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FILED: ORLEANS COUNTY CLERK 09/21/2022 06:15 PM
`NYSCEF DOC. NO. 71
`
`INDEX NO. 20-46602
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`RECEIVED NYSCEF: 09/21/2022
`
`STATE OF NEW YORK
`SUPREME COURT : COUNTY OF ORLEANS
`_____________________________________
`
`AB 511 DOE,
`
` Plaintiff,
`
`v.
`
`LYNDONVILLE CENTRAL SCHOOL
`DISTRICT AND LYNDONVILLE
`ELEMENTARY SCHOOL,
`
` Defendants.
`
`______________________________________
`
`
`
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`
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`PLAINTIFF’S REPLY TO MOTION
`RESPONSE OF ORLEANS COUNTY
`DISTRICT ATTORNEY’S OFFICE
`
`Index No. 20-46602
`
`Hon. Deborah Chimes, J.S.C.
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`The undersigned, Leah Costanzo, Esq., an attorney at law, affirms that the following
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`statements are true, under penalty of perjury:
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`1.
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`I am an attorney licensed to practice law in the State of New York and am the
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`attorney for AB 511 Doe, plaintiff in the above referenced matter. As such, I am fully familiar
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`with the facts and circumstances arising in this case.
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`2.
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`This Affirmation is respectfully submitted in further support of plaintiff’s motion
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`requesting judicial subpoenas on the Orleans County Sheriff’s Department and Orleans County
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`District Attorney’s Office for the complete, unredacted investigation, files and trial record of
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`perpetrator Terry Houseman in approximately 1990-1991, and in reply to non-party Orleans
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`County District Attorney’s Office’s response to plaintiff’s motion for judicial subpoenas.
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`3.
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`The District Attorney is in possession of plaintiff’s motion which clearly states
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`that subpoenas were being sought for the files of both the Orleans County District Attorneys
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`Office and the Orleans County Sheriff’s Office (NYSCEF Doc. No. 47), and copies of both
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`requested subpoenas were attached as exhibits (NYSCEF Doc. No. 65, NYSCEF Doc. No. 66).
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`1
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`1 of 4
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`FILED: ORLEANS COUNTY CLERK 09/21/2022 06:15 PM
`NYSCEF DOC. NO. 71
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 09/21/2022
`
`4.
`
`Copies of plaintiff’s motion were mailed to the Orleans County Sheriff’s
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`Department and Orleans County District Attorney’s Office on August 3, 2022 (NYSCEF Doc.
`
`No. 69), and also personally served prior to the one-day notice requirement set forth in CPLR §
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`2307 (NYSCEF Doc. No. 68 and NYSCEF Doc. 70).
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`5.
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`Additionally, while the District Attorney’s indicates that the records from the
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`criminal investigation and prosecution involve a “completely different” abused child, it is
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`unclear how this information would have been obtained or confirmed as plaintiff is proceeding
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`under a pseudonym and his name has not been disclosed by your affirmants office. Regardless,
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`whether plaintiff’s name appears in the records is not a basis for denying plaintiff’s motion.
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`6.
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`The records are relevant in that they involve the same perpetrator, allegations of
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`sexual abuse of a child during his employment with defendants, and likely contain discoverable
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`information such as the identity of and testimony of unknown and/or unavailable witnesses,
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`defendants’ interaction with and supervision of the perpetrator, and testimony given regarding
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`the perpetrator’s activities during the relevant time frame.
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`7.
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`Finally, while it is plaintiff’s position that the unredacted records should be fully
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`discoverable, the plaintiff’s request is for judicial subpoenas returnable directly to the Judge’s
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`chambers so that this Court can properly determine what extent the contents must be redacted
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`prior to examination by counsel.
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`8.
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`Based on the foregoing, plaintiff’s motion for the issuance of judicial subpoenas
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`on nonparties Orleans County Sheriff’s Department and Orleans County District Attorney’s
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`Office pursuant to CPLR § 2307 should be granted.
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`2 of 4
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`FILED: ORLEANS COUNTY CLERK 09/21/2022 06:15 PM
`NYSCEF DOC. NO. 71
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 09/21/2022
`
`Buffalo, New York
`September 21, 2022
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`DATED:
`
`
`
`
`
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`
`
`
`
`
`
`
`TO: Hon. Joseph V. Cardone, District Attorney
`Orleans County District Attorney
`13925 State Route 31, Suite 300
`Albion, NY 14411
`(585) 590-4130
`VIA HAND DELIVERY
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`/s/ Leah Costanzo, Esq.
`Leah Costanzo, Esq.
`STEVE BOYD, P.C.
`Attorneys for plaintiff
`2969 Main Street, Suite 100
`Buffalo, NY 14214
`(716) 600-0000
`lcostanzo@steveboyd.com
`
`
`
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`
`
`Katherine Bogan, Esq.
`Orleans County Attorney
`517 Main Street
`Medina, NY 14103
`(585) 798-1615
`VIA HAND DELIVERY
`
`Sheriff Christopher Bourke
`Orleans County Sheriff’s Department
`13925 State Route 31, Suite 400
`Albion, NY 14411
`(585) 589-5527
`VIA HAND DELIVERY
`
`Shannon O’ Neill, Esq.
`Webster Szanyi, LLP
`Attorneys for Defendants
`1400 Liberty Building
`Buffalo, New York 14202
`(716) 843-2800
`
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`3 of 4
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`

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`FILED: ORLEANS COUNTY CLERK 09/21/2022 06:15 PM
`NYSCEF DOC. NO. 71
`
`INDEX NO. 20-46602
`
`RECEIVED NYSCEF: 09/21/2022
`
`
`
`
`CERTIFICATION PURSUANT TO 22
`N.Y.C.R.R. 202.8-b(c)
`
`
`Index No.: 20-46602
`
`
`STATE OF NEW YORK
`SUPREME COURT : COUNTY OF ORLEANS
`___________________________________________
`
`AB 511 DOE,
`
` Plaintiff,
`
`v.
`
`LYNDONVILLE CENTRAL SCHOOL
`DISTRICT AND LYNDONVILLE
`ELEMENTARY SCHOOL,
`
` Defendants.
`
`__________________________________________
`
`
` I
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` hereby certify pursuant to 22 N.Y.C.R.R. 202.8-b(c) that the word count of the attached
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`attorney reply affirmation is 441 words exclusive of the caption and signature block in
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`compliance with the word count limit set forth in 22 N.Y.C.R.R. 202.8-b(a).
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`DATED: September 21, 2022
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`/s/ Leah Costanzo, Esq.
`Leah Costanzo, Esq.
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`4
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`4 of 4
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