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`EXHIBIT E
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
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`NYSCEF DOC. NO. 123
` ANTHONY FIGURILLI
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`INDEX NO. 20-46602
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`STATE OF NEW YORK
`SUPREME COURT : COUNTY OF ORLEANS
`----------------------------------------------------
`
`AB 511 DOE,
`
`Plaintiff,
`
`-vs-
`LYNDONVILLE CENTRAL SCHOOL DISTRICT,
`LYNDONVILLE ELEMENTARY SCHOOL,
`Defendants.
`----------------------------------------------------
`
`AB 524 DOE,
`
`Plaintiff,
`
`-vs-
`LYNDONVILLE CENTRAL SCHOOL DISTRICT,
`LYNDONVILLE ELEMENTARY SCHOOL,
`Defendants.
`
`----------------------------------------------------
`
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
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`2
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`Remote Examination Before
`Trial of ANTHONY FIGURILLI, 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 July 1, 2022, commencing at
`12:12 P.M., before LESLIE E. PINZONE, Notary Public.
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`INDEX TO WITNESSES
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`Witness: ANTHONY FIGURILLI
`Examination By:
`Ms. O'Neill
`Ms. Costanzo
`Ms. O'Neill
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`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 signing, 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.
`
`THE REPORTER: Do all parties involved agree to this
`deposition being conducted by remote video and to
`the witness being sworn in remotely?
`MS. O'NEILL: Yes.
`MS. COSTANZO: Yes.
`ANTHONY FIGURILLI: Yes.
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` A N T H O N Y F I G U R I L L I,
`2 Kingsdale Court, Simpsonville, South Carolina 29680,
`after being duly called and sworn,
`testified via videoconference as follows:
`
`EXAMINATION BY MS. O'NEILL:
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`Q.
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`Good afternoon, Tony. How are you?
`I'm fine, and yourself?
`I'm good, thank you.
`Good.
`My name is Shannon O'Neill and I represent
`Lyndonville Central School District in two
`lawsuits brought by Plaintiffs. Can you hear me
`okay?
`Yes.
`Okay. The Plaintiffs' attorney is sitting behind
`me to the right. So before we get started today,
`I'm going to just lay a few ground rules. Okay?
`Yes. Go ahead.
`Okay. The first is that I ask that only one
`person speak at a time. While you may know what
`a head nod is or um-hum or uh-uh means, it's
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`difficult for the court reporter to take that
`down. So I just ask that all of your responses
`be verbal. Okay?
`Okay. We can do that.
`I also ask that you let me finish my question
`before you answer. Again, it's just to make sure
`that the court reporter can take down all the
`information.
`All right.
`If you do not hear me at any point in time,
`please let me know so that I can speak up or we
`can adjust the volume. Okay?
`All right.
`And then finally, if you do not understand a
`question, please say so and I will attempt to
`rephrase. Otherwise, if you answer the question,
`I will assume that you understood it and you
`answered it accordingly. Okay?
`Okay.
`So you indicated that you lived at 2 Kingsdale
`Court in -- I think it was South Carolina?
`That's correct.
`Prior to living in South Carolina, where did you
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`A.
`Q.
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`live?
`We lived in Medina, New York.
`Okay. How long did you live in Medina, New York?
`Probably for about thirty-three, thirty-four
`years.
`Okay. And before living in Medina, did you live
`anywhere else?
`Yes. I'm originally from Niagara Falls, New
`York.
`Okay. And I should have said this at the
`beginning. We don't want you to guess or
`speculate at all. So if you're not sure, just
`let us know, but we don't want you to guess or
`speculate.
`Okay.
`When you indicated that you lived in Medina for
`thirty-four, thirty-three years, do you recall
`the year that you first started living in Medina?
`Probably in 1974.
`Okay. And how was it that you came to live in
`Medina, New York?
`Well, my wife and I were getting married and I
`was hired by the Lyndonville School District. My
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`wife was from Medina, New York, which was close
`to Lyndonville. And when I got the job in Medina
`-- or, Lyndonville, excuse me. We decided to
`purchase a house in Medina and that's where we
`moved in after our wedding.
`When were you first hired by Lyndonville School
`District?
`1974, I believe was my hire date.
`Okay. What position were you hired for?
`I was hired as a fifth grade teacher.
`How long did you work at Lyndonville School
`District?
`Thirty-two years.
`Okay. And during those thirty-two years, were
`you always a fifth grade teacher or did you work
`any other positions?
`Oh, no. I moved around a lot.
`Okay.
`For the first three years I taught fifth grade,
`and then I moved to third grade and I taught that
`for about seven years. And then finally I moved
`to the middle school as a sixth school teacher
`and I finished my career in the middle school.
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`Q.
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`When did you first go to the middle school?
`That I don't remember.
`Okay.
`I'm sorry.
`So when you started working as a fifth grade
`teacher, what school was your classroom located
`in?
`It was in the elementary building on Main Street
`there.
`And then when you were working as a third grade
`teacher, where was your classroom located in?
`They used to call that the primary wing. It was
`the building that was attached to the high
`school.
`And then the sixth grade, was that back at the
`Main Street location?
`No. No. It was in a different -- it was -- I
`had a room that was considered to be a high
`school room originally. It was made into the
`middle school there.
`Okay. So where is the middle school located, to
`your recollection?
`Well, the middle school was -- the original high
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`school building, the rooms in the high school
`building, the only grades that were there for the
`middle school were sixth grade. So there
`probably were three rooms set aside for the sixth
`grade classes. They were originally high school
`rooms.
`And I'm sorry. What street was the middle school
`located at?
`Housel Avenue.
`What was that?
`Housel, H-O-U-S-E-L, Avenue.
`How did you come to be a teacher at Lyndonville?
`Well, at the time, I had been teaching in Niagara
`Falls, New York and -- temporarily, it wasn't a
`full-time job. And I needed full-time work,
`because I was going to get married. And my wife
`was teaching full-time in Medina at the time, so
`I sent in applications to all schools in the
`area. And I was called in to Lyndonville, went
`for the interview and then was hired there.
`Okay. And am I correct in understanding that you
`had to complete an application before being hired
`by Lyndonville?
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`A.
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`Q.
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`A.
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`A.
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`Yes, I did. An application, submit a resumé, you
`know, with all the pertinent information. I
`don't recall specifically. I remember having to
`write a number of things on that application, but
`I can't recall, you know, what it was.
`Okay. And then you had to go for an interview,
`is that correct?
`Yes.
`Who interviewed you?
`Earl Warner.
`What's your highest level of education?
`I have a Master's degree.
`Where did you obtain the Master's degree from?
`Niagara University.
`And what's your Master's degree in?
`It's in a Master's of Science and Education.
`And to become a teacher, did you have to do
`anything to become certified at all?
`Well, I went through the normal process. I had
`to go through student teaching, which I did, and
`then I had to complete -- I went to Brockport
`State College for my Bachelor's degree. And as
`part of that program, you had to do a student
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`teacher -- it was a requirement you had to do so
`many hours student teaching in a classroom, and I
`did do that successfully. And then you were able
`to be certified, you received your license, a
`temporary license. You didn't get a permanent
`license until you taught for a while.
`Okay. And the license is through New York State?
`Yes.
`Okay. What were your responsibilities as a
`teacher at Lyndonville Central School District?
`Well, the first year I taught there, I taught
`with three other individuals. I taught with Ruth
`Bane, Terry Houseman and Laura Close and myself.
`We were responsible for the fifth grade students.
`From what I can recall, our classrooms were
`self-contained to begin with, but then I think
`after a while we sort of changed students within
`that confine of the fifth grade classes.
`You mentioned Terry Houseman?
`Yes.
`Was Terry Houseman a teacher at Lyndonville
`Central School District?
`Yes, he was.
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`Q.
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`A.
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`Q.
`A.
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`And he was a fifth grade teacher, you indicated?
`Yes, he was.
`Okay. How often would you interact with Terry
`Houseman, let's use the time period of from when
`you first started working until about 1990?
`When I taught fifth grade with him, I saw him on
`a daily basis.
`Okay.
`Not necessarily within his classroom. At lunch.
`We had similar lunch times, so I would see him in
`the teacher's room at lunch, and then sometimes
`if I had to exchange information in regard to the
`students I was working with, that might occur in
`the morning before class started or sometimes
`after school.
`How would you describe Terry Houseman as a
`teacher?
`MS. COSTANZO: Form.
`THE WITNESS: As a teacher?
`BY MS. O'NEILL:
`Q.
`Yes.
`A.
`He struck me as being competent. As I said, I
`wasn't in the classroom, sitting in his classroom
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`14
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`on a daily basis. But I think he had a very
`easy, easy teaching style with his students. I
`don't think anybody felt intimidated in that
`classroom. They felt comfortable working with
`him.
`And how would you describe yourself as a teacher?
`Q.
`Well --
`A.
`MS. COSTANZO: Form.
`THE WITNESS: At first, I considered myself to be
`strict. I had high expectations of my students.
`I certainly respected them and I expected that
`respect in return. And it worked out very, very
`well. But as my teaching career -- as I matured
`as a teacher, I understood that students were
`different sometimes and they had some difficult
`situations at home, so I tended to be a little
`bit more lenient with those students, you know,
`especially with things like completing their
`homework. If a student wasn't struggling with a
`home situation, they may be more able to complete
`their homework on time. So I took all those
`things into consideration and I think that all
`developed from teaching.
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`A.
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`Q.
`A.
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`Q.
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`BY MS. O'NEILL:
`Q.
`And when you indicated that there might be
`students that might have some troubles at home,
`how would it be, generally, that you would come
`to know of that information?
`Well, students were very open, you know, they
`were open books. They would tell you well, mom
`and dad were up late last night fighting, I
`didn't get much sleep. Or I had a hard time, you
`know, doing my homework because there was just so
`much noise in the house. Things like that.
`Okay.
`They definitely volunteered the information, you
`know.
`So would you make yourself available to students
`if they needed you?
`Say that again?
`Did you make yourself available to students if
`they needed you?
`Yes. They knew that they could come to me
`without fear or intimidation and I told them
`that. If you're struggling with something, come
`to me and I'll help you work your way through
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`A.
`Q.
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`A.
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`16
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`Q.
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`A.
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`that. And I had a pretty good rapport with my
`students, you know. I enjoyed what I was doing
`and I hope that showed through my teaching, my
`interaction with the kids in my class.
`And what about with parents, would you make
`yourself available to parents?
`Oh, most definitely. If there were ever any
`issues, I didn't hesitate to reach out and call
`parents. Or if they had a concern, they would
`call me, I would meet them after school and we
`had conferences periodically, so I would keep
`them informed of what was going on.
`So is it fair to say that you took your job
`seriously?
`MS. COSTANZO: Form.
`THE WITNESS: Pardon me?
`BY MS. O'NEILL:
`Q.
`Is it fair to say that you took your job
`seriously as a teacher?
`MS. COSTANZO: Form.
`THE WITNESS: Very much so, yes.
`BY MS. O'NEILL:
`Q.
`Now, you indicated -- we talked a little bit
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`Q.
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`about Terry Houseman. Was there ever a point
`that Terry Houseman stopped working at
`Lyndonville Central School District?
`When he stopped working?
`Was there ever a point in time when Terry
`Houseman stopped working at the Lyndonville
`Central School District?
`Yeah. When he was brought up on those charges.
`And can you tell me how you first became aware of
`the charges you just referenced?
`Yes. We were called into the library, the school
`library, one morning before school, which was not
`highly unusual, because we did have staff
`meetings in that building periodically. But this
`wasn't a scheduled meeting. And we were told to
`report to the library at a certain time, and at
`that time we were made aware of the charges that
`were being brought against him.
`Who called the meeting, if you know?
`My principal at the time, Russ Martino, called
`the meeting.
`And if you recall, what was it that Russ Martino
`said at the meeting?
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`18
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`A.
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`Q.
`A.
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`Q.
`A.
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`Well, he told us that Terry was being
`investigated for charges of, I guess, child abuse
`or the word child molestation. Those were the
`terms. I don't remember the exact terms.
`Something to that effect, yes.
`What was your reaction when you heard this?
`Shocked. Totally, totally shocked. Very sad,
`very sad.
`Why was it that you were shocked and sad?
`Well, it was something that was totally
`unexpected. Here's someone that I had worked
`with and I thought I knew this person and I was
`very sad for the student that was involved. You
`think of a school as being a safe haven, a place
`where kids can come and be safe. But it was very
`upsetting, very upsetting.
`Was this the first time you had ever heard about
`Terry Houseman being accused of sexual abuse or
`molestation?
`Yes.
`Had you ever suspected Houseman was sexually
`abusing any student?
`MS. COSTANZO: Form.
`
`Q.
`
`A.
`Q.
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 123
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`19
`
`THE WITNESS: No. Never.
`BY MS. O'NEILL:
`Q.
`What was that?
`A.
`No. Never.
`Q.
`Did you at any point prior to this meeting have
`any reason to suspect that Terry Houseman was a
`threat to any students?
`MS. COSTANZO: Form.
`THE WITNESS: No, I did not.
`BY MS. O'NEILL:
`Q.
`Did anyone ever approach you with any concerns
`that Terry Houseman was sexually abusing any
`student?
`No, they did not.
`Did you ever hear any rumors that Terry Houseman
`was sexually abusing any student?
`No.
`Did you ever see Terry Houseman touching a
`student in a way that you would believe was
`sexual?
`MS. COSTANZO: Form.
`THE WITNESS: No, I did not.
`BY MS. O'NEILL:
`
`A.
`Q.
`
`A.
`Q.
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`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. 123
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`20
`
`Q.
`
`A.
`Q.
`
`Did you ever see Terry Houseman touch any student
`in their private parts?
`No, I did not.
`Did you ever see any student touch Terry Houseman
`in his private parts?
`No, I did not.
`Did you ever hear Terry Houseman say anything
`that you believed was sexual in nature to any
`student?
`MS. COSTANZO: Form.
`THE WITNESS: No, I did not.
`BY MS. O'NEILL:
`Q.
`Did you ever see Terry Houseman make any type of
`gesture that was sexual in nature to any student?
`MS. COSTANZO: Form.
`THE WITNESS: No.
`BY MS. O'NEILL:
`Q.
`And if you had seen or heard any of what I had
`just described, what would you have done?
`Well, I would have gone to my principal, Russ
`Martino, and report what I had heard or what I
`had saw. We are required by law to report any
`kind of abuse, you know. That was a given. You
`
`A.
`Q.
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`A.
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 123
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`21
`
`Q.
`
`knew that. So if that did occur, I would have
`gone to Russ and said, you know, this is what I
`saw and it concerns me, or this is what I heard.
`And did any student ever approach you and tell
`you that Terry Houseman was touching them
`inappropriately?
`MS. COSTANZO: Form.
`THE WITNESS: No, they did not.
`BY MS. O'NEILL:
`Q.
`Did any parent ever approach you with any
`concerns that Terry Houseman was touching any
`student inappropriately?
`MS. COSTANZO: Form.
`THE WITNESS: No.
`BY MS. O'NEILL:
`Q.
`And did any student ever approach you with any
`concerns that Terry Houseman was touching them
`sexually?
`MS. COSTANZO: Form.
`THE WITNESS: No.
`BY MS. O'NEILL:
`Q.
`And did any parent ever approach you with any
`concerns that Terry Houseman was touching any
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 123
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`22
`
`A.
`Q.
`
`A.
`
`A.
`Q.
`
`A.
`Q.
`
`A.
`
`student sexually?
`No.
`And again, if anyone had come to you with those
`types of concerns, what would you have done?
`As I said, I would have gone to my administrator,
`Mr. Martino, and I would have reported what was
`asked of me or told to me.
`(Interruption in the remote deposition.)
`BY MS. O'NEILL:
`Q.
`At any point in time, did you ever see a student
`put their hands into Terry Houseman's pants?
`No, I did not.
`And at any point in time, did you ever see Terry
`Houseman put his hand into a student's pants?
`No, I did not.
`And again, if you had seen either one of what I
`just described, what would you have done?
`I would have gone to my supervisor, which was
`Mr. Martino at the time, and I would have
`reported it.
`Mr. Figurilli, as you're aware, two people have
`brought lawsuits against Lyndonville Central
`School District. They are using pseudonyms to
`
`Q.
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 123
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`23
`
`protect their identities. What I'm going to do
`is, I'm going to disclose the names of these two
`individuals to you, but in doing so, I ask that
`you keep those names confidential and they are
`only to be used today during this questioning.
`Okay?
`Certainly.
`A.
`MS. O'NEILL: Leah, did you want to add anything?
`MS. COSTANZO: No.
`MS. O'NEILL: Okay.
`BY MS. O'NEILL:
`Q.
`Mr. Figurilli, do you know anyone by the name of
`
`?
` in my classroom.
`Yes. I had
`When did you have -- well, strike that. What
`grade did you have
` in your class?
`I believe fifth grade. I'm not quite sure,
`because I taught sixth grade -- yeah, it would
`definitely be fifth grade.
`
`
`Okay. At any point in time, did
`ever come to you with any concerns about Terry
`Houseman?
`No.
`
`A.
`Q.
`
`A.
`
`Q.
`
`A.
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`AB 511 Doe
`
`AB 511 Doe
`
`AB 511 Doe
`
`AB 511 Doe
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 123
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`24
`
`Q.
`
`At any point in time, did you ever see Terry
`Houseman touch
`
` in a way that you
`believed was sexual?
`MS. COSTANZO: Form.
`THE WITNESS: No, I did not.
`BY MS. O'NEILL:
`Q.
`Did you ever see Terry Houseman touch
` at all?
`
`
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`A.
`Q.
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`A.
`Q.
`A.
`Q.
`A.
`Q.
`A.
`Q.
`
`A.
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`
`
` touch Terry
`
`No.
`Did you ever see
`Houseman?
`No.
`Do you know anyone by the name of
`Say that again?
`Do you know anyone by the name of
`Could you spell the last name.
`.
`No. I don't remember him.
`Okay. In the time period of 1980 to 1990, who
`was the principal or who were the principals at
`Lyndonville Central School District?
`1980 to 1990? I would have to say Earl Warner is
`what I would call the principal at the time.
`
`
`
`
`
`?
`
`?
`
`Sue Ann Simonin Court Reporting
`
`AB 511 Doe
`
`AB 511 Doe
`
`AB 511 Doe
`
`AB 524 Doe
`
`AB 524 Doe
`
`AB 524 Doe
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 123
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`25
`
`Q.
`
`A.
`Q.
`
`Okay. You also indicated that Russ Martino, I
`think, was a principal at some point as well?
`Yes.
`Okay. How would you describe Earl Warner as a
`principal?
`MS. COSTANZO: Form.
`THE WITNESS: He was very old school, so to speak.
`BY MS. O'NEILL:
`Q.
`Okay.
`A.
`Because he had taught in the classroom and then
`became a principal and I thought he had high
`expectations of the students.
`As a teacher, were you able to approach him if
`you had any concerns?
`Oh, yes. Yeah, definitely.
`Would students be able to approach Earl Warner if
`they had any concerns?
`MS. COSTANZO: Form.
`THE WITNESS: I believe so, yes.
`BY MS. O'NEILL:
`Q.
`And Russ Martino, how would you describe Russ
`Martino as a principal?
`MS. COSTANZO: Form.
`
`Q.
`
`A.
`Q.
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 123
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`26
`
`THE WITNESS: Very competent. Very competent, very
`understanding, very open. If we ever had any
`concerns, you could easily go in and sit down
`with him. And Russ was also a friend as well.
`BY MS. O'NEILL:
`Q.
`So as a teacher, were you able to approach Russ
`Martino if you had any concerns?
`MS. COSTANZO: Form.
`THE WITNESS: Yes. As I said, we were friends, so it
`was very easy for me to go into his office and
`sit down and speak very frankly with him.
`BY MS. O'NEILL:
`Q.
`To your knowledge, did Russ Martino make himself
`available to students?
`Oh, yes. Definitely. You know, he had like an
`open-door policy. If kids had any concerns, he
`would certainly listen to them, he was highly
`visible throughout the school. He was the type
`of administrator who didn't spend a lot of time
`in his office. He moved about doing things. He
`was very visible. And I was very impressed with
`that. You know, I thought Mr. Warner was a very
`competent administrator, but as I said, he tended
`
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 123
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`27
`
`Q.
`
`A.
`Q.
`
`to be a little bit more old school. And by that
`term, I mean he spent time in his office, you
`know, and maybe wasn't as visible as Russ was.
`And using again, 1980 to 1990, do you recall who
`the superintendent of Lyndonville was at that
`time?
`Don Bow, I believe. Yes.
`How would you describe Don Bow as the
`superintendent?
`MS. COSTANZO: Form.
`THE WITNESS: Well, I had a number of dealings with
`Mr. Bow. The only time I saw him was if I had to
`go in for an annual observation or he came into
`my classroom to observe my teaching. Those were
`the only times that I really saw him. As far as
`the superintendent, he struck me as being very
`competent, I thought he was very fair-minded,
`competent.
`BY MS. O'NEILL:
`Q.
`And you mentioned about an evaluation. So am I
`correct in understanding as a teacher in
`Lyndonville, would you have to be evaluated?
`Oh, yes. Especially earlier in your career. The
`
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 123
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`28
`
`Q.
`
`A.
`Q.
`
`A.
`
`administrators were required to do so many
`observations a year. And then once you received
`tenure, it was like an annual observation. So
`yeah, they were in your classroom at least for
`that period of time, once a year once you had
`acquired tenure.
`And you had also mentioned at one point, when
`talking about that meeting that Russ convened
`about Terry Houseman, you had mentioned something
`about staff meetings. So my question to you is,
`putting aside the meeting with respect to Terry
`Houseman, would there be staff meetings that you
`would have to attend as a teacher?
`Oh, yes.
`And how often would you have to attend staff
`meetings?
`The meetings were usually held in the morning.
`Maybe, depending on what was going on at the
`school at the time, once a month, maybe,
`sometimes less. But generally, he would touch
`base in a staff meeting probably at least once a
`month. But there was a lot of communication
`prior to that. If you needed to be informed of
`
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 123
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`29
`
`Q.
`
`something, you would receive a memo in your
`mailbox. So you were always kept abreast as to
`what was going on.
`And can you just describe, in general, to the
`best of your recollection, what would sometimes
`be discussed during these staff meetings?
`MS. COSTANZO: Form.
`THE WITNESS: That would depend. Procedures that you
`needed to follow, it could be something as simple
`as we used to have to keep an attendance register
`of students. Maybe a reminder to be doing that
`and to get your reports in on time. Just general
`things, in general, I would say.
`BY MS. O'NEILL:
`Q.
`How many teachers worked at Lyndonville School
`District in 1980 to 1990?
`I wouldn't -- I don't know. I wouldn't have an
`answer, because we were all in different
`buildings. We weren't contained in one facility.
`If you're talking about the elementary building,
`there probably were maybe twelve or thirteen
`teachers that taught in that building, depending
`on student enrollment. As far as the primary
`
`A.
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 123
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`30
`
`A.
`Q.
`
`A.
`Q.
`A.
`
`Q.
`
`wing, that was a different set of teachers there.
`Then you had the high school. I couldn't give
`you a specific number for high school alone.
`That's okay. So you indicated in the elementary
`building there may have been around twelve
`teachers or so, is that correct?
`Yes. Yeah.
`How would you get along with the other teachers
`at the elementary school building?
`In the elementary building?
`Yes.
`We were very close, very close-knit group. I had
`a lot of friends there, people that I considered
`to be professional colleagues and friends as
`well. And we would often socialize on the
`weekends. It was a close-knit staff.
`MS. O'NEILL: I don't have any further questions.
`
`EXAMINATION BY MS. COSTANZO:
`
`Q.
`
`A.
`
`Good afternoon, Mr. Figurilli. Can you hear me
`okay?
`Yes, I can.
`
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`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 123
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`31
`
`Q.
`
`A.
`Q.
`A.
`
`Q.
`
`A.
`Q.
`
`A.
`
`Great. My name is Leah Costanzo, I represent the
`two Plaintiffs in the actions that have been
`brought against the district. Do you know
`anything about the two claims that are currently
`pending against the district that you're here to
`testify in today?
`Do I know anything about the claims?
`Yes.
`No. This is the first I became aware of these
`individuals and about these allegations. Up
`until this point, I didn't know who they were.
`Okay. Before coming here today, did you review
`any documents to prepare for your testimony?
`No, I didn't. No.
`Aside from talking with Ms. O'Neill's office
`about scheduling today, did you have any other
`conversations with Ms. O'Neill or her office
`about your testimony today?
`No. She assisted me in, which I thank her for,
`walking me through the Zoom procedure. I have
`never done that before and she was very helpful
`in that regard, but we didn't discuss anything
`else, no.
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`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO
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