FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`NYSCEF DOC. NO. 122
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`INDEX NO. 20-46602
`INDEX NO. 20-46602
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`EXHIBIT D
`EXHIBIT D
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`NYSCEF DOC. NO. 122
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`INDEX NO. 20-46602
`INDEX NO. 20-46602
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`EXHIBIT D
`EXHIBIT D
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`
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`RECEIVED NYSCEF: 08/17/2023
`NYSCEF DOC. NO. 122
` RUTH ANN BANE
`
`INDEX NO. 20-46602
`
`STATE OF NEW YORK
`SUPREME COURT : COUNTY OF ORLEANS
`----------------------------------------------------
`
`AB 511 DOE,
`
`-vs-
`
`Plaintiff,
`
`LYNDONVILLE CENTRAL SCHOOL DISTRICT,
`LYNDONVILLE ELEMENTARY SCHOOL,
`Defendants.
`----------------------------------------------------
`
`AB 524 DOE,
`
`-vs-
`
`Plaintiff,
`
`LYNDONVILLE CENTRAL SCHOOL DISTRICT,
`LYNDONVILLE ELEMENTARY SCHOOL,
`Defendants.
`
`
`
`
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`2
`
`Examination Before Trial of
`RUTH ANN BANE, taken pursuant to Subpoena under Article 31
`of the Civil Practice Law and Rules, at the LYNDONVILLE
`CENTRAL SCHOOL DISTRICT, 25 Housel Avenue, Lyndonville, New
`York, taken on June 21, 2022, commencing at 1:45 P.M.,
`before VALERIE WHITE, Notary Public.
`
`Sue Ann Simonin Court Reporting
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`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
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`INDEX NO. 20-46602
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`RECEIVED NYSCEF: 08/17/2023
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`3
`
`INDEX TO WITNESSES
`
`Witness: RUTH ANN BANE Page
`Examination By:
`Ms. O'Neill 5
`Ms. Costanzo 16
`Ms. O'Neill 76
`Ms. Costanzo 82
`Ms. O'Neill 89
`Ms. Costanzo 90
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
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`4
`
`APPEARANCES:
`STEVE BOYD, P.C.,
`By LEAH A. COSTANZO, ESQ.,
`2969 Main Street,
`Suite 100,
`Buffalo, New York 14214,
`Appearing for the Plaintiff.
`WEBSTER SZANYI, LLP,
`By SHANNON B. O'NEILL,
`1400 Liberty Building,
`Buffalo, New York 14202,
`Appearing for the Defendant.
`
`(The following stipulations were entered
`into by both parties.)
`It is hereby stipulated by and between counsel
`for the respective parties that the oath of the
`Referee is waived, that filing and certification
`of the transcript are waived, and that all
`objections, except as to the form of the
`questions, are reserved until the time of trial.
`
` R U T H A N N B A N E,
`60 Lake Avenue, Lyndonville, New York 14098,
`after being duly called and sworn,
`testified as follows:
`
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
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`5
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`EXAMINATION BY MS. O'NEILL:
`
`Q.
`
`A.
`Q.
`A.
`Q.
`
`A.
`Q.
`
`A.
`
`Miss Bane, you've obviously been subpoenaed here
`to testify as a non-party. What I want to let
`you know ahead of time, as a non-party you have
`the opportunity to review the transcript that
`gets prepared with your responses to review for
`any typos or any grammar or any issues with it,
`so you have the opportunity to review and sign
`it, and I want to ask you if you would like that
`opportunity or you're more than welcome to waive
`it and it's what the court reporter is taking
`down right now?
`I'd like to look at it.
`How much time would you like to have, Miss Bane?
`I have no idea.
`Typically we usually do a time period between
`thirty to sixty days between the time the report
`is prepared.
`Okay.
`So would you like any of the time period between
`thirty and sixty days?
`That's okay.
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
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`6
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`Q.
`A.
`Q.
`
`Is thirty okay?
`That's fine.
`Okay, thirty days. Miss Bane, my name is Shannon
`O'Neill and I represent Lyndonville Central
`School District in two lawsuits that have been
`brought against the district by two former
`students. I'm here today to ask you some
`questions regarding the lawsuits and what, if
`any, information you might have. Before we get
`started, I would like to lay down a few ground
`rules. The first is that I ask that all your
`responses be verbal. While you may know what a
`head nod means or ah-huh or uh-uh means, it's
`difficult for the court reporter to take that
`information down. Next I ask that only one
`person speak at a time. While it's more than
`likely you're going to know where my question is
`going, I just ask that you let me finish that
`question before you answer, and likewise I will
`try to do the same in return with you answering.
`Again, it's just to make the court reporter's
`life a little easier. If at any point in time
`you need a break, that's fine, happy to take a
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`7
`
`break. I just ask if a question is pending, that
`you answer that question first. Finally, if you
`don't understand a question or you cannot hear
`me, please say so and I will either speak up or
`rephrase. Otherwise if you answer a question,
`I'll assume you heard it and understood it and
`answered it accordingly, okay?
`Okay.
`You indicated that you currently live at 60 Lake
`Avenue, is that correct?
`That's correct.
`Do you live alone?
`I live with my husband.
`How long have you lived at 60 Lake Avenue?
`Since 1978.
`And what's your highest level of education?
`Masters plus sixty.
`Where did you get that degree from?
`Brockport and Buff. State.
`What's your current occupation status?
`Retired.
`Where are you retired from?
`Lyndonville Central.
`
`A.
`Q.
`
`A.
`Q.
`A.
`Q.
`A.
`Q.
`A.
`Q.
`A.
`Q.
`A.
`Q.
`A.
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
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`INDEX NO. 20-46602
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`RECEIVED NYSCEF: 08/17/2023
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`8
`
`Q.
`A.
`
`Q.
`
`A.
`Q.
`A.
`Q.
`
`A.
`Q.
`
`A.
`Q.
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`A.
`Q.
`A.
`Q.
`
`What did you do at Lyndonville Central?
`I taught fifth and sixth grade for thirty-three
`years.
`And when you say Lyndonville Central, are you
`referring to Lyndonville Central School District?
`That is correct.
`When did you retire from Lyndonville?
`August 16, 2002.
`I apologize, my math is not that great, so when
`did you start working at Lyndonville Central
`School District?
`I think it was September '69.
`And when you started at Lyndonville -- strike
`that. If I refer to Lyndonville, I'm referring
`to the Lyndonville Central School District, okay?
`That is correct.
`When you started at Lyndonville in 1969, what
`position did you start working with?
`Fourth grade.
`How long did you work in fourth grade?
`One year.
`After working that one year in fourth grade,
`where did you go next?
`
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
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`INDEX NO. 20-46602
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`RECEIVED NYSCEF: 08/17/2023
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`9
`
`A.
`Q.
`A.
`Q.
`A.
`Q.
`
`A.
`Q.
`
`A.
`Q.
`
`Fifth grade.
`How long did you work fifth grade for?
`Up until probably most of my career.
`You indicated you also worked sixth grade.
`Sixth grade for two or three years.
`Am I correct in understanding that when you
`worked that two or three years in sixth grade,
`that may have been toward the end of your career?
`It was the end.
`Miss Bane, the two former students that have
`brought these lawsuits, they're using pseudonyms.
`There is a confidentiality order in place with
`respect to disclosing the names of the two
`students that have brought the lawsuits. With
`disclosing the names of these two students, I ask
`that it be kept confidential and that their names
`not be repeated outside of the presence of this
`current proceeding, do you understand that?
`I understand that fully.
`One of the students that's bringing a lawsuit is
`by the name of
`
`, and
`
` is
`claiming that you saw Houseman sexually abusing
`him and didn't report it. My question to you is,
`
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`AB 511 Doe
`
`AB 511 Doe
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
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`10
`
`did you ever see anything between Mr. Houseman
`and
`
` that made you believe that Mr.
`Houseman was sexually abusing him?
`MS. COSTANZO: Form.
`THE WITNESS: I don't even know what he is talking
`about. I have no idea, no.
`BY MS. O'NEILL:
`Q.
`And do you know a person obviously by the name of
`Mr. Houseman?
`I do.
`How do you know Mr. Houseman?
`He was a fifth grade teacher.
`And when was he a fifth grade teacher, to the
`best of your knowledge?
`A year or two after I started at Lyndonville.
`So approximately 1972?
`I'm not sure.
`And I should have said this at the beginning.
`Obviously, we only want what you recall. We
`don't want you to guess or speculate at all.
`I understand that fully.
`Miss Bane, would you agree that as a teacher, a
`student's safety is an important consideration?
`
`A.
`Q.
`A.
`Q.
`
`A.
`Q.
`A.
`Q.
`
`A.
`Q.
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`AB 511 Doe
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
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`RECEIVED NYSCEF: 08/17/2023
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`11
`
`A.
`Q.
`
`Q.
`
`A.
`
`That is always a consideration of a teacher.
`And a student's well-being is also an important
`consideration as well?
`MS. COSTANZO: Form.
`THE WITNESS: It is always that.
`BY MS. O'NEILL:
`Q.
`And as a teacher, if you saw a student being
`sexually abused, would you have taken some type
`of action?
`MS. COSTANZO: Form.
`THE WITNESS: I would.
`BY MS. O'NEILL:
`Q.
`And what type of action would that be?
`A.
`I would report it to the immediate supervisor,
`which would be my principal.
`In the time period of the 1980's, who was the
`principal?
`I don't know if it was Mr. Warner or Mr. Martino,
`I can't remember which.
`And had you ever reported a student being
`sexually abused by a teacher during your career?
`No.
`Is that because you never saw anything that
`
`Q.
`
`A.
`Q.
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
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`12
`
`indicated that a student was being sexually
`abused by a teacher?
`MS. COSTANZO: Form.
`THE WITNESS: That is correct.
`BY MS. O'NEILL:
`Q.
`Had you ever at any point in time or heard any
`rumors that specifically Mr. Houseman was
`sexually abusing a student?
`MS. COSTANZO: Form.
`THE WITNESS: Never heard anything.
`BY MS. O'NEILL:
`Q.
`At any point in time -- well, strike that. Did
`you learn that at a point in time, Mr.
`Houseman -- a criminal matter was brought against
`Mr. Houseman?
`I learned it in the faculty room after the fact,
`after the arrest.
`And this arrest that you're referring to, was
`that ball park 1990?
`MS. COSTANZO: Form.
`THE WITNESS: I can't remember.
`BY MS. O'NEILL:
`Q.
`So you indicated that you learned of an arrest in
`
`A.
`
`Q.
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
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`INDEX NO. 20-46602
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`13
`
`A.
`Q.
`A.
`Q.
`
`the faculty room of Mr. Houseman. My question to
`you is -- well, strike that. What specifically
`was told to you during that faculty meeting?
`I can't recall.
`Do you recall what Mr. Houseman was arrested for?
`I don't know the exact charges. I don't know.
`Are you aware generally that he was arrested for
`some type of sexual misconduct toward a student?
`MS. COSTANZO: Form.
`THE WITNESS: That's what I think was said, but I
`don't know for sure.
`BY MS. O'NEILL:
`Q.
`So when you learned that that may have been what
`was said, was that the first time you ever had
`been made aware that Mr. Houseman was accused of
`sexually abusing a student?
`MS. COSTANZO: Form.
`THE WITNESS: Yes.
`BY MS. O'NEILL:
`Q.
`At any point in time, had any parent ever
`approached you with any type of concerns that
`Terry Houseman was sexually abusing any student?
`No.
`
`A.
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
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`14
`
`Q.
`
`A.
`Q.
`
`At any point in time, did any student approach
`you with any concerns that Terry Houseman was
`sexually abusing any student?
`No.
`And at any point in time, did you see any type of
`conduct that made you believe Terry Houseman was
`sexually abusing any student?
`MS. COSTANZO: Form.
`THE WITNESS: I did not.
`BY MS. O'NEILL:
`Q.
`And at any point in time, did any teacher
`approach you with any concerns that Terry
`Houseman was sexually abusing any student?
`No.
`And if anyone had approached you with any type of
`concern about Terry Houseman sexually abusing a
`student, would you have reported it?
`Yes.
`And again, you didn't report anything because no
`one ever approached you, is that correct?
`MS. COSTANZO: Form.
`THE WITNESS: That is correct.
`BY MS. O'NEILL:
`
`A.
`Q.
`
`A.
`Q.
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
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`INDEX NO. 20-46602
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`15
`
`Q.
`
`A.
`Q.
`A.
`
`Q.
`
`At any point in time, did you ever hear Terry
`Houseman making any type of sexual remarks to any
`students?
`MS. COSTANZO: Form.
`THE WITNESS: No.
`BY MS. O'NEILL:
`Q.
`What was your reaction when you learned that
`Terry Houseman had been arrested?
`Shock.
`Why was it that you were shocked?
`Because we did not have any knowledge of anything
`that was going on.
`Who was -- strike that. I think you indicated
`that Russ Martino was the principal.
`Either Russ or Earl Warner.
`How would you describe Russ Martino as a
`principal?
`MS. COSTANZO: Form.
`THE WITNESS: He was a great principal.
`BY MS. O'NEILL:
`Q.
`As a teacher, were you able to approach Russ
`Martino with any concerns that you might have?
`Yes.
`
`A.
`Q.
`
`A.
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
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`16
`
`Q.
`
`A.
`Q.
`
`Who was the superintendent between the time
`period of 1980 to 1990, if you know?
`It was either Don Bow or Mr. Pucher.
`Sticking with Don Bow, as a teacher, were you
`able to approach Don Bow with any concerns you
`might have?
`MS. COSTANZO: Form.
`THE WITNESS: No.
`BY MS. O'NEILL:
`Q.
`I didn't hear you.
`A.
`No.
`Q.
`Why is that?
`A.
`Because he's not approachable.
`Q.
`What about Richard Pucher?
`A.
`You could approach him.
`MS. O'NEILL: I don't have any further questions.
`
`EXAMINATION BY MS. COSTANZO:
`
`Q.
`A.
`Q.
`
`Good afternoon, Miss Bane.
`Good afternoon.
`My name is Leah Costanzo, I represent the
`Plaintiffs in the actions that have been brought
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
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`17
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`A.
`Q.
`
`A.
`Q.
`
`A.
`Q.
`
`against the Lyndonville Central School District.
`Can you hear me okay?
`Yes, I can.
`Great, thank you. Ma'am, I think you were told
`earlier that you were subpoenaed here to testify
`as a non-party witness, do you understand that?
`Yes.
`And do you understand what a non-party witness
`is?
`No.
`Do you understand that you're not being
`represented by an attorney for the district?
`Yes.
`And you understand that Miss O'Neill and her law
`firm do not represent you?
`Yes.
`And are you aware that the subpoena that you were
`issued for testimony today was on behalf of the
`district?
`Yes.
`Do you know that today's testimony is being given
`on behalf of the district, your testimony?
`MS. O'NEILL: Form.
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`Q.
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
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`18
`
`A.
`Q.
`
`A.
`Q.
`A.
`Q.
`
`THE WITNESS: Yes.
`BY MS. COSTANZO:
`Q.
`Prior to coming to your deposition today, did you
`review any documents or paper before you came
`here?
`No.
`And aside from any scheduling discussions that
`you had with Miss O'Neill or her office, did you
`have any other discussions about your testimony
`today with Miss O'Neill or her office?
`No.
`Have you ever given a deposition before today?
`No.
`Back when there was a criminal matter involving
`Mr. Houseman, did you ever provide any statements
`to anyone?
`No.
`Did you ever speak to law enforcement about Mr.
`Houseman concerning the criminal investigation?
`No.
`Did you ever talk to any of the administrators of
`the school district surrounding the investigation
`of Mr. Houseman?
`
`A.
`Q.
`
`A.
`Q.
`
`Sue Ann Simonin Court Reporting
`
`1 2 3 4 5 6 7 8 9
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`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`19
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`Q.
`A.
`Q.
`
`A.
`
`Q.
`
`A.
`
`No.
`Did anyone ever come to you to ask you whether --
`strike that. Did Mr. Martino ever come to you to
`ask you if you had any information regarding Mr.
`Houseman or the allegations against him?
`No.
`And did Mr. Bow ever come to you to ask you if
`you had any information about Mr. Houseman or the
`allegations against him?
`No one.
`What about Mr. Pucher, same question?
`No.
`Did you have any conversations with anyone within
`the district around the time that the
`investigation and criminal proceeding into Mr.
`Houseman were proceeded?
`I don't understand what you mean by that
`question.
`Sure. Have you talked about Mr. Houseman and the
`convictions or the criminal investigation that
`was done following these allegations with anyone
`else at the district?
`No.
`
`1 2 3 4 5 6 7 8 9
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`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`20
`
`Q.
`
`Is it fair to say that aside from today, you've
`never given any statement about Mr. Houseman?
`MS. O'NEILL: Form.
`THE WITNESS: I have not.
`BY MS. COSTANZO:
`Q.
`You said that you're currently married. Who are
`you married to?
`Bradley L. Bane.
`How long have you and Bradley been married?
`Fifty-two years.
`And is Mr. Bane retired as well?
`Yes.
`What is he retired from?
`Teaching.
`Where did Mr. Bane work?
`Lockport School District.
`Did Mr. Bane ever work in the Lyndonville School
`District?
`He did not.
`Do you have any children?
`Yes.
`How many?
`Two.
`
`A.
`Q.
`A.
`Q.
`A.
`Q.
`A.
`Q.
`A.
`Q.
`
`A.
`Q.
`A.
`Q.
`A.
`
`1 2 3 4 5 6 7 8 9
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`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`21
`
`Q.
`A.
`
`Q.
`A.
`Q.
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`
`Q.
`A.
`
`Q.
`
`A.
`Q.
`
`What are their names and ages?
`Melissa Sue Wozniak, and we're estranged from my
`son.
`What's your son's name?
`Ryan Michael Bane.
`Did Ryan and Melissa attend the Lyndonville
`Central School District?
`Yes.
`Through what years did they attend the
`Lyndonville Central School District?
`They graduated in 1998 and 1999.
`Is it fair to say that your children never had
`Mr. Houseman as an actual teacher?
`In fifth grade they could have because we
`departmentalized.
`What does that mean?
`I taught science and math, or we did math. I
`can't remember totally.
`Do you remember what year the district
`departmentalized?
`We did it with my Masters degree in '87.
`Do you remember whether Melissa or Ryan ever had
`Mr. Houseman as a teacher?
`
`1 2 3 4 5 6 7 8 9
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`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`22
`
`A.
`Q.
`
`A.
`Q.
`A.
`Q.
`
`I do not.
`Did you ever have any discussions with Melissa or
`Ryan about Mr. Houseman once you heard the
`allegations against him?
`MS. O'NEILL: Form.
`THE WITNESS: No.
`BY MS. COSTANZO:
`Q.
`Did you ever attend the Lyndonville School
`District as a student?
`No.
`Where did you attend high school?
`Lake Shore -- Bay Shore High School, Long Island.
`I know you said you lived in Lyndonville since
`about 1978, but prior to that, did you live in
`New York City?
`No. I said I lived at my current residence since
`1978. I moved into Lyndonville in '67, '68.
`During the time that you worked for the district,
`did any of your family members work for the
`district?
`Yes.
`How many family members did you have that worked
`for the district?
`
`A.
`
`Q.
`
`A.
`Q.
`
`1 2 3 4 5 6 7 8 9
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`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`23
`
`A.
`
`Q.
`
`A.
`Q.
`
`A.
`
`Q.
`
`A.
`
`Q.
`
`A.
`Q.
`A.
`Q.
`
`My mother-in-law, Olive Bane; my sister-in-law,
`Patricia Bane, and my husband was on the Board of
`Education for ten years.
`So Bradley was on the Board of Education for
`Lyndonville for about ten years?
`Yes.
`Do you know what ten year period Mr. Bane was on
`the Board of Education?
`It was early in my career. It was pre-children,
`so --
`Can you sort of give me a time frame? I don't
`want to assume what you mean by early in your
`career.
`Before I had children. We did not have children
`until ten years into our marriage.
`Well, I don't think you provided me your
`children's ages, so how old is Melissa now?
`I think forty-two.
`How about Ryan, how old is he now?
`Forty.
`So is it fair to say that it was sometime in the
`early '80's that Mr. Bane stopped being a Board
`of Education member?
`
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`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`24
`
`A.
`Q.
`
`A.
`Q.
`
`Yes.
`Aside from your mother-in-law and sister-in-law
`and your husband, was anyone else in your family
`associated with the Lyndonville Central School
`District?
`Not to my knowledge.
`Do you and/or your husband ever engage socially
`with Mr. Martino?
`MS. O'NEILL: Form. Is there a time period in there?
`BY MS. COSTANZO:
`Q.
`Just in general.
`A.
`No.
`Q.
`So was there ever an occasion that you or your
`husband spent time with Mr. Martino outside of
`the school setting?
`Just general Lions Club things. General things
`in the community, but not socially as a group.
`Are you a member of the Lions Club?
`No.
`Is your husband a member?
`Past member.
`Earlier you discussed or mentioned that Mr. Bow
`was not approachable. Is it fair to say you've
`
`A.
`
`Q.
`A.
`Q.
`A.
`Q.
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`Sue Ann Simonin Court Reporting
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`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`25
`
`Q.
`
`A.
`Q.
`A.
`Q.
`
`A.
`Q.
`
`A.
`
`never had any interactions with Mr. Bow outside
`of the school setting?
`Never.
`What did you mean by the testimony that Mr. Bow
`was not approachable?
`We had a disagreement when I was trying to get
`pregnant and he would not give me time off for
`that, so we had a union problem.
`Do you know in what year, approximately, that
`was?
`I can't remember.
`Would it have been in the '80's?
`No. It would have been in the '70's.
`Any other interactions that you had with Mr. Bow
`during your time at the district other than that
`one encounter with the union?
`MS. O'NEILL: Form.
`THE WITNESS: Pardon me?
`BY MS. COSTANZO:
`Q.
`Aside from what we just discussed where you had
`to get the union involved regarding your
`interaction with Mr. Bow, any other interactions
`with Mr. Bow during your time at the district
`
`1 2 3 4 5 6 7 8 9
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`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`26
`
`A.
`Q.
`A.
`
`Q.
`
`A.
`Q.
`
`A.
`Q.
`
`that you can remember?
`MS. O'NEILL: Form.
`THE WITNESS: When we were in negotiations, I was on
`the negotiation team for the union.
`BY MS. COSTANZO:
`Q.
`How long were you on the negotiating team for the
`union?
`I can't remember.
`And do you recall what years it would have been?
`It was early in my career. I cannot remember the
`years.
`So I think you said that you started in the
`district in about 1969, is that right?
`That is correct.
`Do you know if that would have been the end of
`1969 or early 1970's or some other time frame?
`It would have been September '69.
`So when you first started at Lyndonville, you
`were on the negotiating team for the union, is
`that right?
`Not the first couple years. It was later on and
`I don't know when.
`Was is more or less than five years that you were
`
`A.
`
`Q.
`
`Sue Ann Simonin Court Reporting
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`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`27
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`
`Q.
`
`on the negotiating team for the union?
`I cannot recall.
`Did you serve on the negotiating team for the
`union at the same time that Mr. Houseman was a
`union president?
`MS. O'NEILL: Form.
`THE WITNESS: I didn't know he was president.
`BY MS. COSTANZO:
`Q.
`Well, okay. So was Mr. Houseman ever or did Mr.
`Houseman ever maintain an office or position with
`the union?
`Not that I recall.
`Aside from -- strike that. Was Mr. Houseman ever
`a member of the union, to your knowledge?
`At that time all teachers were members of the
`union.
`Do you know if he participated in any way with
`the union similar to the way you participated
`with the union?
`I do not know.
`You said that you taught mostly fifth grade for
`the entirety of your career, is that right?
`That is correct.
`
`A.
`Q.
`
`A.
`
`Sue Ann Simonin Court Reporting
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`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`28
`
`Q.
`
`A.
`Q.
`
`And while you were at the district, where is it
`that your classroom or classrooms were located?
`MS. O'NEILL: Form.
`THE WITNESS: My classroom was at the other school on
`the south side, west end second floor.
`BY MS. COSTANZO:
`Q.
`When you say the other school, is that the one
`that's across the street from where we are right
`now?
`The old high school, yes.
`I think I passed it on the way in. Is it the one
`that says Lyndonville at the top and there's an
`eagle at the top?
`Yes.
`When you say that your classroom was on the south
`side, west end, is that the back or the front?
`I was in the back corner on the south side of the
`building on the second floor.
`Okay.
`That would be the old science room.
`So if I'm looking at the school, the building
`that you were in from the street, were you in the
`back left corner?
`
`A.
`Q.
`
`A.
`
`Q.
`A.
`Q.
`
`1 2 3 4 5 6 7 8 9
`
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`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`29
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`Q.
`
`Yes.
`And do you know how many classrooms were in that
`building?
`I think about thirteen, but I don't know.
`Other than classrooms, was anything else housed
`in that school?
`Just an art room and music room and a gym.
`Were those rooms actively used as art, music and
`gym?
`Correct.
`The art room, music room and gymnasium in the
`other building across the street, was that only
`used by certain class grades or was it used by
`the whole school?
`Whole school that was in that building.
`The building across the street, did it hold
`certain grade levels or did it hold the whole
`school at one point?
`Certain grade levels.
`What grade levels were in that building, the one
`that you were in?
`Third, fourth, fifth and sixth.
`And at the time you were in that building, for
`
`1 2 3 4 5 6 7 8 9
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`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`30
`
`the majority of time you were there, you were
`teaching fifth grade, is that right?
`That is correct.
`The art room, music room and gymnasium, were they
`on the first level or the second level?
`Art room was on both the first level and second
`level, it moved. The gymnasium was in the
`auditorium and the music room was down at the
`bottom of the back stairs in the back of the
`building.
`Aside from first and second floor, is there any
`other floors in that building across the street?
`No.
`And aside from the art room, what else was on the
`first floor of that building?
`Classrooms and the principal's office.
`What specific grade level classrooms were on the
`first floor, if you know?
`They were fourth and third.
`What was on the second floor during the time that
`you were in that building?
`Fifth and sixth.
`Do you know how many fifth grade classrooms there
`
`A.
`Q.
`
`A.
`
`Q.
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`Q.
`
`1 2 3 4 5 6 7 8 9
`
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`
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`31
`
`were during the time that you worked in the fifth
`grade at the district?
`Anywhere from three to four.
`How about sixth grade, do you know how many
`classes or classrooms there were for sixth grade
`during the time you worked for the district?
`Three to four.
`Do you know if that would depend on the number of
`students that were there for a particular year?
`Depended on the number of students.
`And can you describe for me where it was that Mr.
`Houseman's classroom was in relationship to where
`your classroom was during the time he worked for
`the district?
`My recollection is down the other end of the
`hall.
`Do you know how many classrooms are between yours
`and Mr. Houseman's during the time he was with
`the district?
`One or two and the teachers' room.
`What is the teachers' room?
`That's a faculty room where you would go to when
`you had a break.
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`
`Q.
`
`A.
`Q.
`A.
`
`1 2 3 4 5 6 7 8 9
`
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`
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`32
`
`Q.
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`
`Q.
`
`A.
`
`Did you have to pass Mr. Houseman's classroom to
`get to the faculty room?
`No.
`So you could get to the faculty room directly
`from your room without going past Mr. Houseman's
`room?
`That is correct.
`During the time Mr. Houseman was teaching in the
`same building as you on that second floor, did
`you ever have an occasion where you went to his
`classroom for any reason?
`I don't know. I can't recall.
`Aside from interacting with Mr. Houseman in the
`teachers' room or in the hallway, did you ever
`have any interactions with Mr. Houseman that you
`can specifically remember in either your
`classroom or his classroom?
`My classroom, we showed movies to the two
`classes.
`How many occasions was it that you and Mr.
`Houseman would join classrooms and show the
`children a movie?
`I have no idea.
`
`1 2 3 4 5 6 7 8 9
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`
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 122
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`33
`
`Q.
`
`A.
`
`Q.
`
`Was it for a specific event or day of fun or
`something like that, or what was the circumstance
`where you would be showing the children a movie?
`We ordered movies from BOCES that related to
`topics you were teaching and then we showed them.
`Do you know what the movies were regarding, what
`topic?
`No.
`Aside from when you and Mr. Houseman would join
`classes, did you have any other interactions with
`Mr. Houseman during school hours when he worked
`for the school distr
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