Schoolcraft v. The City Of New York et al

Filing 326

DECLARATION of Gregory J. Radomisli in Support re: 325 MOTION for Summary Judgment .. Document filed by Jamaica Hospital Medical Center. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C part 1, # 4 Exhibit Exhibit C part 2, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E part 1, # 7 Exhibit Exhibit E part 2, # 8 Exhibit Exhibit E part 3, # 9 Exhibit Exhibit F, # 10 Exhibit Exhibit G, # 11 Exhibit Exhibit H, # 12 Exhibit Exhibit I, # 13 Exhibit Exhibit J, # 14 Exhibit Exhibit EE, # 15 Exhibit Exhibit FF, # 16 Exhibit Exhibit HH)(Osterman, Brian)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

ADRIAN SCHOOLCRAFT,
-against-

Plaintiff,
Index No.
10CIV-6005 (RWS)

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9

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THE CITY.OF NEW YORK,. DEPUTY.CHIEF
.
...
MICHAEL MARINO, Tax Id. 873220,
Individually and in his Official
Capacity, ASSISTANT CHIEF PATROL
BOROUGH BROOKLYN NORTH GERALD NELSON,
Tax Id. 912370, Individually and in his
Official Capacity, DEPUTY INSPECTOR
STEVEN MAURIELLO, Tax Id. 895117,
Individually and in his Official
Capacity, CAPTAIN THEODORE LAUTERBORN,
Tax Id. 897840, Individually and in his
Official Capacity, LIEUTENANT JOSEPH
GOFF, Tax Id. 894025, Individually and
in his Official Capacity, stg. Frederick
Sawyer, Shield No. 2576, Individually
and in his Official Capacity, SERGEANT
KURT DUNCAN, Shield No. 2483,
Individually and in his Official
Capacity, LIEUTENANT TIMOTHY CAUGHEY,
Tax Id. 885374, Individually and in his
Official Capacity, SERGEANT SHANTEL
JAMES, Shield No. 3004, and P.O.'s "JOHN
DOE" 1-50, Individually and in their
Official Capacity (the name John Doe
being fictitious, as the true names are
presently unknown)(collectively referred
to as "NYPD defendants"), JAMAICA
HOSPITAL MEDICAL CENTER, DR. ISAK ISAKOV,
Individually and in his Official
Capacity, DR. LILIAN ALDANA-BERNIER,
Individually and in her Official Capacity
and JAMAICA HOSPITAL MEDICAL CENTER
EMPLOYEES "JOHN DOE" # 1-50, Individually

25
(Continued)

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2

and

in

John
3

their

Doe

names

Official

being

are

Capacity

fictitious,

presently

as

(the
the

name

true

unknown),

4
Defendants.
5
x
6
220

42nd

7

New

York,

8

May

30,

10:28

Street
New York

2014

a.m.

9
10

VIDEOTAPED DEPOSITION

11

MAFFIA,

12

Defendants,

13

CENTER,

in

14

held

the above

15

before

16

Reporter

17

of

18

Federal

a

at

New

Witness

on

JAMAICA
the

behalf

of

and

Public

Civil

to

one

of

the

MEDICAL
action,

place, taken

Scu1ly-Ayers,

pursuant

Rules

of

HOSPITAL

time

Notary

York,

ANTHONY J.

above-entit1ed

Margaret
and

of

of

Order

a

Shorthand

the
and

State
the

Procedure.

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2

APPEARANCES:

3
NATHANIEL
4

Attorney
111

for

ESQ.

Plaintiff

Broadway

Suite

5

SMITH,

New

1305

York,

New

York

10006

6
7
JOHN
8

LENOIR,

Attorney
829

for

Plaintiff

Third

Street

Washington,

9

10

BY:

11
12

SUCKLE

NOT

New
BY:

for

West

Suite
14

20002

SCHLESINGER

224

13

DC

NE

PRESENT

Attorneys

15

ESQ.

PLLC

Plaintiff

35th

Street

1200

York,

NOT

New

York

10001

PRESENT

16
17

ZACHARY

W.

CARTER,

Corporation
18

Attorneys
THE

CITY

Counsel

for
OF

Defendant

NEW

100

Church

New

19

ESQ.

York,

YORK

Street
New

York

10007

20
BY:

21
22

RYAN

File #

SHAFFER,

ESQ.

2010-033074

23
24
(Appearances

continued

on

next

page.)

25

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2

APPEARANCES

CONTINUED

3
SCOPPETTA,
4

KRETZ

&

ABERCROMBIE,

ESQS .
Attorneys

5

SEIFF,

STEVEN
444
New

Defendant

MAURIELLO
Madison

3 0 th

6

for

Avenue

Floor
York,

.. .... ...
New

York

10022

7
BY:

WALTER

A.

KRETZ,

JR.,

ESQ.

8
9
10

MARTIN,

CLEARWATER

Attorneys

11

JAMAICA
220

12

42nd

BELL,

LLP

Defendant

HOSPITAL

13 th
New

for

&

MEDICAL

CENTER

Street

Floor
York,

New

York

10017

13
BY:
14

GREGORY

File

#

RADOMISLI,

ESQ.

667-82153

15
16

& JENSEN,
Attorneys for Defendant
DR. ISAK ISAKOV
2001 Marcus Avenue
IVONE,

17
18

DEVINE

Suite
Lake

19

20

21
22

BY:

LLP

N100
Success,

MICHAEL

(Appearances

T.

New

York

IVONE,

continued

11042

ESQ.
on

next

page.)

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APPEARANCES

CONTINUED

3
4

CALLAN,

ROSTER,

Attorneys
5

LILIAN

for

BRADY

&

BRENNAN,

LLP

Defendant

ALDANA-BERNIER

.... One..Whitehall..Street...................
New

6

York,

BY:

PAUL

File

7

#

New

CALLAN,

York

10004

ESQ.

090.155440

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9

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1
STIPULATIONS

2
IT

3

IS

4

and

5

parties

.6.

HEREBY

among

STIPULATED

counsel

hereto,

for

that

the
the

AND

AGREED,

by

respective
filing,

sealing

and.certification.of..the.wi thin............ .

7

deposition

8

hereby
IT

9
10

that

11

the

12

time

FURTHER

all

of

the

IS

that

15

before

16

force

17

to

and

the

STIPULATED

objections,

question,

14

be

same

are

waived;
IS

IT

13

shall

the

shall

before

be

as

AGREED
to

reserved

to

form

of

the

trial;

FURTHER
within

STIPULATED
deposition

any Notary
and

except

AND

effect
the

Public
as

if

AND
may

AGREED
be

signed

with

the

same

signed

and

sworn

Court.

18
*

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*

★

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21

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Page 7
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MR.

2
3

.6
7

This
of

on

the

record

the

videotape

Hospital.

We

deposition

are

at

the

...... o f f i ce s.. of.Mart in.,..Clearwater.&.Be 11.........
at

220

East
And

the

42nd

Street.

would you mind

Witness,

swearing

in

please.

[Whereupon,

10

11

is

Jamaica

8
9

Going

10:28.

4
5

SMITH:

an

oath

was

administered.]

12

ANTHONY

13

herein,

14

Notary

15

follows:

16

EXAMINATION

J.

having

MAFFIA,

first been

Public,

was

Q.

What

18

A.

19

Q.

Where

20

A.

722

Square,

New

22

is

MR.

your
J.

do

federal

24

review

25

testified

as

Maffia.
reside?

Road,

Franklin

11010.

RADOMISLI:

23

and

the

name?

you

Willow

York

sworn by

SMITH:

Anthony

21

examined

BY MR.

17

duly

the Witness

and make

we

reserve

our

to

the

transcript.

212-267-6868

rules,

Pursuant

corrections

to

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to

the

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Page 8
A.

1
MR.

2
Q.

3
4

that

6.

SMITH:

Okay.

Good morning,

how
A.

5

MAFFIA

you

pronounce

Mr.

Maffia.

Is

it?

Correct.

.... Q ....... My.name

7

I'm

an

8

Schoolcraft

9

broughta

is.Nathaniel

attorney.
who

claim

I

represent

was

He

11

Jamaica

Hospital,

12

lawsuit

against

13

Adrian

an individual

against

10

Smi th ,..and

Jamaica

who

Hospital.

o ther s.

was

admitted

against
and

15

procedures.

16

with

17

procedures.

18

we

19

the

you

both

I'm

a

sure

agree

record.

just
on

will

brought
Hospital

few rules

about them;
I

he

Jamaica

There's

14

his

your
the

want

them

at

by
a
and

and

counsel

rules
to

spoke

and

clarify

the

that

beginning

of

Okay?

20

A.

Okay.

21

Q.

Is

22

A.

Okay.

23

Q.

If

24

don't

25

that

I

ask

right?

you

a

will

question

you

please

and

you

let

me

know?

212-267-6868

understand,

all

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A.

1

MAFFIA

2

A.

Okay.

3

Q.

You've

truth

so

but

also

just

sworn

5

that

6

under s tand.my. que s tions.becau s e.i f. I.ask

7

a

8

assume

9

that

you

important

and

you

the

record

If

11

the

12

will

you

question,
do

my

13

A.

have

Q.

Have

to

you

15

do

you

I'm

going

going
to

to

assume

question.

any
let

concerns
me know

rephrase it.

about

and

I

Okay?

Okay.

14

is

the

please

best

that

answer,

understood

10

that

tell

the

and

important

to

4

question

it's

been

"
you

ever

been

deposed

before?

16

A.

No .

17

Q.

Who

A.

Jamaica

Hospital

your

18
19

20

are

you

currently employed

by?

Center.

21

Q.

What

is

22

A.

Vice

president

23

Q.

How

24
25

Medical

president of
A.

212-267-6868

long

position there?

have

of
you

psychiatry.
been

the

vice

psychiatry?

Since

1995.

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1
MR.

2

4

record

5

Q.

was
Is

A.

Read

requested

that

back.

portion

of

the

read.]

there

Jamaica.Ho spita1

7
8

IVONE:

[The

3

6

MAFFIA

Yes,

a

department

that

the

you

within

wo r k.i n ?..........

Department

of

Psychiatry.
Q.

9

How

10

the

11

long

Department

of

have

you

worked

Hospital?

12

A.

Since

13

Q.

Can

14
15

Department

of

describefor

structure

of

Jamaica

me

the

the

Psychiatry?

MR.

RADOMISLI:

But

you

The

16

at

1995.

you

organizational

Psychiatry

within

Objection

organizational

to

form.

17
18

A.

19

20

that

21

who

22

officer

there

is

reports
of

a

to
the

There

23
24

reports

25

the

to

medical

212-267-6868

the

can

vice
the

answer

the

structure

president,

chief

question.
is

myself,

operating

hospital.
is clinical
chief

board,

chairman

operating

and

the

who

officer,

president

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A.

1
2

the

hospital;

3

clinical

MAFFIA

and

he

takes

care

of

all

matters.
And

4

I

take

—

responsible

6

matters.....................................................
Q.

What

8

individual

9

clinical

is

who

administrative

the

was

name

in

of

charge

the
of

the

matters?

A.

10

the

of

5

7

for

care

Dr.

11

name;

12
13

Q.

Are

14

A .

I

15

Q.

Do

A.

18

board,

first

19

operating

22

the

25

that

Vivek
he

the

the

reports

to

and

reports

chief

to

reports

report

He
board,

24

report

I

He's

a

physician?

you

officer

20

21

a

V-I-V-E-K.

not.

Well,
and

Vivek,

you

am

individuals

17

23

name

S-E-E-T-H,

physician.

1 6

last

Seeth,

to

the
the

to

same
to?
the

medical

chief
president.

the

medical

operating

officer,

the

and

operating

president.
Q.

Who

is

chief

officer?
A.

212-267-6868

William

Lynch.

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A.

1
2

Q.

3

throughout

4

Hospital?
A.

5
6
7

11

Q.

A.

Lynch

Jamaica

wa s

the.chief................

Mr.

to

Lynch

did

was

first

Lynch

Mr.

name

become

Bruce.

the

chief

officer?

Q.

14

and

F-L-A-N-Z,

When

operating

13

els e

Prior
Flanz,

12

tenure

to

officer?

A.

10

reported

No .

operating

Bruce

you

your

...... Q. ..... Who

8
9

Have

MAFFIA

About
In

operating

one

2009

year

ago.

Flanz

officer

of

was

the

15

A.

That's

Q.

As

vice

chief

hospital?

correct.

16

the

17
18
19

your

the

president,

what

are

du ties?
A.

My

duties

are

administrative

in

nature.

20

Q.

21

little

22

A.

Can
bit

you

more
I'm

explain

responsible

development;

budgets;

24

writing;

other

25

development

212-267-6868

of

in

a

detail?

23

any

that

for

finance;

program
grant

administrative

space;

issues;

construction;

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A.

1
2

types

5
.6

things.

Q.

3
4

of

of

Exclusively

for

A.

Q...... .When.y ou.say."pr o g ram

8

development
A.

what

are

To

kind

you

new

types

and

different

11

utilize

at

the

hospital

12

community;

for

instance,

13

would

patients

14

health

15

setting,

16

Psychiatric

help

clinic

Q.

a

CPEP,

in

to

we

for

can

assist

the

operations

utilize
than

to?

concepts

programs

an

a

that

mental

inpatient

Comprehensive

Emergency

Was

hospital

more

program

referring

ideas
of

of

10

18

Department

That' s

development,"

17

the

Psychiatry?

7

9

MAFFIA

there

Program.

a

CPEP

at

the

2009?

19

A.

No .

20

Q.

When

21

commence

at

the

22

A.

Last

23

Q.

Was

24

there

25

psychiatric

212-267-6868

were

did

a

CPEP

operation

hospital?

year.
it

that

renovations
emergency

last
done

year
to

that
the

room?

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A.

1

MAFFIA

2

A.

That's

3

Q.

And

in

5

renovations

obtain

..... A ....... That'.s

Q.

7

What

facility

did

A.

9

done

10

clinic,

a

11

department,

12

CPEP

c o r r e c t..........................

kind

the

They

the

were

authorization?

8

to

those

4

.6

order

correct.

of

psychiatric

hospital

had

a

have

mental

psychiatric

in

2009?

health

units.

and

two

emergency

psychiatric

13

MR .

IVONE:

14

THE

WITNESS:

15

inpatient

16

MR.

18

Q.

Two

p s;

RADOMISLI:

Off

held

the record.

off

the

record.]

19

s orry.

units.

[Discussion

17

I'm

inpatient

20

the

You

said

there

was

a

clinic

at

hospital?

21

A .

Uh-huh.

22

Q.

What

did

23

A.

Sees

outpatients.

24

Q.

And

25

does

212-267-6868

that

the

the

clinic

psychiatric

do?

ER, what

do?
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A.

1

MAFFIA

2

A.

Sees

emergency

3

Q.

What

are

4

A.

Patients

5
.6
7
8
9
10

that

are

care

patients?
brought

either

po1ice ,.by

in

by

f ami1ie s.or.......

themselve s .
Q.

What

under which

are

the

patients

circumstances

require

emergency

care ?
MR.

11
12

emergency

requiring emergency
ambu1anee,.by

patients.

beyond

RADOMISLI:

Objection,

goes

the scope.

13

Don't

14

MR.

15

question?

SMITH:

the

by

court

SMITH:

19

to

quibble

20

think

21

to

22

operations

I

with

need

a

understand

23

So

24

latitude

25

unnecessary

212-267-6868

answer

You

are

the

limited

order.

MR.

18

question.

Don't

MR. RADOMISLI:

16
17

answer

and

give
so

we

Well,
you

about

little
the

bit

nature

all
me

I'm

a

the

that,
of
of

get

going
but

I

latitude
the

other

little

won't

not

areas.

bit

of

into

an

delay.

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A.

1

MAFFIA

MR.

RADOMISLI:

MR.

2

SMITH:

The

question

is

3
4
the

5
.6

court

order

So

8

little

9

think

I'm

bit

was.

I

think

suggesting

of

I'm

limitations,

11

point

12

answer

to

the

what
you

do

15

beyond

16

Q.

17

mentioned,

18

A.

They

19

Q.

Where

20

A.

They

building

the

two
A .

212-267-6868

if

you
the

be

good

not

Witness

a

to

you

I

just

think
asked

the
goes

it.
two

wards

units,

floor

Q.

23

that

The

22

the

a

beyond

going

RADOMISLI:

question

third

and

me

question.

14

21

give

that might

tell

MR.

13

latitude

really

10

25

understand

...... to ...........................................................

7

24

I

at

see

of
the

Is

what

that
do

you

they

psychiatric

are
are

they
on

what

is

the

do?
patients.

located?
second

known

as

and
the

C

hospital.

there

any

difference

between

units?
No .
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Page 17
A.

1

MAFFIA

2

Q.

How

3

A.

Twenty-five.

4

Q.

What

5

A.

1949.

.6

many

beds

in

each

of

unit?

is

your

year

......Q ....... What.is

your

highes t.level

7

A.

Master's

9

Q •

In

10

A.

Social

11

Q •

When

12

A.

1977.

13

Q •

From

14

A.

Adelphi

15

Q •

What

16

A.

Worked

of

education?

8

birth?

degree.

what?
work.

did

you get

that?

where?
University.

did

17

Memorial

Medical

18

Hospital

at

you

do

after that?

what

was

Booth

Center,

now

New

Queens.

19

Q •

Doing

20

A.

Social

21

Q •

What

22

York

what?
work.

was

your

next

form

of

employment?

23

A.

Winthrop

24

Q.

Doing

25

A.

Social

212-267-6868

University

Hospital.

what?
work.

I

was

the

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Page 18
A.

1
2

assistant

3

Q.

4

of

What

A.

your

was

social

work
form

next

there.
of

Jamaica

Hospital.

I

was

the

..dire c tor.of.social.work.there ..................
Q.

7
8

director

employment?

5
.6

MAFFIA

When

Jamaica

did

you

start

working

at

Hospital?

9

A.

1986.

10

Q.

What

11

director

12

A.

13

social

14

Q.

15

of

social

To
work

services

back

17

18

in

work

services

What
at

your

supervise

are

the

MR.

16

were

in

as

a

1986?

and

at

the

duties

direct

the

the

hospital.

social

"

work

hospital?

RADOMISLI:

What

were

what

are

they

1986?

MR.

SMITH:

19

A.
Q.

Yes.

21

A.

I'm

they.

Now?

20

No,

22

work

24

the

director

ofsocial

anymore.
Q.

23

not

were

the

At

the

social
MR.

25

212-267-6868

time that
work

you were,

what

activities?

RADOMISLI:

Objection.

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Page 19
A.

1
But

2
A.

3

MAFFIA

you

They

can

answer.

provided

discharge

4

planning

5

hospital.

6.

... .Q.. ..... Anythin g.els e ?........ ..............
A.

7
8

services

same

Also

patients

9

Q.

10

A.

11

assistance

12

social

What

social
Q.

15

A.

patients

their

kind

of

Counseling
at

home,
It

17

the

counseling?
discharge,

basically,

did

you

In

president

to

medical

psychiatric
~

What

16

the

families.

around

wasn't

in

services

work.

14

the

counseling
and

work.

13

to

1995

I

was

of

psychiatry

do

next?

promoted

to

vice

Hospital.
Q.

18

at

Jamaica

Those

the

that's

the

title that

19

have

20
21

A.

That's

22

Q.

Was

23

worker

24

Hospital

duties

that

A.

212-267-6868

prior

medical

have

correct.

your
to

you

you

today?

25

and

are

work

coming
social

as
to

a

social

Jamaica

work?

Yes .
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A.

1
2

Q.

3

social

work?

4

A.

At

5
.6

and

at

Did

MAFFIA

8

psychiatric
Q.

9

I

A.

12
13

wo rk

also.

—

It

some experience

was

yeah,

was

and

psychiatric

17

Psychiatry

18

work

in

the

was

I

a

psychiatric

supervised

the

unit

at

social

'

Do

A.

experience

social work?

There

16

in

there.

your

there .
Q.

14

had

What

Winthrop,

20

Booth

answer

social work

psychiatric

11

19

—

the

psychiatric

limited.exp e rience.in.p sychia try.there..a t.
Winthrop.

15

also involve

Winthrop

Jamaica

7

10

it

you

have any

training

in

social work?

Social
is

work is

only the

social

division

work.
that

you

in.
Q.

Is

that

an

answer

to

my

que stio n ?

21

A.

[Indicating.]

22

Q.

Yes?

23

A.

Yes.
If

24

you

are

setting,

25

212-267-6868

a

social

that's

worker

where

VERITEXT REPORTING COMPANY
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a

you

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Page 21
A.

1
If

2

work.

3

medical

setting,

4

medical

setting.

were

The

5
6.

you

MAFFIA

.of. social

social

you

do

worker

social

differentiation

work

7

in

8

social

9

Q.

Do

10

A.

11

Q.

12

A.

13

social

14

Q.

Any

15

A .
Q.

As

is

in

the

you.provide .... Social

you

a

service

you

have

or diploma

a

type
work..

No .

16

work

a

Yes.

did

as

in

work.

17

general

a

any

What licenses
I

am

LCSW,

a

is

licenses?

do

you

have?

licensed

clinical

worker/
other licenses?

a licensed

have

to

18

A.
Q.

Who

any

worker,

examinations?

Yes .

19

take

social

20

those

examinations?

21

A.

The

22

Q.

Do

23

administered

certain

State of
you

also

educational

24

A.

Master's

25

Q.

Either

212-267-6868

in

New
have

York.
to

have

requirement?
degree.
your

studies

VERITEXT REPORTING COMPANY
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to

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Page 22
A.

1
2

obtain

3

studies

4

you

5

social

.6

your
to

have

obtain

A .
Q.
in

any

training

or

prior
in

in

your

degrees,

did

psychiatric

MR ...RADOMISLI :... Objection................
You

9

degree

work?

7

10

master's

any

...............

8

MAFFIA

can

answer.

No .
Have you

ever had

psychiatric social

11

MR.

12

any

training

work?

answered.

13

'

14

A .

15

Q.

16

You

can

Asked

and

answer.

Yes .
What was

psychiatric
A.

17

RADOMISLI:

social

When I

18

Medical

19

unit

20

and

21

training

in

work?

worked

23

there.
was

Q.
training

And
in

was

provided

supervised

Booth

that

by

the

was

as

Memorial

psychiatric

services

the

psychiatric

MR.

24
25

I

there

at

depar tmen t.

22

Center,

your

RADOMISLI:

there

director

extent

social

of

of

the

your

work?

Objection

to

form.

212-267-6868

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Page 23
A.

1
MR.

2

MAFFIA

SMITH:

You

3

A.

At

4

Q.

How

were

MR.

RADOMISLI:

5
.6
7

answer.

Booth.
you

trained?
He

is not

here

as.a..per s on a 1.witne s s .... He.i s .here.as..
a

corporate
MR.

8
9

can

SMITH:

understand

10

subject

11

witness.

the

But

I'm

trying

foundation for

matters

I'm

going

to

the

about.
MR. RADOMISLI:

12

13

sure

that

14

issues.

15

hard

time,
MR.

16

goes

not going

but at
SMITH:

17

trying

to

18

was

forms

20

the

21

to

give

point

Okay.

psychiatric

1 9

to

some

not

level

MR.

22

what

not
the
you

a

—

I'm

just

his

RADOMISLI:

23

foundation

of

24

role

director

25

in

experience

his foundation

for

the

Not really.

212-267-6868

VP

testimony
and

VP

is

and

The

psychiatric.

as

his

training

social work

only from
of

his

him

tes timony.

in

find out

ask

Well, I’m

that question
I'm

to

his

in

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Page 24
A.

1
MR.

2
3

into

4

Q.

5
.6

this

in

for

A.

I

8

Winthrop

9

unit

can
me

10

programs

11

other
Q.

12

not going to

you

just

what training

I

you

I

got

for

wor k?.... ....................

was

a

and there

that

go

briefly

received training

when

there

I'm

great detail.

p sychiatric.s o cia1

7

13

SMITH:

Sir,

describe

MAFFIA

also

supervisor
were

workers

and

What

were

of

the

educational

wouldattend

social

at

these

along with

team

members.

educational

programabout?
A.

14

They would

15

conferences,

grand

16

conferences

17

psychiatrists

about

be

called

rounds,
certain

who

case

individual
patients

would

discuss

ever

received

with

the

18
Q.

19

Have you

20

training

21

not

22

or

a

in

order

patient

is

to determine

a

danger

whether

or

themselves

others?

23

MR.

24

I'm going

25

to

any

answer.

212-267-6868

RADOMISLI:

It's

to

Objection.

direct him not

beyond

the

to

scope.

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A.

1
Q.

2

At

any

MAFFIA

Jamaica

Hospital,

3

have

role

in

making

4

dangerousness

of

individuals

5

mentally

ill

or

have

do

you

assessment

been

who

of

are

alleged

to

be

.6
7

A.

No,

8

Q.

What

9

today's

11

physicians

did

do

to

that.

you

do

prepare

the

attorneys

for

deposition?

A.

10

the

Met

with

or

attorney.

12

Q .

When ?

13

A.

Over

14

about

Q.

My

16

A.

When,

the

last

sorry.

three-week

when?

Once

a

week

for

weeks.
RADOMISLI:

THE
just

WITNESS:

trying
MR.

look

at

Don’t

look

at

me.

212-267-6868

I

to

I

apologize.

I'm

remember.

SMITH:

Did

you

say

don't

him?

MR.

24
25

or

me .

22
23

was

MR.

20
21

question

three

18
19

two-

period probably.

15

17

a

RADOMISLI:

can't

give

you

Don't
the

look

at

answer.

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Page 2 6
A.

1
2

How

Q •

MAFFIA

many

3

How many

times

4

attorney

for

5

8

Jamaica

........ A.... .... T ti r e e

7

How

Q •

you

did

meet

you

meet,

case ?

.6

did

times

with

Hospital

the

in

this

+- im _s....

long

were

each

of

these

meetings
Between

hour

and

Q .

Did

look

at

12

A .

Yes.

13

Q •

What

documents

14

A .

Some

of

15

Department

of

16

Q •

How

18

A.

I

19

Q •

Did

9

A.

10

half

to

two

hours .

11

a

17

you

the

did

documents?

you

policies

Psychiatry
many

any

look

that

at?

the

has.

policies

did

you

look

at?

20

other

than

21

don't
you

know,
look

Department

several.
at

else

policies ?

22

A.
Q •

What

24

A .

One

Psychiatry

No .

23

of

anything

25

involuntary

212-267-6868

were
policy

the
was

policies

about?

about

admission.
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Page 27
A.

1

MAFFIA

2

Q.

What

3

ab ou t ?

4

A.

Similar.

5

Q.

I

6

....

7

issues

9

and

don't

involuntary

8

A....... There

my

was

I'm

what

and

the
I

not

other

policies

that

means.

some.policies.about

admission

policies.

Q.

the

know

surrounding

the

10
11

were

some of

mental

looked

sure

you're

the

hygiene

at

.

law

those.
answering

question.
What

12
13

did

14

look

A.

15

at

was

It

in

a

of

the

hospital

deposition?

16

you

policies

preparing

for

policy

involuntary

on

your '

admis sion s.

17

Q.

18

A.

Righ t.

19

Q.

What

20

look

in

A.

21
22

at

You

that

I

can't
I

met

with

on

did

for

deposition?

25

you

prepared

your

recall.

were the

those
for

that.

policies

don't recall.

Who

24

212-267-6868

other

about

preparing

one.
Q.

23

told me

know
I'm

it

was

sorry.

attorneys

three
your

I

you

that

you

occasions when

deposition?

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Page 2 8
A.

1
On

A.

2

MAFFIA

all

three

occasions,

3

present

[indicating],

also

4

another

attorney that

we

5

Thrope,

T-H-R-O-P-E.

6.

..... Q •

. Who.i s.Mr ...Thr ope ?... ...............
.

A.

7
8

the

He

was

Q.

Does

10

Clearwater

&

11

A.

No,

12

Q.

He

A.
don 1 t

he work

attorneys

for

forMartin,

Bell?
he
is

does

not.

in-house

No,

he

works

counsel

17

employ

18

I

for

the

for

a

firm.

I

know.
In-house,

don't

him

and

he

does

works

that
at

the

mean

we

hospital?

understand.

19

Q.

What

20

A.

Foley

21

Q.

It's

the

Mr.

'

16

22

the

with

hospital?

14
15

of

met

was

hospital.

9

13

one

there

counsel

attorney

is
&

the

name

understanding

representing

A.

That's

24

Q.

Was

25

A.

the

firm?

Lardner.

your

23

of

the

he

was

hospital?

Yes.

212-267-6868

correct.

there

anybody

else

VERITEXT REPORTING COMPANY
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Page 29
A.

1
2

Q.

Who?

3

A.

Dr.

MAFFIA

4

was

present

at

one

meeting.
Q.

5
.6.

Vivek

Anybody

else

present

at

any

of

the s e.teetings ?.....................................

7

A.

No .

8

Q.

Is

9

superior,

10

Dr.

Vivek

peer,

A.

He

is

MR.

12

subordinate

form.

14

A.

He

15

Q.

Have

at

the

—

RADOMISLI:

13

at

your

hospital?

11

or your

your

Objection

to

"

16

else

the

17

is

a

peer.

you

spoken

hospital

withanybody

deposition?

18

A.
Q.

Have

your

No .

19

about

20

other

than

21

Dr. Vivek

22

looked

23

25

meet

done

on

the

policy

A.

Say

that

Q.

I'll

be

the

three

the

212-267-6868

at

with

anything

else

men tioned?

24

you

attorneys

occasions

documents

and

and

that you

again.
happy

to.

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Page 30

1

A.

2

Other

3

attorneys

on

MAFFIA
than

these

4

A.
Q.

—

three

the

occasions

—

Uh-huh.

5

meeting

.6.

and

other

than

looking

at

.the s e.po1icy.docurn e n t s.for.the.ho spita1 ,.........

7

did

you

8

do

today's

anything

else

to

prepare

for

deposition?
MR.

RADOMISLI:

11

MR.

SMITH:

12

meetings.

13

THE

9

Other

than

Dr.

Vivek.

10

Q.

14

meetings

16

policy

17

else

to

WITNESS:

Other

15

and

He

than

other

documents,
prepare

18

A.
Q.

What

one

of

the

in

these

looking

you

your

do

at

three
these

anything

deposition?

No .

1 9

being

did

at

Right.

than

for

was

20

the

21

testify

22

subject

is

your

matter

that

you

are

of

here

to

about?

A.

I'm

here

One

was

to

23

issues:

24

hospital;

something

25

policies;

and

212-267-6868

understanding

I

testify

about

structure

about

forget

about

the

of

four
the

cameras;
fourth

VERITEXT REPORTING COMPANY
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Page 31
A.

1
2

I'm

sorry
Q.

3

Was
is

4

.6

the

at

Yes

A .

5

MAFFIA

Is

................ Q.•...........

the

performance

hospital

for

doctors?

t h a t.c o r r e c t ?....

A .

Yes.

8

Q •

Does

Sorry.
the

hospital

procedures, protocols,
to

one

[indicating] .

7

9

fourth

10

respect

doing

11

performance of

or

have

practice

evaluations

doctors

any

that

on

with

the

work

for

it?

12

A.

Yes.

13

Q •

What

are

those?

14

A.

They

get

a

yearly

evaluation.

15

Q •

Is

there

a

policy

document

16

describes

17

what

that

yearly

that

evaluation

covers?
The

A .

18

evaluation

19

somewhat

familiar

20

what

evaluation

21

doctor

is

22

serves

as the

23

evaluated

24

Q •

Can

25

A.

In

212-267-6868

is

other

the

about;

on.

policy

you

has

I'm

tool.

the

with

which

and

It
the

explain
words,

what

kind

of

the

of

evaluation

that
on

tenet

answer?

the

VERITEXT REPORTING COMPANY
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Page 32
A.

1

MAFFIA

2

evaluation

there are

things

that

the

3

doctor

was

evaluated

on

and

that

serves

4

as

policy.
policy

they

get

the

Is

5
6

there

a

yearly.evaluation ,.. the.answer

7

Q.

8

evaluation

9

A.

That's correct,

10

Q.

And

11

So

subject

there

used

to

the

matters;

12

A.
Q.

And

a

form

of

evaluation

form

is

doctors?

right.

covers

that

yes .......

certain

correct?

Yes.

13

is

is

a

14

hospital

15

are in

16

the doctors

17

set forth

18

policy

order

A.

are you
about

to

what

the

that

performance

works

the

the

at

hospital

MR.

SMITH:
of

request

form,

the

21

Hospital evaluation

that was

22

to

for

23

2007,

evaluate

the

I

production

doctors

'8,

RADOMISLI:

Jamaica

the

employed
period

'9.

MR.

advisement.

212-267-6868

are

form?

20

25

of

Yes.

19

24

the

factors

assessthe

who

in

telling me

Please

Taken
follow

under
up

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A.

1
2

writing.

3

Q.

MAFFIA

4

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9
10

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8

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12

physicians

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on

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to

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25

evaluation

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you

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items.

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subject
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24

212-267-6868

would

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relate

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items .

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to

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1
2

Hospital,
A.

3

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RADOMISLI:

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10
11

you?

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MAFFIA

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questions.

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21

questions

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answer.

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25

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want

212-267-6868

you

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evaluation

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24

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to

answer.

process.

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examination.
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1
2

A.
question,

MAFFIA

please?

3

MR.

RADOMISLI:

4

MR.

SMITH:

5

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MR.

18
19

matter

SMITH:

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RADOMISLI:

question

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10

a

No.

SMITH:

not

raise

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20
21

voice.

22

ask

23

information,

24

question

MR.

25

212-267-6868

frustrated

raising

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RADOMISLI:

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A.

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doctors

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to

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212-267-6868

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A.

MAFFIA

know

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A.

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4
5
6
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MR.

212-267-6868

of

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item.

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2

lecture

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212-267-6868

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RADOMISLI:

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A.

1
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A.

212-267-6868

was

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think

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Jamaica

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516-608-2400

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A.

1
with

MAFFIA

2

trustees

3

are

4

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president

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17

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are

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not-for-profit

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20

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22

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23

A.

Neil Phillips.

24

Q.

Who is

25

the

chairman?
of

the

trustees?

president of

the

hospital?

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1

A.

2

A.

3

Q.

4

A.

5

Q.

.6

Mr.

MAFFIA

Bruce

And the
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7

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And the

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last

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there ?

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than

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believe
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presidents are

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titles

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17

vice

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rehabi1itation/transitiona1

19

services.

20

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will

23
24

vice president

ambulatory

for
care,

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me

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yours?
A.

15

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know?
A.

I

apologize.

Vice president

25

212-267-6868

of

nursing,

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A.

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2

Holley,

4

A .

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MAFFIA

want

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OB/GYN;

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15

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whole

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pulmonary;

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quality

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departments,

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Let's

respiratory,

212-267-6868

see.

I

mentioned

instruction,

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1

MAFFIA

2

housekeeping,

3

resources,

4

Department,

5

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of

6

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7

list

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is

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plant

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14

A.

15

financial
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16

'

Mounir

Doss,

the

chief

officer.
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17

responsible

18

not

19

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Department

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services
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for

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way

23

ask

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hospital

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phrased

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24

Q.

25

department

212-267-6868

the

by

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I'm

whether

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responsible

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Who

20
21
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Security

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23

A.

Presently.

24

Q.

Yes?

25

A.

Mr.

212-267-6868

Charles

Neacy,

N-E-A-C-Y.

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MAFFIA
security
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who

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18

Martinez,

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22

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212-267-6868

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1

A.

MAFFIA

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MR.

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record,

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of

cameras?

24

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Yes .

25

Q.

What

212-267-6868

kind

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A.

1
at

MAFFIA

2

were

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4

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23

Q.

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24

A.

Yes,

25

Q.

Including

212-267-6868

that

correct?

that's

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cameras

in

the

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2

emergency room?

MAFFIA

3

A.

In

4

Q.

How

5

there?

6

..... A ...... Two .-....-.....................................
Q.

7

8

the

11
12

13

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many

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Is

there

One

a

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is

I

see.

emergency room
A.

is

medicine/surgery.

Isn't

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the
—

RADOMISLI:

15

THE

WITNESS:

MR.

RADOMISLI:

19

MR.

SMITH:

20

THE

WITNESS:

Let
I

him

finish.

apologize.

I'm

s o r ry.

17

21

psychiatric

Yes .
MR.

18

between

psychiatry.

Q.

One

14

16

are

two?
A.

9

10

which

You're

doing

fine.

that's

good

or

I

I

bad.

22

MR.

23

answering

24

casual

conversation,

25

you're

and

In

so

don't

too.
know

if

Sorry.

fine.

212-267-6868

SMITH:

think

terms

breaking
in

of

from
my

the

normal

view,

VERITEXT REPORTING COMPANY
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Page 4 9
A.

1
Q.

2

In

3

directly

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room

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psychiatric

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security

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entryway?

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When

hospital

212-267-6868

the

the

I'm

Q.

22

to

the

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in

parks
Yes,

patient
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in

is

brought

ambulance,
a

that's

certain

to

the

location?

correct.

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Page 50
A.

1

MAFFIA

Q.

Four

4

A.

[Indicating.]

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or

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.6

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of

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what is

outside

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17

directly

18

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19

A.

I

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Were

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earner as

wards

in

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hospital

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on
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the

park?

of the

can't

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also

hospital

22

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What

23

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All
Was

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25

the

two

212-267-6868

you

in

for

cameras

October

psychiatric

mean

sure.

by

in

the

2009?

righ t.

24

do

that

a camera
wards

at

wards?

system

in

Jamaica

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Page 51
A.

1
2

Hospital

in

MAFFIA

October

2009?

3

A.

Yes.

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4

Q.

I

that.

5

know

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or

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No,

they weren't.

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How

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to

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as

of

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A.

11

probably

13

year,

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19

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22
23

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to

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Department

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inoperable

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cost

the
they

of

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machinery
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was

have

the

fix

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I

know,

did thehospital
system?

Thehospital,

24

212-267-6868

and

camera

A.

the

at the

it.

When

security

of

because

outdated,

hospital

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period

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time.

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Because
them

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A.

17

21

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long

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2003.

Why

15

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Q.

14

31,

They

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had

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of

as

system

Psychiatry

far

as

only
and

in

the

that

was

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Page 52
A.

1
2

after

we

3

Q.

4

got

A.

5

that

MAFFIA

grant

When
We

was

money

was

did

to

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it.

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the

2011/2012

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CPEP

when

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6 -.. took.place .....................................................
7

Q.

8

system

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2009,

When
at

you

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11

A.

That's

12

Q.

Have

14

A.

15

with

Q.

in

mean

inoperable

chart

that

hospital

10

13

say

any

was

the

camera

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in

it was completely

fashion?
correct.

you

looked

respect

to

at the

hospital

Schoolcraft?

~

No .
Have you

16

governing

17

state

of

ever looked

involuntary
New

at

admissions

the
in

law

the

York?

18

A.

Not

19

Q.

What

20

lookedat?

21

A.

22

entire

parts

parts

of

that

law.

the

are

law have

in

you

the

po1icy.
MR.

23
24

The

the

as

212-267-6868

I

want to

mark

this

Exhibit 130.
[The

25

SMITH:

document was hereby marked

VERITEXT REPORTING COMPANY
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Page 53
A.

1

MAFFIA

2

as

Plaintiff's

3

identification,

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the

MR.

Let's

off

the

[Discussion

date

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take

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record.

It's

held off

the

at 11:21

a.m.,

a

at

a.m.,

the

record.]
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recess

was

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[Whereupon,

13
14

testimony

15

MR.

16

this

11:21.

11
12

SMITH:

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9
10

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7
8

as

130

attorney.]

5
.6

Exhibit

It's

continued.]

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came

20

production.

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stamp

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I

23

production

24

relevant

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regarding

212-267-6868

Back

on

the

record.

11:36.
Off

17

11:36

130

from

record

a

group

the

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the
by

to

on

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Hospital

them,

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Jamaica

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documents

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Bates

they

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the

Hospital

Hospital

admission

policies

procedures

VERITEXT REPORTING COMPANY
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at

516-608-2400

Page 54
A.

1
the

2

MAFFIA

hospital.
MR.

3

RADOMISLI:

4

record

is

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5

Augu s t

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.... ..........MR ...SMITH :...Right ....................
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8

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130,

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of

'

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Yes.

17

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18

documents

19

A.

tell

are

me

what

Exhibit

Generally,

21

Admission

22

section

of

23

Law

one

130

ones?

the

generally?

20

that

you

the

is

are,

the

Emergency

admission.

for

New

The

24
25

Procedure

Involuntary

212-267-6868

York

next

Legal

and

that

State

page
Status

lists

Mental

is

the

Hygiene

the

Admission Policy

VERITEXT REPORTING COMPANY
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Page 55
A.

MAFFIA

is

brought

1
2

when someone

3

and

evaluated by
The

4
5
.6.

Admission

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next

Status

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law,

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emergency

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to

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basis

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set

hygiene

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be.

think

it's

from
to

that

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the

the

would

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20

Q.

On

21

document

22

indication

23

series

of

any

other

to

forth

the

hospital

here in

admit

on

an

pertinent

connection
involuntary

individual?

A.

at

I

believe

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the

of

this

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bottom

reviewed,

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of

all.
that

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and

a

dates.
Do

212-267-6868

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floor

with respect

19

A.

the

there

policies

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based

admission

and

15

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mental

"

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to

Emergency

would

last,

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the.physician.....

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And the

9

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7

25

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you

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Page 56
A.

1
Q.

2

Who

3
4

Hospital

6

is

and

reviewing

involved

revising

involuntary

A.

5

MAFFIA

That

would

in

the

the

Jamaica

hospital
be

the

procedures?

physicians,

the.chairman..the .asso cia te.chairman .........
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7
physicians

9

Q.

And

10

A.

That's

11

Q.

Who

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12

A.

Dr.

15

is

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associate

Vivek?

chairman?

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last

name

D-H-A-R.

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14

the

would

for

correct.

Dhaf,

they

policies

8

13

so

are

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chairman

and

Vivek

and

associate
Department

16

Dhar

were

chairman
in

17

A
Q

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they

are

is

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of

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2009?

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18

the

true?

19
A.

20

Yes,

21

chairman.

22

Dhar

came

I

Dr.
have

24

had

25

exactly

changes

212-267-6868

Vivek
to

was

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currently

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to

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me,

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Page 57
A.

1

MAFFIA

2

Q.

Who

was

3

A.

Dr.

Bamji.

4

the

Q.

In

Q .

October

So

8

A.

I

check

10

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and

Q.

Dhar

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of

'09?

A.
is

make
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15

hospital

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the

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sure.

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you

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don't

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B-A-M-J-I.

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name?

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Dinshaw,

14

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12
13

He

..... A ... -... Yes .........................................

7

9

predecessor?

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5

6

Dhar's

and

respect

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to

for

else

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18

A.

It

19

Q.

Anybody

20

A.

I

believe

21

Q.

Were

22

that

policies

admissions?

24

read

25

the

at

all

people.

so.
involved

in

activity?
A.

23

you

those

of

in

else?

don't

be

the

participating

involuntary

would

at

them
ones

212-267-6868

I

was

and —
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involved
but

are

the

really

only

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physicians
involved

VERITEXT REPORTING COMPANY
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had
are

with

516-608-2400

Page 58
A.

1
2

the

particular
Q.

3

MAFFIA

On

use of

the

there

this.

second
is

a

page

of

4

document,

5

called,

6.

..... A ....... Yes .........................................

"Involuntary

7

Q.

When

8

A.

Well,

9

status

would

does

apply

mentally

ill,

and

11

not

feel

that

12

the

physician

13

they

Q.

be

Do

you

Schoolcraft

16

for

was

a

the

apply?
legal

patient

some

for

policy

Status."

policy

need to

feels

to

15

this

if

they

need

Legal

for

the involuntary

10

14

caption

this

is

reasons
be

some

ill,

does

admitted
reason

or

that

admitted.
know

whether

MR.

18

Q.

RADOMISLI:

this

Objection

to

f o rm .

19

under

not

policy?

17

admitted

or

20

you

right

Under

the policy

MR.

RADOMISLI:

22

MR.

IVONE:

psychiatric
MR.

24
25

withdraw

212-267-6868

front

of

now.

21

23

in

Isn't

that

the

927?

a

decision?

SMITH:
the

That’s

Forget

about

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I

question.

VERITEXT REPORTING COMPANY
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Page 59
A.

1
2

You

Q •

3

Exhibit

130,

4

heading,

MAFFIA

see

on

there

do

you

the

is

see

a

second

page

of

"Procedure"

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5

A .

Uh-huh,

.6.

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7

the

admission

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status

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you

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A .
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any

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11

yes.

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13

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A .

says
for

15
16

under

17

person with

18

father or

19

brother

20

person

21

the

22

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23

charitable

24

in

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the

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the

can

of

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or

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"An

patient

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child

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the

may be

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whom

committee

212-267-6868

in

this status

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for

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14

application

individuals

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VERITEXT REPORTING COMPANY
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social

516-608-2400

Page 60
A.

1
2

service

3

hospital or

official;

4

Q.

5

Plaintiff,

.6

MAFFIA
the

director

of

the

designee."

Do

you

know

Officer

whether

or not

Schoolcraft,

in

the

this

.case ,..was.commi11ed.under. this.procedure?..

7

A.

I

8

Q.

Turn

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document

10

don't.
to

policy

Status."

11

called,

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A.

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Okay.

12

MR.

IVONE:

What

13

MR.

SMITH:

A

14

bottom

15

Q.

Do

you

17

portion

18
19

A.

20

Q.

There

about

see in

five

on

the

pages

the reviewed

Yes.

'09;

also

this

It's

number

dates?

21

of

17.

page

number?

in .

16

of

page

a

document

is

review

22

A.
Q.

Am

review

date

of

series

date of

April

of

April

2010.

Yes.

23

a

the

24

the

25

make

hospital
any

212-267-6868

Icorrect
would

revisions

that every

undergo
that

the

a

April,

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people

VERITEXT REPORTING COMPANY
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doing

516-608-2400

Page 61
A.

1

2

the

review

3

April?

4

A.

Yes.

5

Q.

It

MAFFIA

thought

looks

6 .. review.done.between
7

2010

10

Do
changes
that

appropriate

like

there

April

'09

in

was a
and

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.

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9

were

to

year

you

this

know
policy

A.

No,

I

12

Q.

Who

would

13

A.

Probably

reviewed

15

chairman.

16

any

there

were

document

any

during

period?

11

14

if

it,

don't.

the

I

the

physicians

chairman,

don't

revisions

know?

know

the

that

who

associate

there

were

done.

17

MR.

RADOMISLI:

Off

the

18

MR.

SMITH:

the

record.

19

It’s

11:46.
[Discussion

20

21

[Whereupon,
recess

was

off

the

testimony

212-267-6868

at

11:46

a.m.,

a

at

11:47

a.m.,

the

taken.]

[Whereupon,

24
25

held

record.]

22
23

Off

record.

continued.]

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Page 62
A.

1

2
3

MR.

MAFFIA

SMITH:

record.

It's

5

this

6

the

7

back

on

the

11:47.

Counsel

4

Going

and

document.

I

8

MR.

9

It's

10

says

11

not

think

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s ta temen t.

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I

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want's

to

RADOMISLI:
my

counsel
make

a

Yes.

understanding

"reviewed."

for

It

was

it

just

reviewed

and

revised.
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contract,

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admission

14

policy,

15

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16

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you

look

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has

of

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17
18

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19

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one

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20

was

the

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reviewed

dates

my

emergency

at

the

revised.

it

the

if

dates

where

it

Admission

as

Status

and marked

effect

in

23

policy

24

"Jamaica

25

admit

212-267-6868

SMITH:

The

Q.

Emergency Admission

says,

reading

Hospital

appropriate

Thank

the

patients

far

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you.

first

Medical

also

2009.

MR.

22

and

was

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produced
in

room

part,

Center
in

Status

will

emergency

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Page 63
A.

1

2

situation

3

Hygiene

4

attention

5

legal

MAFFIA

under

York

State

Article

Law

New

9.39

with

to

the

rights

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6

....

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statements

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14

situations,

15

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16

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18

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17

reference

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20

Q.

21

attention,

22

A.

And

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are

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24

evaluations
Q.

212-267-6868

danger

the

what

23

25

a

Why

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is

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or

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by

themselves

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VERITEXT REPORTING COMPANY
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516-608-2400

Page 64
A.

1

2

required

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A.

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right

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the

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14

you

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18

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20

illness

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RADOMISLI:

instructing

1 6

212-267-6868

RADOMISLI:

in the
likely

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hospital

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VERITEXT REPORTING COMPANY
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516-608-2400

Page 65
A.

1
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3

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illness

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things.

physicians

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determination

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physicians

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whether

mental illness,

21

A.

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Q.

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A.
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make

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that

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patient

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or

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25

Jamaica

212-267-6868

Uh-huh.
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that

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want

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know

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what

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VERITEXT REPORTING COMPANY
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is

mental

516-608-2400

Page 6 6
A.

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illnessunder
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4

that

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MAFFIA

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MR.
'

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SMITH:

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Jamaica
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MR.

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15

as

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18

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20

saying

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mental

22

that

with you

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disagree

24

is

25

need to

set
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as all

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to

be

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categories

in

the

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answer

partially,

212-267-6868

you

Jamaica Hospital

illness

are
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23

that

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516-608-2400

Page 67
A.

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2

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4

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RADOMISLI:

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general

212-267-6868

I'm

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VERITEXT REPORTING COMPANY
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516-608-2400

Page 68
A.

1
MR.

2
3

asking

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MAFFIA

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CALLAN:

physicians

10

Hospital,

11

who

work

MR.

somebody

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defined

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Jamaica

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person to

14

explain

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22

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us.

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24

general

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23

212-267-6868

to

RADOMISLI:

mental
DSM

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medical

18

is

SMITH:

13

17

who

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not

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illness
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hospital

VERITEXT REPORTING COMPANY
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illness
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516-608-2400

Page 6 9
A.

1

MAFFIA

2

MR.

RADOMISLI:

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MR.

SMITH:

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11

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you

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15

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23

A.
Q.

Can

25

phrase

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to

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immediate

treatment

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24

see

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for

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do

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RADOMISLI:

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His

212-267-6868

you

"immediate

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to

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VERITEXT REPORTING COMPANY
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this
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516-608-2400

Page 7 0
A.

1
2

treatment"

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7

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suicide

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conduct

demonstrating

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himself;

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manifested

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behavior

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reasonable

24

harm

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says

"Substantial

harm."

by

212-267-6868

a

of or

bodily

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15

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VERITEXT REPORTING COMPANY
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516-608-2400

Page 71
A.

1
2

sir?

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A.

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Q •

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5

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CALLAN:

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17

physician

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212-267-6868

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RADOMISLI:

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19

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10

15

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VERITEXT REPORTING COMPANY
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516-608-2400

Page 7 2
A.

1

MAFFIA

2

Hospital

require

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any

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MR.

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MR.

9

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10
11

as

either

herself,

7
8

is

that

record

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MR.

12
13

make

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15

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17
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ones,

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20

MR.

21

MR.

22

not

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I

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physicians

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RADOMISLI:

-­
Or

expe r t.
MR.

23
24

understand

25

Q.

212-267-6868

I

SMITH:
your

guess

my

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objection.
question

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516-608-2400

Page 7 3
A.

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2

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MAFFIA

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19
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22

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RADOMISLI:

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23

application

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212-267-6868

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VERITEXT REPORTING COMPANY
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516-608-2400

Page 7 4
A.

1

MAFFIA

2

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MR.

RADOMISLI:

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MR.

18

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23

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212-267-6868

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VERITEXT REPORTING COMPANY
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516-608-2400

Page 7 5
A.

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with

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MR.

SMITH:

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RADOMISLI:

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212-267-6868

or

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VERITEXT REPORTING COMPANY
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agree

516-608-2400

Page 7 6
A.

1
2

with

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3

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MAFFIA

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212-267-6868

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RADOMISLI:

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VERITEXT REPORTING COMPANY
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going

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516-608-2400

Page 7 7
A.

1
2

ask

3

Q.

4

MAFFIA

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20

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212-267-6868

to

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516-608-2400

Page 7 8
A.

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me

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MR.

SMITH:

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MR.

RADOMISLI:

RADOMISLI:

15

scope.

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17

you

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212-267-6868

as

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act

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Page 7 9
A.

1

MAFFIA

2

perspective,

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doctors

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policy

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212-267-6868

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A.

1
2

document,

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20

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RADOMISLI:

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21

MR.

SMITH:

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MR.

RADOMISLI:

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policy,

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25

A.

212-267-6868

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A.

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2

should

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MAFFIA

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RADOMISLI:

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Hospital

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RADOMISLI:
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212-267-6868

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Page 82
A.

1

MAFFIA

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MR.

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212-267-6868

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A.

1
We

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MAFFIA

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212-267-6868

notice

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A.

1
2

A.

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3

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MR.

SMITH:

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policy

212-267-6868

yeah.

counsel

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44.

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A.

1

MAFFIA

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MR.

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psychiatrist

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MR.

212-267-6868

individual

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516-608-2400

Page 8 6
A.

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here.

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11

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212-267-6868

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RADOMISLI:Objection.

I'm sorry?
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A.

1

MAFFIA

2

MR.

RADOMISLI:

You

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17

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risk

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involuntarily

22

MR.

23

MR. RADOMISLI:

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19

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25

212-267-6868

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A.

1
A.

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It's

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19

MR.

RADOMISLI:

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20
In

21
22

she

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potential

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would

Dr.

testified

212-267-6868

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Page 8 9
A.

1
2

hospital

MAFFIA

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MR.

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Don't

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Dr.

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212-267-6868

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A.

1
MR.

2
Q.

3

MAFFIA

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RADOMISLI:

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212-267-6868

SMITH: Yes,
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A.

1

[The

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MAFFIA
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212-267-6868

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Page 92
A.

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MR.

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212-267-6868

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Page 93
A.

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212-267-6868

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Q.

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1
A.

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A.

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Page 9 9
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212-267-6868

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1
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assessment

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212-267-6868

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THE

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212-267-6868

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VERITEXT REPORTING COMPANY
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1
2

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1

A.

2

performance
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A.

1

MAFFIA

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212-267-6868

VERITEXT REPORTING COMPANY
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A.

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[The

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516-608-2400

Page 107
A.

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VERITEXT REPORTING COMPANY
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516-608-2400

Page 108
A.

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212-267-6868

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A.

1
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212-267-6868

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MAFFIA

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212-267-6868

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1
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212-267-6868

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212-267-6868

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A.

1
2

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A.

1
2

Q.

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A.

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MAFFIA

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MR.

RADOMISLI:

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14

THE

WITNESS:

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MR.

RADOMISLI:

16

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[Whereupon,

24
25

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212-267-6868

the

following

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not

confidential:]
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A.

1
MR.

2

MAFFIA

SMITH:

3

Maffia.

I

4

questions at
MR.

5

don't

have

this

you,

Mr.

anymore

time.

CALLAN:

[TIME

6

Thank

No

NOTED:

questions.

1:04

p.m.]

7
ANTHONY

J.

MAFFIA

8
9

10

Subscribed

and

to

before

11

me

day

_______________________ ,

of

this

sworn

_____________
2014.

12
Notary

Public

13
14
15
16
17
18
19

20

21
22
23
24
25

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Page 118
1
INDEX

2
3
WITNESS

EXAMINATION

BY

PAGE

4
5

A.

Maffia

Mr.

Smith

7

6
7
8
EXHIBITS

9

DESCRIPTION

10

PLAINTIFF'S

11

Exhibit

130

Group

12

Exhibit

131

Page

of
of

PAGE

documents

52/53

hospital
91

Char t
13
Exhibit

Confidential

132

105

D o cumen t

14
15
16

Attorney

Smith

has

retained

all

exhibits.

17
CONFIDENTIAL
18

Page

19

to

106

PORTIONS
Page
116

20

21

REQUESTS
Page

to

Line

22
32

19

23
24
25

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Page 119
1
CERTIFICATION

2
3
I,

4

MARGARET

5

Pub lie

6

Yor k,

for and
do

That

7
8

and

within

hereby
the

her ein

9

SCULLY-AYERS,

witness

10

r e c ord

11

I

13

r e 1 ated

14

act ion

15

am

16

th i s

whose

18

set

the

New

testim o ny

was duly

within

further

in

sworn

transcript

testimony

certify

to any
by

no

is

way

that

I

by

a

me ;
true

said

am

n ot

the pa r tie s

of

blood

given

by

as

or

to

this

marriage,

and

that

interested

in

the o utcome

I
of

ma 11e r.

IN

17

of

of

wit ness.

12

the

State

certify:

set forth,

that

the

N o tary

a

WITNESS

myhand

WHEREOF,

this

I

18th day

have
of

he reun to

Jun e ,

2014 .

19
20
21
*

22

*

*

23
24
25

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2

ERRATA SHEET
VERITEXT/NEW YORK REPORTING,

LLC

3
4
5
6
7
8
9
10

11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

CASE NAME: Adrian Schoolcraft -v- The
City o f New York et al.
DATE OF DEPOSITION: May 30, 20 14
WITNE SS '' NAME: Anthony J. Maff i a
REASON
CHANGE
PAGE/ LINE(S)/
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/

ANTHONY J. MAFFIA
SUBSCRIBED AND SWORN TO
BEFORE ME THIS________ DAY
OF
, 2014.

MY

NOTARY PUBLIC
COMMISSION EXPIRES

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Page 1

[& - admit]
_______ &_______

& 4:3,10,16 5:4 7:6
28:10,20_________
_________0________
09 57:5 60:21 61:6
090.155440 5:7
_________ 1
1 59:6 71:4 80:2
110:20 112:21
1-50 1:19,24
10 112:21 113:2,7
100 3:19
10001 3:14
10004 5:6
10006 3:5
10007 3:19
10017 4:12
10022 4:6
105 118:14
106 118:19
10:28 2:8 7:3
lOciv 1:7
11 106:8
11/1 93:4
11/3 93:4
11010 7:21
11042 4:19
111 3:4
116 118:19
11:13 46:12,13,15
46:18
11:21 53:8,11
11:36 53:13,16
11:46 61:19,22
11:47 61:24 62:3
1200 3:13
12:36 104:10,13
12:44 104:15,18
130 52:24 53:2,18
54:8,18 59:3 118:11
1305 3:5
131 91:5,8 96:24
118:12

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13th 4:12
15 64:25
17 60:14
18th 119:18
19 111:23 112:8
118:22
1949 17:5
1977 17:12
1986 18:9,11,17
1995 9:25 10:12
19:15
1:04 117:6

_________ 4_______

2 70:19 71:4
20002 3:9
2001 4:18
2003 51:12
2007 32:23
2009 12:13 13:18
14:8 45:2 47:3,17
49:2,14 50:21 51:2
51:10 52:9 56:16
62:20 99:13 108:19
2010 60:21 61:7
2010-033074 3:21
2011 54:5
2011/2012 52:5
2014 2:8 117:11
119:18 120:4,23
220 2:6 4:11 7:7
224 3:13
2483 1:16
25 114:17
2576 1:15

6 38:4 83:7,11 110:7
6005 1:7
65 111:23 112:8
667-82153 4:14

_________ 3
3 85:11
30 2:8 38:4 120:4
3004 1:19
30th 4:6
31 51:10 99:13
32 118:22
35th 3:13

4 66:5
42nd 2:6 4:117:7
44 84:25
444 4:5
45 85:3
474 80:8
48 101:20,23 102:4
102:6,11,22 103:3
_________ 5_______
5 54:5 66:4 107:23
52/53 118:11

_________ 7________
7 84:23 111:8 112:7
118:5
722 7:20__________
8
8 32:23
829 3:8
873220
885374
894025
895117
897840

1:9
1:18
1:14
1:12
1:13
9

9 32:23
9.39 63:3 100:5
91 118:12
912370 1:11
927 58:21
98 89:8___________
a
a.m. 2:8 46:12,13,15
53:11,13 61:22,24
abercrombie 4:3
ability 33:14,15,16
111:14 113:16

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able 39:6 72:15 79:2
83:8
absolutely 116:22
abuse 112:9
act 78:3,6 107:21
108:6
action 2:13 72:3
119:14
activities 18:24
activity 57:22
acuity 116:10
ada 107:15
adelphi 17:14
adjacent 48:12
administered 7:11
21:19
administrative 11:5
12:18,24 114:20
115:16
administrator 68:11
administrators
40:16
admissibility 74:6
104:25
admission 26:25
27:7 53:25 54:21,23
54:25 55:5,10 59:7
59:12,15 60:9 62:13
62:18,22 64:7 77:18
83:13 86:7,14 91:16
99:21 100:2,4
101:21,23 102:5,9
102:11,13,15 103:3
103:4,5,10,11 111:4
116:9,20
admissions 27:16
52:16 57:17 75:13
77:16 84:21 85:4
95:16 96:8,11
115:18
admit 55:17 62:25
71:25 78:9 82:9
86:23 87:21 88:24
89:15,21 102:8
115:20,23
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[admitted - best]

admitted 8:10 58:11
58:13,15 64:24 70:8
102:10,14,23
114:12
admitting 80:25
85:12,24 101:11
adrian 1:5 8:7 120:3
adulthood 111 :23
112:8
advisement 32:25
affirmative 77:19
afraid 74:16
agency 59:23
ago 12:12
agree 8:18 64:6 73:2
73:16 74:19,24,25
75:5,25 86:2
agreed 6:3,9,13
agrees 73:12 76:10
ahead 38:25
al 120:4
alcohol 112:9
aldana 1:23 5:5
alleged 25:5 64:19
69:18
allocation 74:10
allow 37:17 75:6
92:9,11
ambulance 15:6
49:23,24
ambulances 50:18
ambulatory 41:16
43:6
americans 107:20
108:5
amount 69:12 109:9
114:10 115:6,7
anesthesia 42:16
annual 113:22,25
answer 9:7 10:18
15:13,14 16:12 19:2
20:4,19 22:7,13
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82:12,25 86:3,5,8
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89:4,17,24 90:18,22
91:23 92:9,11 94:9
94:10 96:21 97:19
98:14,18 99:9
100:14 103:16,18
103:19 107:11,25
111:5 114:4
answered 22:12
67:15 94:8 96:20
answering 27:10
48:23 73:18 87:8
88:8 99:3
anthony 2:10 7:18
117:7 120:5,21
anticipated 68:20
anybody 28:24 29:5
29:15 45:21 57:14
57:19 63:17 82:4
anymore 18:22
117:3
apologize 25:20
41:24 48:15
appear 35:8 63:10
appearances 3:2,24
4:2,22 5:2
application 59:6,12
59:15 73:22,23
74:15 78:16 110:12
apply 55:6 58:7,9
108:22 111:18
appropriate 61:2
62:25 64:22 69:21
110:13
april 60:20,21,23
61:3,6,6
area 49:9 50:11

areas 15:22 111:18
authorizes 97:25
112:22
99:17
arrival 92:20 93:11
available 59:20 80:4
93:18
avenue 4:5,18
article 63:3
ayers 2:15 119:4,21
asked 16:14 22:11
_________b_________
36:20 37:15 67:14
b 38:4 57:12 82:15
69:15 74:4 76:7
118:9
94:7 96:19
back 10:2 18:17
asking 36:2 66:10
37:12 39:19,22
66:12 67:3,4 68:3,5
53:15 56:22 62:2
73:17,21 75:18
72:9 87:4 90:10,24
78:15 79:6,9,10,12
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81:4 82:16 97:16
104:22 107:20
assess 32:15 110:10
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badly 47:15
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bamji 57:3,12
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80:15,18 89:22 90:8
68:19 89:21 100:4
97:9,10,23 98:3,21
116:10,18
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basic 35:22
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assist 13:11
basis 55:18 64:13
assistance 19:11
78:13 82:13 100:25
assistant 1:10 18:2
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isakov 1:22 4:17
76:3 89:18 110:24
isakov's 89:6
issue 105:8 112:20
issues 12:24 23:14
27:8 30:23
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[item - maffia]

item 37:21
items 33:11,13,17
33:19 112:21
ivone 4:16,20 10:2
14:13 39:22 58:22
60:12 66:9,15 71:9
71:14 72:9,12 73:7
73:13 76:4,4,11
84:23 85:2,6,22
86:3 87:3,7,11,22
89:25 90:14 92:25
97:16 98:4,11,16
________ J______
j 2:10 7:12,18 45:23
57:12 117:7 120:5
120:21
jamaica 1:21,24
2:12 4:11 7:5 8:9,11
8:12 9:19 10:6,10
12:3 18:5,8 19:16
19:23 20:5 25:2
_26:4 32:20 33:25
36:16,24 39:21,25
40:18 46:21 47:2
50:25 53:19,23,24
56:3 62:24 64:2
65:25 66:13,20
67:10 68:6,9,15
71:25 73:5 75:12
79:10,14 81:22
95:16 97:24 99:5,16
104:23 106:10,12
107:7 108:12 109:9
113:20
james 1:19
jeez 41:19
jensen 4:16
job 106:12 108:6
john 1:19,20,24 2:2
3:7
join 71:13
joseph 1:14
jr 4:7

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judge 74:5 76:15
june 119:18_______
_________ k________
k 11:11
keep 109:15 113:21
114:10,14
kind 13:7 14:7 19:9
31:21 40:8 43:7
46:25 72:3,4 77:19
83:23
kinds 77:21
know 8:25 9:11
26:18 27:5,21 28:15
33:18 35:16 37:2,5
38:9,10 41:23 42:9
42:20,22 45:9,11
46:4 48:20 51:5,23
58:14 60:4 61:8,12
61:15 65:24 67:12
73:11 74:18 76:9,25
81:10 84:2,9 99:10
99:22 105:3 112:4
115:3
knowledge 46:6
75:19 77:23 110:13
111:14
known 16:21
koster 5:4
kretz 4:3,7
kurt 1:16_________
________ 1_______
1 12:9 42:2,2 45:23
45:23 108:21
labeled 106:10
lake 4:19
language 92:8,12
lardner 28:20
latitude 15:20,24
16:8
lauterborn 1:13
law 27:8 38:2 52:15
52:18,19 54:23 55:6
55:8 63:3 67:2,3,6
76:15 84:10 100:6

100:20
looked 27:9 29:22
33:3 38:11,15 52:12
lawsuit 8:12
52:15,20 54:11
lcsw 21:12
learning 110:4
106:25
leave 39:17
looking 30:5,15
lecture 38:2
92:18 95:13 96:6
left 44:19 49:3 92:16 looks 61:5 110:7
loud 101:16
93:9
legal 54:25 58:5,8
lynch 11:25 12:2,8
63:5 84:12,15
12:1041:6________
length 111:3
m
lenoir 3:7
m 7:12 41:8 44:16
letter 83:22,23
45:23 57:12 108:21
level 17:6 23:20 64:8
machinery 51:18
87:19 89:9,14
madison 4:5
levels 109:17
maffia 2:117:188:1
licensed 21:12,16
8:3 9:1 10:1 11 :1
licenses 21:9,11,14
12:1 13:1 14:1 15:1
lieutenant 1:14,17
16:1 17:1 18:1 19:1
light 73:2
20:1 21:1 22:1 23:1
likelihood 70:11
24:1 25:1 26:1 27:1
86:20
28:1 29:1 30:1 31:1
lilian 1:23 5:5
32:1 33:1 34:1 35:1
limitations 16:10
36:1 37:1 38:1 39:1
limited 15:16 20:6
40:1 41:1 42:1 43:1
line 83:7 118:21
44:1 45:1 46:1 47:1
120:6
48:1 49:1 50:1 51:1
list 43:7 107:22
52:1 53:1 54:1 55:1
listen 116:11
56:1 57:1 58:1 59:1
lists 54:21
60:1 61:1 62:1 63:1
little 12:21 15:20,23
64:1 65:1 66:1 67:1
16:8 47:14 51:5
68:1 69:1 70:1 71:1
lie 120:2
72:1 73:1 74:1 75:1
Up 4:10,16 5:4
75:25 76:1 77: 1
located 16:19 47:21
78:1 79:1 80:1 81:1
location 49:24
82:1 83:1 84:1 85:1
log 114:14
86:1 87:1 88:1 89:1
long 9:23 10:9 26:7
90:1 91:1 92:1 93:1
51:9,13,16 69:13
94:1 95:1 96:1 97:1
89:14
98:1 99:1 100: 1
look 25:18,23,24
101: 1 102:1 103:1
26:11,13,16,19
104: 1 105:1 106:1
27:13,20 54:7 62:12
106:21 107:1 108:1
93:22 95:4 101:16
109: 1 110:1 111:1
110:4

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516-608-2400

[maffia - observation]

112:1 113:1 114:1
115:1 116:1 117:1,3
117:7 118:5 120:5
120:21
maintain 101:7
109:17
making 25:3 82:8
100:2,17 115:19
management 43:6
44:14,15,17
manifest 77:19
manifested 70:16,21
marcus 4:18
margaret 2:15 119:4
119:21
marino 1:9
mark 52:23
marked 52:25 53:17
62:19 91:4 104:4
106:2
marking 91:8
marriage 119:14
martha 108:21
martin 4:10 7:6 28:9
martinez 45:3,18
master's 17:8 21:24
22:2
matter 30:20 33:24
35:7 38:4,7 39:18
84:22 89:7,9,14
119:16
matters 11:3,6,9
23:10 32:11 36:5,15
mauriello 1:12 4:5
mcjolly 45:23
mean 28:16 37:20
37:25 49:20 50:22
52:9 63:21 65:8,10
71:8 74:23 75:4
82:3 102:5 112:14
115:3
meaning 76:22
means 27:5 70:2
74:18 79:15 82:4
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measure 111 :25
medical 1:22,24
2:12 4:11 9:19
10:25 11:17,20
17:17 19:11,24 21:3
21:4 22:18 40:8,9
49:9 62:24 64:5
68:3,13 87:11,17
88:2 98:24 102:14
102:15 116:7
medically 85:14,20
medicine 42:12,15
43:11 48:9
meet 26:2,3 29:20
80:6
meeting 29:4 30:2
meetings 26:8 29:6
30:12,15
members 24:11 40:4
memorial 17:17
22:17
memory 38:22
mental 13:13 14:9
27:8 54:22 55:5
63:2 64:19 65:7,9
65:12,14,20,25
66:21 67:11,25
68:19,24 69:9,19
84:10 97:2 100:5
mentally 25:5,6
58:10
mentioned 16:17
29:23 42:24 106:22
115:7
mersten 44:16
met 25:10 27:24
28:4
mhls 83:14 84:9
michael 1:9 4:20
mind 7:8 41:22
106:14
minute 53:6
missing 41:20
money 51:20 52:2

morning 8:3
mother 59:18
mounir 41:8 43:14
move 39:15 116:19
n
n 7:12,12 12:9 41:8
44:16,25 45:20
56:12 57:13 108:21
118:2
nlOO 4:18
name 1:20 2:2 7:17
8:6 11:7,11,11 12:9
28:19 41:8 45:4,23
45:25 56:12 57:11
57:12 76:4 120:3,5
names 1:20 2:3
nathaniel 3:3 8:6
nature 12:19 15:21
ne 3:8
neacy 44:25
nearest 59:20
necessarily 37:20
115:2,4
need 15:20 58:11,13
66:25 68:12 75:2
79:18
needs 70:7
negative 36:12
neil 40:23
nelson 1:10
neo 111:19
new 1:3,8 2:7,7,17
3:5,5,14,14,18,19,19
4:6,6,12,12,19 5:6,6
7:21 13:9 17:17
21:21 52:4,17 54:22
63:2 97:4 119:5
120:2,4
night 99:12
nine 115:8
nonoperational
51:11
normal 48:23

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north 1:10
notary 2:16 6:15
7:14 117:12 119:4
120:24
noted 117:6
notice 83:9,14,20,21
83:24 84:7 91:15
94:6,17
november 47:3
49:13
number 60:12,13
83:11 109:5 110:20
113:21,24 114:22
115:22 116:18
numbers 53:21
115:21
nurses 49:5
nursing 41:25 43:5
nypd 1:21 45:10
o
o 7:12 28:5 41:8,9
42:2 45:23 56:12
oath 7:10
ob 42:13
object 34:12,17
72:15
objection 10:16
15:11 18:25 22:6,24
24:23 29:12 34:4,10
58:17 64:9,10 68:2
71:9 72:7,12,24
73:2,3 74:25 75:9
76:2,16,18,24 78:11
81:13 82:11 84:16
86:24 87:7,22,23
88:19 89:3,23,25
90:2,14,15 91:21
94:7 96:17 98:11,16
100:12 102:16
103:7,14 107:8
objections 6:10
obligation 38:3
observation 64:20
69:20,25 70:5 97:7

516-608-2400

[observation - plant]

98:2
obtain 14:4 22:2,3
occasions 27:24
28:2 29:21 30:3
October 47:3,17
50:21 51:2,10 57:5
99:13 108:19
office 97:2
officer 10:22,24
11:19,21,24 12:7,11
12:14 40:7,7,14
43:15 59:22 60:5
officers 40:3 90:4,6
offices 7:6
official 1:9,11,12,14
1:15,16,17,18,20,22
1:23 2:2 60:2
okay 8:2,19,20,22
9:2,12,13 23:16
35:16 60:11 85:2
92:22 93:12 105:9
116:14
old 51:19
omh 80:7
once 25:16
ones 54:14,15 57:25
72:19
operating 10:21,24
11:19,21,23 12:7,11
12:14 40:6,14
operation 13:20
operations 13:12
15:22 43:2 46:22
opposed 72:3 77:20
order 2:17 14:4
15:17 16:5 24:20
32:15 83:6 86:22
87:20 101:6
organizational
10:14,19 39:20
42:10
outcome 119:15
outdated 51:19
outpatients 14:23

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_______ P_______
p 28:5
p.m. 104:13,15
117:6
p.o.'s 1:19
page 3:24 4:22
54:24 55:20 58:3
59:2 60:12,13 79:25
82:23,24 84:25
85:11 89:8 91:9
106:8 107:14,21,22
109:22 110:6,7
111:8,22 113:2,7
118:3,10,12,18,18
118:21 120:6
pages 60:14
paper 96:5
park 50:18
parking 50:2
parks 49:24
part 54:8 62:23 74:9
77:9 116:17
partially 66:24
participating 57:15
particular 43:24
58:2 105:7
particularized
100:25
parties 6:5 119:13
parts 52:19,21
party 44:4
patient 24:21 49:22
50:7 55:7 58:9 59:7
59:15,17 65:19
69:18 70:7 71:25
72:2,5 77:18,21
78:5,9 80:6,16 82:5
82:6,10 83:8,13
84:3,14 85:8,13
86:16,21,23 87:21
88:24 89:11,21 90:8
94:5,16,18,19,22
95:2,10,18 96:15

97:9,21 98:20 99:7
99:8,19,20 100:20
100:21 102:8,10,14
102:23,25 103:5,11
103:17 112:3
patient's 64:3 99:19
101:7
patients 13:13 15:2
15:3,4,9 16:18 19:4
19:8 24:16,18 33:15
62:25 63:22 64:19
70:7 77:12 91:19
97:15 109:5 110:14
111:4 113:13,17,21
113:24 114:7,8,9,11
114:13,16,18,22
115:9,20,21,22
116:19
patrol 1:10
paul 5:7
payer 44:5
pediatrics 42:13,15
peer 29:8,14
people 45:7 57:18
60:25
perceive 89:15
perform 113:15
performance 31:3
31:11 32:15 36:15
39:17 104:2 106:13
107:6 109:12
111:11,13 112:2,15
113:18 114:3,24
period 25:14 32:22
51:16 61:10 64:25
97:8 109:6
permit 51:14 97:6
permits 99:18
permitted 79:8
person 59:8,17,20
59:21,24 68:13 73:3
73:17 75:2
person's 64:7
personal 23:6

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personnel 56:24
persons 70:20
perspective 79:2
83:4,6
pertaining 96:7,10
pertinent 55:14
perused 33:5
phillips 40:23
phrase 65:7,9 67:11
68:6 69:25 71:21
phrased 43:22
phrases 74:23 78:20
physical 70:15,20
70:23
physician 11:12,13
55:3,6 58:12 66:11
67:19 69:16 70:4,6
71:10,17 72:14 73:5
75:4,21 77:9 79:17
79:19 80:5 86:6
88:3,7,9,13 98:12
100:7,19 101:3
105:6 109:10,15
110:11 111:12
112:4,16
physician's 65:11
physicians 25:7
33:12 56:5,8 57:24
61:13 63:24 65:16
65:18 68:9 72:17
86:15 99:25 100:10
108:16 112:22
113:19 114:6
pieces 96:5
place 2:14 52:6
placed 70:22
placing 106:7
plaintiff 1:6 3:4,8,12
60:5
plaintiffs 53:2 91:5
91:8 104:19 105:2
106:3,9 118:10
planning 19:4
plant 43:2

516-608-2400

[play - question]

play 77:10 83:2
please 7:9 8:24 9:11
32:25 34:14 35:2
77:4 84:4 87:3,10
87:16 90:11 97:19
98:15
pile 3:12
point 16:11 23:15
police 15:6 90:4,6
policies 26:14,16,21
26:23 27:2,6,9,12
27:19 30:25 53:24
55:15 56:7 57:16
policy 26:24 27:15
29:22 30:6,16 31:15
31:22 32:4,5,14
52:22 54:25 58:4,7
58:16,19 59:14 60:8
61:9 62:14,18,23
63:8 64:2 65:5 66:2
66:13,14 67:9 68:7
68:25 69:17 70:10
73:21,22,23 74:7,9
74:13,14,15,17,23
75:11 76:23 77:8,11
77:15 78:16,17 79:4
79:4,11,15,17 80:20
80:23 81:6,16,23
82:19,21 83:20,25
84:20,25 86:14,19
89:2,19 90:3 91:18
93:21,22,24 94:13
95:4,4,5,7,9,12,16
95:20 96:3,13,18,22
97:6,25 98:18 99:6
99:17,24 100:9
101:5,9,10 104:25
poorly 47:14,15
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position 9:21 78:22
positions 56:19
positive 36:13
possible 64:5
potential 87:19
88:23
practice 31:9
predecessor 57:2
prejudice 75:18
prepare 25:8 30:7
30:17
prepared 27:25 34:7
35:6 36:3,14,22
37:23 38:5,21 63:10
108:10
preparing 27:13,20
54:11 107:2
preprinted 96:25
prescribed 115:7
present 3:10,15 28:3
28:24 29:3,5 38:14
90:4 113:13
presentations 113:4
113:9
presented 75:10
presenting 63:18
presently 1:212:3
44:23
preservation 63:4
president 9:22,24
10:20,25 11:19,22
12:16 19:16 40:4,6
40:10,12,13,24
41:15,16,17,25
presidents 40:13,15
41:10
pretty 115:14
previous 45:15
prior 12:8 19:23
22:3 45:17,22,24
46:3 82:8 98:3
probably 25:14
51:1261:13

problem 73:19
procedure 2:18
54:21 55:8 59:3,13
60:6 80:2 85:7
procedures 8:15,17
31:9 53:25 56:4
process 33:25 34:22
36:16 37:14,19,24
39:4 109:4,8,14
110:22,23,25
produce 36:6 105:5
produced 62:19
production 32:20
53:20,23
profit 40:19
program 12:22 13:6
13:7,16 24:13
programs 13:10
24:10
promoted 19:15
pronounce 8:4
proper 63:23 73:17
82:18
properly 63:23
protect 89:11
100:10
protocols 31:9
provide 21:6 38:5
67:24 68:23 69:8
71:20 75:11 88:4
provided 19:3 22:19
44:11 112:23
provides 43:18
providing 76:21
87:18 88:12,15
100:23
provision 64:24
psychiatric 13:16,25
14:7,10,11,14,24
16:18 19:12 20:2,8
20:10,11,15,25 22:4
22:10,16,18,23
23:18,25 24:6 48:11
49:2,12 50:25 56:16
58:23 80:14,18

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81:11 85:8 90:8
97:8,10,22 98:3,8
98:21 101:2 102:21
102:24 103:6,12
108:12 109:16
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psychiatrist 85:13
85:24 99:2 109:16
113:25 114:23
115:17 116:13
psychiatrists 24:17
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115:18 116:4,6,16
psychiatry 9:22,24
10:8,10,15 13:4
19:16 20:6,17 26:15
26:20 48:10 51:25
98:20 116:9
psychologically
99:8,14
public 2:166:15
7:14 59:22 117:12
119:5 120:24
pulmonary 42:18
purposes 109:11
pursuant 2:17 7:22
put 69:14 84:4
93:19,21 94:4

______ q______
quality 42:19 115:5
queens 17:18
question 6:11 8:23
9:7,9,11 10:18
15:13,15 16:2,12,14
20:20 23:13 25:15
27:11 34:17 35:2,5
35:11,15,22 36:10
36:13,19,20,21
43:21 47:14,20
58:25 64:12,15 67:8
67:17 68:14,21,21
68:22 69:7 72:25
73:9,18 75:24 76:19
77:3,15 81:14,18

516-608-2400

[question - responsibility]

82:25 84:17 86:4,5
86:8 87:8,9,15 88:2
88:9 89:4,12,13,24
90:18,22 93:8 94:9
94:11 97:17,20
98:14,18 99:4
103:19,20 108:2
111:6 115:25
116:12
questions 9:6 34:14
34:21 38:21 73:4
92:11 97:18 106:20
117:4,5
quibble 15:19
quite 42:7________
r
r 28:5 41:8 44:16
45:20,20 56:13
radomisli 4:13 7:22
10:16 14:16 15:11
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18:25 22:6,11,24
23:5,12,22 24:23
25:18,24 29:12 30:9
32:24 34:4,10,16,19
35:3,10,18,25 36:7
36:11 37:13 38:20
39:14 46:8 48:14,17
54:3 58:17,21 61:17
62:8 64:9,11,16
67:14 68:17 69:2,5
71:16 72:7,21 73:19
74:3 75:14,20 76:18
76:24 78:11,14,25
79:16,20 80:19,22
81:4,13,19 82:11,14
83:5 84:16 86:10,24
87:2,13,23 88:19
89:3,23 90:10,15,19
90:23 91:21 92:4,10
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ran 45:2
range 65:15
rattle 42:21
read 10:2,4 39:22,24
57:24 72:9,11 77:7
82:22 87:3,6 90:10
90:13,24 91:3 98:4
98:6 101:15 103:21
103:23
reading 62:23
110:15
reads 64:18
ready 33:23
real 83:3,5
really 16:9 23:22
57:25 76:5
reason 58:12 97:14
120:6
reasonable 39:16
70:23
reasons 58:10 98:23
recall 27:21,22 33:9
56:25 68:18
received 24:7,19
112:18
recess 46:14 53:12
61:23 104:14
recognized 59:22
record 7:2 8:19 9:8
10:4 14:16,18 39:24
46:8,10,12,17 53:7
53:10,15,17 54:4
61:17,18,21 62:3
72:11 77:7 87:6
90:13 91:3 98:6
103:23 104:6,8,10
104:12,17,20
119:10
recorded 94:17

recording 95:9
recount 33:20
reference 63:13,20
69:6 71:5 81:23
83:7 93:14,16
102:15,19 107:15
113:2,9
referenced 63:16
references 70:25
108:3
referred 1:21 80:13
referring 13:8 103:5
109:23
refers 103:10
reflect 112:22
regarding 53:25
92:12
regards 77:11
regulation 100:5
rehabilitation 41:18
42:14
reimbursed 44:3
reiterate 39:2
relate 33:14,15
related 119:13
relates 111:11,19
relative 59:20 83:13
relevant 53:24
107:5
remain 51:15
remainder 115:10
remember 25:21
37:7 38:12 39:7
41:19,21 56:21
107:19
rendered 82:17
renovations 13:24
14:3
repeat 77:5
rephrase 9:12 67:8
103:9
replacing 51:17
report 11:15,18
40:11

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reported 12:2
reporter 2:16
101:13,25
reporting 120:2
reports 10:21,24
11:16,17,20
represent 8:7
representation
84:15
representing 28:22
request 32:19 83:15
requested 10:3
39:23 72:10 77:6
87:5 90:12 91:2
98:5 103:22 111:9
requesting 88:16
requests 118:21
require 15:9 72:2
77:17 90:3 94:15
95:17 99:24 100:10
required 39:3 64:2
82:7 83:24 86:22
87:20 91 :i8 96:14
requirement 21:23
101:4,17,19
requires 71:10
86:14
requiring 15:5
77:20
reserve 7:23
reserved 6:11
reside 7:19
resides 59:17,24
resources 43:3
110:5
respect 31:10 52:13
55:15 57:17 74:10
75:12 77:16 108:10
112:13,15
respective 6:4
respiratory 42:18
42:25
respond 72:13
responsibility 85:12

516-608-2400

[responsible - smith]

responsible 11:5
12:22 43:17 44:2
46:22 57:15 81:2
101:11
result 64:22 70:11
retained 118:16
revenue 109:10
review 7:24 56:8
57:16 60:20,21,24
61:2,6 64:4 80:22
98:17
reviewed 55:22
60:16 61:14 62:10
62:10,14 63:10
reviewing 56:3
113:18
revised 55:22 62:11
62:16
revising 56:3
revision 57:16
revisions 60:25
61:16
right 7:23 8:21
27:18 30:13 32:9
34:9 46:7 49:6 50:9
50:9,12,23 51:7
54:6 58:20 64:4,8
65:20,23 69:4 75:8
75:14 76:6,13 89:17
92:2,15 93:5,11
94:12,22 95:2,11,14
95:22 96:11 102:24
103:6,13 107:16,24
112:10 115:12
rights 63:5 91:15
risk 70:15,19 71:5
71:12,18,22 87:20
88:23 89:10,10,14
89:15
road 7:20
role 23:24 25:3
room 13:25 48:2,3
48:12 49:4,18 50:9
55:11 62:13 70:8
84:21 85:5,9 97:11
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97:22,23 98:8,9,23
98:24 103:6 108:24
116:4,17
rooms 48:4
rounds 24:15
rules 2:18 7:23 8:14
8:16
runs 43:8,12 44:15
44:17,21
rws 1:7
ryan 3:20
s
s 11:10 41:9,9 44:16
57:13 118:9 120:6
safety 63:5 99:25
sawyer 1:15
saying 66:20 67:5
73:15 115:13
says 38:9 59:6,14
62:10,23 70:14
80:11 81:7,22 84:3
85:25 92:8 102:9,25
109:25 110:12
111:23 113:8
schlesinger 3:12
school 76:15
Schoolcraft 1:5 8:8
52:13 58:15 60:5
99:11 120:3
scope 15:12 24:25
64:16 78:15 82:15
89:5 90:16,20 94:3
111:7
scoppetta 4:3
scully 2:15 119:4,21
sealing 6:5
second 16:20 58:3
59:2 79:25 101:6,22
102:3,5 109:22
seconds 46:19
section 49:12 54:22
sections 53:22
security 44:18,21
45:2,8,13 46:20,23

46:25 49:8,11 51:22
51:24
see 16:18 42:24
48:11 55:24 59:2,4
59:9 60:16 63:6
65:2 69:22 70:25
71:6 80:9,23 81:8
81:25 83:10,17
85:16 91:25 92:20
92:23 93:3 107:14
107:22 113:5 114:8
114:9,13,15,16
115:22
seen 72:18 113:21
114:22
sees 14:23 15:2 70:6
109:6 113:25
seeth 11:10
seiff 4:3
self 100:7
send 44:7
sentence 64:18
separate 42:3
sergeant 1:16,18
series 42:17 55:23
60:17
serious 64:23 70:11
70:17,23
served 54:4
serves 31:22 32:3
service 21:7 44:11
59:25 60:2 84:14
services 18:13,15
19:4,7 22:19 40:17
41:1943:18 84:11
84:12
set 32:17 51:6 55:16
66:4,22 119:8,18
setting 13:15 20:25
21:3,4
shaffer 3:20
shantel 1:18
sheet 120:2
shield 1:15,16,19

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shorthand 2:15
show 37:10 91:7
showing 50:16
shown 95:23
shows 75:19
side 116:7
sign 90:6
signed 6:14,16
similar 27:4
single 37:21 39:7
sir 24:4 36:21 54:8
63:6 71:2 75:25
86:9 98:10
sister 59:19
situation 63:2
situations 63:14,15
six 41:12
skill 109:21
skills 109:25 110:13
111:14 113:3,7
slow 101:13
smith 3:3 7:2,16 8:2
8:6 15:14,18 16:4
18:18 23:2,8,16
24:2 25:22 30:11
32:19 34:12,18,23
35:4,12,20 36:2,8
37:8,25 39:9,16
46:11,17 47:13
48:19,22 52:23 53:5
53:15 54:6 58:24
60:13 61:18 62:2,21
64:13 66:12,17 67:7
68:5,12,22 69:3
72:20,23 73:11,15
73:25 74:16 75:15
75:23 76:9 78:13,18
79:9,18,21 80:21
81:15,20 82:13,20
84:24 85:3,25 90:17
90:21 92:6,15 93:3
94:10 95:14 96:9
103:25 104:9,17
105:9 106:7,18
117:2 118:5,16
516-608-2400

[social - think]

social 17:10,20,25
18:2,6,11,13,14,21
18:24 19:12,13,22
19:24 20:3,8,10,12
20:15,16,16,24 21:2
21:3,6,6,8,13,16
22:5,10,16,23 23:18
24:6,11 42:18 59:25
solely 104:23
somebody 68:10
75:18 92:14 94:24
112:12
somewhat 31:19
sorry 14:13 25:16
27:22 31:2,7 41:20
43:23 46:4 48:16,21
86:25 92:25 99:9
106:16 109:25
110:17 113:6
sort 95:18 99:6
space 12:25
speak 79:18
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specifically 37:15
109:24
speeches 34:15
spell 45:19 57:10
splitting 74:2
spoke 8:15
spoken 29:15
spots 50:3
square 7:21
staff 33:15 115:8
stall 35:23,25
stamp 53:21
stamped 106:9
staring 84:25
start 18:7
state 2:16 21:21
52:17 54:22 63:2
67:2,6 85:22 97:4
119:5
statement 62:7
63:16 69:17 84:20
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statements 63:9
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states 1:2 100:20
station 49:6
statistics 111:3
status 54:25 55:5
58:5,9 59:8,16
60:10 62:18,22
91:15 101:7
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steps 77:19
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stg 1:15
sticker 106:19
stipulated 6:3,9,13
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stop 34:23 35:17
stratton 46:2,3
street 2:6 3:8,13,19
4:11 5:5 7:7
strongly 72:16
structure 10:14,19
30:23 39:21 42:10
studied 63:10 65:5
studies 21:25 22:3
study 38:3
subcategories 70:13
subcategory 71:4
subject 23:10 30:20
32:11 33:24 35:7
36:4,15 38:4,7
39:18 84:21 85:4
subordinate 29:9
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120:22
substantial 70:14,19
71:5,12,18,22
success 4:19 110:18
suckle 3:12
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suggest 38:13 72:4
suggesting 16:7

suggestion 37:8
suicide 70:17
suitable 85:14,20
suite 3:5,13 4:18
superior 29:9
supervise 18:12
supervised 20:12
22:20
supervision 112:19
supervisor 24:8
110:10
supposed 93:17,19
94:4,25 114:9
sure 8:15 23:13
27:10 48:9 49:20
50:19 57:9 63:22
106:16 113:11
116:2
surgery 42:11 48:9
surrounding 27:8
112:20
swearing 7:8
sweet 74:6
sworn 6:16 7:13 9:3
117:10 119:8
120:22
system 47:18,20
50:24 51:15,22,24
52:8
systems 47:16
t
t 4:20 7:12 11:10
28:5 44:16 118:9
tactics 35:23,25
take 11:4 21:17 53:5
72:2 77:18 81:21
101:16
taken 2:14 32:24
46:14 53:12 61:23
104T4
takes 11:2
talk 34:7 37:18 74:4
talking 42:8 92:19
93:2 97:11,13 98:7

VERITEXT REPORTING COMPANY
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102:20 116:3
talks 84:18
tax 1:9,11,12,13,14
1:18
team 24:11 33:17
tell 9:3 16:1137:22
37:22,23 54:17
74:13 78:16 101:16
103:20
telling 32:13 35:4
74:22 81:17 82:19
82:21,22,24 88:6,11
ten 69:14 115:8
tender 68:15
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tenet 31:19
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69:11 103:4,10
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75:4
test 38:22
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73:20 88:22 94:13
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33:23 36:4,14,18,22
37:13 73:24 74:12
92:5 95:4 104:23,24
105:7
testimony 23:21,23
46:16 53:14 61:25
75:11,20 76:21 79:7
79:10 89:18 104:16
106:23 107:2 119:7
119:10
thank 62:21 110:21
117:2
theodore 1:13
theses 73:18
things 13:2 32:2
38:24 43:20 65:15
74:5 110:9 112:6
think 15:20 16:5,9
16:13 39:14 45:3,13
47:13 48:19 55:9
516-608-2400

[think - worked]

62:5 73:25 74:18,21
74:25 76:14 78:3,6
78:18 89:10 93:25
101:9,10 110:7
third 3:8 16:21 44:4
55:20
thought 61:2
thoughts 72:4 77:22
78:6
threats 70:16
three 25:13,17 26:6
27:24 28:2 29:21
30:3,14
thrope 28:5,6
thumb 93:6
time 2:14 6:12 18:23
23:15 35:21 46:7
49:13 51:13,16 57:4
83:12 90:24 97:8
101:4 109:6 117:4,6
times 26:2,3,6
timothy 1:17
title 19:19
titles 41:13
today 19:20 33:21
62:19 63:11 76:22
107:2
today's 25:9 30:8
told 27:17 96:3
tool 31:23
topics 39:15
track 109:5,9,15
113:21 114:10
tracks 114:12
trained 23:4
training 20:14 22:4
22:9,15,23 23:17
24:5,7,20 109:17
transcript 7:25
119:9
transitional 41:18
treated 63:23
treatment 64:21
69:20 70:2,3

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trial 6:12
true 1:20 2:2 56:19
119:9
trustees 40:2,21
truth 9:4
try 35:22 36:19
77:14
trying 23:8,17 25:21
41:19 107:19 114:4
turn 60:8 107:21
twenty 17:3
two 14:11,14 16:16
16:24 25:13 26:9
48:6,8 50:25 70:12
105:3
type 21:5
types 13:2,10______
u
u 41:8
uh 14:21 30:4 59:5
65:21 101:24
um 107:18,18 _
unable 71:20
undergo 60:24
underneath 40:5,9
40:13,15
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15:21 16:4 23:9
28:18 66:19,25
72:24 77:13 88:9
understanding
28:21 30:19 62:9,17
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unit 17:2 20:11
22:19 24:9 55:12
85:15,21 102:24
108:17,18 114:7,11
114:12,18 115:9,14
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16:24
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unnecessary 15:25
upper 91:25 93:5
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v
v 11:11,1156:12
120:3
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various 40:16 47:20
108:4,25
veritext 120:2
vice 9:22,23 10:20
12:16 19:15 40:13
40:15 41:10,15,16
41:17,25
videotape 7:4
videotaped 2:10
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vinod 56:12
violent 70:21
vivek 11:11,16 29:3
29:8,21 30:10 56:9
56:14,20
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volume 114:21
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115:20
vp 23:24,24_______
w
w 3:17 57:13
waived 6:8
walked 49:4
waiter 4:7
want 8:17 34:25
36:21 38:23 42:9
51:4 52:23 57:9
65:24 73:11 76:9
84:3,19
want's 62:6
wards 16:16 50:21
50:22,25 74:11 85:9
109:2

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Washington 3:9
waving 78:22
way 43:22,23 49:17
114:6 119:15
week 25:13,16
weeks 25:17 105:3
west 3:13
whereof 119:17
Whitehall 5:5
wide 65:14
wife 59:18
william 11:2541:6
willow 7:20
winthrop 17:23 20:4
20:7,12 24:8
withdraw 58:25
witness 2:11 7:9,12
14:14 16:11 23:6,7
25:20 30:13 36:3
37:11 38:4,15,20
39:8 48:15,20 64:14
71:15,19 72:19
73:16 74:21 75:10
75:17,24 78:19,24
79:7 81:8 87:8
93:23 95:6 102:2
105:5,6 106:8,17
116:14,22 118:3
119:7,11,17 120:5
witness's 38:16
words 31:25 69:14
69:15 82:23
work 10:6 17:10,20
17:25 18:2,6,11,13
18:14,22,24 19:12
19:13,22,24 20:3,8
20:10,13,15,16,16
20:18 21:2,3,6,6,8
22:5,10,16,23 23:18
24:6 28:9 31:11
33:16 42:18 68:9
108:4,23,25 114:20
115:11,16
worked 10:9 17:16
22:17 45:7
516-608-2400

[worker - zachary]

Page 16

worker 19:23 20:24
21:2,13,16
workers 24:11
working 18:7 51:6
works 28:14,17
32:16
write 93:18 94:25
writing 12:2433:2
written 81:16 83:8
83:14,19,21,24 84:7
wrong 45:5 76:7,13
x
x 2:5 38:24 118:2,9

_______ y________
y 7:12 38:25 42:2
44:25 45:23
yeah 20:4 84:12
year 12:12 13:22,23
17:4 51:13 61:10
84:13 112:19,24
114:15
yearly 31:14,16 32:6
years 112:8
york 1:3,8 2:7,7,17
3:5,5,14,14,18,19,19
4:6,6,12,12,19 5:6,6
7:21 17:17 21:21
52:17 54:22 63:2
97:4 119:6 120:2,4

-

z 12:9
zachary 3:17

212-267-6868

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516-608-2400