167:21;
197:22; 211:21; 240:8;
262:6; 283:22; 298:3;
313:15; 317:5; 320:19;
322:5, 11-12, 17, 21,
24; 323:2, 5
cross-examine [2] -
139:11; 240:6
crossed [1] - 189:15
crosses [2] - 153:1, 4
current [2] - 234:21,
24
curriculum [1] -
263:20
curves [1] - 154:14
curving [1] - 154:14
cut [1] - 312:12
CV [1] - 136:4
D
D-E-B-O-R-A-H [1] -
306:21
damage [2] - 215:16;
256:20
damages [1] - 214:23
dark [1] - 313:9
date [12] - 139:16;
164:9; 194:15; 203:10;
205:16; 207:18; 221:1,
16, 24-25; 243:2; 259:5
dated [9] - 158:4, 7;
190:2; 193:11; 196:21;
197:5; 203:5; 220:14;
298:8
daughter [1] - 312:25
daughters [3] -
307:22; 313:1; 318:25
days [2] - 179:7;
233:21
De [2] - 157:11, 13
deal [2] - 247:16;
251:1
dealing [1] - 248:19
Debbie [2] - 306:2, 7
Deborah [1] - 306:21
Debvoise [4] - 216:2,
5, 9, 12
decide [1] - 297:4
decided [3] - 165:15;
194:23; 294:2
decides [1] - 146:15
decision [7] - 159:18;
214:21; 271:15, 17, 19;
275:10; 302:7
declaration [2] -
177:19, 21
declarations [1] -
256:6
declare [1] - 302:15
declared [1] - 291:14
decorations [7] -
287:3, 6, 16; 288:5, 8,
18
Defamation [1] -
173:12
defeated [1] - 273:1
defend [1] - 295:6
Defendant [2] -
214:11; 323:17
Defendant's [4] -
176:19; 180:16; 323:15
defendants [2] -
271:23; 289:8
Defendants [2] -
136:9, 19
defense [1] - 287:24
defined [1] - 257:12
defines [2] - 173:19;
259:12
definition [10] -
173:22; 193:25; 246:20;
247:2, 18, 20; 248:22,
25; 250:7
definitions [3] -
245:11; 248:6, 24
degree [1] - 263:24
DeJong [2] - 138:11;
179:8
deliberate [1] -
274:21
deliberations [1] -
275:1
delineate [3] - 146:3;
178:4; 204:11
delineated [2] -
145:22; 204:3
delineates [2] -
145:21; 147:19
delineating [3] -
158:23; 159:13; 298:18
delineation [3] -
168:3; 175:8; 176:23
delineations [1] -
151:16
demands [1] - 215:1
demarcation [5] -
173:19; 174:3, 6;
177:4, 11
demarked [1] - 174:6
denial [1] - 237:1
denied [1] - 166:6
denote [2] - 152:6, 16
denying [2] - 167:1, 6
department [1] - 264:1
depict [1] - 150:5
depicted [3] - 149:9;
227:12; 300:7
depiction [2] - 149:4;
150:22
depicts [2] - 150:1, 3
Depot [1] - 162:13
derived [1] - 173:8
describe [9] - 145:9;
191:17; 233:2, 16;
250:17; 255:8; 260:10;
262:23; 265:13
described [10] -
146:20; 150:8; 167:2;
221:6; 227:12; 229:9;
248:19; 254:7; 299:2;
320:24
description [1] -
209:2
descriptions [5] -
247:12; 251:6, 9;
258:2, 5
deserves [2] - 234:9;
279:11
designated [2] -
289:10, 14
designation [1] -
146:21
desk [1] - 301:22
despite [2] - 300:14,
16
details [2] - 314:1, 3
detected [1] - 273:24
determination [2] -
160:15; 220:2
determine [3] -
226:16; 227:11; 230:3
determined [2] -
230:7; 257:20
developed [4] -
177:22; 217:15, 18
Developmental [1] -
263:8
developmental [1] -
263:13
DEVITT [1] - 136:19
dictates [1] - 246:12
different [18] -
147:8, 11; 152:10;
167:3; 210:2, 7, 14;
211:3, 13; 229:8;
230:5; 233:11; 248:4;
250:17; 265:19; 271:17;
308:11
difficult [4] -
248:10; 254:3; 260:8;
317:23
difficulties [1] -
311:20
dimension [2] - OWEN WICKER, RPR
7
208:24; 255:9
dimensions [7] -
208:19, 22; 209:7, 13;
229:4; 313:24; 316:11
DIRECT [14] - 140:1;
189:20; 231:21; 244:14;
268:23; 290:13; 306:23;
322:4, 10, 16, 20, 23;
323:1, 4
direct [6] - 148:1;
189:15; 214:5; 251:12;
280:2
direction [1] - 153:7
directly [2] - 198:9;
249:7
director [1] - 263:8
disabilities [2] -
182:3, 5
disability [2] -
182:15, 24
discuss [3] - 140:17;
285:25; 300:25
discussed [8] -
141:12; 182:8; 259:12;
275:11; 299:7, 9;
301:23; 305:4
discussing [2] -
267:21; 293:18
discussion [7] -
259:16; 267:23; 272:14;
275:6; 278:16; 315:3
discussions [2] -
140:21
disparaging [1] -
243:3
dispensation [1] -
182:14
distance [2] - 149:9;
319:13
distinguish [1] -
275:14
distracting [1] -
256:21
distraction [2] -
257:3; 260:3
distractions [1] -
256:22
DISTRICT [3] - 136:1,
11
dividing [1] - 142:18
Division [1] - 159:19
dock [1] - 152:19
document [13] -
155:19, 21; 187:20, 22;
196:10; 200:1; 201:25;
202:2; 203:24; 225:15;
246:19; 280:3; 304:24
documents [3] -
157:21; 194:9; 212:5
dollar [1] - 215:16
dollars [1] - 201:6
donation [1] - 179:17
done [9] - 150:6;
166:22; 197:7; 215:3;
222:17; 223:14; 270:24;
294:22
door [5] - 233:20;
242:21; 296:13, 17
door-to-door [1] -
233:20
DORFMAN [1] - 136:25
doubtlessly [1] -
215:16
down [19] - 166:1, 3;
188:7; 196:2; 230:12;
242:7; 243:20, 22;
245:19; 264:25; 268:11;
288:13, 18; 289:3;
297:6; 305:13; 319:15;
321:13
downstairs [1] -
285:21
draw [4] - 165:4, 6;
190:18; 307:24
drawing [1] - 224:3
dreams [1] - 317:4
Drive [5] - 154:9, 12
drive [4] - 181:17;
182:1, 14, 23
driver's [1] - 181:20
drivers [1] - 257:3
duly [6] - 189:8;
231:15; 244:6; 268:19;
290:7; 306:17
Dune [29] - 148:21,
24-25; 149:9, 11-12,
14, 18-22, 24; 150:2,
4, 17; 151:10; 152:1;
153:13; 184:9, 19, 24;
186:16, 18-19; 188:1;
287:7, 10
duplicative [1] -
231:8
during [4] - 196:9;
213:9; 214:2; 237:19
duty [3] - 253:7, 19;
265:24
E
e-mails [8] -
265:11-13, 15, 17, 25;
266:1, 5
early [1] - 154:22
East [33] - 169:5;
170:3; 194:18; 198:24;
199:15; 207:3, 12, 17;
208:2; 209:6; 210:1,
13; 211:10, 15; 214:16;
215:23; 221:7, 12;
224:16; 244:16; 283:14;
285:14, 19; 306:3;
309:1, 4; 313:17, 23;
315:22; 316:11, 17;
317:13
EAST [1] - 136:3
east [3] - 153:8;
162:2, 4
east-west [2] - 162:2,
4
EASTERN [1] - 136:1
echo [1] - 282:25
educated [1] - 304:21
educational [4] -
263:4, 12; 307:10
EEEA [13] - 147:19-21;
151:15, 22; 152:23;
157:14; 159:12; 162:18;
169:10; 181:9; 211:2,
13
effect [3] - 209:1;
272:20; 311:1
effective [1] - 259:5
effort [3] - 181:8;
295:3, 9
eight [1] - 233:21
eighth [10] - 248:17;
249:2; 250:22; 253:4,
15; 254:19; 255:8;
256:24; 258:21; 260:3
eighths [2] - 226:21;
247:19
eights [1] - 254:25
either [15] - 140:17;
141:5, 9; 159:7;
161:18; 166:8; 169:5,
9; 173:9, 11; 203:25;
210:4; 224:1; 240:21;
274:4
elected [5] - 157:11;
240:15; 262:10, 14, 20
election [14] -
157:10; 233:21; 236:10;
241:11; 242:19; 243:2;
273:9, 11; 275:20;
291:23; 292:2; 293:22;
294:19
electrical [1] - 196:1
element [2] - 178:9;
237:6
elementary [3] -
263:6, 18
eleventh [1] - 143:6
elsewhere [1] - 251:9
email [9] - 213:2, 21;
215:18; 220:24; 221:6,
9, 11, 14; 224:5
emails [4] - 211:5-7;
225:11
emotional [1] - 263:12
employed [1] - 232:13
Employment [1] -
159:19
enacted [2] - 257:16;
317:16
enclave [1] - 142:20
enclose [1] - 315:13
encompasses [1] -
145:23
encountered [1] -
141:14
end [3] - 186:20;
241:13; 286:21
End [34] - 169:5;
170:3; 194:18; 198:24;
199:15; 207:3, 12, 17;
208:3; 209:6; 210:1,
13; 211:10, 15; 214:16;
215:23; 221:8, 12;
224:16; 244:16; 278:16;
283:14; 285:14, 19;
306:3; 309:1, 4;
313:17, 23; 315:22;
316:11, 17; 317:13
END [1] - 136:3
endanger [1] - 253:5
endeavor [1] - 246:1
enforce [2] - 246:2;
264:21
enforced [1] - 240:3
engage [1] - 227:14
engineer [4] - 209:21,
23; 210:1; 221:11
engineering [1] -
202:11
engineers [3] -
209:24; 210:6, 12
enhance [1] - 265:4
enjoy [1] - 311:13
ensure [5] - 254:7, 21;
294:25; 295:16, 18
enter [1] - 226:10
entered [2] - 202:20;
206:8
entire [3] - 149:24;
268:2, 5
entirely [2] - 247:13;
248:8
OWEN WICKER, RPR
8
entirety [1] - 250:14
entity [4] - 181:9;
218:4; 295:4, 11
enumeration [1] -
258:13
erected [1] - 259:5
erection [1] - 177:23
eruv [195] - 142:12,
18, 20, 25; 143:2, 4,
7; 145:10-12, 18,
21-23; 146:3;
147:19-21, 24; 148:18,
22-23; 149:1, 4; 150:1,
17, 19-20, 25; 151:3,
13, 15, 18, 25; 152:1,
6, 17-18, 21; 153:7,
17, 21, 25; 154:16;
155:2, 5, 9-10, 12, 14;
156:5, 7; 158:22,
24-25; 159:2, 5, 7, 11,
14-15; 160:25; 161:4,
19, 25; 163:2, 17;
166:9; 167:1, 6; 168:3,
21; 169:7, 11; 172:20;
173:19; 174:5, 15;
175:8; 176:23; 177:3,
10, 22; 178:9, 18-19,
21, 23; 179:12; 181:2,
8; 182:11; 183:3;
190:19; 191:13; 198:5,
9; 199:23; 200:8, 17,
21; 205:25; 206:12;
208:4; 212:18; 218:16;
219:20; 232:25; 233:11,
16; 234:13, 17; 236:9;
243:3; 244:20; 252:2;
265:8; 266:12, 22;
269:16, 19-20; 270:2;
272:7, 10, 15, 18, 22;
273:12, 18; 274:9,
17-18; 275:3, 23;
276:12, 21; 277:2, 5,
10; 279:1, 18, 22;
284:16; 291:14, 20;
292:6; 294:6, 11;
295:1, 3, 10, 17;
296:3; 297:18, 23;
298:16, 18, 20; 299:22;
300:6, 13, 19; 301:7;
303:19, 23; 304:22;
309:9, 13, 17; 310:1,
8, 10, 17; 311:9;
312:6; 314:3, 8, 11,
13, 19; 315:11, 16,
18-20, 24; 316:5, 12;
319:3
ERUV [1] - 136:3
Eruv [58] - 143:24;
159:12; 169:5; 170:3;
191:13; 194:18; 198:24;
199:15; 207:3, 12, 17,
19, 21; 208:3, 19, 23;
209:6, 11, 15; 210:2,
13; 211:10, 15; 214:16;
215:23; 221:8, 12;
224:16; 225:17, 23, 25;
226:2, 9; 227:5, 17;
229:11; 244:17; 276:20;
277:9; 278:24; 283:14;
285:14, 19; 300:17;
301:5; 303:14; 306:3;
309:1, 4, 9; 313:17,
23; 315:22; 316:11, 17;
317:13
eruvs [2] - 141:20;
318:10
escalating [1] -
264:25
escaped [1] - 144:22
especially [1] - 313:4
ESQ [11] - 136:15-17,
20, 22, 25; 137:2
essence [1] - 255:13
essential [2] -
172:19; 178:9
establish [7] - 169:7;
242:17; 266:12; 276:12;
292:17; 299:12, 14
established [2] -
174:11; 179:24
establishment [1] -
172:19
estate [1] - 183:19
Estates [3] - 307:1;
318:7, 14
Estelle [1] - 179:12
et [2] - 136:4, 8
evening [1] - 305:16
event [1] - 302:3
eventually [1] -
194:23
evidence [44] - 145:4;
155:22; 163:22; 175:14,
18, 24; 176:1, 14-15,
18, 20; 180:13, 15, 17;
184:13; 189:23; 190:12,
14, 16; 192:20; 193:14,
16, 18; 196:18; 198:20;
202:20; 206:23; 213:23;
214:12; 215:9; 222:4;
235:16, 25; 290:24;
297:7, 9, 11; 312:23;
323:12, 15
Evidence [2] - 236:23;
312:21
exact [1] - 289:25
exactly [6] - 165:24;
210:23; 251:5, 14;
252:6; 284:2
EXAMINATION [52] -
140:1; 147:16; 167:21;
184:6; 185:10; 189:20;
197:22; 211:21; 225:7;
228:2; 229:21; 231:21;
240:8; 242:15; 244:14;
262:6; 267:2; 268:23;
283:22; 290:13; 298:3;
300:10; 306:23; 313:15;
317:5; 320:19; 322:4-8,
10-18, 20-24; 323:1
examination [5] -
175:22; 184:8; 191:2;
233:13; 262:5
examine [2] - 139:11;
240:6
examined [6] - 189:8;
231:15; 244:6; 268:19;
290:7; 306:17
example [5] - 224:10,
15; 309:20; 311:24;
313:5
exceeding [2] -
258:17; 260:2
except [2] - 162:7;
197:6
exception [2] - 139:5;
236:22
exceptions [3] -
192:23; 255:19; 257:9
exchange [2] - 213:8;
214:4
exchanged [1] - 190:5
excluded [2] - 138:15,
22
exclusive [2] -
281:15; 286:16
excuse [8] - 180:12;
213:17; 217:9; 223:17;
249:11; 266:24; 305:20;
306:11
excused [5] - 230:14;
243:24; 268:13; 289:4;
321:15
execute [1] - 229:12
executed [2] - 199:6,
8
executive [2] - 159:3;
263:7
Exempt [2] - 258:9;
259:3
exempt [4] - 258:14,
18; 259:6, 20
Exhibit [91] - 147:18;
149:2; 155:5; 158:4;
163:23; 175:17, 20;
176:4, 19; 180:2, 16;
184:13, 15, 18; 185:12,
14, 18, 21; 187:12, 25;
189:23; 190:15; 193:8,
17; 194:9, 17; 195:10;
196:15; 197:24; 198:21;
199:12, 18; 201:1;
206:22; 207:9, 11, 13;
208:8; 209:2; 210:8;
211:4; 212:2, 4, 6;
214:11; 216:25;
220:9-11, 20, 22;
221:23; 222:4; 223:6;
224:4, 8; 225:9; 226:6,
10-11; 227:13, 16;
228:5, 14, 24; 235:23;
246:15, 24; 249:1, 10;
250:10; 251:21; 252:22;
280:2, 10; 286:4;
290:25; 294:17; 297:10;
298:6; 307:25;
323:11-13, 15
exhibit [14] - 139:17;
157:20, 25; 175:16;
190:10; 208:15; 221:16;
222:2; 224:4; 225:11;
248:15; 249:12; 251:19;
280:9
exhibits [3] - 190:4;
222:1; 245:3
EXHIBITS [1] - 323:10
existing [8] - 145:15;
146:1; 150:7; 174:12;
259:4
exists [2] - 156:25;
178:19
experience [1] - 227:9
expert [1] - 315:14
expertise [1] - 173:8
explain [5] - 203:16,
18, 21; 237:17; 282:19
explained [1] - 302:12
explore [1] - 270:7
express [1] - 295:6
expressed [3] -
246:11; 273:14, 17
expressing [1] -
252:12
expressions [1] -
161:22
extend [2] - 281:17;
286:18
extension [1] - 187:3
extent [3] - 147:9;
160:19; 197:10
OWEN WICKER, RPR
9
F
F.Supp [1] - 270:20
fact [23] - 142:16;
143:7; 171:3; 172:5;
173:9; 174:15; 177:2;
178:1; 211:12; 212:25;
218:15, 20, 25; 220:1;
242:1; 257:1; 277:13;
283:16; 300:17; 301:18,
24; 302:1; 304:21
factions [1] - 265:19
facts [2] - 271:17, 19
fair [5] - 217:14;
251:8, 11; 274:17;
301:1
fairly [1] - 260:12
faith [1] - 159:22
fall [4] - 150:9, 11;
258:2, 4
falls [1] - 153:8
familiar [16] - 176:5;
177:2; 179:20; 184:16;
205:24; 219:23; 220:1;
244:16, 19; 245:6;
249:22; 251:13; 264:5;
277:22; 320:25; 321:5
familiarity [1] -
320:21
families [1] - 264:3
family [4] - 307:22;
312:7, 15, 19
far [4] - 162:17;
205:16; 224:2; 278:15
favor [4] - 141:17;
142:18, 22; 143:19
features [1] - 155:13
February [1] - 156:18
federal [2] - 160:4;
195:6
Federal [2] - 137:6;
312:20
fee [1] - 200:18
fees [1] - 259:7
feet [4] - 163:11;
225:24; 258:17; 260:2
felt [12] - 242:24;
265:20; 292:16; 294:10;
295:24; 296:18-20, 22;
297:5; 299:6; 302:20
fence [2] - 162:8, 20
fences [2] - 151:10, 12
fencing [1] - 162:7
few [7] - 167:25;
174:19; 179:7; 196:10;
220:8; 317:1; 321:3
fifteen [1] - 188:10
Fifth [1] - 136:14
fifth [1] - 157:13
file [1] - 241:21
filed [6] - 147:22;
157:17; 195:6; 200:4;
241:25; 285:21
final [1] - 214:21
fine [2] - 139:13;
212:11
fines [2] - 192:5;
193:5
finish [5] - 142:3, 9;
144:1; 175:5; 189:16
finished [2] - 223:20;
290:20
finishing [1] - 290:20
firestorm [6] -
141:21, 25; 142:10;
273:20, 23; 274:10
firm [4] - 216:2, 5,
12, 18
First [1] - 237:1
first [40] - 139:9;
156:24; 158:22; 159:10;
161:21; 164:13; 165:1;
175:2; 176:22; 183:2;
192:8; 193:23; 194:13;
199:23; 212:16; 213:13;
214:8, 20; 220:10;
231:14; 244:5; 245:10;
246:9; 252:22; 260:9;
264:13; 268:18; 270:25;
282:17; 290:6, 11;
294:16; 295:16; 296:6;
298:17; 299:16, 18;
304:18; 306:16; 311:12
fit [2] - 250:19; 251:5
fits [1] - 251:9
five [16] - 224:23;
226:21; 231:7; 247:19;
248:17; 249:2; 250:22;
253:4, 15; 254:19, 25;
255:8; 256:24; 258:21;
260:3; 284:7
five-eighth [1] -
254:19
five-eighth-inch [9]
- 248:17; 249:2;
250:22; 253:4, 15;
255:8; 256:24; 258:21;
260:3
five-eighths [1] -
226:21
five-eighths-inch [1]
- 247:19
five-eights [1] -
254:25
fixtures [1] - 162:19
flag [1] - 195:22
flier [1] - 294:18
flies [1] - 312:2
flight [1] - 305:16
flow [2] - 256:19, 25
flows [1] - 228:18
FLR [1] - 202:5
Flushing [2] - 183:3,
19
focus [2] - 159:9;
286:22
focuses [1] - 263:21
folks [1] - 143:7
following [6] -
158:10; 188:14; 203:6,
13; 259:4; 278:1
follows [8] - 139:23;
189:9; 231:16; 244:7;
249:5; 268:20; 290:8;
306:18
foot [1] - 258:22
forgets [1] - 313:10
forgetting [1] - 275:1
forgot [1] - 292:23
form [8] - 150:17;
151:13; 155:6; 199:12;
217:12; 251:4; 252:6
former [1] - 244:23
forming [1] - 260:14
forms [1] - 247:2
forth [3] - 259:9;
294:25
forthwith [1] - 302:7
forward [2] - 196:25;
274:5
forwarded [1] - 266:6
fought [1] - 295:16
foundation [2] -
145:4; 235:20
founder [1] - 180:21
founding [1] - 263:3
four [12] - 148:2;
164:11, 21; 170:15;
260:2; 281:3; 284:5;
289:11; 290:20; 291:8
fourth [3] - 180:20;
269:5
franchise [2] -
219:14, 16
free [2] - 256:19, 25
Friday [6] - 181:17,
23; 221:1, 15; 222:19;
318:4
front [10] - 151:13;
175:10; 185:12, 18;
217:1; 248:23; 251:21;
264:10; 286:6
frustrated [1] -
187:19
full [6] - 175:2;
193:23; 213:14; 214:20;
233:22; 245:10
full-page [1] - 233:22
function [2] - 163:17;
318:22
furnish [1] - 215:3
future [1] - 214:10
G
Garden [2] - 137:1
generally [4] -
244:19; 254:24; 317:23
gentleman [1] - 219:3
George [1] - 201:8
GOTSHAL [1] - 136:14
governing [3] -
292:20, 22; 295:22
government [11] -
218:17, 21; 265:21;
292:17; 295:4; 296:21;
299:2, 12, 25
governmental [1] -
295:10
governor [7] - 159:4;
292:22; 314:17, 20-21,
23; 315:3
Governor [1] - 314:12
graduated [1] - 307:12
grand [1] - 239:1
grant [8] - 161:9;
219:1; 281:15; 282:12;
283:7; 286:16, 18
granted [3] - 141:17;
142:21
granting [2] - 141:15;
142:12
grants [1] - 161:3
green [1] - 148:9
Greenbaum [2] - 170:7;
195:12
grounds [2] - 140:10;
274:20
group [7] - 199:2;
206:11; 209:21; 234:3;
236:25; 242:10; 266:3
grow [2] - 224:17;
232:10
Gud [1] - 165:1
guess [2] - 220:17;
308:3
Guido [1] - 138:7
OWEN WICKER, RPR
10
GUIDO [2] - 137:3;
138:8
H
H-A-N-K [1] - 290:12
H-O-L-S-T [1] - 244:9
Halakhah [4] - 151:11;
152:21; 161:6, 16
Halakhic [1] - 164:25
half [1] - 309:5
HAMILTON [1] - 136:22
hamlet [2] - 264:22;
308:15
Hampton [6] - 179:20;
232:2, 8; 269:12;
293:18
Hamptons [1] - 140:16
hand [8] - 231:11;
244:3; 280:13; 281:10;
294:22-24; 295:2
Handed [7] - 193:6;
196:20; 198:22; 206:24;
217:3; 220:21; 223:4
handing [2] - 139:17;
180:5
Handing [2] - 175:12;
294:14
handing) [1] - 184:15
handwriting [1] -
204:17
handwritten [1] -
201:20
hang [3] - 237:20, 25;
238:24
hanging [3] - 237:11;
238:8; 239:5
HANK [1] - 290:4
Hank [4] - 156:22;
290:3, 12; 298:10
happy [2] - 240:21
harmless [1] - 215:5
hates [1] - 161:12
Hayground [1] - 263:15
Head [1] - 263:11
heading [2] - 153:1;
258:9
health [6] - 253:1, 5,
17, 24; 254:10; 263:13
hear [14] - 141:24;
143:20; 144:7; 183:6;
206:16; 231:20; 233:5,
24; 234:23; 238:13;
288:4; 301:20; 305:3;
310:14
heard [18] - 144:20;
161:13, 19, 22; 192:24;
287:16; 292:21; 294:13;
295:19; 296:5; 299:16,
18; 304:4; 310:4, 19;
314:2; 316:23; 318:20
hearing [11] - 140:23;
141:3, 11; 183:2;
190:7; 200:6; 205:17;
210:18, 21; 305:2
HEARING [1] - 136:10
hearsay [6] - 143:17;
192:6, 18, 21, 23;
233:6
heart [1] - 250:18
Hebrew [1] - 165:1
heels [1] - 313:2
height [1] - 259:8
held [3] - 171:6;
262:16; 320:7
help [4] - 184:4;
316:5; 318:16; 319:3
helpful [1] - 260:18
hereby [1] - 203:5
herein [2] - 281:14;
286:15
high [2] - 152:20;
313:2
High [1] - 232:12
Hilton [1] - 317:8
historic [1] - 264:21
hold [4] - 215:4;
262:14; 269:7; 270:21
holiday [7] - 280:24;
287:3, 6, 16; 288:19,
21
Holst [10] - 139:6;
244:1, 8, 16; 245:6;
248:14; 250:5; 256:17;
259:2, 24
Holtz [1] - 267:4
home [12] - 181:25;
182:1; 183:3, 19-21;
307:3; 308:21; 309:17;
319:8, 10
Honor [109] - 138:10,
16; 139:12, 16; 143:20;
144:22, 25; 146:10;
148:4; 149:18; 151:2;
158:17; 159:16; 160:5;
163:23; 164:23; 167:15;
171:8; 172:13; 173:15;
174:7; 175:4, 21;
176:1; 177:14; 180:12;
182:20; 184:3; 186:8,
24; 187:17; 188:4, 8;
189:3, 14; 190:11, 24;
191:3; 192:15; 193:15;
195:11; 196:9; 197:19;
199:19, 25; 211:16;
214:1; 215:12; 216:7;
219:2, 7; 220:4;
222:10; 223:22; 224:20;
227:22; 228:7, 9, 21;
229:17, 19; 233:10;
235:21; 236:20; 242:21;
243:10; 245:4; 248:7;
251:17; 253:21; 254:2;
255:11, 24; 256:3, 13;
259:14; 260:7; 261:1,
19; 262:4; 268:10;
270:5, 14; 271:25;
274:14; 276:23; 277:18;
278:8; 279:3; 280:10;
283:18; 287:11, 21, 25;
288:2; 289:1; 297:8;
298:2, 21; 299:4;
305:1, 15; 306:8, 11;
308:13; 313:19; 320:6,
17; 321:10
Honor's [1] - 180:4
HONORABLE [1] - 136:11
hope [2] - 173:14;
231:8
hot [2] - 311:24; 313:4
hour [1] - 143:6
house [10] - 196:1;
259:24; 307:19;
308:2-4; 310:7; 311:11,
13, 19
houses [3] - 149:21;
151:9, 12
hugs [1] - 154:6
hung [1] - 172:3
husband [4] - 307:22;
313:5; 317:25; 318:4
hyphen [1] - 244:9
I
idea [3] - 155:23;
313:21; 316:24
identification [5] -
176:5; 213:6; 235:14;
246:16; 280:2
Identification [1] -
193:8
identified [4] -
180:2; 190:13; 199:12;
248:16
identify [7] - 189:24;
193:9; 195:12; 196:18;
235:14; 291:4; 308:2
ignorance [1] - 261:9
illegible [1] - 256:21
imaginary [6] -
153:10; 163:2, 4;
165:5, 13
imagination [1] -
163:5
imagine [3] - 157:22;
165:6; 168:20
immaterial [1] -
238:19
immediately [1] -
302:9
impact [8] - 171:12;
194:17; 236:4, 10;
253:16; 255:1; 272:16;
310:1
impacted [2] - 312:5
implicates [1] - 312:4
implied [1] - 234:4
importance [1] -
309:13
impose [1] - 193:5
impossible [2] -
147:4; 260:13
impression [3] -
191:11; 292:16
inaccurate [1] -
153:20
INC [1] - 136:4
inch [13] - 208:16;
226:21; 247:19; 248:17;
249:2; 250:22; 253:4,
15; 255:8; 256:24;
258:21; 260:3
inches [4] - 163:9;
164:4; 165:6; 208:17
includes [5] - 158:25;
159:14; 247:14; 259:17;
298:19
income [1] - 183:22
inconsistent [1] -
259:8
Incorporated [1] -
190:2
incorrect [1] - 147:6
incumbent [1] - 245:22
indeed [2] - 180:9;
303:14
indemnity [1] - 215:4
INDEX [1] - 322:1
indicate [5] - 142:24;
143:6; 184:18; 202:23;
236:24
indicated [5] -
182:13; 193:1; 203:7,
14; 245:20
indicates [2] -
201:16; 218:3
indicating [2] -
150:10; 186:21
Indicating [1] -
OWEN WICKER, RPR
11
162:11
indicating) [3] -
149:24; 187:1; 308:23
indication [2] -
202:2; 235:18
individual [5] -
170:16, 19; 171:11;
240:7; 263:22
individually [4] -
170:1; 171:6; 243:13;
266:2
individuals [1] -
283:24
information [7] -
166:20, 23; 171:19;
270:1; 274:1; 308:19
informative [1] -
301:19
informing [1] - 211:2
infringement [1] -
255:20
infringements [1] -
255:15
inhibit [1] - 256:24
initial [2] - 140:16;
293:14
initiating [1] -
171:16
injunction [5] -
161:3; 177:8, 19;
205:17; 210:18
injury [1] - 256:20
innocuous [1] - 273:25
inside [1] - 181:20
inspection [1] -
200:22
inspector [1] - 247:7
install [1] - 209:16
installation [2] -
200:23; 245:22
installed [3] - 195:1;
245:23; 259:5
instance [2] - 174:16;
183:14
instances [1] - 227:5
instead [1] - 164:19
institution [2] -
263:4
institutions [1] -
265:20
intend [7] - 151:15;
154:18; 162:18, 22;
216:16; 289:18
intendment [1] - 194:3
INTENDMENT [1] - 194:3
intends [1] - 197:11
intent [4] - 245:15;
252:23; 271:18, 20
intentions [1] - 251:3
interested [1] - 271:7
internal [1] - 202:16
international [1] -
263:24
interpret [1] - 237:24
interpretation [1] -
159:23
interviews [1] - 143:1
introduce [1] - 139:2
introduced [1] -
304:20
introduction [1] -
298:24
invoking [1] - 270:6
involved [2] - 216:18;
261:22
involvement [4] -
237:11; 238:3, 8; 239:6
irrelevant [4] -
233:6; 234:15; 236:18;
258:24
Island [9] - 162:6, 10,
14-15, 19, 22; 163:1;
195:7
Islip [2] - 136:6;
137:6
Israel [1] - 305:16
issue [15] - 144:9;
166:21; 197:11; 211:9;
232:25; 233:17, 19;
245:21; 265:10, 18;
266:6; 284:1; 285:16;
309:22; 320:2
issued [1] - 271:21
issues [7] - 138:17;
217:16; 261:3, 17;
266:5; 278:13; 285:25
issuing [1] - 194:18
item [5] - 224:11;
254:20; 259:18
itself [4] - 142:15;
165:15; 200:1; 236:1
J
Jamaica [3] - 307:1;
318:7, 14
James [1] - 298:9
January [2] - 262:13,
21
JASPAN [1] - 137:1
Jaspan [1] - 138:8
Jeltje [2] - 138:11;
179:8
JESSIE [1] - 136:16
Jessup [8] - 153:8,
10-12, 15, 17
Jewish [15] - 142:20;
151:4, 11; 152:22;
158:21; 159:6, 25;
160:6; 161:16; 163:16;
177:22; 178:6, 12;
298:16; 318:23
Jews [1] - 206:11
Jo [2] - 156:22; 298:9
Joan [3] - 156:23;
157:8; 298:10
job [2] - 139:7; 295:18
Joe [2] - 138:1; 139:18
john's [1] - 307:15
join [3] - 309:4, 6, 11
joined [4] - 313:23;
314:5; 321:2
joint [5] - 203:7, 14,
18; 204:4, 11
jointly [1] - 203:25
JOSHUA [1] - 136:17
Jr [1] - 138:11
JR [1] - 136:20
JUDGE [1] - 136:11
Judge [12] - 139:19;
149:3, 14; 150:21;
155:13; 161:7, 12;
164:5; 166:5; 238:20;
250:10; 304:10
judgment [1] - 294:12
judicial [1] - 159:20
June [7] - 136:8;
199:7; 220:14; 221:1,
4, 25; 321:17
jurisdiction [3] -
158:25; 159:14; 298:19
jury [2] - 142:5; 171:4
justice [3] - 169:14;
257:9; 263:21
justifiable [1] -
261:12
K
Kametler [2] - 291:9;
298:10
KAMETLER [1] - 298:10
Kathy [1] - 242:1
keep [2] - 238:13;
315:2
keeping [1] - 242:22
kept [1] - 315:5
key [1] - 181:18
kind [9] - 155:2;
210:14; 211:13; 248:4;
254:5; 260:9; 304:13;
307:17; 314:5
knowing [1] - 303:18
knowledge [16] -
161:14; 170:4, 13-14;
171:3; 173:1; 178:15;
209:12; 250:6; 252:8,
14; 266:11, 18, 20;
285:7; 312:18
known [2] - 160:14;
164:25
knows [10] - 172:12;
178:20; 182:25; 238:19;
252:17; 278:10-12;
282:7; 316:21
L
L-A-U-B-E [1] - 231:18
labeled [2] - 154:10,
12
lack [1] - 159:25
landlocked [1] -
311:18
lands [1] - 312:1
Lane [8] - 153:8,
10-12, 15, 17, 19
language [1] - 173:25
large [1] - 304:22
larger [5] - 164:17;
229:1; 277:2, 5; 307:6
last [25] - 143:23;
146:5, 13; 156:24;
157:10; 163:7; 166:11;
172:16; 180:3; 182:8;
187:9; 190:7; 191:22;
194:12; 210:17, 21;
214:7; 215:7; 231:17;
286:22; 290:10; 305:16;
306:12; 320:8
Laube [7] - 231:4, 18,
23; 234:4, 12; 236:4;
237:10
laughter [1] - 181:19
Law [1] - 136:22
law [43] - 151:4, 11;
152:22; 158:21; 159:6;
160:1, 6; 161:17;
163:17; 168:17; 177:7,
10, 22; 182:12; 193:25;
194:6; 218:20; 245:11;
250:6, 9; 251:10;
253:8; 257:13, 16, 21;
258:6; 267:5, 20;
282:7; 298:16; 307:11,
14-15, 17-18; 317:9,
11; 318:22
OWEN WICKER, RPR
12
laws [16] - 160:1;
246:1; 253:20; 257:10,
16; 276:19; 277:9;
278:24; 279:5, 18, 21;
284:12; 296:23; 299:13;
305:5
lawsuit [7] - 147:22;
157:14; 171:17; 194:24;
212:10; 285:22; 286:1
lawyer [6] - 155:22;
156:14; 157:23; 301:11;
320:7, 10
lawyers [4] - 139:10;
160:13; 261:17
lay [5] - 145:3; 247:9;
279:4, 6, 9
lead [1] - 256:22
leaders [1] - 297:4
leading [2] - 225:20;
287:11
League [1] - 173:12
lean [2] - 182:13, 22
leaning [1] - 165:9
learn [2] - 285:1;
301:20
learned [2] - 285:9, 12
learning [1] - 263:19
least [4] - 205:11;
213:15; 214:21; 250:16
leave [5] - 181:18;
182:9, 11; 236:6; 312:1
lechi [52] - 163:10,
16; 164:6, 9, 14, 17,
20; 178:8; 208:20, 23;
209:13; 210:3, 7, 14;
211:13; 217:5, 17;
224:10, 15, 17; 226:21;
227:12; 229:1, 4, 8,
12, 14; 230:4, 7;
240:2; 247:20; 248:17;
249:2; 252:3, 6, 15;
253:16; 256:24; 257:2,
7, 12, 20; 258:21;
260:3; 266:14; 267:7;
320:21; 321:5
lechis [67] - 145:16;
146:3, 21, 25; 147:2,
6; 150:2-5, 8-9; 154:1;
161:19; 163:8, 20-21;
164:1, 4; 172:19;
174:4, 16; 178:1, 3;
184:9, 20, 24; 185:25;
186:6; 192:3; 193:3,
20; 194:2, 25; 197:7,
12; 200:19, 23; 209:3,
8, 17; 211:3; 215:2,
19; 217:19, 21-22;
225:18, 24; 226:1, 24;
227:4, 6, 15, 18;
245:13, 22; 247:3;
253:4; 258:4; 267:21;
283:15; 287:17; 313:25;
314:1
led [2] - 226:4
leeway [1] - 160:14
left [20] - 151:25;
152:7-9, 21; 154:14;
175:15; 181:19; 186:22;
225:9; 227:13; 248:15;
263:1; 294:22, 24;
306:9; 319:16; 320:10
left-hand [2] -
294:22, 24
legal [9] - 178:6;
195:1; 217:16; 218:25;
247:24; 277:14; 278:13;
305:4
legally [1] - 194:6
legislative [5] -
270:5; 271:18, 20;
274:21
legislator [2] -
270:7; 271:21
legislature [2] -
232:18; 275:1
lengthy [1] - 313:4
LEO [1] - 136:25
LEONARD [1] - 136:11
less [4] - 160:18;
201:6; 224:25; 319:25
lest [1] - 246:2
letter [56] - 158:1,
4-5, 9; 160:24; 174:20,
24; 175:10; 176:5,
10-11; 190:1, 17, 25;
191:11, 18; 192:12;
193:11, 20; 194:1, 14,
16; 196:21, 25; 197:25;
198:3, 7; 207:6;
211:25; 212:3, 5-6, 9;
213:19; 245:6, 13;
246:6, 11; 247:7;
251:22; 252:1, 5, 12;
264:6; 291:5, 11, 13;
292:2; 293:5, 11, 15;
298:8, 12; 301:22;
304:24
letters [1] - 157:25
Levan [6] - 156:23;
157:8; 291:8; 294:18,
25; 298:10
liable [1] - 170:20
Library [1] - 319:16
Liccione [1] - 226:11
LICCIONE [111] -
137:2; 138:4, 7; 143:9,
17, 20; 144:5, 17, 25;
145:3; 167:22; 168:24;
169:24; 170:24; 171:8,
10, 14; 172:14; 173:4,
15, 17; 174:7, 14;
175:5, 7, 15, 20;
176:3, 15, 21; 177:6,
16-17; 179:6; 180:3, 6,
12, 18, 25; 182:21;
183:25; 190:4, 9, 23;
192:6, 12; 194:11, 20;
211:22; 213:23; 214:1,
5; 215:11; 216:19, 22;
219:3, 7; 223:19, 22;
224:20; 229:17, 19, 22;
230:11; 233:10; 247:5,
22; 249:3, 13; 250:12,
24; 251:17; 252:7, 16;
255:24; 256:5, 8, 15;
257:23; 258:23; 259:14,
20, 22; 260:5; 262:7;
267:1, 8, 13, 23;
268:10; 287:25; 289:11;
306:11; 308:13; 310:25;
311:5; 312:9; 317:1, 3,
6; 318:21; 319:19, 23;
320:2, 5; 322:7, 12,
15, 21; 323:7
Liccione's [1] - 139:5
license [11] - 181:20;
197:8; 203:6; 219:9,
11, 13; 220:12; 245:21;
281:15; 282:2; 286:16
licensee [4] - 199:11;
218:3; 281:16; 286:17
licensee's [1] -
226:17
licenses [6] - 144:9,
14; 194:18; 197:11;
283:7
licensing [1] - 199:2
licensor [2] - 281:16;
286:17
life [7] - 254:17, 20,
22; 255:2, 15, 21;
296:5
lights [2] - 257:25
likely [1] - 186:20
limit [3] - 187:10;
278:14; 279:13
limited [2] - 185:8;
187:8
limiting [1] - 250:7
line [15] - 150:15;
152:14; 153:1, 10, 18;
154:5, 14; 160:5;
161:5; 165:5, 11;
186:21, 23; 187:3
lines [1] - 147:4
LIPA [10] - 143:8, 23;
144:9, 16, 21; 203:20;
204:19; 205:3; 241:22
list [11] - 150:4;
186:2, 7, 11; 187:25;
203:25; 204:3, 9-10,
14; 289:21
listed [8] - 163:9;
180:9, 19; 186:22;
205:5; 289:24; 290:1
listen [4] - 158:9;
260:25; 294:12; 310:21
listened [1] - 296:4
listing [2] - 185:24;
187:13
lists [1] - 208:12
literal [1] - 177:24
literally [1] - 143:5
literature [3] -
142:17; 143:1; 299:23
litigant's [1] -
159:22
litigate [1] - 173:5
litigation [6] -
141:15; 212:13; 215:15,
18; 219:21; 248:20
live [3] - 232:1, 5, 7
lived [3] - 232:3;
308:17; 311:10
lives [1] - 307:21
living [1] - 237:10
LLP [4] - 136:14, 19,
23; 137:1
local [6] - 160:1;
233:22, 25; 235:11;
246:1; 265:9
located [4] - 155:6;
159:3; 308:3
look [37] - 150:20;
155:16; 180:1, 7;
197:4, 24; 201:7, 11,
20; 206:22; 207:14;
208:19, 23-24; 218:1;
220:9; 221:22; 223:5,
9; 224:3, 11; 248:14;
249:8; 250:1; 256:17;
259:2; 264:13; 270:21;
281:4; 286:3, 9; 287:2;
295:19; 298:5, 11
looked [2] - 219:21;
264:2
looking [12] - 149:12;
195:16; 212:5; 225:12;
259:25; 264:10, 20, 25;
265:3; 270:23, 25;
271:9
looks [1] - 164:6
OWEN WICKER, RPR
13
loose [1] - 207:13
lost [4] - 241:7, 11,
14; 304:13
loud [1] - 173:15
LUISE [1] - 136:16
lunch [2] - 224:24;
228:20
Luncheon [1] - 230:16
M
ma'am [6] - 167:24;
170:2, 18; 176:13, 25;
321:1
mail [2] - 243:4, 8
mails [8] - 265:11-13,
15, 17, 25; 266:1, 5
Main [1] - 238:25
mainland [1] - 153:13
major [3] - 192:23;
304:23; 312:4
majority [3] - 272:10;
273:21; 284:12
man [2] - 156:24; 191:3
MANGES [1] - 136:14
Manhattan [3] - 183:5,
7, 17
manifest [1] - 142:15
map [25] - 145:10, 22;
147:18; 148:5, 13;
149:9, 15; 150:1, 3, 5;
151:25; 153:20; 155:11;
156:1, 3-4, 6; 162:9;
186:15; 300:7; 307:24;
308:2, 10, 21
maps [1] - 153:6
March [1] - 156:18
MARCI [1] - 136:22
mark [1] - 308:20
marked [12] - 176:4;
193:7; 194:10; 195:9;
200:25; 213:6; 220:19;
226:5; 280:1; 290:24;
298:6; 307:25
marker [1] - 149:17
markers [2] - 151:16;
177:23
marketing [1] - 263:1
marking [1] - 178:2
marshal [1] - 239:1
Marvin [1] - 213:3
master's [1] - 263:24
material [6] - 209:7,
13; 226:1; 282:3, 13;
283:8
matter [13] - 165:24;
166:12, 19; 188:12;
196:4, 6-7; 216:19;
238:18; 241:10; 266:23,
25; 298:6
matters [2] - 284:8, 12
Matthews [1] - 201:8
MAUREEN [1] - 137:2
Mayor [14] - 140:18,
24; 141:2, 10-11, 19;
156:22; 157:12; 196:23;
236:10; 268:14, 25;
276:25
mayor [40] - 141:4, 13;
142:11; 158:6; 159:2;
165:23; 166:2; 232:19,
24; 234:21, 25; 268:21;
269:1, 11; 271:21;
272:2, 6, 11, 13-14,
21; 273:15; 274:8;
275:9-11, 15, 19;
276:18; 277:20; 280:1;
282:6; 283:20, 24;
284:5, 8, 11; 296:8;
297:20
mayor's [1] - 142:17
McGuiness [1] - 242:2
mean [13] - 143:13;
152:8; 153:5; 162:25;
192:10; 198:12; 219:8;
239:19; 257:9; 301:21;
303:22; 304:16; 305:9
meaning [2] - 194:3;
245:15
meaningless [1] -
246:2
means [8] - 165:4;
170:20; 178:25; 203:1,
16, 19, 22
meant [4] - 237:2;
249:21; 255:13; 305:14
measured [1] - 319:12
mechanical [1] - 137:9
meet [1] - 316:7
meeting [5] - 140:23;
166:20, 23; 274:3;
296:7
meetings [2] - 296:3;
317:13
member [12] - 169:10;
170:13; 192:9; 309:1,
8, 12, 23; 310:5;
316:10; 317:14
members [12] - 169:11,
13; 170:1, 15; 181:11;
191:1; 266:19; 284:5,
17; 312:6, 15; 313:17
membership [1] - 157:5
memorandum [2] -
177:7, 10
memory [1] - 156:18
mental [1] - 263:13
mention [2] - 181:1;
265:9
mentioned [4] - 164:1;
246:14; 263:15; 305:15
merely [1] - 247:23
message [4] - 173:14;
179:1, 4; 249:22
messages [1] - 257:25
met [3] - 159:7; 272:2;
285:24
metal [2] - 195:24
Michael [3] - 193:12;
212:1; 244:22
middle [5] - 180:8, 20;
205:17; 237:23
might [6] - 184:11;
250:19; 255:14; 257:3;
258:2; 308:13
mike [2] - 231:19;
306:20
mile [5] - 155:8;
313:3; 319:11, 25;
320:1
Mill [1] - 287:7
mind [12] - 142:6;
180:23; 190:21; 248:21;
250:21; 270:7, 10;
271:1; 287:5; 299:24
minor [2] - 304:5;
312:4
minority [2] - 263:11,
19
minute [7] - 157:7;
159:10; 167:15; 234:12;
237:22; 287:21; 300:5
minutes [7] - 166:16,
19; 174:19; 188:10;
196:5; 224:23; 279:4
miscellaneous [1] -
217:20
mischaracterized [1]
- 182:19
mischaracterizing [1]
- 182:16
MISHKIN [11] - 136:16;
306:24; 308:20, 25;
309:25; 310:6, 16;
311:8; 313:13; 321:12;
323:5
Mishkin [3] - 305:17,
22, 25
misleading [2] -
255:7; 259:15
mispronounce [1] -
169:16
Miss [1] - 256:14
mistaking [1] - 238:20
misunderstanding [1]
- 184:11
mixture [1] - 265:14
modification [1] -
146:20
moment [7] - 144:22;
191:4; 211:16; 285:12,
14; 298:13
Mona [1] - 270:18
money [4] - 200:16, 20,
24; 201:5
month [1] - 316:17
months [3] - 241:15;
242:18; 309:5
mooring [3] - 154:17;
168:19, 22
moorings [8] - 152:18,
20, 24; 154:2, 17, 19;
168:3, 11
Moriches [2] - 153:4;
154:5
morning [8] - 155:19,
24; 167:23; 181:22, 24;
239:23; 318:6
Morris [2] - 139:24;
272:2
most [6] - 138:25;
140:22; 150:6; 183:15;
251:11; 311:16
mostly [1] - 263:19
mother [3] - 307:23;
309:20; 311:16
motion [3] - 272:21,
24; 273:1
motorists [1] - 256:19
move [15] - 147:10;
171:13; 176:14; 180:13,
22; 213:23; 234:7;
236:17; 241:12; 242:19;
251:19; 274:14; 309:24;
313:12
moved [8] - 147:7;
168:22; 192:15; 232:8;
236:14; 237:5; 242:18;
262:25
moving [1] - 147:4
MR [366] - 138:10, 13,
16, 23; 139:2, 14;
140:2, 9, 11, 15, 25;
141:5, 8, 22, 25;
142:2, 7, 13; 143:21;
144:23; 145:8, 19;
146:9, 14, 18; 147:13,
17; 148:4, 7, 11-12;
149:25; 151:2, 14;
OWEN WICKER, RPR
14
158:17, 20; 159:16;
160:10, 21; 161:24;
163:23, 25; 164:23;
165:14; 166:15; 167:11,
15, 17; 169:22; 170:22;
172:11; 173:2; 175:4,
25; 176:17; 177:14;
180:14; 182:16, 19;
184:3, 7; 185:3, 7, 11;
186:8, 10, 12, 14;
187:2, 5, 11, 15, 17,
20, 24; 188:2, 4;
189:3, 14, 21; 190:6,
11, 20; 191:2, 6;
192:15; 193:14; 195:11,
19; 196:3, 9, 14;
197:19, 23; 199:18, 25;
200:9; 205:21; 206:20;
210:15; 211:16, 19;
213:24; 216:7, 10, 13;
218:23; 219:2; 220:4;
222:10, 25; 224:8, 23,
25; 225:5, 8, 20;
226:7; 227:7, 19, 21,
23; 228:3, 7, 9, 17,
21; 229:16; 230:9;
231:4, 7, 9, 22; 233:4,
15, 23; 234:7, 11, 15,
18; 235:1, 6, 8, 13,
16-17, 21, 23; 236:2,
4, 8, 11, 13, 18, 20,
24; 237:9, 13, 16, 22,
24; 238:2, 11, 14, 16,
20; 239:2, 8, 11, 14,
16, 19, 25; 240:5, 9,
25; 242:14, 16, 20-21,
25; 243:6, 10, 25;
244:15; 245:4; 246:24;
247:1; 248:13; 249:9;
250:4, 20; 251:7, 20;
252:11, 19; 253:13, 21;
254:18; 255:3, 7;
256:2, 6, 13, 16;
258:3; 259:23; 262:4;
267:3, 18; 268:1, 8,
14, 24; 269:14, 18;
270:4, 13, 16, 20, 24;
271:2, 5, 10, 25;
272:1; 274:12, 14, 16,
20, 25; 276:5, 8, 15,
17, 22, 24; 277:12,
18-19, 24; 278:8, 10,
17, 22; 279:2, 14, 25;
280:10, 12, 14; 281:9,
12, 21, 25; 282:4, 10,
14, 17, 20, 23; 283:2,
4, 9, 12, 17, 19, 23;
284:2; 287:11, 13, 21,
23; 288:2; 289:1, 7, 9,
13, 16, 20, 22, 25;
290:3, 14; 293:23, 25;
294:7; 295:12; 297:7,
13, 15; 298:1, 4,
21-22, 25; 299:4, 8;
300:9, 11, 20; 301:2,
9; 303:5, 8, 20; 304:6,
10; 305:11, 14-15, 20,
22; 306:2, 5; 310:2,
12, 23; 311:4; 312:8,
13, 20; 313:16, 19, 22;
316:13, 16, 19, 25;
319:18; 320:6, 12, 14,
16, 20; 321:7, 9, 11;
322:4, 8-11, 13-14,
17-20, 22, 24-25;
323:1-3, 6, 8
MS [121] - 138:4, 7;
143:9, 17, 20; 144:5,
17, 25; 145:3; 167:22;
168:24; 169:24; 170:24;
171:8, 10, 14; 172:14;
173:4, 15, 17; 174:7,
14; 175:5, 7, 15, 20;
176:3, 15, 21; 177:6,
16-17; 179:6; 180:3, 6,
12, 18, 25; 182:21;
183:25; 190:4, 9, 23;
192:6, 12; 194:11, 20;
211:22; 213:23; 214:1,
5; 215:11; 216:19, 22;
219:3, 7; 223:19, 22;
224:20; 229:17, 19, 22;
230:11; 233:10; 247:5,
22; 249:3, 13; 250:12,
24; 251:17; 252:7, 16;
255:24; 256:5, 8, 15;
257:23; 258:23; 259:14,
20, 22; 260:5; 262:7;
267:1, 8, 13, 23;
268:10; 287:25; 289:11;
306:8, 11, 24; 308:13,
20, 25; 309:25; 310:6,
16, 25; 311:5, 8;
312:9; 313:13; 317:1,
3, 6; 318:21; 319:19,
23; 320:2, 5; 321:12;
322:7, 12, 15, 21;
323:5, 7
multimillion [1] -
215:16
municipal [3] - 218:4,
12; 251:2
municipalities [1] -
238:22
municipality [5] -
159:2, 4; 192:22;
305:6; 307:6
must [4] - 158:22;
159:6; 218:19; 298:17
N
name [22] - 144:22;
156:24; 157:13; 169:16;
189:11; 191:20, 22;
198:17; 231:17; 234:3;
258:22; 290:10;
306:19-21; 308:4, 8,
11; 316:4, 6
named [1] - 157:11
nameplate [1] - 258:16
names [2] - 169:15;
202:4
Nations [1] - 264:1
natural [5] - 145:14;
146:1; 150:6; 174:11;
315:12
nature [4] - 243:5;
249:7; 251:4; 277:16
near [2] - 151:25;
287:10
nearly [1] - 258:21
necessitate [1] -
146:20
necessity [2] -
159:25; 226:19
need [17] - 160:12;
162:25; 171:5; 196:5;
215:18; 218:16; 225:19;
226:22; 275:23; 276:11;
292:24; 299:17; 300:13,
17-18; 304:21
needed [8] - 163:19;
191:12; 226:1, 10;
229:12; 296:2; 299:14;
313:25
needs [1] - 263:22
neon [1] - 257:25
never [24] - 154:23;
161:13, 19; 166:25;
192:24; 198:9, 14;
212:23; 241:25; 247:25;
249:25; 250:1; 251:12;
274:6; 275:5, 10-11;
296:4; 297:23; 304:25;
308:19; 314:2
new [13] - 146:21;
192:10; 202:18; 221:7;
222:23; 226:4; 228:25;
229:7, 9; 236:22;
316:18
NEW [1] - 136:1
New [10] - 136:6, 15;
137:6; 183:22; 202:5;
218:20; 263:2; 288:23;
307:2
newspaper [8] - 206:1,
3; 233:22, 25; 235:15,
19; 265:10; 312:1
next [17] - 144:24;
187:7, 23; 189:2;
194:5; 201:11, 20;
204:9, 25; 215:7;
220:7; 231:3; 243:23;
259:16; 268:12; 282:18
night [4] - 181:17, 23;
182:2; 313:7
nights [1] - 318:4
nobody [1] - 315:5
nonapplication [1] -
279:23
none [1] - 289:2
nonilluminated [1] -
260:1
nonjury [1] - 171:4
nonparty [6] - 138:14,
18-19, 23
normal [1] - 200:3
North [1] - 202:6
north [10] - 146:24;
147:1, 7-8, 10-11;
153:1; 186:23; 187:4
north-south [9] -
146:24; 147:1, 7-8,
10-11; 186:23; 187:4
northerly [6] - 152:1,
6, 14, 16; 153:7;
161:25
northern [1] - 162:3
northernmost [1] -
162:4
not-for-profit [2] -
263:10; 264:2
noted [1] - 138:5
nothing [20] - 139:1;
141:18; 143:6; 151:22;
160:1; 168:17, 20;
198:3, 8; 204:5;
250:21; 259:11; 268:8;
281:14; 286:15; 287:23;
305:12, 14; 320:5
notified [3] - 165:16,
20; 302:7
November [2] - 193:11;
262:11
nowadays [2] - 307:13,
23
nuisance [1] - 312:5
nuisances [1] - 255:14
number [28] - 146:23;
152:1; 162:12; 172:19;
174:16; 201:23; 202:12,
16, 18, 21, 25; 203:1;
213:25; 218:9; 224:11;
247:12; 255:14; 258:1;
OWEN WICKER, RPR
15
259:18; 264:20; 265:3;
266:5; 280:6; 307:11;
311:20
numerous [5] - 140:22;
142:16; 265:12; 266:5;
319:12
NY [4] - 136:15, 20,
24; 137:2
nylon [1] - 224:12
NYU [1] - 307:12
O
Oak [1] - 287:7
oath [1] - 304:8
object [8] - 143:17;
151:2; 153:23; 228:9;
235:17; 247:8; 313:19;
320:6
objected [1] - 273:19
objecting [2] - 192:8;
238:13
objection [119] -
140:9, 25; 141:22;
143:9; 144:5, 17;
145:1; 146:9; 159:17;
164:23; 167:11; 169:22;
170:22, 25; 172:11;
173:2; 175:4; 176:16;
180:14; 182:16; 186:8,
12; 187:5, 15; 188:2;
190:20, 23; 192:6;
194:11, 20; 195:19;
199:25; 200:9; 205:21;
210:15; 213:24; 216:7,
10, 13; 218:23; 219:2;
220:4; 222:10, 25;
225:20; 226:7; 227:7,
19; 228:7; 230:9;
233:4, 11, 23; 234:15;
235:6; 236:7, 11, 18;
237:13; 238:11; 242:20,
25; 243:6; 247:5, 22;
249:3; 250:12, 24;
252:7, 16; 255:3, 24;
257:23; 258:23; 259:14;
260:5; 267:8, 13, 23;
269:14; 270:2, 4;
271:9; 274:12, 20;
276:5, 15; 277:12, 24;
278:6; 279:2; 281:21;
282:4, 14-15; 283:9;
287:11; 293:23; 294:7;
295:12; 298:21; 299:4;
300:20; 301:9, 12;
303:5, 20; 310:2, 12;
312:8, 13; 316:13, 19;
321:7
observance [1] -
309:16
observant [2] -
178:12, 16
observe [1] - 309:23
observers [1] - 309:15
obtain [1] - 295:10
obtained [1] - 186:3
obtaining [1] - 218:4
obviously [4] -
160:16; 172:23; 182:4;
314:2
occasion [1] - 275:6
occasions [1] - 319:12
occurred [1] - 301:22
Ocean [3] - 148:18, 21;
202:6
October [8] - 158:7;
183:11; 196:21; 197:5,
14; 232:4; 298:8, 15
OF [3] - 136:1, 7, 10
offer [4] - 190:12;
193:14; 235:16; 297:7
offhand [2] - 273:6;
316:4
office [14] - 183:15,
17; 202:11; 240:10;
241:3, 5; 245:23;
262:12, 21; 265:6;
285:21; 297:14; 308:9;
320:10
official [13] -
158:24; 159:1, 14;
161:8; 191:15; 295:4,
11, 18; 296:21, 23;
298:19; 305:2; 308:4
officially [2] -
154:24; 274:6
officials [3] - 143:3;
198:10; 243:8
often [4] - 196:1;
309:20; 313:6; 318:1
once [1] - 309:10
one [71] - 139:5;
146:12, 15; 149:13, 23;
155:8; 157:25; 159:17;
167:15; 170:12; 180:3;
184:3; 186:20; 187:9;
192:23; 196:10; 198:10;
202:6; 207:14; 208:16;
210:6, 12; 211:8, 16;
212:21; 215:5; 218:10;
220:11; 222:1; 225:10;
228:22; 229:17; 232:19;
233:19; 237:6; 238:13,
25; 247:13, 16; 250:2,
16; 251:4, 6; 252:25;
253:9; 254:1; 255:16,
18; 256:18; 258:16;
260:18; 264:14, 20;
265:3; 269:9; 270:10;
273:7; 277:2; 280:17;
284:8; 287:21; 292:23;
305:24; 309:5, 10;
310:11, 17; 311:10
one-mile-square [1] -
155:8
ones [4] - 164:1;
247:13; 250:1; 317:2
open [3] - 296:13, 16
open/closed [1] -
260:1
opened [2] - 162:8;
242:21
operation [3] -
190:21; 270:8, 10
opinion [17] - 161:2;
215:4; 245:25; 260:15;
271:4, 6, 8; 273:13;
274:11; 275:4, 7;
276:6, 11; 279:9;
284:16; 301:16; 321:4
opponent [1] - 240:22
opportunity [2] -
260:19; 295:6
oppose [16] - 141:15;
269:23; 275:2; 294:6,
11; 295:1, 3, 7, 9, 17,
25; 303:19, 23
opposed [13] - 148:2;
179:12; 181:12; 273:11;
274:9; 275:4, 18;
276:14; 291:14; 292:5;
297:17; 303:17; 304:17
opposing [2] - 300:18;
301:7
opposition [12] -
141:21; 142:10; 143:7;
144:3, 10; 145:5;
273:18, 24; 274:18;
291:20; 302:12; 303:11
orange [1] - 270:16
Orange [2] - 270:18;
271:16
order [13] - 158:21;
163:16; 197:17; 214:23;
215:14; 226:9; 229:11;
241:17; 250:15; 296:2;
298:16; 304:22
ordinance [28] -
171:22; 193:1; 219:19,
24; 239:10, 16, 18;
240:1; 246:8, 12, 14,
16; 248:5; 250:14;
253:20; 254:5, 21, 25;
257:5, 13; 264:15;
267:11, 16; 268:5;
272:18; 278:12; 282:6
ordinances [10] -
171:24; 253:8, 19;
257:8, 10; 276:19;
277:9, 22; 278:11, 24
ordinary [1] - 222:23
organization [6] -
147:25; 154:18; 162:18;
263:10; 313:25; 314:6
original [2] - 155:16;
277:3
originally [1] -
273:25
orthodox [6] - 178:12,
19, 23; 206:11; 234:5;
237:3
otherwise [2] -
281:18; 286:20
ought [1] - 216:17
ourselves [1] - 254:6
outline [10] - 145:12,
16; 150:9, 12; 154:15;
155:6, 8, 12; 316:12
outlined [1] - 156:5
outlines [2] - 145:10,
12
outlining [1] - 145:17
outside [11] - 216:9;
256:22; 295:5, 11;
297:3; 309:16; 311:24;
312:1, 3; 313:4; 316:24
overhead [3] - 145:15;
146:2; 174:12
overruled [34] -
140:13; 142:8; 144:8;
145:6; 146:16; 151:5;
160:8; 167:12; 171:1;
192:7, 19; 200:11;
226:8; 233:12; 235:7;
237:14; 238:17; 247:10;
250:13, 25; 255:10;
257:24; 267:9, 14, 25;
269:15; 282:9; 283:10;
293:24; 295:13; 300:21;
303:6, 21; 312:10
overruling [1] -
301:13
OWEN [1] - 137:5
own [14] - 142:17;
194:24; 197:10; 237:21;
247:8; 270:10; 271:15,
17, 19; 284:16; 287:5;
299:13; 308:19; 312:18
owned [14] - 168:12;
203:20, 25; 204:1, 4,
11, 18-19; 205:1, 3, 6
owner [2] - 168:14;
194:6
OWEN WICKER, RPR
16
ownership [6] - 203:7,
14, 16, 18
owns [2] - 195:18;
203:17
P
P-E-S-H-K-U-R [1] -
210:5
P-O-L-L-A-C-K [1] -
306:22
page [50] - 158:9;
175:2; 176:22; 180:7;
188:14; 193:22, 24;
201:7, 11-12, 17,
20-21, 23; 202:4;
203:11; 204:5, 9-10,
25; 208:7; 212:16;
213:14; 214:20; 221:22;
222:2; 233:22; 245:10;
246:19, 24; 249:1;
252:22; 258:8, 13;
259:16; 264:13; 280:3,
7, 11-12; 281:4, 7-8,
13; 286:10; 287:2;
291:2
pages [1] - 250:17
paid [2] - 216:18;
223:24
painted [1] - 208:17
palpable [1] - 236:21
papers [2] - 158:15;
235:11
paperwork [1] - 241:21
parade [4] - 238:4;
239:1, 4; 242:10
paragraph [22] -
172:2; 173:18; 175:2;
176:22; 193:23; 194:5;
197:4; 199:10, 17;
212:17; 213:14; 214:20;
215:8; 223:5; 245:10;
246:9; 283:1, 6; 286:9,
11; 302:11
paragraphs [1] -
245:19
parallel [2] - 153:8;
154:8
park [1] - 152:19
parking [1] - 181:18
part [27] - 149:1;
151:13; 152:21; 163:2;
168:2; 175:21; 178:1;
194:12; 201:14, 17, 19,
25; 205:14; 214:5;
222:4; 228:10; 263:3;
264:1; 270:16; 273:14;
283:19; 284:6; 302:15;
307:6; 308:7
particular [17] -
144:18; 155:17; 159:21;
174:16; 184:14; 190:22;
200:15; 217:11, 17;
236:25; 248:7; 250:2;
252:14; 267:5, 20
particularly [1] -
178:6
parties [5] - 205:6;
281:17; 282:3, 12;
286:19
partner [2] - 138:7, 11
parts [1] - 251:24
party [2] - 138:17;
192:21
passed [1] - 284:12
past [3] - 173:11;
187:4; 316:17
Patchogue [1] - 202:11
Patrick's [6] - 238:4,
7; 241:16; 242:5, 10
patron [3] - 179:15,
19; 180:9
Patterson [1] - 314:12
pause [4] - 191:7;
211:17; 213:11; 221:20
pavement [1] - 320:1
pay [4] - 183:19,
21-22; 288:16
paying [1] - 216:12
peacekeeping [1] -
264:1
pedestrian [1] -
264:21
pedestrians [1] -
256:19
penalties [2] - 193:5;
194:7
peninsula [2] - 152:9,
21
people [10] - 138:25;
142:19; 144:18; 233:19;
234:2; 239:21; 273:21;
279:7; 289:25; 321:5
performance [1] -
240:22
perhaps [1] - 153:5
perimeter [2] -
153:21, 24
period [5] - 155:8;
194:22; 202:5; 217:19;
222:18
periods [1] - 183:8
permanent [3] -
168:19; 242:11
permission [16] -
162:25; 163:5; 168:14;
197:10; 218:4; 241:23;
283:14; 296:2; 300:14,
18; 301:7; 314:7, 10,
13-14, 19
permit [5] - 197:11;
215:2; 241:22; 245:21;
280:23
permits [2] - 224:12;
259:7
permitted [4] -
178:17; 182:23; 194:25;
319:4
person [5] - 157:11;
192:8; 260:13; 275:15;
311:2
person's [1] - 198:17
personal [8] - 273:13;
275:4, 7; 276:6;
284:16; 301:16; 311:20;
315:10
personally [11] -
171:18, 21; 181:15;
270:2; 275:18; 278:10;
291:22; 294:5; 317:21
perusing [2] - 154:11;
302:1
perusing) [1] - 246:18
Peshkur [1] - 210:5
Peter [2] - 196:23
phone [2] - 243:2, 8
phonetic [1] - 156:23
physical [1] - 159:5
physically [1] -
150:20
pick [1] - 312:2
picture [4] - 163:21;
195:12; 261:23; 262:1
pictures [2] - 261:21,
24
piece [5] - 149:11, 23;
164:5; 255:8
pieces [2] - 243:4, 8
pipe [1] - 226:9
place [12] - 147:9;
152:10; 154:18; 166:24;
178:12, 15; 254:6;
258:22; 278:2; 280:24;
299:6; 319:3
Place [1] - 307:1
placed [2] - 285:15;
287:6
placement [5] -
193:20; 217:16; 253:4;
254:19; 267:7
placing [2] - 253:15;
256:23
plaintiff [4] -
170:10; 235:14; 285:25;
288:1
Plaintiff [2] -
297:10; 323:13
Plaintiff's [3] -
180:2; 184:13; 185:18
Plaintiffs [2] -
136:5, 14
plaintiffs [8] -
200:7; 235:20; 243:25;
268:14; 285:20; 290:1,
3; 299:17
plaintiffs' [1] -
289:17
Plaintiffs' [34] -
189:23; 190:15; 193:8,
17; 194:9; 195:10;
196:15; 197:24; 198:21;
199:18; 201:1; 206:22;
207:9, 11; 208:8;
209:2; 210:8; 211:4;
212:2, 4; 216:25;
220:9, 11; 224:8;
227:13; 228:5, 14, 24;
246:15; 280:2; 290:25;
307:25; 323:11
plan [2] - 277:1; 316:5
planning [1] - 238:3
plans [1] - 212:18
plastic [2] - 164:19;
250:22
play [1] - 145:17
Plaza [2] - 137:1, 6
pleasing [1] - 264:18
point [30] - 149:14;
152:17; 153:7, 19;
154:1, 8; 156:1; 162:9;
165:12; 169:17; 186:15;
193:22; 202:24; 212:25;
232:19; 242:17; 248:21;
255:18; 265:6; 267:5;
276:18; 277:8; 278:23;
292:11, 15; 294:8;
295:24; 301:19; 304:18
pointed [3] - 226:11;
250:7; 267:19
pointing [2] - 152:11
points [1] - 155:13
pole [40] - 165:9, 12;
178:6; 185:19; 193:21;
194:6; 195:16, 25;
196:2; 198:23; 202:17;
203:4, 10; 205:12, 18;
219:10, 16; 220:12;
224:18; 226:15, 25;
230:4; 238:25; 248:17;
249:15; 253:16; 256:24; OWEN WICKER, RPR
17
259:13, 18, 25; 280:19;
286:4; 302:3, 11
poles [74] - 146:21,
23, 25; 147:1, 5, 8,
11; 163:18, 21; 172:3;
174:4; 184:19, 23;
185:24; 186:5, 16;
187:13, 25; 192:4;
193:3; 195:17, 23;
197:7, 12; 200:22;
203:7, 13, 17, 20, 25;
204:3, 9-10, 18-19;
205:1, 5; 215:19;
218:7; 226:20, 24;
227:6, 11; 230:7;
237:12; 238:1, 9;
239:13; 242:12; 243:18;
249:25; 253:4; 257:17;
258:24; 280:25; 281:3,
19; 282:3, 13; 283:8,
15; 286:20, 23, 25;
287:5, 8, 10, 14, 17;
293:20
police [1] - 269:9
policies [1] - 253:8
political [1] - 243:14
Pollack [8] - 306:2,
12, 22; 308:20; 309:1,
13; 311:9; 320:21
POLLACK [1] - 306:8
portion [1] - 304:23
position [59] -
141:19; 142:24; 143:4;
146:14; 190:18; 194:17;
197:13, 16; 198:3, 9;
199:23; 215:17; 232:17;
234:13, 17; 235:2, 4;
236:9; 238:21; 240:1;
243:3; 246:5, 10, 12;
247:3, 23; 253:15;
255:16; 256:23; 257:1;
260:13; 261:14; 262:15;
263:7; 265:24; 266:4;
267:12, 15, 22; 268:4;
269:4, 8; 273:23;
274:9, 17; 275:17, 22;
276:3, 10; 279:5;
294:5, 9-10; 299:21;
302:10; 303:11
positions [1] - 277:14
positive [2] - 206:18;
222:2
possible [4] - 150:11;
158:8; 175:10
Post [1] - 136:24
post [1] - 308:9
posted [1] - 238:18
poster [1] - 248:14
potential [2] - 265:7;
281:3
power [2] - 283:6;
284:11
practice [2] - 182:8;
274:21
practiced [1] - 307:11
practices [1] - 159:21
practicing [1] - 169:2
prayer [4] - 182:7, 10,
12; 313:10
pre [10] - 223:7, 11,
23; 226:12, 14; 227:3,
10, 14; 229:25; 230:3
pre-construction [10]
- 223:7, 11, 23;
226:12, 14; 227:3, 10,
14; 229:25; 230:3
predates [1] - 239:6
preliminary [6] -
177:8, 19; 205:17;
210:18; 275:12
premises [2] - 182:10,
12
prepare [1] - 156:6
prepared [5] - 139:16;
199:1; 201:12; 208:14
preparing [2] - 199:3;
245:21
present [8] - 141:10;
149:5; 160:15; 199:8;
274:4; 277:1
presentation [1] -
273:25
presently [5] - 269:1;
276:21; 277:11; 279:1;
290:16
presents [1] - 311:20
preservative [1] -
208:18
preserve [1] - 252:25
president [12] -
140:4; 154:21; 169:9;
173:9, 11-12; 174:25;
176:7; 179:23; 238:5,
7; 242:11
press [2] - 143:15;
235:5
pressing [1] - 313:7
presumably [1] -
172:25
pretty [1] - 222:21
prevent [2] - 182:3, 5
prevents [1] - 282:8
previous [3] - 192:11;
214:22; 237:19
previously [3] -
138:5; 139:22; 189:7
primarily [5] - 162:2,
6; 183:10, 13
primary [1] - 318:7
private [5] - 141:2, 5,
9; 205:6; 264:2
privately [3] -
140:18; 168:12
privilege [7] -
267:13; 270:6; 274:21;
281:15; 286:17
privileged [2] -
267:24; 270:11
privileges [2] -
281:17; 286:18
probative [2] -
236:25; 237:6
problem [2] - 142:6;
272:9
problems [2] - 141:14;
272:7
procedure [4] - 200:3;
222:23; 241:17, 20
procedures [3] -
219:24; 253:8; 302:6
proceed [3] - 216:20;
259:16; 271:24
proceedings [5] -
191:8; 211:18; 213:12;
221:21; 321:16
Proceedings [1] -
137:9
process [2] - 205:15;
274:24
proclaimed [1] - 275:2
proclamation [23] -
156:3, 12, 17; 158:23;
159:13, 25; 160:19;
161:9; 165:19; 167:9;
181:5; 269:13; 284:23;
295:4, 10; 298:17;
299:2, 15, 17, 24;
300:3; 303:1
produced [1] - 137:10
profit [2] - 263:10;
264:2
programs [1] - 263:13
prohibit [2] - 257:17;
318:25
prohibited [5] -
194:4; 245:16; 258:5;
259:17; 318:16
Prohibited [2] -
258:9; 259:3
project [2] - 202:12,
24
projections [1] -
239:12
promise [1] - 228:18
promote [2] - 256:18;
264:17
prompted [1] - 236:17
pronounce [1] - 191:23
proper [5] - 151:3;
187:6; 228:13; 294:12;
299:11
property [8] - 163:2;
168:16, 18; 218:12, 22;
256:20; 312:2
proposal [4] - 219:20;
277:3; 285:18
proposed [6] - 149:4;
150:8; 155:6; 198:4;
199:23; 215:6
proposing [1] - 172:20
protect [4] - 214:23;
253:1; 254:10; 256:19
protections [1] -
197:9
protests [1] - 142:2
provide [1] - 205:10
provided [4] - 194:1;
208:19; 245:12; 248:16
provides [1] - 194:7
provision [8] - 215:5;
248:22; 276:18; 277:8;
286:10; 287:8; 303:12
provisions [7] -
171:15; 217:14; 250:8;
259:6; 260:18; 261:6
public [32] - 140:23;
141:2-5, 10-11; 158:24;
159:1, 14; 161:8;
166:20, 23; 216:19;
218:7; 253:1, 5, 17,
24; 254:10; 263:25;
271:21; 274:11; 275:17,
22-23, 25; 276:11;
295:18; 298:19; 299:21
public's [1] - 294:5
publicly [10] -
140:18; 142:24; 168:11;
273:11; 275:2, 21;
291:14, 19; 292:5;
300:5
purchase [1] - 319:8
purchased [1] - 310:7
purpose [3] - 168:21;
252:23; 316:21
purposes [7] - 145:18;
178:4; 252:25; 256:18;
264:14, 20; 265:3
pursuant [5] - 144:10;
151:11; 152:22; 164:17;
OWEN WICKER, RPR
18
197:8
pursued [1] - 263:24
purview [1] - 265:21
push [3] - 178:13, 17;
179:5
pushed [1] - 320:3
put [51] - 146:21;
151:16, 22; 155:22;
161:4; 162:18, 22;
166:2, 10, 12, 20;
181:19; 185:25; 189:22;
193:7; 195:9; 196:15;
219:11; 227:3; 235:15,
20; 239:17, 21-22;
241:16, 18; 243:12,
15-16, 19; 246:15;
252:3; 255:23; 273:2,
5; 280:1; 281:1; 282:3,
13; 283:7, 15; 288:4,
10, 18; 292:9; 294:16;
297:6; 314:7, 11, 13;
315:24
puts [1] - 200:17
putting [4] - 185:25;
294:25; 296:25; 308:22
PVC [16] - 164:19;
225:19; 226:3, 9, 21;
227:4; 247:19; 248:17;
249:2; 250:22; 253:4,
15; 254:20, 25; 258:21;
260:3
Q
qualify [1] - 254:21
quality [6] - 254:16,
20, 22; 255:1, 15, 21
quality-of-life [1] -
254:20
quarter [1] - 230:13
questioned [3] -
179:8; 286:4, 12
questioning [4] -
160:5; 247:9; 251:16;
320:7
questions [35] -
147:13; 158:11; 167:17,
25; 168:6; 185:3;
188:4, 6; 196:3, 10;
197:20; 211:19; 216:15,
21; 220:8; 223:19;
228:16; 229:16, 23;
239:8; 242:14; 243:10;
262:3; 279:13; 283:17;
288:25; 293:9; 298:1;
300:9; 305:11; 316:25;
320:11; 321:10
quick [2] - 167:25;
222:21
quicker [1] - 225:2
quite [5] - 142:11, 14,
21; 265:9; 313:4
Quogue [7] - 136:21;
160:2; 179:9; 196:24;
215:1; 256:1; 320:7
quote [14] - 143:14;
156:12; 158:13, 23;
159:20; 199:11; 226:14;
245:11, 14; 255:17;
286:15, 21
R
Rabbi [1] - 182:14
rabbi [4] - 315:19, 21;
316:5, 7
rabbinic [2] - 186:3,
5
rabbinical [4] -
172:16; 315:22, 25;
316:2
rabbis [1] - 182:22
races [1] - 243:18
Rail [8] - 162:6, 10,
14-15, 19, 23; 163:1
raincoat [1] - 313:6
raise [2] - 231:10;
244:2
raised [2] - 236:10;
285:25
ran [7] - 235:19;
240:19; 241:5; 273:9;
291:23; 294:4; 297:20
rather [1] - 228:13
RCE [1] - 202:5
read [22] - 158:11;
159:17; 160:12; 191:5;
206:1; 213:13; 214:19;
215:7, 10; 219:18;
236:23; 247:18; 251:24;
259:11, 19; 278:3, 17,
19; 279:14; 282:18
reading [4] - 191:11;
206:3; 259:20; 271:15
reads [1] - 245:10
ready [2] - 158:16
real [1] - 183:19
realize [1] - 248:18
realized [1] - 196:9
really [7] - 241:10;
249:8, 14; 304:23;
309:10; 314:1; 320:24
rear [1] - 181:19
reason [8] - 141:15;
153:5; 163:8, 14;
178:7; 238:13; 288:17;
302:20
reasonable [2] -
142:19
reasons [4] - 218:9;
257:9; 313:2
recalling [1] - 243:13
receipt [1] - 260:8
receive [2] - 266:5;
298:12
received [30] -
144:11; 176:19; 180:16;
190:1, 15, 17; 191:3;
193:12, 17; 211:7;
213:18, 21; 214:12;
243:2, 4; 249:6;
251:12; 265:15; 283:14;
297:10; 302:2, 4-5;
323:11-13, 15
receiving [1] - 198:7
recently [4] - 317:23;
320:24; 321:1, 3
recess [4] - 196:7;
230:16; 270:22; 271:12
recognize [1] - 220:22
recollection [3] -
175:13; 221:3; 295:8
reconsider [1] -
215:17
record [12] - 146:8,
11; 161:15; 174:8;
213:13; 214:19; 216:19;
251:24; 278:4, 19;
279:15; 316:14
recorded [2] - 137:9;
146:7
records [3] - 315:2, 6
recross [3] - 185:4;
187:6; 228:13
RECROSS [6] - 185:10;
228:2; 229:21; 322:8,
14
RECROSS-EXAMINATION
[6] - 185:10; 228:2;
229:21; 322:8, 14
red [10] - 150:9-11;
152:14; 153:18; 154:5,
13; 186:21, 23; 195:23
redirect [10] - 184:1;
187:9, 13, 21; 188:5;
228:10, 13, 19; 229:24
REDIRECT [10] - 184:6;
225:7; 242:15; 267:2;
300:10; 322:7, 13, 18,
22; 323:3
reelected [2] -
157:10; 290:22
reelection [3] -
240:19; 294:2, 4
refer [4] - 161:16;
202:15; 211:25; 247:15
reference [4] -
145:10; 172:2; 193:19;
207:6
referred [7] - 175:3,
8, 22; 177:3, 10;
246:17; 248:9
referring [6] -
161:16; 190:10; 245:3;
247:14; 248:9
refers [1] - 176:22
reflector [1] - 195:23
refresh [2] - 221:3;
295:8
refreshes [1] - 175:13
refused [1] - 144:9
regarding [6] -
190:18; 198:4; 221:12;
247:9; 265:10; 314:13
regardless [1] - 300:3
region [1] - 195:18
regulations [2] -
240:4; 302:6
regulatory [1] - 172:9
reindeer [1] - 172:3
reinforced [1] -
265:18
reiterate [1] - 214:22
rejected [1] - 166:6
related [2] - 243:18;
259:7
relating [1] - 287:15
relevance [4] - 160:6;
236:20; 238:14; 278:12
relevant [5] - 190:22;
238:15; 319:13, 23
religious [22] -
145:18; 161:8, 17;
168:16; 178:3; 236:25;
265:19; 292:18; 295:23;
296:22; 297:1; 299:2,
12, 14; 300:16; 302:15,
17-18, 22; 303:3, 12,
18
relying [1] - 270:12
remain [3] - 231:10;
244:2; 268:16
remains [2] - 246:7, 10
remember [6] - 156:9,
23; 176:10; 211:6;
284:22; 314:22
remembering [1] -
157:13
renew [4] - 159:16;
177:7; 281:16; 286:18
OWEN WICKER, RPR
19
renting [3] - 158:23;
159:13; 298:18
repeat [4] - 210:11;
235:10; 279:19; 310:14
rephrase [1] - 141:6
rephrased [1] - 282:20
reply [2] - 266:7
reporter [5] - 146:14;
175:16; 278:5, 20;
279:16
Reporter [1] - 137:5
represent [2] -
195:11; 216:6
representative [2] -
201:17; 211:11
represented [2] -
246:8; 285:6
representing [4] -
167:18; 179:8; 216:2
request [4] - 214:22;
300:2; 302:2, 4
requested [3] - 139:5;
182:14; 226:15
requesting [1] -
299:13
require [3] - 310:10,
17; 311:9
required [13] -
146:25; 163:16; 164:9,
20; 193:2; 197:10;
218:19; 226:15; 227:10;
228:25; 229:8; 230:1;
287:14
requirement [2] -
159:11; 292:20
requirements [6] -
158:13, 21; 159:6;
259:10; 298:16
requires [8] - 199:16;
205:13; 223:7, 11, 23;
276:20; 277:9; 278:24
requiring [1] - 304:19
reside [2] - 183:9;
306:25
residence [4] - 183:5,
7; 259:13; 318:7
residences [1] -
258:24
resident [1] - 183:23
residential [2] -
258:16, 22
residents [5] -
292:13; 294:10, 25;
295:17; 301:20
residents' [1] -
295:19
resolution [7] -
166:25; 167:6, 8;
272:22, 24; 274:4
resolutions [2] -
284:11; 317:16
resources [2] - 186:3,
5
respect [29] - 141:19;
142:24; 143:4; 144:2;
146:12; 169:11; 171:21,
23, 25; 174:20; 182:7;
192:12; 193:20; 194:18;
208:3; 217:16; 219:19;
225:25; 226:20; 227:2;
234:13; 240:7; 255:5;
257:5; 266:22; 302:10;
320:2
respective [1] - 259:8
respond [3] - 265:25;
266:1
responded [2] -
212:21, 23
response [5] - 170:8,
11; 247:11; 267:16;
299:22
responsibility [4] -
292:17; 295:22; 296:20,
23
responsible [3] -
194:7; 218:3; 296:25
rest [2] - 242:8;
305:18
restate [1] - 189:11
result [7] - 144:2;
194:9; 215:16; 235:4;
236:9; 237:4; 293:19
resulting [2] -
214:24; 256:20
resume [1] - 139:14
resumed [1] - 139:22
return [1] - 181:23
returned [2] - 222:13,
16
returning [1] - 274:8
review [4] - 171:15,
21; 250:14; 260:19
reviewed [12] -
157:17; 166:16; 169:20;
172:1; 173:18, 24;
174:22; 176:8, 11;
267:11; 268:2, 5
Reynolds [5] - 154:9,
12
Rich [1] - 210:5
right-hand [4] -
280:13; 281:10; 294:23;
295:2
right-of-way [4] -
218:8, 12, 21; 219:12
Rights [1] - 214:25
rights [5] - 237:1;
281:17; 282:12; 286:18;
295:19
rising [1] - 255:5
Road [40] - 148:22,
24-25; 149:1, 9, 11-12,
15, 19-22, 24; 150:2,
4, 17; 151:10; 152:1;
153:13; 162:6, 10,
13-15, 20, 23; 163:1;
184:10, 19, 24; 186:16,
18-19; 188:1; 287:7,
10; 319:15
road [2] - 149:13
ROBERT [2] - 136:15;
137:3
Robert [3] - 138:7;
158:1; 298:9
role [2] - 145:17;
277:22
rope [1] - 224:12
roughly [1] - 154:8
round [3] - 248:17;
253:15; 256:24
route [1] - 319:14
Route [1] - 136:19
RPR [1] - 137:5
Rubinor [3] - 179:12,
15; 180:9
rule [3] - 192:23;
233:24; 301:12
ruled [1] - 143:19
Rules [2] - 236:23;
312:21
rules [3] - 277:9;
289:23; 312:22
ruling [2] - 194:24;
282:16
run [5] - 151:10;
232:19; 240:10; 266:11;
294:2
running [7] - 196:2;
234:20; 275:20; 293:22;
297:12, 14
S
S-O-R-D-I [1] - 191:22
Sabbath [6] - 181:14;
182:9; 309:15, 17;
315:5; 318:17
safe [1] - 178:17
safety [5] - 253:1, 6,
17, 24; 254:13
sale [1] - 243:14
sanded [1] - 208:17
Santa [1] - 172:2
Sartorius [2] - 196:23
sat [2] - 296:3; 303:22
satisfy [1] - 141:6
Saturday [10] -
181:22, 24; 182:2;
220:16; 221:4, 16;
222:20; 318:3, 5
saw [4] - 166:25;
167:2; 173:24; 243:12
Schechter [2] - 170:9;
309:7
scheduled [1] - 166:23
SCHLENGER [1] - 136:17
SCHLESINGER [1] -
137:1
Schlessinger [1] -
138:8
school [7] - 263:6,
17-18; 307:12; 317:9,
11
School [4] - 136:22;
232:12; 263:16; 317:7
Schwindt [1] - 210:4
SCHWINDT [1] - 210:4
scope [1] - 267:8
season [3] - 288:20
seat [1] - 290:9
seated [3] - 138:3;
231:2; 271:14
second [16] - 158:14;
159:5; 175:2; 176:22;
180:7; 193:22, 24;
197:4; 213:14; 214:19;
241:11; 245:10; 258:25;
263:1
Second [3] - 271:3, 5,
8
section [7] - 252:22;
256:17; 267:6, 20;
278:23; 281:4, 13
Section [2] - 218:1;
226:11
secular [1] - 265:24
see [49] - 149:19;
152:12; 153:15; 155:14,
23; 167:8; 175:13;
176:10; 199:13; 202:4,
7; 204:16, 21; 208:10;
209:4; 221:9, 19;
230:13; 235:22; 247:12,
20; 248:7; 249:4,
13-16, 18; 250:16;
255:1; 258:11; 260:9;
261:9, 11; 264:23;
281:8, 20, 24; 283:3,
OWEN WICKER, RPR
20
5; 286:8, 13; 287:2;
320:18; 321:6, 14
seek [5] - 152:23;
193:5; 276:20; 277:10;
278:25
seeking [5] -
147:19-21, 25; 155:2
sees [1] - 281:22
selected [1] - 172:25
sell [1] - 251:3
seminal [1] - 173:5
sending [1] - 221:9
sends [2] - 179:1, 4
sense [2] - 179:18
sent [11] - 190:6;
191:18; 194:14; 196:23;
207:7; 221:12, 15;
222:12, 19; 266:9
sentence [4] - 159:17;
213:15; 214:19; 215:7
separate [2] - 181:9;
311:2
separation [1] -
265:23
September [1] - 241:13
seriously [1] - 292:12
serve [2] - 269:1;
290:16
served [6] - 169:20;
231:23; 240:17; 263:25;
269:4; 290:19
serves [2] - 263:11, 18
service [1] - 263:10
session [6] - 182:8;
269:17, 21, 25; 296:8;
301:19
set [3] - 259:9; 314:19
several [8] - 157:21;
232:9; 243:2, 4;
247:15; 248:6; 250:17;
265:19
Shabbos [1] - 315:7
shall [7] - 199:11;
246:1; 259:6; 281:14,
16; 286:16
shawl [4] - 182:7, 10,
12; 313:10
ships [1] - 152:19
shoes [1] - 319:1
shoreline [2] - 154:6,
16
short [3] - 270:22;
305:24; 319:17
shortly [3] - 262:25;
263:2; 274:3
show [18] - 155:5;
164:5; 166:19; 176:4;
180:22; 184:12; 186:19;
198:20; 213:2, 10;
220:19; 237:2; 245:2;
261:5, 21, 24; 290:24;
305:9
showed [1] - 249:10
shown [2] - 247:7;
256:21
shows [3] - 145:22;
204:15; 248:16
side [12] - 148:21;
150:17; 151:10; 160:16;
180:4; 195:25; 196:2;
294:22-24; 295:2, 21
sidebar [3] - 277:25;
278:2, 16
sides [2] - 149:13;
160:14
sidewalks [1] - 319:21
sign [69] - 171:22, 24;
193:25; 194:2; 202:12,
16; 219:19, 24;
239:16-18, 21-22;
240:1-3; 245:11, 14;
246:20; 247:4, 18, 20;
248:1, 8, 11, 22;
249:1, 12, 16, 18;
250:6, 9, 11, 23;
251:10; 253:20; 254:21;
255:17; 257:1, 4, 6,
12-13, 16, 21, 25;
258:2, 5; 259:12, 17,
20, 24; 260:2; 264:8,
14; 267:5, 16, 20;
272:18; 282:6; 291:7;
316:18
signage [1] - 256:21
signal [1] - 249:21
signatories [1] -
190:25
signature [10] -
201:8; 208:7; 221:17;
280:4, 15; 281:6, 8,
11; 291:1
signatures [3] -
286:10; 291:4, 6
signed [12] - 202:3;
206:4; 207:21, 24;
222:12, 24; 228:5;
272:19; 282:1; 291:11,
13; 293:16
significant [5] -
182:17; 237:3; 309:15,
19; 311:14
significantly [2] -
140:23; 311:16
Signs [2] - 258:10;
259:3
signs [27] - 172:9;
237:25; 238:18; 239:10;
240:7; 243:11, 14-16,
19; 247:12; 248:3;
249:8; 250:17; 251:1;
254:8; 255:20, 22;
257:17; 258:14, 24;
259:4, 17; 264:17
similar [2] - 160:19;
215:5
simple [1] - 181:21
simply [2] - 167:9;
299:11
sit [6] - 166:5; 200:6;
250:21; 251:18; 283:13,
24
site [2] - 155:7; 156:4
sitting [2] - 287:16;
316:24
six [1] - 231:7
size [13] - 163:8, 10,
12, 14; 164:9, 14, 20;
209:7, 13; 210:3;
251:4; 252:14
slightly [3] - 162:11;
186:22
smaller [1] - 155:9
Smith [1] - 159:19
Smithtown [1] - 136:20
smooth [1] - 208:17
snowflakes [2] -
288:9, 11
social [2] - 257:9;
263:21
Sokoloff [8] - 141:7;
159:24; 168:1; 175:21;
220:7; 222:8; 242:17;
255:4
SOKOLOFF [155] -
136:23, 25; 138:13;
140:9, 11, 25; 141:22,
25; 142:7; 146:9, 14;
147:17; 148:4, 7,
11-12; 149:25; 151:14;
158:20; 160:10, 21;
161:24; 163:25; 165:14;
166:15; 167:15, 17;
185:4, 7, 11; 186:10,
14; 187:2, 11, 17, 20,
24; 188:4; 190:11, 20;
195:19; 197:23; 199:18;
206:20; 211:16, 19;
225:20; 226:7; 227:7,
19, 23; 228:3, 17;
229:16; 233:4, 23;
234:7, 15; 235:6, 17;
236:11, 18; 237:13, 22;
238:11, 14, 16, 20;
239:11, 14, 16, 19, 25;
240:5, 9, 25; 242:14,
20, 25; 243:6; 255:3,
7; 269:14; 270:4, 13,
16, 20, 24; 271:2, 5,
10; 274:12, 20; 276:5,
15; 277:12, 24; 278:8,
10; 279:2; 281:21;
282:4, 14, 17; 283:9,
19, 23; 284:2; 287:13,
21, 23; 289:2, 13, 16,
20, 22, 25; 293:23;
294:7; 295:12; 298:4,
22, 25; 299:8; 300:9,
20; 301:9; 303:5, 20;
304:6, 10; 305:12, 14,
20; 310:2, 12, 23;
311:4; 312:8, 13, 20;
313:16, 22; 316:16, 25;
319:18; 322:5, 9, 11,
14, 18, 25; 323:2, 6
Sokoloff's [1] - 184:8
someone [6] - 170:19;
192:21; 195:20; 202:17;
210:13; 222:13
sometime [1] - 294:2
sometimes [2] -
183:15; 313:7
somewhere [1] - 150:9
son [2] - 263:1, 3
Sordi [14] - 191:25;
192:1, 16; 193:12;
212:1, 7, 9, 17;
244:22, 24; 252:12;
267:4
Sordi's [3] - 193:19;
251:22; 264:6
sorry [26] - 144:21;
162:12, 14; 167:13;
169:14; 175:20; 177:12;
180:19; 183:6; 185:17;
186:4, 24; 191:6;
234:23; 235:10; 237:24;
245:8; 253:11; 276:23;
277:1; 279:19; 297:13;
304:14; 310:25; 313:14
sorts [1] - 251:1
sought [2] - 167:9;
286:25
South [1] - 319:15
south [14] - 146:24;
147:1, 7-8, 10-11;
148:21, 23; 149:9;
150:17; 151:10; 186:23;
187:4
Southampton [63] -
138:9; 139:11; 143:3,
12; 144:11; 160:1;
OWEN WICKER, RPR
21
169:7, 13; 171:16;
172:3, 5, 8, 10;
175:16; 180:13; 189:16;
191:15; 192:3, 14;
193:13; 194:14; 197:1;
212:19; 213:7; 214:11;
219:18; 220:20, 22;
224:7; 244:1, 11-12;
245:24; 246:5, 11;
247:3, 21; 249:6;
250:6; 251:10, 12;
252:2; 253:2, 5, 9, 18,
25; 254:8, 14, 23;
255:6, 25; 257:17;
266:12; 267:5; 289:10;
307:7; 308:16; 310:20;
318:23, 25; 323:17
southerly [1] - 187:3
southern [8] - 148:18;
149:8; 150:25; 151:17,
20-21, 23; 184:25
southwestern [1] -
168:2
space [1] - 315:13
speaking [3] - 252:10;
284:16, 19
speaks [4] - 192:21;
200:1; 249:7
specific [2] - 185:17;
291:16
specifically [4] -
211:8; 217:18; 234:4;
250:19
specification [1] -
245:12
specifications [7] -
163:20; 164:17; 194:1;
208:12, 16; 224:15;
227:17
specificity [1] -
248:11
specifics [1] - 314:8
spell [3] - 290:10;
306:19
spelled [1] - 191:22
Spellman [1] - 138:11
SPELLMAN [9] - 136:19;
138:10; 320:12, 14, 16,
20; 321:9; 323:8
spent [2] - 183:15;
311:14
spoken [3] - 141:13;
211:15; 275:22
spokesman [1] - 143:8
spokesperson [2] -
143:11, 13
spot [1] - 226:25
square [4] - 155:8;
258:17, 22; 260:2
St [7] - 238:3, 5, 7;
241:16; 242:5, 10;
307:15
stamp [1] - 280:7
stamped [2] - 280:12;
281:9
stand [7] - 139:15, 22;
228:12; 239:25; 243:9;
271:13; 306:10
standard [5] - 216:9;
217:4; 218:15; 266:7
standing [3] - 231:10;
244:2; 268:16
start [1] - 276:22
started [5] - 138:13;
210:19; 233:18; 269:5
starting [2] - 213:14;
215:8
starts [2] - 207:16;
258:8
Starts [1] - 263:12
state [8] - 159:4;
163:18; 190:23; 265:23;
292:5; 300:24; 305:5, 7
statement [1] - 168:9
statements [4] -
141:10; 271:21; 275:14,
18
STATES [2] - 136:1, 11
States [2] - 136:6;
159:18
station [7] - 162:7,
10, 13, 15, 23
statute [2] - 194:4;
245:15
statutes [1] - 277:23
staves [1] - 208:17
stenography [1] -
137:9
step [9] - 188:7;
230:12; 234:12; 243:20,
22; 268:11; 289:3;
305:13; 321:13
STERN [1] - 136:23
still [5] - 251:21;
264:10; 300:18; 301:7;
303:19
stipulate [1] - 177:14
stood [1] - 274:5
stop [4] - 159:9;
203:9; 256:10
straight [2] - 165:8;
319:17
Street [2] - 238:25;
287:7
street [4] - 154:8, 13;
155:18; 162:13
streets [4] - 155:13,
15, 17; 313:8
streetscape [1] -
265:4
strict [1] - 309:16
strictly [1] - 275:7
strike [5] - 142:6;
174:7; 233:7; 234:7;
253:22
strip [2] - 250:23;
255:1
strongly [2] - 215:14;
235:17
structure [1] - 165:5
structures [16] -
145:14; 146:1;
148:19-21, 25; 150:7,
16, 24; 151:17; 152:5,
16; 154:15, 18; 174:12;
242:11
students [4] - 138:25;
187:8; 188:11; 192:20
studies [1] - 256:21
stuff [1] - 305:2
sub [1] - 219:16
sub-franchise [1] -
219:16
subject [5] - 192:5;
195:15, 20; 197:16;
310:4
sublicense [3] -
218:21; 219:1, 8
submission [2] -
155:2; 181:4
submit [2] - 199:15, 24
submitted [16] -
140:7, 16; 149:2;
155:25; 156:2, 17;
157:25; 165:17; 172:22;
174:20, 24; 177:18;
200:7, 14; 269:12, 16
subpoena [3] - 215:21,
25; 231:23
subpoenaed [1] -
215:23
subscribers [1] -
214:23
subsection [3] -
256:17; 258:17; 260:1
subsequent [2] -
194:15; 243:4
substance [2] -
140:20; 191:24
substantial [1] -
260:20
sue [2] - 170:19;
214:14
sued [1] - 170:16
sufficient [2] -
168:21; 271:20
Suffolk [7] -
232:16-18; 270:17;
271:16; 308:17; 318:12
SUGARMAN [200] -
136:15; 138:16, 23;
139:2, 14; 140:2, 15;
141:5, 8; 142:2, 13;
143:21; 144:23; 145:8,
19; 146:10, 18; 147:13;
151:2; 158:17; 159:16;
163:23; 164:23; 167:11;
169:22; 170:22; 172:11;
173:2; 175:4, 25;
176:17; 177:14; 180:14;
182:16, 19; 184:3, 7;
185:3; 186:8, 12;
187:5, 15; 188:2;
189:14, 21; 190:6;
191:2, 6; 192:15;
193:14; 195:11; 196:3,
9, 14; 197:19; 199:25;
200:9; 205:21; 210:15;
213:24; 216:7, 10, 13;
218:23; 219:2; 220:4;
222:10, 25; 224:8, 23,
25; 225:5, 8; 227:21;
228:7, 9, 21; 230:9;
231:4, 7, 9, 22;
233:15; 234:11, 18;
235:1, 8, 13, 16, 21,
23; 236:2, 4, 8, 13,
20, 24; 237:9, 16, 24;
238:2; 239:2, 8;
242:16, 21; 243:10, 25;
244:15; 245:4; 246:24;
247:1; 248:13; 249:9;
250:4, 20; 251:7, 20;
252:11, 19; 253:13, 21;
254:18; 255:4; 256:2,
6, 13, 16; 258:3;
259:23; 262:4; 267:3,
18; 268:1, 8, 14, 24;
269:18; 271:25; 272:1;
274:14, 16, 25; 276:8,
17, 22, 24; 277:18;
278:17, 22; 279:14, 25;
280:10, 12, 14; 281:9,
12, 25; 282:10, 20, 23;
283:2, 4, 12, 17;
287:11; 288:2; 289:1,
7, 9; 290:3, 14;
293:25; 297:7, 13, 15;
298:1, 21; 299:4;
300:11; 301:2; 303:8;
305:11, 15, 22; 306:2,
5; 322:4, 8, 10, 13,
OWEN WICKER, RPR
22
17, 19-20, 22, 24;
323:1, 3
Sugarman [29] - 158:1,
5, 10; 159:10; 160:19,
24; 164:4; 172:23, 25;
173:5, 11; 174:20, 24;
175:3; 176:12; 177:16;
187:12; 189:3; 229:23;
256:5; 266:21; 285:7;
286:3, 11; 298:9, 12,
15; 299:3, 22
Sugarman's [1] - 161:2
suggest [1] - 160:5
suing [3] - 169:25;
171:6, 11
Suite [1] - 137:6
summer [4] - 179:21;
183:10, 13; 307:20
Supervisor [1] - 139:6
supervisor [10] -
170:8, 10; 244:1, 10;
247:6; 253:3, 14;
262:10, 14; 292:23
support [9] - 142:11;
177:8, 19; 234:17;
263:12; 275:24; 276:12
supposed [9] - 155:12,
14; 203:24; 205:11;
214:4; 255:19; 260:10,
14; 279:7
supposedly [1] - 229:9
Supreme [2] - 159:18;
160:3
surprised [3] -
299:20; 300:13; 301:5
surrounding [1] -
265:7
survey [10] - 223:8,
11, 23; 226:14, 19;
227:3, 10, 15; 229:25;
230:3
surveys [1] - 226:12
suspect [1] - 289:16
sustain [3] - 216:16;
259:1; 277:17
Sustained [11] -
194:21; 216:8, 11, 14;
218:24; 222:22; 223:1;
227:8, 20; 230:6, 10
sustained [40] -
143:16; 161:10; 166:14;
167:13; 168:8; 169:23;
170:23; 171:13; 173:3,
10, 13; 176:2; 177:5;
186:9, 13; 187:6, 16,
18-19; 188:3; 236:7,
12; 237:8; 240:24;
252:9; 274:13; 276:16;
279:3; 287:12; 310:3,
13; 316:15; 318:19, 24;
319:2, 5, 22; 320:4;
321:8
swear [3] - 139:18;
231:11
sworn [10] - 139:19;
189:8; 231:15; 244:6;
253:7, 19; 265:24;
268:19; 290:7; 306:17
symbol [1] - 178:23
symbolic [6] - 163:4;
177:23; 178:2, 11
symbolism [1] - 168:17
synagogue [63] -
140:4, 6, 16; 154:21;
155:1; 156:6, 11, 14;
165:15, 20; 169:5, 9;
174:25; 176:7; 179:15,
17, 20, 23; 180:21;
181:2, 6, 11-12, 14,
17, 22, 24-25; 182:15,
23; 205:24; 206:5, 7,
9; 269:12; 274:1, 7;
275:13; 284:24; 285:1,
4, 6, 9, 13; 293:18;
296:1; 311:17, 21;
313:2, 6; 314:12, 23,
25; 315:1, 4; 317:20;
318:1; 319:11, 13, 17
synagogue's [1] -
181:18
T
T-U-C-K-E-R [2] -
290:4, 11
tab [1] - 180:4
tax [1] - 183:22
taxes [2] - 183:19, 21
taxpayers [1] - 254:22
teach [7] - 263:21;
307:12, 14-15, 17;
317:7, 11
teachers [1] - 263:21
telephone [7] -
192:25; 238:1, 25;
242:12; 245:20; 249:25;
259:18
Teller [25] - 140:18,
24; 141:2, 10-11, 19;
156:22; 157:12; 234:22,
25; 236:10; 268:15, 21,
25; 272:2; 275:8, 15;
276:18, 25; 277:20;
280:1, 5; 283:24; 298:9
Teller's [1] - 235:2
ten [5] - 160:18;
188:9; 196:5; 239:7;
269:10
Tenafly [8] - 141:13;
173:6; 177:3; 272:6, 12
Tenzer [3] - 213:3, 15,
21
Tenzer's [1] - 221:17
term [4] - 140:12;
174:6, 8
terminologies [1] -
161:13
terms [3] - 146:11;
203:3; 295:21
testified [24] -
139:23; 143:23; 155:1;
168:2, 25; 169:19;
172:15; 174:19; 178:8;
179:12; 183:1; 184:9;
189:8; 214:13; 231:15;
244:6; 264:5; 268:19;
290:7; 296:6; 299:22;
301:10; 306:17; 317:25
testify [7] - 139:9;
164:13; 236:4; 252:7;
304:9; 312:21; 319:10
testifying [7] -
163:7, 11, 14; 182:13;
195:21; 200:6; 284:22
testimonial [2] -
270:5; 274:22
testimony [30] -
140:6, 12; 144:6;
146:5; 148:1; 155:25;
172:18; 179:3; 182:17,
20; 189:17; 195:12, 15;
200:5; 208:18; 214:6;
228:4; 229:7, 10;
255:22; 256:1, 5, 7, 9;
289:17; 292:21; 298:7;
304:4; 320:7
THE [445] - 136:7, 11;
138:1, 3, 6, 20, 24;
139:13, 18-19, 24;
140:10, 13; 141:24;
142:3, 8; 143:10,
13-14, 16, 19; 144:7,
12-13, 15-16, 18-20;
145:2, 6; 146:16;
147:14; 148:6, 10;
149:17; 151:5, 7-9;
154:11; 158:14, 19;
160:8, 13; 161:10, 12,
15, 18, 20-21; 163:24;
164:24; 165:2, 4;
166:14; 167:12, 16, 18;
168:5, 8; 169:23;
170:23; 171:1, 9, 13;
172:12; 173:3, 10, 13;
174:10; 175:6, 14, 18,
23; 176:2, 14, 16, 18;
177:5; 180:15; 182:18,
25; 183:6; 184:1, 5;
185:6, 8; 186:9, 13,
24-25; 187:6, 16, 18,
23; 188:3, 7-9; 189:2,
11-12, 18; 190:10, 14;
191:4, 9; 192:7, 17,
25; 193:16; 194:12, 21,
23; 195:3-6, 8, 14, 20;
196:4, 12; 199:17, 20;
200:2, 11; 205:22;
206:16, 19, 21; 210:16;
213:10, 25; 214:3, 7;
215:9, 13; 216:8, 11,
14, 20, 24; 218:24;
219:5; 220:5; 222:11,
15, 22; 223:1, 18, 21;
224:22, 24; 225:3, 21;
226:8; 227:8, 20, 24;
228:11, 15, 23; 229:2,
18; 230:6, 10, 12, 15;
231:2, 5, 8, 10, 12,
17-19; 233:7, 12, 24;
234:1, 8, 16, 23-24;
235:7, 11-12, 22, 24;
236:3, 6, 12, 22;
237:8, 14, 25; 238:12,
15, 17, 23-24; 239:9,
12, 15, 17, 21; 240:3,
6, 24; 241:10; 242:22;
243:1, 9, 11, 13,
16-17, 20; 244:2, 8,
10-12; 245:3; 246:22,
25; 247:10, 25; 248:2,
12; 249:4, 11, 14,
16-18, 20, 23; 250:1,
3, 13, 25; 251:15, 18;
252:9, 17; 253:10-12,
23; 254:2, 4-5, 10,
12-13, 16; 255:10-13,
22; 256:4, 10, 14;
257:24; 258:25; 259:19,
21; 260:6, 16-17, 21,
23, 25; 261:1, 4-5,
7-8, 13, 15, 19, 21,
23-24; 262:1, 5; 267:9,
14, 25; 268:9, 11, 16,
21; 269:15; 270:12, 15,
18, 21, 25; 271:3, 7,
11, 13; 274:13, 23;
276:6, 16; 277:17, 25;
278:3, 6, 9, 14; 279:7,
17, 19, 21, 24; 280:9,
11; 281:8, 22; 282:9,
15, 22, 25; 283:1, 3,
10, 21; 284:1; 287:12,
19, 24; 288:1, 3, 6,
8-10, 14, 17, 19, 21,
23, 25; 289:3, 5, 8,
OWEN WICKER, RPR
23
12, 15, 18, 21, 23;
290:2, 9, 11; 293:24;
295:13; 296:10, 14-15,
18-20; 297:9, 12, 14;
298:23; 299:5; 300:21;
301:11, 15; 303:6, 21,
25; 304:2, 4, 7-8, 11,
13, 15-16; 305:13, 19,
21; 306:1, 4, 7, 10,
13, 19, 21; 308:5, 8-9,
12, 17, 22; 309:22;
310:3, 14, 19, 24;
311:1, 6; 312:10, 12,
15, 22, 25; 313:12, 14,
20; 316:15, 20; 317:2,
4; 318:19, 24; 319:2,
5, 22, 25; 320:4, 9,
13, 15, 18; 321:8, 13
thereafter [2] -
259:5; 274:4
therefore [4] -
165:11; 215:14; 238:23;
276:14
thereof [1] - 159:25
thinking [1] - 274:23
thinks [1] - 278:11
third [6] - 180:8, 19;
212:16; 263:3; 282:12;
292:23
Thomas [1] - 138:10
THOMAS [1] - 136:20
thoughts [3] - 299:10;
300:4
thousand [1] - 201:6
threat [2] - 212:11, 13
threaten [1] - 212:9
threatened [1] - 195:1
threatening [1] -
243:5
threats [1] - 237:5
three [26] - 148:3;
156:19; 164:11; 166:1,
3, 8; 167:13; 184:23;
186:17-19; 222:18;
232:4; 236:14; 240:12;
241:15; 242:6, 18;
254:1; 273:1, 4;
288:15; 289:7; 291:7;
311:2; 314:16
three-day [1] - 222:18
Throne [10] - 139:6;
244:1, 8, 16; 245:6;
248:14; 250:5; 259:2,
24; 267:4
THRONE [1] - 244:9
Throne-Holst [9] -
139:6; 244:1, 8, 16;
245:6; 248:14; 250:5;
259:2, 24
Throne-Holtz [1] -
267:4
throughout [1] -
195:18
Tim [2] - 231:4; 234:4
timeframe [2] -
206:14, 18
Timothy [1] - 231:18
tire [1] - 181:19
tissue [1] - 311:25
Tobin [1] - 317:7
today [20] - 140:3;
205:16; 215:20; 231:24;
246:7, 10; 274:23;
276:3, 7; 283:13;
292:21; 298:7; 300:18;
302:13; 305:2, 18;
306:5, 12; 316:23
tomorrow [7] - 305:18,
21, 23; 306:4, 6;
321:14
Toni [2] - 156:22;
298:9
Toni-Jo [2] - 156:22;
298:9
took [15] - 154:24;
165:21; 166:24; 234:2,
13, 17; 262:21; 263:7;
265:6; 278:1; 288:12,
17; 292:12; 294:4, 10
top [2] - 202:5; 281:13
totality [1] - 234:9
totally [1] - 161:5
touching [1] - 168:15
toward [2] - 186:20;
212:16
Town [40] - 138:8;
143:3, 11; 169:6;
172:3, 8; 192:2, 13;
193:1, 13; 194:14;
195:2; 197:1; 212:19;
219:18; 244:1, 11-12;
245:24; 246:5, 10;
247:3; 249:6; 251:11;
252:2; 253:2, 9, 18,
25; 254:8, 14, 22;
255:5, 25; 257:17;
266:12; 307:7; 308:16;
318:23, 25
town [43] - 167:18;
169:11, 13, 25; 170:8,
10, 12, 15; 171:16;
191:15, 18-20; 192:5,
9, 22; 193:2, 4;
214:14; 216:3; 220:2;
244:23; 247:6, 8, 24;
250:9; 253:6, 14, 20;
254:24; 255:15; 257:8;
260:24; 262:15; 264:7;
266:18; 267:15; 292:23;
305:5; 311:22
township [1] - 260:19
track [1] - 152:16
traffic [3] - 256:19,
22, 25
train [1] - 162:15
training [1] - 172:16
TRANSCRIPT [1] -
136:10
transcript [1] -
137:10
transcription [1] -
137:10
translate [1] - 165:2
treat [1] - 277:15
treating [1] - 279:4
tried [2] - 274:4;
320:9
trouble [1] - 309:21
true [4] - 177:21;
198:5; 228:11; 269:22
trustee [7] - 269:9;
290:16; 291:22; 294:6;
299:1; 300:22
trustees [8] - 142:23;
157:5; 158:6; 273:4;
291:7; 293:1, 16
try [3] - 213:9; 214:2;
275:16
trying [5] - 146:10;
153:23; 169:14; 254:3;
297:16
tuchman [1] - 273:20
Tuchman [18] - 139:8,
14, 24; 140:3; 143:21;
145:9; 146:19; 167:23;
168:25; 171:15; 177:7,
18; 181:1; 184:8;
185:1; 266:16; 272:2, 5
Tucker [4] - 156:22;
290:3, 11; 298:10
tucker [9] - 157:10,
12; 273:7, 17; 290:15;
298:5; 300:12; 302:8,
12
Tuesday [1] - 321:17
turn [10] - 139:6;
152:1, 6, 14; 234:5;
246:19; 251:15; 252:22;
258:8; 315:15
twice [2] - 164:4;
166:14
two [30] - 139:10;
149:13; 150:11; 158:13,
21; 166:1, 3, 8;
186:21; 190:25; 208:16;
210:6, 12; 211:12;
234:2; 240:18, 21;
242:6; 245:19; 258:17,
22; 262:18; 265:18;
273:1; 279:4; 289:7;
290:23; 298:16; 309:5
two-square [1] -
258:22
type [4] - 217:4, 17;
248:7; 259:17
typed [2] - 220:11;
221:22
types [1] - 250:17
typical [1] - 195:17
typing [2] - 144:13
U
U.S [1] - 159:19
unable [1] - 155:15
unbroken [5] - 173:19;
175:8; 176:23; 177:3,
11
unclear [1] - 187:17
uncomfortable [1] -
242:24
under [21] - 151:4;
158:21; 159:25; 163:16;
208:4; 218:20; 258:16;
265:20; 270:7; 271:17,
19; 279:8; 280:4;
289:23; 292:7, 16;
298:16; 304:8
underserved [1] -
263:19
understood [2] -
166:9; 287:9
unfair [2] - 228:21;
277:15
unincorporated [2] -
245:24; 308:15
UNITED [2] - 136:1, 11
United [3] - 136:6;
159:18; 264:1
University [1] -
307:15
unless [1] - 243:20
unmarked [6] - 203:8,
15, 21; 204:1, 4, 12
unquote [1] - 159:23
unrelated [2] -
188:12; 196:7
unsuitable [2] -
230:4, 8
up [49] - 139:16;
OWEN WICKER, RPR
24
143:8; 161:4; 162:22;
165:5, 11; 187:21;
188:5; 196:8; 200:17;
213:9; 214:5; 232:10,
25; 233:2, 17; 239:17,
21-22; 241:16, 18;
242:5; 243:11, 15-16,
19; 252:3; 255:23;
270:23, 25; 271:9;
274:6; 288:4, 10, 12,
14, 18; 296:13, 16-17;
312:2; 314:8, 11, 13,
19; 315:24
up-to-date [1] -
139:16
upheld [1] - 257:11
uphold [4] - 253:7, 19;
265:24; 296:23
urge [1] - 215:14
urging [1] - 215:2
usable [1] - 152:21
uses [2] - 162:6;
315:12
utility [7] - 192:4;
237:12; 243:18; 249:15;
293:20; 302:3, 11
utilized [1] - 272:17
utilizing [1] - 199:11
V
vacancy [1] - 260:2
vacancy/no [1] - 260:1
valid [8] - 158:22;
159:8, 11; 161:1, 4;
298:17; 315:11, 16
validity [1] - 159:22
vanity [1] - 313:2
variance [1] - 219:24
variances [3] -
171:22, 25
various [1] - 194:7
Verizon [121] - 143:8,
23; 144:9, 16, 22;
163:15, 19; 164:14, 18;
184:14; 185:15; 192:4;
193:3, 20; 194:8,
22-23; 195:4, 22;
196:1; 197:6, 9-10,
12-13, 16; 198:24;
199:6, 10, 16, 22, 24;
200:4, 8, 16, 20-21,
24; 201:17; 202:3-5,
10, 23; 203:7, 14,
16-17, 20, 25; 204:4,
11, 18, 20; 205:1, 10;
206:5, 7-8, 11; 207:17,
24; 208:3, 15, 18, 22;
209:6, 12, 16, 25;
210:24; 211:2; 214:13,
23-25; 215:2, 6, 14;
216:2, 9, 12; 217:4;
218:25; 221:7; 224:16;
225:15, 17-18, 23-24;
227:11, 16; 228:4;
241:21, 23; 248:16;
267:17; 280:12, 18, 21;
282:2, 11, 13; 283:6,
8, 15; 293:16;
301:23-25; 302:1;
314:6; 316:18
Verizon's [6] -
194:17; 195:17; 197:10;
226:20; 280:24; 302:10
version [1] - 156:7
versus [1] - 271:16
veto [1] - 284:11
vetting [1] - 141:16
via [2] - 213:21;
245:20
victim [1] - 264:3
view [3] - 161:7;
302:13
views [2] - 252:12;
295:6
vigorously [3] -
295:3, 9, 24
VILLAGE [1] - 136:7
village [69] - 155:2;
156:1, 10-11, 21;
157:3, 5; 158:2;
160:25; 165:16, 20-21;
166:6, 8, 12, 16, 19,
24; 167:1, 6; 192:9,
22; 198:10; 216:3;
233:20; 235:19; 240:1,
4; 241:25; 242:1, 24;
243:7, 12; 264:22;
269:24; 273:21, 24;
276:20; 277:23; 279:22;
282:7; 283:24; 284:9,
19, 23; 285:16, 18, 20,
24; 287:1; 291:22;
292:13; 295:5, 11;
296:24; 299:15, 18;
300:14; 302:2, 6, 15;
303:13-15, 17; 305:2
Village [45] - 136:21;
140:7; 142:23; 148:14,
23; 151:1, 18; 154:24;
158:6; 161:25; 162:16;
172:5, 9; 174:21;
179:9; 181:5; 183:9;
190:2; 191:12; 192:13;
196:24; 197:25; 198:4,
8, 12, 14; 205:25;
206:12; 207:7; 238:9;
240:11; 277:6; 278:25;
280:4, 17, 20, 23;
290:17; 293:1; 300:6;
302:14, 21, 24; 306:2;
308:14
village's [6] - 155:7;
156:4; 276:19; 278:23;
279:5; 301:6
villages [1] - 245:25
violate [1] - 214:25
violated [2] - 267:6,
21
visit [1] - 307:23
vote [10] - 165:22;
166:22, 24; 234:4;
274:6; 284:8; 318:12,
14
voted [9] - 166:1, 3,
8, 12; 272:25; 273:2,
4; 275:11; 284:23
voters [2] - 240:21;
297:22
votes [2] - 241:9;
297:16
vs [1] - 159:19
W
wait [14] - 158:14;
191:4; 206:16; 235:22;
237:22; 246:22; 256:10;
258:25; 296:10; 301:11
walk [16] - 155:11;
181:21, 23-25; 205:12,
18; 226:23; 311:23;
313:4; 317:20; 319:12,
15, 17
walk-out [1] - 226:23
walk-through [1] -
226:23
walk/job [3] - 202:12,
18, 24
walked [1] - 285:21
walking [7] - 153:22;
182:4, 6; 309:21;
311:21; 313:8
wants [4] - 202:17;
243:21; 270:9; 313:8
warn [1] - 296:11
warped [1] - 165:10
watch [2] - 297:23;
301:8
water [8] - 150:14,
18-19; 153:1, 14,
23-24; 311:25
ways [1] - 312:4
weather [1] - 313:7
web [2] - 155:7; 156:4
website [1] - 155:9
week [6] - 143:23;
146:5; 157:10; 214:7;
320:8
weekend [4] - 222:14,
17, 24; 311:19
weekends [3] - 183:12;
309:21
weeks [11] - 148:2;
164:11, 21; 210:17;
211:12; 242:6; 243:4;
288:15; 321:3
weight [2] - 234:8;
279:10
WEIL [1] - 136:14
welcome [1] - 171:9
welfare [5] - 253:1, 6,
17, 25; 254:13
west [3] - 153:11;
162:2, 4
Westbury [1] - 136:24
WESTHAMPTON [1] -
136:7
Westhampton [101] -
139:4, 10; 140:4, 6-7;
142:23; 144:3; 148:14,
17, 24; 151:1, 18, 21;
154:24; 158:6; 160:2;
162:1, 5, 16; 174:21;
181:5; 183:9, 16;
187:13; 188:1; 189:16;
190:2, 19; 191:12;
192:13; 198:1, 4, 8,
12, 14; 205:25; 206:12;
207:7; 215:1; 232:6,
11-12, 19; 234:5;
236:14, 17; 237:10, 12;
238:4, 6-7, 9; 239:9,
24; 240:11; 241:12;
242:18; 256:1; 268:15,
22; 269:1, 8, 11;
273:12; 275:8, 19;
277:6, 8, 20; 278:25;
280:5, 18, 20, 24;
283:7, 25; 289:9;
290:17; 293:2; 297:22;
300:6; 302:14, 21, 24;
303:3, 10; 307:4, 6,
19, 21; 308:6, 14-15;
310:7, 20; 315:1; 319:8
Wexelbaum [2] - 308:4
Wexler [8] - 149:3, 14;
150:21; 155:13; 161:7,
12; 164:6; 166:5
WEXLER [1] - 136:11
wheelchair [1] -
311:18
OWEN WICKER, RPR
25
white [1] - 308:7
whole [7] - 160:5;
267:11; 284:20; 293:1;
300:1; 304:20; 319:21
WICKER [1] - 137:5
Wicklow [1] - 307:1
WICKLOW [1] - 307:1
wife [1] - 183:14
William [1] - 189:12
willing [1] - 312:12
win [2] - 240:24; 241:1
winter [5] - 183:12;
288:9, 18
wire [1] - 165:7
wires [7] - 145:15;
146:2; 150:7; 174:3,
13; 178:5; 315:13
wiring [1] - 178:4
wish [2] - 168:5;
251:18
withdraw [3] - 213:17;
261:15; 276:22
withdrawing [2] -
165:17, 21
withdrawn [21] -
143:21; 152:4; 154:23,
25; 156:10; 165:15;
199:5; 209:10; 221:14;
229:6; 274:7; 285:5,
10; 292:11; 293:6, 15;
301:18; 315:9; 316:9;
317:19
withdrew [5] - 165:19;
284:24; 285:1, 13
witness [43] - 139:18;
144:24; 146:11, 15;
189:2, 7; 193:6;
196:11, 20; 198:22;
200:5; 206:24; 215:11;
216:23; 217:3; 220:21;
223:4; 231:3, 14;
237:4, 22; 243:23;
244:5; 247:9, 23;
262:3; 268:12, 18;
271:13; 277:13; 278:18;
279:4, 6; 289:12;
290:6; 305:24; 306:1,
12, 16; 320:12; 321:15
Witness [1] - 289:4
WITNESS [85] - 139:24;
143:11, 14; 144:13, 16,
18, 20; 149:18; 151:7,
9; 154:11; 161:15, 20;
163:24; 165:4; 186:24;
188:8; 189:12; 192:25;
194:23; 195:4, 6;
206:17; 230:15; 231:12,
18; 234:2, 24; 235:12;
237:25; 238:24; 243:13,
17; 244:8, 11; 248:2;
249:5, 14, 17, 20;
250:1; 253:11; 254:2,
5, 12, 16; 255:11, 13;
260:7, 17, 23; 261:1,
4, 7, 13, 19, 23;
262:1; 268:21; 279:17,
21; 283:1, 3; 288:6, 9,
14, 19, 23; 290:11;
296:14, 18, 20; 297:12,
14; 301:15; 304:2, 7,
13, 16; 306:21; 308:6,
9, 22; 312:25; 313:14
witness' [1] - 190:21
witnesses [15] -
138:14, 17-19, 22-24;
139:10; 231:5; 289:5,
14, 18; 318:20; 319:6
WITNESSES [1] - 322:2
wood [7] - 164:5,
18-19; 165:10; 208:17;
225:19
word [1] - 215:8
words [10] - 145:9,
13-14, 24; 155:11, 15;
160:18; 164:18; 280:4;
286:22
writes [1] - 158:10
writing [4] - 144:11;
201:16; 210:24; 314:17
written [8] - 166:25;
170:8, 11; 186:7;
199:11; 246:6; 248:6;
293:16
wrote [9] - 160:24;
196:21; 201:23; 204:23;
235:18; 252:1, 5, 12;
299:23
Y
yard [2] - 243:14;
312:3
yards [1] - 151:13
year [9] - 207:8;
239:1; 242:8; 269:5, 9;
293:11, 15; 297:20
Year's [1] - 288:24
years [26] - 156:19;
169:3; 179:17; 217:15,
19; 219:4; 232:4, 9;
236:14; 239:7; 240:18,
21; 262:18; 290:20, 23;
307:12, 20; 308:18;
309:19; 311:11, 15;
314:7, 10, 16
Yehudah [1] - 139:3
OWEN WICKER, RPR
26
YEHUDAH [1] - 136:17
yellow [4] - 148:9, 13;
149:12
YORK [1] - 136:1
York [9] - 136:6, 15;
137:6; 183:22; 202:5;
218:20; 263:2; 307:2
yourself [3] - 198:9;
240:10; 291:8
Z
Zoning [1] - 220:3

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