FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`INDEX NO. 20-46602
`RECEIVED NYSCEF: 08/17/2023
`RECEIVED NYSCEF: 08/17/2023
`
`
`
`
`
`
`
`
`
`
`EXHIBIT H
`EXHIBIT H
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`INDEX NO. 20-46602
`RECEIVED NYSCEF: 08/17/2023
`RECEIVED NYSCEF: 08/17/2023
`
`
`
`
`
`
`
`
`
`
`EXHIBIT H
`EXHIBIT H
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1•2• • • • • •SUPREME COURT OF THE STATE OF NEW YORK• • • • • • • • • • • • County of Orleans•3• •- - - - - - - - - - - - - - - - - - - - - - - - -• • •AB 511 DOE,•4• • • • • • • •Plaintiff,•5• • • • • • • • • • • • • • Index No. 20-46602•6• •v.•7• •LYNDONVILLE CENTRAL SCHOOL DISTRICT;• • •LYNDONVILLE ELEMENTARY SCHOOL,•8• • • • • • • •Defendants.•9• •- - - - - - - - - - - - - - - - - - - - - - - - -10• • •Deposition Upon Oral Examination of:11• • • • • • • • • • Patrick Whipple1213• •Location:• • • Hoag Library• • • • • • • • • • 134 South Main Street14• • • • • • • • • Albion, New York 144111516• •Date:• • • • • July 5, 20231718• •Time:• • • • • 10:00 a.m.19202122• •Reported By:• •CHRISTINE VIGNA23• • • • • • • • • Alliance Court Reporting, Inc.24• • • • • • • • • 109 South Union Street, Suite 40025• • • • • • • • • Rochester, New York 14607
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1•2• • • • • • • • • • A P P E A R A N C E S•3• •Appearing on Behalf of Plaintiff:•4• •Leah Costanzo, Esq.•5• • • Steve Boyd PC•6• • • 40 North Forest Road•7• • • Buffalo, New York• 14221•8• • • lcostanzo@steveboyd.com•910• •Appearing on Behalf of Defendants:11• •Shannon B. Vandermeer, Esq.12• • • Webster Szanyi, LLP13• • • 1400 Liberty Building14• • • 424 Main Street15• • • Buffalo, New York• 1420216• • • soneill@websterszanyi.com17• • • • • • • • • • • •*• • •*• • •*1819202122232425
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • • • • •S T I P U L A T I O N S•2• •WEDNESDAY, JULY 5, 2023;•3• • • • • •(Proceedings in the above-titled matter•4• • • • • •commencing at 10:18 a.m.)•5• • • • • • • • • • • • *• • •*• • •*•6• • • • • • • •IT IS HEREBY STIPULATED, by and between•7• •the attorneys for the respective parties hereto, that:•8• • • • • • • •All rights provided by the CPLR and Part•9• •221 of the Uniform Rules for the Conduct of10• •Depositions, including the right that all objections11• •to any question, except as to form or to move to12• •strike any testimony at this examination are reserved;13• • • • • • • •And in addition, the failure to object to14• •any question or to move to strike any testimony at15• •this examination shall not be a bar or waiver to make16• •such motion at, and is reserved to, the trial of this17• •action;18• • • • • • • •IT IS FURTHER STIPULATED, that the reading19• •and signing of the testimony be waived;20• • • • • • • •The filing of the original of this21• •deposition is waived;22• • • • • • • •IT IS FURTHER STIPULATED, that unless the23• •court orders otherwise, the party taking the24• •deposition shall bear the expense thereof in25• •accordance with the CPLR Rule 3116(d);
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• • • • • • • •AND IT IS FURTHER STIPULATED, that the•3• •Notary Public, CHRISTINE VIGNA, may administer the•4• •oath to the witness.•5• • • • • • • • • • • • *• • •*• • *•6• •PATRICK WHIPPLE,•7• • • • • •called herein as a witness, first being sworn,•8• • • • • •testified as follows:•9• • • • • •EXAMINATION BY MS. VANDERMEER:10• • • • • •Q.• Good morning.11• • • • • •A.• Good morning.12• • • • • •Q.• My name is Shannon Vandermeer, and I13• •represent the Defendants in the lawsuit brought by AB14• •511 Doe.15• • • • • • • •Before we get started, what I would like16• •to bring up is that AB 511 Doe is using a pseudonym.17• •He’s -- this lawsuit is governed by a confidentiality18• •agreement with respect to his name.• I will disclose19• •his name to you.• I will do that off the record.• But20• •in disclosing his name to you, that means that you21• •have to keep his name confidential and obviously what22• •is talked about today confidential.• Okay?23• • • • • •A.• Yup.24• • • • • • • •MS. VANDERMEER:• Off the record.25• • • • • •(There was a discussion off the record.)
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• • • • • •Q.• And also before we get started, just a few•3• •other ground rules.• The first is that I ask that all•4• •of your responses be verbal.• While I know what a head•5• •nod is or uh-huh or uh-uh means, the court reporter•6• •can’t take that down.•7• • • • • •A.• Okay.•8• • • • • •Q.• I ask that only one person speak at a•9• •time.• It’s inevitable that you probably will know10• •where one of my questions are going.• I just ask that11• •you let me finish the question before you answer and I12• •will try to do the same in return.13• • • • • • • •If you need a break at any time, that’s14• •fine.• But I just ask that if there’s a question15• •pending you answer that question first.16• • • • • • • •Finally, if you do not understand the17• •question, please say so.• Otherwise, if you answer the18• •question, I will assume you heard it and answered it19• •accordingly.• Okay?20• • • • • •A.• Okay.21• • • • • • • •MS. VANDERMEER:• Also, before we get22• •started, I’m just going to put a note on the record23• •that this morning shortly before I was set to travel24• •here I received from Plaintiff’s office an affidavit25• •by -- signed by the witness that’s here today to
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• •testify.•3• • • • • • • •Obviously, given the late receipt of this•4• •affidavit, I’m reserving any and all rights to recall•5• •this witness.•6• • • • • •Q.• Mr. Whipple, are you currently employed?•7• • • • • •A.• I am.•8• • • • • •Q.• Where are you employed?•9• • • • • •A.• I work for Genesee Valley BOCES out of10• •LeRoy, New York.11• • • • • •Q.• How long have you been employed there for?12• • • • • •A.• Ten years.13• • • • • •Q.• What’s your highest level of education?14• • • • • •A.• I have a PhD in leadership and policy from15• •Niagara University.16• • • • • •Q.• At any point in time, did you attend the17• •Lyndonville Central School District?18• • • • • •A.• I did.19• • • • • •Q.• How many years?• Let me use grades.• How20• •many grades?21• • • • • •A.• Kindergarten through twelfth grade.22• • • • • •Q.• So fair to say your entire undergraduate?23• • • • • •A.• Yes.• Yes.24• • • • • •Q.• Where do you live?25• • • • • •A.• I live in Lyndonville, New York.
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• • • • • • • •Would you like the specific address?•3• • • • • •Q.• Yes, please.•4• • • • • •A.• 11 Willowbrook Drive, Lyndonville, New•5• •York.•6• • • • • •Q.• Do you live there with anyone?•7• • • • • •A.• Yes.• I live there with my wife and two•8• •children.•9• • • • • •Q.• Where do your kids go to school?10• • • • • •A.• My daughter is 17.• She’s a -- going to be11• •a senior in Lyndonville.• My son is 19.• And he’s12• •currently attending Daemen University.13• • • • • •Q.• Did your son go to Lyndonville before14• •going to Daemen?15• • • • • •A.• He did.16• • • • • •Q.• How would you describe the Lyndonville17• •Central School District?18• • • • • • • •MS. COSTANZO:• Form.19• • • • • •A.• Small.• Relatively close-knit.• It’s all I20• •knew.• It’s hard to explain.21• • • • • • • •Would you like some further description?22• • • • • •Q.• Well, you used to work at Lyndonville; is23• •that correct?24• • • • • •A.• I did.25• • • • • •Q.• Okay.• And you also went to school at
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• •Lyndonville?•3• • • • • •A.• I did.•4• • • • • •Q.• And would you consider Lyndonville to be•5• •small and relatively close-knit both at the time when•6• •you were a student and also when you were working•7• •there?•8• • • • • •A.• Yes.• I think I would describe it that•9• •way.10• • • • • •Q.• Is Lyndonville considered a rural area?11• • • • • •A.• Yes.12• • • • • •Q.• While you were a student at Lyndonville,13• •how would you describe the teachers who worked there?14• • • • • • • •MS. COSTANZO:• Form.15• • • • • •A.• Normal, I guess is how I would describe16• •them.• Diligent.• I -- just your typical teacher, I17• •guess.• You know, they knew -- they had a -- I18• •guess -- I mean, I’m trying to think as a ten-year-old19• •again.• Right?20• • • • • •Q.• Sure.21• • • • • •A.• They seemed to know what they were talking22• •about.• They knew if you had a sibling, which I did.23• •I had two that came before me, so there was always24• •that.• And, you know, typical -- typical -- typical25• •teachers that you would see on TV.
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• • • • • •Q.• So they had an interest in the students•3• •and what they were doing, that sort of thing?•4• • • • • • • •MS. COSTANZO:• Form.•5• • • • • • • •THE WITNESS:• I’m sorry.•6• • • • • •Q.• You can go ahead.•7• • • • • •A.• For the most part, yes.•8• • • • • •Q.• Okay.• Now, I asked you -- or off the•9• •record I indicated to you the name of AB 511 Doe.• Do10• •you know who that person is?11• • • • • •A.• I do.12• • • • • •Q.• And how -- when was it that you first knew13• •of AB 511 Doe?14• • • • • •A.• Oh, that’s a tricky question.• I guess I15• •remember becoming friends with him in like second16• •grade-ish.• It’s hard to remember back further than17• •that.18• • • • • •Q.• That’s okay.19• • • • • • • •Did you become friends with him in second20• •grade because the two of you were in the same class21• •together or did you live near each other or a22• •combination?23• • • • • •A.• A combination.• Yup.• We24• •lived -- Lyndonville is a small village, so I would25• •say we all lived in the same neighborhood pretty much.
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• •Especially, I guess, from the tracks south and the•3• •tracks north, you know, are kind of our two -- our two•4• •neighborhoods.• And he lived, oh, approximately a•5• •quarter of a mile away from me.•6• • • • • • • •Additionally, his mother worked for my•7• •father.• I wouldn’t say I knew that until we became•8• •friends though.•9• • • • • •Q.• Sure.10• • • • • • • •And then how did it work?• The two of you11• •were in the same class in second grade; is that12• •correct?13• • • • • •A.• Uh-huh.14• • • • • •Q.• Is that a yes?15• • • • • •A.• I’m sorry.• Yes.• I believe so.• I haven’t16• •really stopped to think about that.• But yes. I17• •believe we were.18• • • • • •Q.• What about third grade, do you know?• Do19• •you remember one way or another?20• • • • • •A.• Yes.• I do know and we were not.• I was in21• •Ms. Hogan’s.• He was in Mr. Figerelli’s.22• • • • • •Q.• Okay.• And I should have said to you at23• •the beginning.• Obviously I’m going to be asking you24• •questions going back many, many years.25• • • • • •A.• Yup.
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• • • • • •Q.• So if you would -- if you don’t know or if•3• •you’re not sure, no one wants you to guess or•4• •speculate or anything like that.• Okay?•5• • • • • •A.• Thank you.•6• • • • • •Q.• So third grade, the two of you were in•7• •separate classes.• What about fourth grade?•8• • • • • •A.• Fourth grade, we were in separate classes•9• •as well.10• • • • • •Q.• Who did the two of you have, do you11• •remember?12• • • • • •A.• I had Mrs. Archer and I believe he had13• •Mrs. Fox.14• • • • • •Q.• And you can -- we can say AB 511 Doe’s15• •name.• Obviously, she’ll end up replacing that with16• •his pseudonym throughout.• So you don’t have to worry17• •about trying to think how to refer to the Plaintiff.18• •Okay?19• • • • • •A.• I appreciate that.20• • • • • •Q.• And you said Fox was the fourth-grade21• •teacher that AB 511 Doe had?22• • • • • •A.• Correct.• As of my recollection.23• • • • • •Q.• Sure.24• • • • • • • •And then fifth grade, who did you guys25• •have as a teacher?
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• • • • • •A.• We both had Mr. Houseman.•3• • • • • •Q.• All right.• When did you find out that you•4• •were having Houseman as your fifth-grade teacher?•5• • • • • •A.• Well, I don’t have a specific memory of•6• •it, but we typically found out in the summer, the•7• •later stages of the summer.• The Applegram, which was•8• •kind of the school communication, would come out with•9• •lists of students by teacher.10• • • • • • • •And you could read it all.• So like I11• •would know who had the other fifth-grade teachers as12• •well and second-grade teachers for that matter.• They13• •kind of printed it all.14• • • • • •Q.• So when you found out in approximately the15• •summertime that you were having Mr. Houseman, did you16• •have concerns about having him as a teacher at all?17• • • • • •A.• No, I did not.18• • • • • •Q.• And you said you had two siblings.• Were19• •they older than you?20• • • • • •A.• They were.21• • • • • •Q.• Did they ever have Houseman as a teacher?22• • • • • •A.• I know that my brother who’s three years23• •older than me did not.• It is possible my sister did.24• •I don’t recall.• She was six years -- she is six years25• •older than me.
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• • • • • •Q.• Okay.• And your fifth-grade year, that•3• •would have been in, what, approximately 1986 to 1987?•4• • • • • •A.• Correct.• Because I know that we graduated•5• •quote/unquote sixth grade in the spring of ’88.•6• • • • • •Q.• Okay.• And when -- did you ever•7• •speak -- prior to starting that class year, did you•8• •ever speak to AB 511 Doe about having Mr. Houseman as•9• •a teacher?10• • • • • •A.• I don’t know.• I’m sure that we did.• We11• •were friends.• We did things together, you know,12• •outside of school, including -- especially during the13• •summer.• I’m sure we probably did, but I don’t recall14• •any specifics.15• • • • • •Q.• Okay.• And do you have any recollection as16• •to whether he expressed any concerns about having17• •Houseman as a teacher?18• • • • • •A.• I do not.19• • • • • •Q.• Okay.• When you had Houseman as a teacher,20• •was the first time that you had ever met him was when21• •you started fifth grade or did you ever meet or22• •interact with him prior to fifth grade?23• • • • • •A.• I don’t recall.• Mr. Houseman was in24• •charge of, as I recall, both student council and25• •safety patrol.• I was -- I was on safety patrol in
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• •fifth grade.• I don’t think I was on safety patrol in•3• •fourth grade because that would have been unusual, but•4• •I may have been in student council.• So I may have met•5• •him prior to that.•6• • • • • • • •That, and he lived in Lyndonville as•7• •well -- in the school district.• He lived outside of•8• •the Village of Lyndonville.• He lived in the Town of•9• •Yates.• So it’s possible that I met him under10• •different circumstances.11• • • • • • • •And I believe he went to the Methodist12• •church as well.• And I went to the Methodist church13• •until third grade.• So it’s quite possible, especially14• •because he had a son who was one year younger than me.15• • • • • •Q.• And his son was Andy Houseman?16• • • • • •A.• Correct.17• • • • • •Q.• Were you or Plaintiff friends with Andy18• •Houseman?19• • • • • •A.• No.20• • • • • •Q.• You indicated that there was something21• •called safety patrol?22• • • • • •A.• Yes.23• • • • • •Q.• What is safety patrol?24• • • • • •A.• So safety patrol was given to like the25• •older kids in the elementary to help with some duties,
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• •like helping kids get to the buses, helping kids, you•3• •know, get from the walker bench to either class or the•4• •opposite, from the walker bench out to their parents•5• •or out to the sidewalk to walk home.• It was a time•6• •when kids were allowed to walk home without a parent.•7• •So they did those types of things.•8• • • • • •Q.• Okay.• And you said that Houseman was in•9• •charge of the safety patrol?10• • • • • •A.• As I recall, yes.11• • • • • •Q.• So to your recollection, what would be his12• •responsibilities overseeing safety patrol?13• • • • • • • •MS. COSTANZO:• Form.14• • • • • •A.• He would pick the kids, I’m sure,15• •through -- I’m assuming through discussion with his16• •colleagues and then give them a little bit of training17• •on kind of what the responsibilities were.18• • • • • •Q.• So when you first started to interact with19• •Mr. Houseman, what were your initial impressions of20• •him?21• • • • • •A.• He was a typical teacher, you know, in22• •line with the types of teachers that I had had before.23• • • • • •Q.• Okay.• And what do you consider to be a24• •typical teacher?• I’m trying to understand.• What does25• •that mean?
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• • • • • •A.• Boy, I never thought about it that way.•3• •So I shouldn’t use the word "typical."• You know,•4• •they -- they were there to help you learn what you•5• •needed to learn.• They were there to make sure that•6• •you were -- or to help you behaviorally•7• •and -- and make sure that, you know, friend groups•8• •were, you know, open and inviting.• I guess those•9• •types of typical things.10• • • • • • • •And I’m sorry if I’m not articulating that11• •well.12• • • • • •Q.• No.• There’s nothing wrong about it.• This13• •isn’t a quiz.• This is just based upon your14• •recollection and what your testimony is.• So that’s15• •fine.16• • • • • • • •So switching gears slightly.• I have in17• •front of me an affidavit that appears to be signed by18• •you.• Am I correct that you signed an affidavit in19• •this matter?20• • • • • •A.• I did sign an affidavit.21• • • • • •Q.• When did you sign the affidavit?22• • • • • •A.• About a month ago.• It could be longer23• •than that.• I’m not quite sure.• Time marches more24• •quickly now than in the past.25• • • • • •Q.• So obviously you’re aware that AB 511 Doe
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• •is bringing a lawsuit against the Lyndonville Central•3• •School District.• When did you first become aware that•4• •he was bringing a lawsuit?•5• • • • • •A.• Perhaps a year ago.•6• • • • • •Q.• How was it that you found out that he was•7• •bringing a lawsuit?•8• • • • • •A.• AB 511 Doe expressed it to me.•9• • • • • •Q.• And when you said he expressed it to you,10• •was this by phone?• Was this in person?11• • • • • •A.• I believe it was in person.12• • • • • •Q.• Can you tell me a little bit about how13• •that conversation went?14• • • • • •A.• Well, prior to that -- I think it’s15• •important to add that -- so approximately two years16• •ago or longer, he shared with me that -- that things17• •had occurred during our fifth-grade year.• So18• •then -- this was while we were together.• We meet, you19• •know, several times a year to catch up, have dinner.20• • • • • • • •And then in a subsequent -- with some21• •time -- like a year lapse, he shared with me that he22• •was going to be moving forward with a suit.23• • • • • •Q.• Okay.• Did he ask you or say anything to24• •you about you being any type of witness?25• • • • • •A.• I believe he did.
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• • • • • •Q.• And what was it that he said?•3• • • • • •A.• He just said that -- potentially that one•4• •of -- his lawyer might contact me to see if I had any•5• •recollection or something like that.• I don’t have the•6• •words memorized.•7• • • • • •Q.• That’s okay.• Just your recollection.•8• • • • • •A.• Any recollection of what -- if anything•9• •stood out to me as worth -- not worthwhile.• That10• •sounds weird.• If anything stands out to me from that11• •time period.12• • • • • •Q.• Okay.• So let’s jump back.• You said two13• •years ago he said to you that things had occurred.• So14• •jumping back to that, tell me about how that15• •interaction went.• So were the two of you in person?16• • • • • •A.• We were.17• • • • • •Q.• And how was it that the two of you ended18• •up being in person?• Did he reach out to you or did19• •you reach out to him?20• • • • • •A.• Oh, I don’t remember.• It flip-flops back21• •and forth like any friendship.22• • • • • •Q.• So this was kind of one of your23• •get-togethers?24• • • • • •A.• Yup.25• • • • • •Q.• So this wasn’t any type of unusual
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• •get-together?•3• • • • • •A.• No.• It was not an unusual get-together,•4• •no.•5• • • • • •Q.• Okay.• And where did the two of you meet?•6• •I’m talking about the two years prior to when you•7• •found out about the lawsuit.•8• • • • • • • •MS. COSTANZO:• Form.•9• • • • • •A.• I believe we were at my house.10• • • • • •Q.• Okay.• And how did the conversation come11• •about where he told you that things had occurred?12• • • • • •A.• As I recall, we were talking13• •about -- unfortunately, AB 511 Doe and I have some14• •things that we can commiserate about in our lives.15• •And so we were talking about the end of his marriage16• •and somehow it also transitioned into further17• •challenges that he was having.18• • • • • •Q.• So when you say "further challenges that19• •he was having," what -- did he go into detail about20• •what those challenges were?21• • • • • •A.• Not with any level of specificity.• He22• •asked me if I recalled what Mr. Houseman had been23• •accused of and -- and incarcerated for.• And I said of24• •course.• I think everyone in our grade level and25• •probably in our town recalls that.
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• • • • • • • •And he expressed that he had suffered a•3• •similar fate at the hands of Mr. Houseman.•4• • • • • •Q.• Was that the exact words that he used?•5• • • • • •A.• No.• I don’t think he would use those•6• •words.• He said -- he would have -- I believe he said•7• •that happened to me.•8• • • • • •Q.• Okay.• What was your reaction when he told•9• •you that?10• • • • • •A.• Shocked.• Shocked.11• • • • • •Q.• And why were you shocked?12• • • • • •A.• Because as an adult, it didn’t -- he13• •didn’t fit what I think a typical -- if there is14• •one -- target was.• And for him to be so close.• We15• •were close, right?• For him to be close and also to16• •have held on to it for so long, I was surprised.17• • • • • •Q.• What was your response when he told you18• •what had happened to him?19• • • • • •A.• I know I said I was sorry.• I think I20• •cried.• I’m a pretty emotional guy.• And I think we21• •probably kind of left it at that, because I22• •don’t -- he didn’t say anything about moving forward23• •with a case at that time.• I don’t recall encouraging24• •him to do so either.• Just the sorries.• I’m sorry25• •that this happened to you.
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• • • • • •Q.• Did the two of you talk any further about•3• •what happened to him or anything like that or was it•4• •just he told you, you said that you were sorry and•5• •that was essentially the end of the conversation?•6• • • • • •A.• It kind of was.• It was kind of blurred•7• •out.• I don’t feel as though he was planning.• You•8• •know, it didn’t feel as though he had planned on•9• •sharing it.10• • • • • •Q.• So he had told you about this two years11• •ago.• Had the two of you at any point in time talked12• •any further about any type of abuse by Houseman to AB13• •511 Doe from the time when he told you until the time14• •when he said he was bringing a lawsuit?15• • • • • • • •MS. COSTANZO:• Form.16• • • • • •A.• I believe we did speak of it one more time17• •because at -- and I believe my timeline is correct,18• •that it was in between the two as you pointed it19• •out -- regarding -- and I don’t even know how to20• •describe it -- like procedurally what had occurred in21• •terms of like a thing that -- like describing an event22• •without describing any really personal part.• AB 51123• •Doe wouldn’t share that with me.• Well, if he was24• •going to share it with anyone, he would share it with25• •me.• But I don’t think he would share that with me.
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• • • • • •Q.• Okay.• So what do you mean you talked•3• •about some type of procedure?•4• • • • • •A.• I know.• I’m sorry.• So he shared with me•5• •that Mr. Houseman had called his parents and had asked•6• •them to let him go on a trip for some purpose.• I’m•7• •not sure what that -- that didn’t stick with me.• It•8• •was -- it was to see something and it had to do with•9• •like -- educationally valid kind of thing to see and10• •that his parents agreed.• And that it included AB 51111• •Doe spending the night at the house and then getting12• •up early and going -- I’m saying in a van.• I don’t13• •know if he had a van or not.• You know, in a vehicle14• •with the family and went to do that.15• • • • • •Q.• Okay.• So how did -- this conversation16• •that you were just describing to me about this trip17• •that Plaintiff was describing to you, how did it come18• •about that the two of you started talking about that?19• • • • • •A.• I’m sure it came naturally out of the how20• •are you doing kind of -- unfortunately, after that’s21• •out, right, the how are you doing is now laced with an22• •understanding that you’ve been through something that23• •you’ve expressed with me.• Right?• So it’s like I get24• •that.25• • • • • • • •So I’m a leukemia survivor.• So every how
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• •are you doing is laced with how is your health.• You•3• •know what I mean?• So I’m just using that for lustrous•4• •purposes.•5• • • • • •Q.• I understand.•6• • • • • •A.• As I recall, it came out that way.•7• • • • • •Q.• Okay.• The first time that you described•8• •the two years ago when you said that you think that•9• •the two of you were at your house when he told you10• •that things had happened to him by Houseman, was that11• •the first time that he had ever told you anything12• •about Houseman doing anything to him?13• • • • • •A.• It was.14• • • • • •Q.• All right.• And then the conversation you15• •were just describing to me about Houseman calling his16• •parents to go on a trip, after he said that to you, do17• •you recall anything else about that conversation,18• •anything that you said in response or anything19• •additional that he said?20• • • • • •A.• Again, I continued being shocked.• Because21• •it is still shocking to talk about it today.22• • • • • •Q.• And I apologize.• I don’t mean to23• •interject.24• • • • • • • •When you say that you continue to be25• •shocked, what was it that was shocking to you?
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• • • • • •A.• Well, he was articulating a level of•3• •specificity that was surprising.• I know that’s•4• •probably silly to say.• But because I have a hard time•5• •having the picture in my mind of who I knew AB 511 Doe•6• •to be as a 10, 11-year old and then what he’s relating•7• •to me, they’re -- they’re just not the same.•8• • • • • • • •Obviously, I’m changing that view as I•9• •understand new.• But that’s why it continues to be10• •shocking.• And -- and I know we’re a small -- we’ve11• •established that we’re a small school in a small town.12• •But like I didn’t know poor -- I didn’t know how poor13• •we were in Lyndonville until I was an adult, including14• •myself.15• • • • • • • •So as -- when I look through it as a kid’s16• •eyes, I never -- he lived a similar life as I did.• So17• •to have -- and so then I have to kind of think well,18• •this could have happened to me which is weird to19• •think.• Right?• That’s why I have a hard time20• •believing it -- not believing it.• I don’t have a hard21• •time believing it because I don’t think AB 511 Doe22• •would share it with me without it being true, without23• •a doubt on that.• I have a hard time making it him,24• •you know, because it just -- it’s in contrast to what25• •I thought.
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• • • • • •Q.• So when you were saying in contrast to•3• •what you thought and you were saying that AB 511 Doe•4• •as being a ten-year-old, what was AB 511 Doe like when•5• •he was ten years old or whatever the age when he was•6• •in the fifth grade?•7• • • • • •A.• He’s a sports guy, hunter.• You know, we•8• •would ride four-wheelers together.• His four-wheelers.•9• •I didn’t have any of those.• He was more dude-ish than10• •I consider myself to be, you know.• So that’s how I11• •perceived him.12• • • • • •Q.• Okay.• So when you’re saying that that’s13• •how you perceived him as a ten-year-old, I guess what14• •I’m just -- I’m just trying to understand about -- I15• •mean, I guess to you, it sounds like -- did you have16• •any reason when he was ten years old when the two of17• •you were friends and doing all this that something was18• •going wrong with him at all?19• • • • • •A.• You know, that’s a hard question to answer20• •because here I sit at 47.21• • • • • •Q.• Right.22• • • • • •A.• But at the time, it was clear that AB 51123• •Doe was -- had gained the attention of Mr. Houseman24• •that other kids hadn’t.25• • • • • •Q.• When you say it was clear that he had
`
`
`FILED: ORLEANS COUNTY CLERK 08/17/2023 11:34 AM
`NYSCEF DOC. NO. 126
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/17/2023
`
`•1• • • • • • •PATRICK WHIPPLE - BY MS. VANDERMEER•2• •gained the attention, can you tell me a little bit•3• •more about that?•4• • • • • •A.• Sure.•5• • • • • • • •AB 511 Doe would be in the classroom prior•6• •to other students, including myself.• And I’m a•7• •no-nonsense -- when I get to school, I stop at the•8• •locker, put my stuff in and go to class.• AB 511 Doe•9• •would frequently be there before me.10• • • • • • • •Mr. Houseman was frequently, if not11• •always, in near proximity to AB 511 Doe within the12• •classroom.13• • • • • • • •This was so obvious that we would joke.14• •My friend group, which AB 511 Doe was a part of, would15• •joke about it.• Now, whether we joked about it when we16• •were in fifth grade or not, I can’t attest to that.17• •But I can tell you that we joked abou
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
