FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`
`
`1
`
`JOE J. DIPASSIO, JR.
`
`STATE OF NEW YORK
`SUPREME COURT : COUNTY OF ORLEANS
`----------------------------------------
`AB 511 DOE,
`
`- vs -
`
`Plaintiff,
`Index Number
`20-46602
`LYNDONVILLE CENTRAL SCHOOL DISTRICT
`and LYNDONVILLE ELEMENTARY SCHOOL,
`Defendants.
`----------------------------------------
`AB 524 DOE,
`
`- vs -
`
`Plaintiff,
`Index Number
`21-47386
`LYNDONVILLE CENTRAL SCHOOL DISTRICT
`and LYNDONVILLE ELEMENTARY SCHOOL,
`Defendants.
`----------------------------------------
`Examination before trial of JOE J.
`DIPASSIO, JR., taken pursuant to Notice under
`Article 31 of the Civil Practice Law and Rules, in
`the ALBION COURTHOUSE, 1 South Main Street, Albion,
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`
`
`1
`
`JOE J. DIPASSIO, JR.
`
`STATE OF NEW YORK
`SUPREME COURT : COUNTY OF ORLEANS
`----------------------------------------
`AB 511 DOE,
`
`- vs -
`
`Plaintiff,
`Index Number
`20-46602
`LYNDONVILLE CENTRAL SCHOOL DISTRICT
`and LYNDONVILLE ELEMENTARY SCHOOL,
`Defendants.
`----------------------------------------
`AB 524 DOE,
`
`- vs -
`
`Plaintiff,
`Index Number
`21-47386
`LYNDONVILLE CENTRAL SCHOOL DISTRICT
`and LYNDONVILLE ELEMENTARY SCHOOL,
`Defendants.
`----------------------------------------
`Examination before trial of JOE J.
`DIPASSIO, JR., taken pursuant to Notice under
`Article 31 of the Civil Practice Law and Rules, in
`the ALBION COURTHOUSE, 1 South Main Street, Albion,
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`
`
`2
`
`New York, on June 16, 2022, commencing at 10:10
`a.m., before ERIN K. DESTINO, Notary Public.
`
`APPEARANCES:
`
`LAW OFFICES OF STEVE BOYD & JOHN ELMORE
`BY LEAH COSTANZO, ESQ.
`2969 Main Street
`Suite 100
`Buffalo, New York 14214
`lcostanzo@steveboyd.com
`Appearing for the Plaintiffs
`WEBSTER SZANYI, LLP
`BY SHANNON O'NEILL, ESQ.
`1400 Liberty Building
`Buffalo, New York 14202
`soneill@websterszanyi.com
`Appearing for the Defendants
`
`
` (STIPULATIONS: Waive filing of
` the transcript, waive Oath of the Referee,
` reserve all objections until trial, with
` exception of objections as to form.)
`
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`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`
`
`INDEX
`
`EXHIBITS:
`PLAINTIFF
`EXHIBIT 1
`
`Defendants' Response to
`Plaintiff's
`Interrogatories, AB 511
`Doe.
`
`EXAMINATIONS:
`BY MS. COSTANZO:
`
`*****
`
`*****
`
`3
`
`PAGE:
`4
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`PAGE:
`4
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`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`
`
`
`4
`
`The following was marked for Identification:
`PLAINTIFF EXHIBIT 1 Defendants' Response to
`Plaintiff's Interrogatories,
`AB 511 Doe.
`
`
`
`THE REPORTER: Usual stipulations?
`MS. O'NEILL: I just want to reserve and
`read and sign in 60 days.
`
`J O E J. D I P A S S I O, J R., 19 Whittier
`Road, Rochester, New York 14624, after being duly
`called and sworn, testified as follows:
`
`EXAMINATION BY MS. COSTANZO:
`
`Q.
`Good morning, Mr. DiPassio. This is --
`my name is Leah Costanzo. I'm the attorney that
`represents the plaintiffs in the action that has
`been brought against the Lyndonville Central School
`District.
`A.
`Okay.
`Q.
`I'm going to ask you some questions
`today. If at any point you don't understand my
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`10:11:43
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`10:11:43
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`10:11:44
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`10:11:44
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`5
`
`question, just let me know, I would be happy to
`rephrase it for you.
`A.
`Okay.
`Q.
`I just ask that you wait until my
`question is completely finished before you give
`your answer. Okay?
`A.
`Sure.
`Q.
`You're doing very well right now. Just
`make sure all of your responses are verbal; yeses,
`nos, or some other response. I can see you nodding
`your head, but she won't be able to take that down
`for the record. Okay?
`A.
`Well, I sometimes nod my head. It is
`for my neck and my back, which is all a mess just
`so you know.
`Q.
`We'll remind you if you --
`A.
`I normally am verbal too with the nods
`so, yes.
`Q.
`Perfect.
`A.
`Dual communication.
`Q.
`Sir, you gave an address of 19 Whittier
`Road in Rochester; is that your personal home
`address?
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`10:12:01
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`10:12:03
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`10:12:27
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`10:12:29
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`6
`
`A.
`Mm-hmm.
`Q.
`Is that a yes?
`MS. O'NEILL: Is that a yes.
`THE WITNESS: I should have given the school
`address?
`MS. O'NEILL: That's fine.
`THE WITNESS: That's my personal address,
`
`yes.
`
`BY MS. COSTANZO:
`Q.
`And where is it that you're currently
`working out of?
`A.
`I'm working out of Lyndonville Central
`School District, and that's -- the office is on 25
`Housel Avenue in Lyndonville, New York, 14608, I
`think it is.
`Q.
`How long have you worked out of the
`Lyndonville Central School District office on 25
`Housel Avenue?
`A.
`Since January 2, 2018.
`Q.
`How long have you worked for the
`Lyndonville Central School District?
`A.
`Since January 2nd of 2018.
`Q.
`I know you said you currently live in
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`10:13:20
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`10:13:24
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`7
`
`Rochester, but did you ever at any point in your
`life live in Lyndonville?
`A.
`I did. I did for almost three years.
`Do you need the address of that or no?
`Q.
`Nope, not yet. So you lived in
`Lyndonville for about three years total?
`A.
`Yes.
`Q.
`When was that, what years?
`A.
`I just recently sold my home. So I
`think officially it's October of -- let me get the
`years right. '22, '21 -- I believe it was October
`of '19 that I purchased the house and then I just
`sold it about two weeks ago.
`Q.
`Okay. Other than from about 2019 to
`2022, did you ever live in Lyndonville?
`A.
`Never, no.
`Q.
`Are you from the Western New York area?
`A.
`Yes. My whole life.
`Q.
`And what is your current job title for
`Lyndonville Central School District?
`A.
`I'm what we call the business
`administrator.
`Q.
`And can you describe for me what the
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`10:14:37
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`10:14:40
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`8
`
`job duties of a business administrator in
`Lyndonville are?
`A.
`Sure. Responsible -- it's almost
`everything other than instruction. That's probably
`the best way to express that.
`Q.
`Can you provide me any detail as to
`what your day-to-day looks like with the school
`district?
`A.
`Sure. Most recently, for example,
`there's a budget that needs to be accomplished and
`approved by the citizens in Lyndonville and the
`school district. I'm the individual that's
`responsible to pull together that budget, as an
`example.
`Q.
`Do you have any supervisory job duties?
`A.
`Yes.
`MS. O'NEILL: Form.
`BY MS. COSTANZO:
`Q.
`What type of supervisory job duties do
`you have for the school district?
`MS. O'NEILL: Form. You can answer.
`THE WITNESS: Okay. I'm responsible for the
`finance office team. I'm responsible for the
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`10:15:36
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`10:15:40
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`9
`
`buildings and grounds team. I'm responsible for
`the transportation team, although it's a third
`party -- I have to get it done through a third
`party.
`I'm responsible for the food service, again,
`another third party. I have to get that done
`through a third party.
`BY MS. COSTANZO:
`Q.
`When you say that you're responsible
`for those teams, what is it that your
`responsibility is?
`A.
`Why I used the word responsible is
`because two of those organizations are third
`parties. So I'm not, quote, unquote, their boss,
`per se, because they're third parties, but I am
`responsible for the work that needs to be
`accomplished. For example, food service. That's
`like a joint responsibility, one would say.
`Q.
`And can you just describe for me what
`your responsibilities are specifically?
`MS. O'NEILL: With respect to the food
`services or business administrator?
`BY MS. COSTANZO:
`
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`10:16:42
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`10:16:45
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`10
`
`Q.
`Well, let me break it down for you a
`little bit. What are your responsibilities with
`the finance office team?
`A.
`Finance office team. Well, we're
`responsible for all the accounts payable and for
`the human resources, for the payroll, for the
`treasury work, for the communication on a regular
`basis to the superintendent and the board.
`I could go on and on. I'm not sure how to
`answer your question more than that.
`Q.
`So if I -- am I understanding it
`correctly that you're the person that the people in
`the finance office team report to?
`A.
`Yes. The answer would be yes.
`Q.
`So there are individuals in that team
`who handle the accounts payable, the human
`resources, the payroll, et cetera, and you're the
`one who approves it or supervises it?
`A.
`Both, yes.
`Q.
`Can you describe your responsibilities
`with the buildings and grounds, I think you said?
`A.
`Yes.
`Q.
`Can you describe what your
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`10:17:52
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`10:17:53
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`11
`
`responsibilities are for that team?
`A.
`Well, the buildings and grounds,
`responsibilities for all the facilities. We have a
`total now of three buildings there that are open.
`And one of -- two of them have students, one of
`them do not. That's the bus garage.
`And all the inner workings of the
`facilities, the buildings, in case it rains, leaks,
`whatever. All those kinds of things.
`Q.
`And the building and grounds team, are
`they responsible for maintaining the facilities
`that you just described?
`A.
`Yes, that's the best expression.
`Maintaining the facilities.
`MS. O'NEILL: Just let her finish the
`question.
`THE WITNESS: I'm sorry. I was rushing.
`MS. O'NEILL: We just want to make the court
`reporter's life a little easier.
`THE WITNESS: I'll slow down.
`BY MS. COSTANZO:
`Q.
`The maintenance at those facilities,
`does that include landscaping, janitorial services,
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`10:18:47
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`10:18:47
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`10:18:48
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`12
`
`what is it that the maintenance exactly includes?
`A.
`Janitorial services, yes. Maintenance
`of the buildings, yes.
`Q.
`Are you actively involved in performing
`any of those job duties for the building and
`grounds team or are you more of a supervisory
`position?
`A.
`A supervisory position.
`Q.
`So if someone has an issue, either with
`maintenance of a building or needs approval to
`repair something at the building, is it you that
`they address that with?
`A.
`I'm slowing down now. It's a
`combination. They typically would go to the
`director of facilities and, if it's something that
`the director of facilities needs to elevate, then
`they would come to me.
`Q.
`As part of your job duties with these
`teams that we were discussing, do you have to visit
`the premises or the properties, I guess the
`facilities as you described it, on a daily basis?
`A.
`Yes. I -- my office is in 25 Housel
`Avenue, and about three years ago or so -- I have
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`10:19:59
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`10:20:03
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`10:20:05
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`10:20:14
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`13
`
`to go back and look precisely. Roughly three years
`ago or so, we reopened the building on -- on Main
`Street.
`Q.
`I'll get back to the remainder of the
`teams that you mentioned shortly, but can you just
`describe for me the -- the -- you said that there
`were a total of four facilities?
`A.
`No.
`Q.
`Okay. So three facilities?
`A.
`Yes.
`Q.
`And can you describe or list the three
`facilities that are within the Lyndonville Central
`School District?
`A.
`Yes. The easiest one would be a third
`building that no students are -- that holds the
`transportation, the buses. Those kind of things.
`The main building, that's 25 Housel Ave, the
`biggest and main. That holds almost all the
`students plus the office -- a lot of offices. With
`the exception right now, the Main Street building
`holds the pre-K, fifth, and sixth grades.
`Q.
`Okay. Let me just go back a little
`bit. The transportation building, where is that
`
`1 2 3 4 5 6 7 8 9
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`10:21:29
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`10:21:36
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`14
`
`located?
`A.
`That's on Housel Avenue.
`Q.
`Is it a different address?
`A.
`It is.
`Q.
`What's the address?
`A.
`77, I believe.
`Q.
`Is that just down the street from --
`A.
`Yes.
`Q.
`-- the main building?
`A.
`Yes, it is.
`Q.
`And you said nothing is held there
`except for transportation offices and the buses?
`A.
`Yes. The buses, there's a mechanic,
`there's a director of transportation, and the bus
`drivers meet there to pick up their buses and
`drop -- meet there again later on to drop off their
`buses.
`
`Q.
`The main building is the one you
`described at 25 Housel; is that right?
`A.
`Yes.
`Q.
`And that building, I think you said,
`holds almost all of the students and the district
`offices; is that right?
`
`1 2 3 4 5 6 7 8 9
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`10:22:33
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`15
`
`A.
`Yes.
`Q.
`And then there's a third building that
`holds the pre-K, fifth, and sixth grades; is that
`correct?
`A.
`Yes.
`Q.
`Okay. That third building, where is
`that located?
`A.
`On Main Street. I believe it's -- I
`don't remember the number. It might be 80 Main
`Street, but I'm not certain of the number.
`Q.
`Other than the pre-K, fifth, and sixth
`grades, anything else at the Main Street building?
`A.
`No.
`Q.
`And other than -- strike that.
`At the main building, can you tell me what
`grades are held at the main building?
`A.
`Yes, grades one through four and grades
`seven through 12.
`Q.
`Is there a kindergarten classroom?
`A.
`Sorry. I made an error. Grades K
`through four and grades seven through 12.
`Q.
`And the office that you report to every
`day, that's that main building; is that right?
`
`1 2 3 4 5 6 7 8 9
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`10:23:45
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`10:23:49
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`16
`
`A.
`Yes.
`Q.
`Okay. Can you describe for me the
`layout of the main building; where the district
`offices are, where the students are? Can you just
`sort of tell me geographically where they are in
`the building?
`A.
`Yes. In the center of the building on
`the Housel Avenue side is the main entrance. The
`main entrance has where individuals were to come in
`and there's -- I don't know what's the right
`word -- administrative people, secretaries, that
`are ensuring that when people come into the
`building that they're either known or they get
`their identification to ensure who they are.
`We go through a process of vetting people.
`To the left of that is the business office door.
`There's a door directly that could go into the
`business office area. To the right of that is a
`number of classrooms.
`Go deeper in the building, there's a number
`of classrooms. Go to the left side, there's a
`number of classrooms. At the tail end of the left
`side, looking into the building, there's the
`
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`10:25:05
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`10:25:06
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`10:25:09
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`10:25:11
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`10:25:15
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`17
`
`cafeteria. If you go -- looking again going
`through the main building doors, if you go to the
`far right side, there's the auditorium.
`Q.
`Did you ever attend the Lyndonville
`Central School District or Lyndonville Central as a
`student?
`A.
`No.
`Q.
`Can you tell me a little bit about your
`educational background? Where is it that you went
`to grammar school?
`A.
`Yes. Education, I'm a graduate of the
`Greece Central School District High School. I'm a
`graduate of Monroe Community College, associate's
`degree. I'm a graduate of Brockport State College,
`bachelor's degree.
`I'm a graduate of the University of
`Rochester Simon School graduate program, MBA. And
`I'm also a graduate of a three-year -- what's the
`word I'm looking for. Three-year certification is
`the right word. Three-year certification at
`Brockport State.
`Q.
`What year did you graduate Greece
`Central School District?
`
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`10:27:07
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`10:27:08
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`10:27:12
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`18
`
`A.
`1974.
`Q.
`And what year did you graduate Monroe
`Community with your associate's degree?
`A.
`1977.
`Q.
`And what year did you graduate
`Brockport State College with your bachelors?
`A.
`1987.
`Q.
`And what year did you graduate the
`University of Rochester Simon School?
`A.
`1993.
`Q.
`Last one, what year did you receive the
`certification at Brockport State?
`A.
`I got to calculate this in my head.
`
`2017.
`
`Q.
`And can you tell me what that
`certification was for?
`A.
`Yes. That certification was -- they
`give it letters. But essentially what it means is
`that has given me the opportunity to be a business
`administrator at the school district.
`Certification for business administrator at
`a school district.
`Q.
`When you say that they give it letters,
`
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`10:28:35
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`10:28:35
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`19
`
`what do you mean by that?
`A.
`Well, so -- I'm trying to think of
`the -- the terminology they use. I would have to
`look to let you know what that is.
`Q.
`Do you have any other certifications,
`other than the one for the business administrator?
`A.
`Current?
`Q.
`Yes.
`A.
`Current, no.
`Q.
`During your educational and
`professional career, did you ever receive any other
`certifications?
`A.
`Yes.
`Q.
`What other certifications have you
`
`held?
`
`A.
`I was what they call a -- a registered
`representative of the State of New York for a
`period of time.
`Q.
`When you say a registered
`representative, what do you mean?
`A.
`There's a certain process in State of
`New York that you go for testing and you pass that
`testing. In my case I passed the Series 7 and the
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`10:29:40
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`10:29:44
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`20
`
`Series 63, which enabled me to be able to sell
`stocks, bonds, those kind of things.
`Q.
`Any other certifications that you've
`
`held?
`
`A.
`Yes.
`Q.
`What others?
`A.
`There's one other. I went to some
`classes and passed the exam to be a real estate
`salesperson.
`Q.
`When is it that you received your
`Series 7 and 63 certifications?
`A.
`2005 or 2006, in that area.
`Q.
`That's the date that you received the
`certification for selling stocks and bonds?
`A.
`To the best of my knowledge right now.
`It was a one time.
`Q.
`How long was that certification good
`
`for?
`
`A.
`Well, it's expired now. I'm not sure
`how long it was.
`Q.
`How about your real estate license,
`when is it that you received that?
`A.
`Seems around 2004, give or take. I
`
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`10:30:01
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`10:30:01
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`10:31:05
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`10:31:06
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`21
`
`don't completely remember.
`Q.
`Is that license current?
`A.
`Oh, no. No, that's exhausted.
`Q.
`Any other licenses or certifications
`that you've received other than what we've already
`discussed?
`A.
`I don't believe so, no.
`Q.
`Where did you work prior to Lyndonville
`Central School District?
`A.
`Kendall School District.
`Q.
`Kendall?
`A.
`Mm-hmm.
`MS. O'NEILL: Is that a yes? Joe, is that a
`
`yes?
`
`THE WITNESS: Yes, Kendall School District.
`BY MS. COSTANZO:
`Q.
`How long did you work for the Kendall
`School District?
`A.
`About eight months.
`Q.
`What is it that you did for them?
`A.
`It was called a district treasurer.
`Q.
`What is it that you did as a district
`treasurer?
`
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`10:31:21
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`10:31:24
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`10:31:30
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`10:31:33
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`10:31:38
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`10:32:00
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`10:32:03
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`10:32:03
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`10:32:11
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`10:32:19
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`10:32:22
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`22
`
`A.
`Some were some of the things I
`mentioned before, doing budgets, accounts payable,
`payroll, treasurer -- treasury, communications with
`the Board, things like that.
`Q.
`Excuse my ignorance, but where is
`Kendall School District located?
`A.
`I could tell you how I drove there. I
`think the street was called Kendall. It's in the
`Town of Orleans, but it's just past the border of
`Monroe going into the Orleans.
`Q.
`Why is it that you left the Kendall
`School District to come to the Lyndonville School
`District?
`A.
`I did not enjoy that job. It was
`something I wanted to leave.
`Q.
`Did you go directly from the Kendall
`School District to Lyndonville or was there any
`kind of break?
`A.
`There was a break.
`Q.
`How long of a break was there between
`Kendall and Lyndonville?
`A.
`February to January. So ten months.
`Q.
`Is it fair to say that you quit the job
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`10:32:27
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`10:32:33
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`10:32:38
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`10:32:40
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`10:32:44
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`10:32:47
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`10:32:58
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`10:33:08
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`10:33:10
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`10:33:22
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`10:33:26
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`10:33:26
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`10:33:38
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`10:33:38
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`10:33:39
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`10:33:40
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`10:33:42
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`10:33:48
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`23
`
`at Kendall School District?
`A.
`Yes, I quit.
`Q.
`And then from approximately February to
`November you said?
`A.
`No. February to January of the
`following year. January 2nd.
`Q.
`February of what year to January of
`what year?
`A.
`February '17 to January 2nd of '18. I
`needed to complete my certification. They required
`me to do about a three-month internship, which I
`did at -- at -- it's in Monroe County.
`It will come to me in just a minute. The
`internship that I did started around February,
`March, and ended around May over at -- I don't know
`why I can't think of the name of the school. It
`will come to me in a minute.
`Once May came, then I completed the
`requirements for internship. I had to take an
`additional test, I believe, at that point with the
`State of New York. And once I completed that, then
`I became successful with certification. So the
`schooling was just one piece of it.
`
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`10:33:58
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`10:33:59
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`10:34:01
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`10:34:05
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`10:34:06
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`10:34:08
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`10:34:11
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`10:34:13
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`10:34:13
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`10:35:16
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`10:35:17
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`10:35:24
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`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`24
`
`Q.
`Okay. So just correct me if I'm wrong,
`you quit Kendall School District in February of
`2017 and then started a three-month internship
`program in Monroe County; is that right?
`A.
`That's correct. I'll get you the
`school.
`Q.
`And then the internship program that
`you attended at Monroe County, you said that was a
`school district or a school?
`A.
`School district.
`Q.
`And that program, that internship
`program that you attended, was it a series of
`classes and then a test at the end?
`A.
`No, it was not. It was a requirement
`of doing an internship with key components that
`needed to be part of the internship as a direct
`relationship to the schooling.
`The schooling, the three-year program,
`identified key areas that needed to be
`accomplished. Once those were accomplished, then I
`had to communicate back to the individual from the
`teaching, the school, Brockport State, and show
`competency.
`
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`10:35:26
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`10:35:31
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`10:35:35
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`10:35:40
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`10:35:42
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`10:35:44
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`10:35:44
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`10:35:48
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`10:35:50
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`10:35:51
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`10:35:52
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`10:35:54
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`10:35:56
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`10:35:58
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`10:36:00
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`10:36:04
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`10:36:09
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`10:36:10
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`10:36:12
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`10:36:16
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`10:36:20
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`10:36:23
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`10:36:29
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`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`25
`
`Q.
`So if you could -- I'm a little bit
`confused. So the internship program, were you
`shadowing someone at the school district or working
`with someone to accomplish these goals?
`A.
`Shadowing is not the right word. I
`reported directly into the -- over there they call
`it the assistant superintendent for finance and
`operations, but it was unpaid. But I reported to
`that person.
`And there was the number of areas that I
`needed to accomplish, which that person knew what
`they were, and we developed a plan at Hilton
`Central School District to complete those -- those
`needed competencies, demonstrating these needed
`competencies.
`Q.
`I'm just going to break that down a
`little bit. The internship program, you were
`working with the assistant superintendent for
`finance and operations in order to accomplish
`certain goals.
`Do I have that correct?
`A.
`Yes, I think that -- that could be one
`way to express it, yes.
`
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`10:36:31
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`10:36:48
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`10:36:53
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`10:36:56
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`10:37:01
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`10:37:02
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`10:37:05
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`10:37:09
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`10:37:18
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`10:37:26
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`10:37:26
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`10:37:28
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`10:37:32
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`10:37:36
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`10:37:37
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`10:37:39
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`10:37:44
`
`ERIN MOWREY COURT REPORTING
`(716) 812-6164
`
`
`
`FILED: ORLEANS COUNTY CLERK 08/02/2022 08:40 PM
`NYSCEF DOC. NO. 53
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 08/02/2022
`DiPassio - Costanzo - 6/16/22
`
`26
`
`Q.
`So you participated in this internship
`program. Who is it that assigned you the areas
`that you needed to either develop a plan or
`accomplish a goal?
`A.
`The three-year program identified an --
`actually, two internships. One I completed well
`before then. The second one, the last one, had to
`be completed towards the end of my classes.
`In order to accomplish that, it had to be
`done within a school district. My choice was to go
`see Hilton School District, and they accepted my
`choice. We worked -- I worked at Hilton in order
`to complete the competencies.
`It was under the supervision of the Hilton
`assistant superintendent to finance and operation.
`Once those competencies were shown, then I had to
`go back to Brockport State's professor and then I
`had to demonstrate through the communication from
`the Hilton assistant superintendent of finance and
`operations what I had accomplished.
`And at that point the professor at the
`Brockport State checked off the box, whatever you
`want to call it, and then I met that requirement.
`
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`10:39:03
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`10:39:07
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`10:39
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