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GARY SUSON VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

BSA XMAX(1/51)

GARY SUSON

VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007


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CIVIL COURT OF THE CITY OF NEW YORK


COUNTY OF NEW YORK
--------------------------------------x
GARY SUSON,
Plaintiff,
-againstNYP HOLDINGS, INC., NEWS AMERICA INCORPORATED,
CYNTHIA R. FAGAN, MURRAY WEISS, STEPHANIE
GASKELL, and JOHN DOES 1 AND 2,
Defendants,
INDEX NO.: 3000605 TSN 2006
--------------------------------------x

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WITNESS: STEPHEN J. CASSIDY

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EXAMINATION BY

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MR. CONTI

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MR. LEFKOWITZ

PAGE
4
105

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--- DOCUMENTS AND/OR INFORMATION REQUESTED ----

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DESCRIPTION

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Minutes of board meetings

PAGE

Last name of Bruce

102

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Copy of charges

117

September 13, 2007


9:05 a.m.

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Deposition of STEPHEN J. CASSIDY,


pursuant to Subpoena, before Sophie Nolan, a
Notary Public of the State of New York.

--------------- E X H I B I T S --------------EXHIBIT

DESCRIPTION

182

FOR I.D.

Subpoena

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(EXHIBITS RETAINED BY MR. CONTI)

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ELLEN GRAUER COURT REPORTING CO. LLC


126 East 56th Street, Fifth Floor
New York, New York 10022
212-750-6434
Ref: 85199

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59

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------------------ I N D E X ------------------

875 Third Avenue


New York, New York

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A P P E A R A N C E S:

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S T E P H E N

J.

C A S S I D Y, called as a

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witness, having been first duly sworn,

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JARED M. LEFKOWITZ, ESQ.

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was examined and testified as follows:

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Attorney for Plaintiff

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48 Wall Street, 11th Floor

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EXAMINATION BY

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New York, New York

10005

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MR. CONTI:

JARED M. LEFKOWITZ, ESQ.

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Q.

Good morning, Mr. Cassidy.

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A.

Good morning.

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Q.

My name is Jay Conti.

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BY:

PHONE

917-887-3920

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HOGAN & HARTSON

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Attorneys for Defendants

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875 Third Avenue

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New York, New York

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BY:

10022

JASON P. CONTI, ESQ.


212-918-3000

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attorneys for the Defendants, the New York Post

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and three of its reporters.

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this case brought by Gary Suson who is the

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Plaintiff.

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PHONE

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FAX

212-918-3643

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E-MAIL

jpconti@hhlaw.com

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GARY SUSON

We've been sued in

name and address for me for the record?


A.

Stephen J. Cassidy, 71 Tanners Neck

Lane, Westhampton, New York.


Q.

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We are the

Could you please state your full

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ALSO PRESENT:

I'm an

attorney here at Hogan & Hartson.

Could you tell me your current

occupation?

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I'm also the president of the Uniformed

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Firefighters Association.

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Ellen Grauer Court Reporting


(212) 750-6434

A.

Q.

I'm a New York City firefighters.

Have you ever had your deposition

taken before?

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BSA XMAX(2/52)

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A. I think the answer to that is yes.


I can't remember when, but I think I've been
deposed before.
Q. Do you remember around the time?
A. I think I was definitely deposed
for some kind of a lawsuit at one point in
time. I don't remember when. A long time ago.
Q. I'm going to go through a couple of
groundrules to familiarize you with how this
will work. The purpose here is for us to ask
some questions and get some answers regarding
this particular lawsuit.
We ask that you listen to the
question and wait to respond until we're
finished with the question. If you don't hear
anything or you don't understand anything,
please just ask me to repeat the question.
I'll be happy to do that. If you answer the
question, I'm going to assume that you
understood. It does that make sense?
A. Yes.
Q. The court reporter is here to take
down your testimony she needs audible responses
so please don't shake your head or nod. There

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identification.)
Q. Just leaf through that for a
minute.
A. (Reviewing.)
Q. Have you seen that document before?
A. Yes.
Q. I'm going to ask you to look at the
page marked four at the bottom. Do you see it
says "Document Requests"?
A. Yes.
Q. Have you seen that before?
A. I have, but not for some time.
Q. Do you recall whether or not you
searched for any documents that were responsive
to the requests made?
A. I had my attorney, Michael Block
who is the attorney for the Uniformed
Firefighters Association ask my secretary for
any document as it relates to this. To my
knowledge, that was done. I don't know what he
found or what he submitted, but that's what we
asked.
Q. Do you have any additional
documents?

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

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has to be an audible response.


There may be an objection by Mr.
Suson's counsel Mr. Lefkowitz. You are still
required to answer the question even if an
objection has been made.
If you want to take a break, just
let me know and we'll be happy to take a break
any time you need one. All answers here are
given under oath. You understand that because
they're under oath your answers must be
truthful. Do you understand that?
A. Yes, I do.
Q. In general do you understand these
instructions?
A. Yes.
Q. One final obligatory question, are
you taking any drugs or medications that would
prevent you from being able to give truthful
answers here today?
A. No.
Q. Great. I'm going to show you a
document, here. I'm going to mark this as -- I
think we're up to 182.
(Exhibit 182, subpoena, marked for

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A. No.
Q. So anything that was submitted to
Mr. Block would be what you have in your
records?
A. Yes.
Q. Let's go a little bit into your
background. Did you attend high school?
A. Yes.
Q. What high school was that?
A. Nazareth High School in Brooklyn,
New York.
Q. Did you graduate from high school?
A. Yes.
Q. What year was that, do you recall?
A. 1974.
Q. Did you attend college?
A. Yes.
Q. What college was that?
A. I attended St. John Fisher in
Rochester New York and St. Francis College in
Brooklyn.
Q. Did you receive a degree?
A. No, I did not.
Q. Have you received -- you said

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Ellen Grauer Court Reporting


(212) 750-6434

BSA XMAX(3/53)

GARY SUSON
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you're a firefighter. Have you received any


training that's offered by the fire department?
A. Yes, I have.
Q. Was that the standard probationary
training or did you receive any additional
training?
A. Firefighters receive training
throughout their career. So I received
training for -- I now have 19 years on the job.
Certainly for the first 14 and a half years
when I was active in the firehouse before I was
elected the president, I received ongoing
training.
Q. You said your current position is
president of the Uniformed Firefighters
Association; is that correct?
A. Yes.
Q. Where is that union located?
A. Our offices are at 204 East 23rd
Street in New York.
Q. And when were you first elected to
that position?
A. In August of '02.
Q. In general, if you could just

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We were on most of the major


channels last night and the Daily News and the
Post and many other papers today.
Q. Do you have conversations with
reporters that aren't in the context of a press
conference, one-on-one?
A. One-on-ones as it relates to issues
that concern firefighters?
Q. Yes.
A. Yes.
Q. You said you were elected in August
of 2002 to the UFA. Prior to that time period,
what position did you hold?
A. New York City firefighter as I am
now.
Q. Certain class?
A. First grade.
Q. What engine and firehouses?
A. Engine 236 in East New York in
Brooklyn.
Q. And when did you start at that
particular firehouse?
A. I was appointed in February of
1988. I was assigned there in April of 1988.

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

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describe the duties and responsibilities of the


president of the UFA?
A. They're pretty expansive, negotiate
contracts, protect workers rights, do media as
it relates to issues concerning firefighters
and a host of other things, grievances.
Q. You mentioned doing media. Do you
have frequent contact with, let's say,
reporters?
A. I do.
Q. How often would you say you speak
with reporters?
A. I would say on a -- depending on
the circumstances, it can be very often, but I
would say on a -- certainly on a weekly basis
we're dealing with the media on one topic or
another.
Q. And you directly speak with the
media in those instances?
A. Yes, and if you watched the
telecast last night or read the papers this
morning the UFA was involved in a -- we
actually had a media briefing yesterday as it
relates to an issue with the fire department.

Ellen Grauer Court Reporting


(212) 750-6434

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Q. So, you stayed there during your


entire career as a firefighter prior to being a
elected to the UFA?
A. Absolutely, and I still am assigned
to that firehouse.
Q. And as on September 11th you were
assigned to that firehouse as well?
A. Yes.
MR. LEFKOWITZ: When you say
September 11th, I assume you're talking
about 2001?
MR. CONTI: 2001, yes.
Q. So, you have not ever been a fire
officer; is that correct?
A. That's correct.
Q. Could you do me a favor and please
go over the ranks in the fire department?
A. Above firefighter is lieutenant,
then captain, then battalion chief, then deputy
chief, then staff chiefs. When you get to the
rank of staff chiefs, those are appointed. All
the other ranks are by a promotional exam.
Q. Prior to 1988, did you hold any
other positions relating to firefighting?

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BSA XMAX(4/54)

GARY SUSON
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A. No.
Q. Could you just briefly tell me who
comprises the membership of the union, is it
every firefighters in the city of New York?
A. Every firefighter of the City of
New York is a member of the Uniformed
Firefighters Association which is the union.
The elected officials of the union are really
11 members, five borough trustees elected by
the members of each borough, so i.e. Brooklyn
elects the Brooklyn trustee. There are five
citywide officials; president, vice president,
treasurer, recording secretary and sergeant at
arms.
And there is a fire marshal
representative, the 11th, which represents only
fire marshals which are also part of my union.
Q. When you say you have been
president since 2002, do you remember the exact
date that you were elected?
A. I took office effective August 1,
2002. I was elected sometime in July.
Q. How long are those terms?
A. Three year terms.

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A. Yes.
Q. And how many people are on that
executive board?
A. That's the 11 people that I
mentioned earlier.
Q. It would be the five borough
trustees, the president, vice president,
recording secretary, treasurer, health and
safety/sergeant at arms and the marshal
representative; is that correct?
A. Yes.
Q. As best you can recall, do you
remember who held those positions when you
first started as UFA president in August of
2002?
A. Yes. When I first took office in
August 2002, I was the president, Jim Slevin
was the vice president as he currently is.
Phil McArdle was the sergeant at arms, Kevin
McAdams was the treasurer. And Joe Miccio was
the recording secretary. The borough trustees
were Bob Straub, Bronx trustee; John Kelly,
Brooklyn trustee; Rudy Sanfilippo, Manhattan
trustee; Tom DePalma, Queens trustee; and Don

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

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Q. So, then did you run again in 2005?


A. I did and I was reelected.
Q. Sworn in again on August 1, 2005?
A. Yes.
Q. I take it there's another election
scheduled in July of 2008?
A. There's another election scheduled
next year, yes.
Q. Will that be in July?
A. It actually may be moved up because
the consultation has some mandates about
contracts, but it will be sometime next year.
Q. Who was the president of the UFA
prior to you taking office in 2002?
A. Kevin Gallagher.
Q. Did you run against Mr. Gallagher
in 2002?
A. No.
Q. Did you run against another
candidates?
A. I ran against several candidates.
Kevin Gallagher was stepping down after serving
two terms. He was not running for reelection.
Q. Was there a UFA executive board?

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Ruland, Staten Island trustee. The fire


marshal rep was Ed Burke.
Q. In August of 2005, I'd like a
rundown of the folks who held those same 11
positions.
A. I was the president, reelected
president, Jim Slevin, vice president; Bob
Straub, treasurer; Bill Romaka, health and
safety/sergeant at arms; Joe Miccio, recording
secretary; Lester Layne, fire marshal rep;
trustees, John Kelly, Brooklyn; Don Ruland,
Staten Island, Steve Humenesky, Queens; Ed
Brown, the Bronx; and Dan Murphy, Manhattan.
Q. Of all those individuals you just
listed, are they all still currently in office?
A. Yes.
Q. And have been since August of 2005?
A. Yes.
Q. As president, are you responsible
to the board?
A. Yes, I am.
Q. How do you interact with the board,
are you head of the board, are you a voting
member of the board?

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BSA XMAX(5/55)

GARY SUSON
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A. As president I have, as designated


by the UFA constitution, certain rights and
responsibilities. We hold regular board
meetings to discuss issues relating to the
board and to the firefighters in the field.
That is an opportunity for individual board
members to raise issues of concern in any
manner, shape or form. They can call for votes
on topics that may need a vote for the board to
decide on actions, but the board acts as a
unit.
I don't independently act. As the
president I'll have my say in what I believe we
should do, but in the end, the board votes on
certain kinds of actions.
Q. Is there a way to determine what
kinds of actions require a board vote and what
kinds of actions you might be able to make on
your own?
A. I would say that that is probably
outlined -- I don't have a copy of the
Constitution with me, but that is clearly
outlined in the UFA constitution and if there
are any questions about those actions, we refer

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contract with the city, which means they are


not working in a firehouse or the fire marshal
is not working as a fire marshal rep. They are
full-time positions.
Q. Generally speaking, could you just
describe duties and responsibilities in the
trustee position?
A. The borough trustees?
Q. The borough trustee, yeah.
A. The borough trustee is responsible
for anything involving the members of his
particular borough, which can go from dealing
with disputes between firefighters and
management and/or officers. It can be dealing
with arrests, disciplinary actions.
MR. LEFKOWITZ: I'm sorry, you said
"arrests"?
A. Arrests and/or disciplinary
actions. Also there are other duties as
assigned by the constitution and any
assignments granted to them or given to them by
the president.
Q. So you will at times ask the
borough president to take certain actions?

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

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them to our attorney, Michael Block, who is the


general counsel and attends all board meetings.
So, if there is a dispute or a
concern about how we should be acting as it
applies to the constitution, our attorney will
advise us.
Q. You mentioned regular board
meetings, how frequently are those meetings?
A. Usually twice a month, sometimes
more often.
Q. Can any member call a meeting or is
it a set schedule?
A. The president can call a meeting at
any time, any board member can call a meeting
as outlined in the constitution. I think they
need to have a majority of the board agree that
a meeting should be held or an emergency
meeting. It would be described as an emergency
meeting.
Q. You mentioned a trustee position.
Is that a full-time position?
A. All of these 11 positions are
full-time positions. Each member of the union
is granted full release time as part of our

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A. Absolutely.
Q. Does the borough trustee have
certain authority to act on behalf of the
union?
A. Could you be more specific?
Q. Does the trustee have authority to
act on behalf of the union in a matter that
involves more than, say, just something in a
particular borough?
A. No.
Q. Do you know who Thomas Butler is?
A. Thomas Butler is the public
relations person employed by the Uniformed
Firefighters Association.
Q. Do you know where he works?
A. His office is in our building on
the third floor of 204 East 23rd Street.
Q. Does he have his own separate firm?
A. He does, Butler Associates.
Q. And he does the press relations for
the union?
A. He does.
Q. Does he -- how long -- do you know
how long he's worked for the union?

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A. He's worked there significantly


longer than I've been the president which is,
you know, over five years.
Q. He's been there for the entirety of
your tenure as president?
A. Absolutely, yes.
Q. Does he have authority to comment
on behalf of the union on certain matters that
are pertinent to the union? I mean by
"comment" to the press?
A. He does. Usually he will not do
that unless he's coordinated those statements
with me, but he does have the authority to
comment.
Q. So, is it fair to say he would come
to you for an issue that he had never spoken to
the press about before?
A. Yes.
Q. If there was an issue he had
already discussed with the press, in those
instances would he have authority then to speak
with the press about that particular topic?
A. Yes, he has latitude to comment
with the media on topics that he's already

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is a liaison between me and Tom on issues when


Tom can't get ahold of me or when there are
many things going on at once.
Q. You mentioned Jim Spollen, his
title is chief of staff?
A. I'm not sure what his title is. He
is my chief of staff and that's what I call
him. I don't know if he's got an official
title. He's a retired firefighter. He's
worked for me for several years in that
capacity.
Q. When did he start working for you,
if you recall?
A. 2004. Either late 2003 or early
2004 is my recollection.
Q. Generally, what kind of duties and
responsibilities does Mr. Spollen have?
A. He is an intermediary between me
and the board on a whole range of topics. It's
impossible for me to be available to talk to
all 11 board members at any given time.
If they have issues that they don't
want to bother me with, but they want to raise
they'll bring them up to Jim. He's also

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

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discussed with me, yes.


Q. How frequently would you say you
speak with Mr. Butler?
A. Virtually every day and sometimes
that's seven days a week.
Q. Usually in terms of Mr. Butler's
involvement, how does he get involved? Does
the press go directly to him or does the UFA
forward all calls to him if they initiate
there?
A. The media knows that he is our
public relations man and, as I said, he's done
this for a long time. So they -- if they want
to speak to me or they want a comment from the
UFA on a particular topic or they want an
interview with me, they will contact Tom.
Q. They pretty much always go through
Tom Butler if they want to get to you?
A. Absolutely.
Q. And if Mr. Butler is not available,
are there any people on staff at the UFA that
handle press calls or alternative people?
A. He has his own staff. I also have
a chief of staff, his name is Jim Spollen, who

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actively involved in our public relations. He


sits with me and Mr. Butler.
His role is pretty expansive and
the main function is to make it easier for me
to get through the day and get all the things
that we need to do done.
Q. Does he at times, Mr. Spollen,
speak with the press?
A. Not -- no.
Q. You mentioned Michael Block. You
said he is the general counsel for the UFA?
A. Yes.
Q. Do you know how long he's been the
UFA's general counsel?
A. I believe it's over 20 years.
Q. Does Mr. Block speak with the press
on behalf of the UFA to your knowledge?
A. He may on rare occasions. It is
only as it relates to legal issues.
Q. And as it relates to legal issues
does he have authority to speak with the press
on behalf of the UFA?
A. He does. As a general rule he will
always speak with me, but he certainly has my

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(212) 750-6434

BSA XMAX(7/57)

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authority to do that if he believes it's


appropriate.
Q. Do you collaborate much with the
Uniformed Fire Officers Association?
A. We certainly do on some topics. I
don't know how to describe it in terms of how
often we do, but we have clearly a working
relationship. Many of the issues that are
important to us are important to them,
squabbles that we may have with the fire
department usually relate to firefighters and
fire officers.
So, in general, I would say the
answer is yes. I don't know how frequently we
do, but the answer is probably yes.
Q. Do you make joint announcements at
times?
A. Yes, we do.
Q. Joint press releases?
A. Occasionally.
Q. In general, did you have a good
working relationship with Peter Gorman, the
former president?
A. Yes.

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A. I was off duty. I came in from


home. I did what most firefighters did, went
to the fire house, grabbed their gear and then
made our way into Manhattan.
Q. And on that day, did you
participate in the rescue efforts going on?
A. Yes. Like everybody else, I was
involved in trying to make -- make some impact.
Q. Were you working -- what area
generally were you working in on 9/11, if you
recall?
A. You know what, I'm not really sure.
I'm trying to remember 9/11 versus 9/12 versus
9/14 and 9/15 and, to be honest, it's kind of
hazy as to where I was on that first day.
Q. Generally speaking, say the week
after 9/11, were you at Ground Zero?
A. I was there very often for the
first two months.
Q. Would you say you went every day?
A. No. I would say up until November
10th, I was there at least every other day.
Q. And generally what kind of duties
and responsibilities were you undertaking at

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

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(1)

Q. Who is the current president of the


UFOA?
A. Jack McDonald.
Q. Do you work with him at this point?
A. Yes.
Q. Would you describe your working
relationship as amicable?
A. I would say it's very good.
Q. Do you know what the term Ground
Zero refers to?
A. Sure.
Q. Could you describe that for me?
A. Ground Zero is a term that's used
to refer to the site where the World Trade
Center once stood in the aftermath of its
destruction. A lot of people refer to that
site as Ground Zero.
Q. Have you ever been to Ground Zero?
A. Yes.
Q. Do you recall your first visit to
Ground Zero, was it on 9/11/01?
A. It was on late 9/11.
Q. Would you briefly describe the
nature of your work on 9/11 --

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that time?
A. Well, prior to 9/11 I had been
assigned light duty at headquarters due to an
injury, two injuries that I suffered when I
fell through a floor at a fire. I was working
for the public information office so I was
working at Ground Zero for public information,
trying to coordinate in the first week
communications between headquarters and staff
chiefs.
In the first few days, there was no
cell phones that were working. It was very
much like the Pony Express.
And in the weeks that followed, as
communications got better, I was there dealing
with the media in some kind of backup role.
Q. Were you working at that point with
Frank Gribbon?
A. Yes. He was the -- I'm trying to
think what his title is, but he's in charge of
public information for the city. I think he's
assistant commissioner for public information.
I was working for his office.
Q. In addition to helping with

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communications, did you participate at all in


the rescue and then later recovery efforts that
were taking place at Ground Zero?
A. I did. Some on 9/11 and 9/12 and
then on some of my off time.
Q. Did you participate in any of the
digging through rubble at Ground Zero, breaking
through rubble?
A. As I said in the first few days,
yes, but then later on on some of my off days,
yes.
Q. Do you know of any rules or
procedures that were in place during the
recovery efforts at Ground Zero in terms of how
the recovery was supposed to proceed?
A. Are you talking about -Q. The logistics in terms of sifting
through material and where items were supposed
to go and what you were looking for?
A. In the beginning it was merely a
bucket brigade. When we believed we still had
an opportunity to rescue people who may have
been trapped, you know, the actions were, I
think, entirely different and more haphazard

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station is?
A. The transfer station?
Q. Yeah, it's a term called transfer
station in reference to Ground Zero?
A. I don't know what you mean by that.
Q. Okay. Do you know where everything
at Ground Zero was taken after it was taken off
site?
A. No, I don't know.
Q. Have you ever heard of Fresh Kills?
A. Oh, Fresh Kim's landfill. I do
know that much, I don't know if all, of the
material after it had been sifted through was
taken to Fresh Kills.
Q. During your time working at Ground
Zero, generally how long were the shifts?
A. In the -- in the first -- I would
say in the first few weeks the shifts were 24
hours on, 24 hours off.
Let me back up. In the first week
to ten days there were 24 hours on, 24 hours
off. Then I think the department shifted to
maybe twelve-hour shifts. You know, to be
honest, I can't remember. They did change

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

(1)

than later on when it was deemed that it was


too late and it was a recovery effort, which
was more structured.
Q. During that recovery effort which
was more structured, can you describe how
material was moved through Ground Zero and
eventually removed from Ground Zero?
A. Firefighters were working in
conjunction with iron workers and other
construction workers to ensure that material
was removed -- we searched for remains and when
we were clear there were no remains, then it
was removed from the site.
Q. Do I know if there are any rules or
procedures regarding the people who were
working there removing any items from Ground
Zero?
A. Well, everyone was told that
anything that was found was to be put aside,
any remains or any items or any personal
effects were to be put aside and would be, you
know, viewed by the fire marshals and the
police department. They wanted them.
Q. Do you know what the transfer

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their chart. In the first few weeks it was -definitely guys were there for extended periods
of time.
Q. And when you're doing the
communications work, were you set up at some
kind of a command post near Ground Zero or
where in general were you working?
A. It wasn't that structured, to be
honest. You know, when we had -- I want to say
maybe day four or five, when we had cell phones
that were working, you would just go wherever
they needed you to go and it may have been
simply to find a particular chief and get an
update on a report that came in.
There were many, many rumors
circulating about people being found, items
being recovered and. So, the public
information office needed to be able to respond
to the media and one of the ways they needed to
do that was to verify whether or not
information that they were hearing from
reporters was true. One of the things that
they had asked me and others to do is find a
particular chief or track down a particular

www.ellengrauer.com

Ellen Grauer Court Reporting


(212) 750-6434

BSA XMAX(9/59)

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story and find out whether any of this was, in


fact, true.
Q. After the first couple of weeks
when the rumors started to subside just a
little bit, what types of duties did you
perform in terms of communications at the site?
A. I was not the lead guy there, but
the role was to set up interviews with
reporters and either commanders that would give
them an update on where we were in terms of
progress. That was -- that was mainly what we
did and also one of the things we did was try
to keep media out of the site, people who
continued to find a way to sneak in. If we
found them, we had to throw them out.
Q. Were there other people in addition
to media who tried to get into the site?
A. Yes.
Q. Were you involved in removing those
individuals as well?
A. I wasn't involved in removing those
individuals, but we pointed them out to people
and if they were not New York City firefighters
or police officers and they weren't supposed to

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Q. As a firefighter, did you encounter


these crime scenes?
A. Absolutely.
Q. Are you allowed to disturb a crime
scene?
A. No, you're not.
MR. LEFKOWITZ: Object to the form.
Q. Are you allowed to take any items
from a crime scene?
MR. LEFKOWITZ: Object to the form.
A. No.
Q. Do you know whether or not Ground
Zero was considered a crime scene?
MR. LEFKOWITZ: Objection.
A. Yes, it was.
Q. Do you know whether or not an
agency ever designated it a crime scene?
A. If an agency ever designated Ground
Zero as a crime scene? Yes, the police
department did.
Q. Do you know what the term artifact
means in reference to Ground Zero?
A. No.
Q. How about remnant, the term

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

(1)

be in there, they were to be pointed out and


asked to be removed.
Q. So, you were on site noticing these
people and that's how you participated?
A. Absolutely.
Q. After, I think you said it was
November 10, 2001, did you return to Ground
Zero at any point?
A. No. I -- I think it was around
November 10th that I had surgery on my hand. I
was out of work for probably six weeks and
never went back in any substantial way. I went
down a few times on my own, but never went down
in any substantial way.
Q. Are you familiar with what a crime
scene is?
A. Yes.
Q. Would you just describe generally
what a crime scene is?
A. I don't know what the technical
definition is, but I would say a crime scene is
an area where a crime has been committed and is
cordoned off or deemed to be cordoned off while
evidence is gathered.

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remnant?
A. Remnant, I'm not sure what you mean
by that.
Q. How about victims' personal
belonging?
A. I know what you mean by that, yes.
Q. What would you describe that as?
A. Anything that was being carried by
any one of the victims who was killed in the
terrorist attack, i.e., clothing, wallet,
pictures, money, watches, jewelry, any of those
things.
Q. Do you know whether or not there
are any policies in place for workers at Ground
Zero as to removing items from Ground Zero,
meaning for their own personal use as opposed
to going for the landfill?
A. Yeah, absolutely, prohibited.
Q. Were private citizens who were
involved in some way in the efforts at Ground
Zero allowed to or have the authority to remove
any of these items from Ground Zero?
A. No.
Q. Did they have the authority to

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remove anything from Ground Zero that was not


their own personal property?
A. No.
Q. Do you know whether or not any FDNY
employee or official had any authority to allow
an individual to remove any item from Ground
Zero?
A. I do know, and the answer is no,
they weren't allowed to. They didn't have the
right to give that authority.
Q. Do you know the name Brian
Bonsignore?
A. No.
Q. Just to be clear, would an FDNY
lieutenant working at Ground Zero have the
authority to allow another individual at the
site to remove any item from Ground Zero?
A. Absolutely not.
Q. Have you ever heard the name Samuel
Brandon?
A. No.
Q. Have you ever heard the name Gary
Suson?
A. Yes.

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A. Yes.
Q. Do you recall when this board
meeting took place?
A. No.
Q. Do you recall the year, generally?
A. It could have been late 2002, but
it was probably sometime in 2003.
Q. Do you recall why Mr. Sanfilippo
had brought this issue to the attention the
board?
A. The first time that I heard his
name, I don't know if that's when he raised
this topic, but he subsequently, if he didn't
do it at that point in time, raised it to say
that the UFA had granted Mr. Suson the mantle
of official photographer of the Uniformed
Firefighters Association.
Q. You don't recall whether or not he
said that at that board meeting?
A. He said it at a board meeting. I
don't know if he said it at the first board
meeting that I remember him mentioning this.
Q. The first time that he mentioned
this at a board meeting, do you recall why he

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

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Q. Do you recall when you first heard


the name Gary Suson?
A. Not specifically. I would say
sometime in late 2002 or early 2003.
Q. It was sometime after you became
UFA president?
A. Yes.
Q. Do you have any recollection as to
who first mentioned Mr. Suson to you?
A. Yes, the Manhattan trustee at the
time Rudy Sanfilippo.
Q. Do you recall what Mr. Sanfilippo
said to you?
A. His name came up -- I don't
remember the specifics, but he came up in a
board meeting where he had recounted his
relationship with Mr. Suson and said that he
was a friend, someone that had been down there
taking photographs, and was -- how do I
describe it -- was working on behalf of
firefighters to tell the story of 9/11 and the
recovery efforts.
Q. When you say "down there," do you
mean Ground Zero?

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brought up Mr. Suson's name at all?


A. No.
Q. Do you recall if he asked the board
to take any kind of action?
A. At some point in time, he was -- he
was looking for us to grant Mr. Suson that -that mantle, you know, give him something in
writing saying that he was the official
photographer of the Uniformed Firefighters
Association.
It was discussed at a board
meeting. Nobody knew who Mr. Suson was. Our
decision was to not grant him that simply
because it was too broad. It implied that
anything that he did was okay with the
Uniformed Firefighters Association. We
generally don't give endorsements or
recommendations like that and so the board
decided not to do that.
Q. And, again, the title or mantle
that he was asking for was what?
A. My recollection is official
photographer of the Uniformed Firefighters
Association.

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GARY SUSON
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Q. Do you recall any other individuals


speaking during any of these board meetings
where Mr. Suson was discussed?
A. Well, there was a discussion among
many of the board members about whether or not
this was a good thing or not a good thing. Our
general counsel, Mike Block, weighed in and in
the end after a free-flowing discussion we
decided in a vote that we would not grant that
title as official photographer of the Uniformed
Firefighters Association to Mr. Suson.
Q. And again that was sometime -actually, for this particular vote, do you have
any recollection as to when that took place?
A. I don't. I mean, I don't want to
guess, so I'm going to say I'm not sure
exactly.
Q. Any idea as to the year, perhaps?
A. I would say -- you know, sometime
in 2003, but I guess it's possible it was 2004,
but I'm not sure. I'm not sure when this
controversy really erupted.
Q. Do you recall if anyone other than
Mr. Sanfilippo was in favor of granting this

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Q. Have you ever received any


communications of any kind from Mr. Suson in
written form?
A. Yes.
Q. Do you recall generally what those
were?
A. Well, I can't give you specifics,
but the general theme was we got letters -- I
received letters from him, you know, protesting
that we didn't grant him this title and that he
had already been granted this by a previous
board and implying that I must have had
something against him when nothing could be
further from the truth.
Q. Do you have any knowledge whether
or not the previous board had discussed
Mr. Suson at all?
A. Well, what I was told by the
previous president, Kevin Gallagher, was there
apparently was a letter that had his signature
on it. He said he did not sign it. It was a
stamped signature and that he, nor the UFA, had
ever granted this quote unquote title, official
photographer, to the UFA to Mr. Suson.

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

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designation?
A. I don't believe anybody else was.
Q. Again, that's the 11 member board;
is that correct?
A. Let me clarify one thing. On the
11 member board, the fire marshal rep doesn't
get to vote. It's a ten member board. The
president only votes to break ties.
Q. You didn't vote?
A. I would only vote to break a tie
and it was not necessary for me to vote.
Q. Before today, have you ever met
Mr. Suson in person?
A. I don't believe so.
Q. Do you recall if you've ever spoken
with him on the telephone?
A. I think that's possible that I have
spoken to him, but I don't recall any
specifics.
Q. Do you recall whether or not he
might have called you and left any voicemails
or anything like that?
A. I don't recall any specifics about
that, but it's possible.

Ellen Grauer Court Reporting


(212) 750-6434

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Q. Do you know if Mr. Suson had access


to Ground Zero during the recovery period?
A. I never saw him there, but based on
photographs that apparently he has taken, he
obviously did have access.
Q. Do you have any idea how he was
allowed access to Ground Zero?
A. I only know what I was told. I was
told that Mr. Sanfilippo helped to facilitate
that for him.
Q. Who told you that?
A. Mr. Sanfilippo told me that.
Q. I'm going to ask you to look at
certain exhibits that are in these binders
here. The first one is going to be on that
top -- and by the way, if you need a break at
any time, we've been going for an hour, just
let me know.
A. I'm okay.
Q. You'll see on the right there are
numbers, pages in between are numbered. Those
are sequential exhibits. I'm looking for
Exhibit 11.
A. (Reviewing.)

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Yes, I've read it.


Q. Have you ever seen this letter
before?
A. Yes, I have.
Q. Do you recall when the first time
was that you saw the letter?
A. Not specifically, but back during
this -- the first time Mr. Suson's name came
up, this letter was shown to me as -- I believe
by Mr. Sanfilippo that he had already been
granted this access, quote unquote this title
that he was looking for.
Actually, the letter doesn't grant
him a title. It's just a de facto endorsement
of some kind.
Q. Do you recall whether or not
Mr. Sanfilippo asserted that the letter did
grant him the title?
A. He -- he wanted us to grant him
that title as the official photographer of UFA.
Q. "He" being Mr. Sanfilippo?
A. Mr. Sanfilippo. He pointed to this
letter as the reason we should do that. One of
the first things I did was call Mr. Gallagher

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president of the UFA for some 20 years. She


told me she didn't draft this letter and she
did not put Kevin's stamp on that letter.
So no one connected with the office
of the president knew of this letter or either
stamped it or signed that letter. And, as I
said, Mr. Gorman told me point blank the reason
he signed it was because Rudy brought it to
him, showed it to him and said Kevin is okay
with this.
Q. Do you know whether or not there
was any effort to search to see if the UFA had
a copy of this letter in its files?
A. I think we did make a search and
didn't have a copy.
Q. Do you recall Mr. Gorman mentioning
anything else about the letter when you asked
him about it other than the fact of the
circumstances under which he signed it?
A. Well, what he said to me was
that -- in April of 2002 we were still in the
midst of a catastrophe. There was much work to
be done for the families of 343 firefighters.
This didn't seem like an important fact. He

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

(1)

and Mr. Gorman. Mr. Gallagher said that -after reviewing it, said that that's a stamp.
It's not his signature. He never stamped that
letter or authorized that it be stamped.
When I spoke to Mr. Gorman, he said
Rudy Sanfilippo showed up at his office with
this letter with Kevin Gallagher's name on this
side. The letter already drawn up and asked
Pete to sign it. He said -- Pete told me that
he signed it because he thought that if it was
okay with Kevin, it was okay with him.
Q. Did you ever discuss with Mr.
Sanfilippo whether or not he knew how it came
to be that Mr. Gallagher's signature or stamp
ended up on the letter?
A. No.
Q. Do you know, other than bringing
the letter to Mr. Gorman, what role
Mr. Sanfilippo played in either writing or
procuring the letter?
A. I don't. I know that the
secretary -- the presidential secretary for the
UFA who is Fern Iodice, who was Kevin's
secretary. She's been the secretary for the

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wasn't going to pick up the phone and call


Kevin and have a discussion. He saw Kevin's
signature on it. He read the letter. He
didn't think it was a big deal. He signed it.
Q. Did he mention whether or not he
had heard the name Gary Suson?
A. I don't recall him ever saying he
knew or did not know Mr. Suson.
Q. How about Kevin Gallagher, do you
recall whether or not he said he knew the name
Gary Suson when you asked him about the letter?
A. To be honest, I don't know what
Kevin said about that. I don't know if he ever
raised that topic. He just was very clear that
he absolutely did not sign this letter. It's a
stamp and he did not authorizes it to be
stamped.
Q. Did you send the letter to
Mr. Gallagher at some point so he could review
it?
A. Absolutely.
Q. When he reviewed it, did he tell
you whether or not he had ever seen it before?
A. He said he had never seen it before

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and he made clear it wasn't his signature. It


was a stamp and he did not authorize it to be
stamped and, again, as I said earlier, that's
when we discussed it with his secretary, who is
not my secretary and she said absolutely she
did not stamp it.
Q. In the context of when you made
these efforts to investigate the letter, was it
because Mr. Sanfilippo brought it to your
attention or some other reason?
A. Yeah, it was because Mr. Sanfilippo
brought it to our attention. He was trying to
secure from the UFA some endorsement for
Mr. Suson as the official photographer of the
UFA.
He used this as his argument that
we had already, you know, agreed to support
Mr. Suson in some way down at Ground Zero. So
with a little research we found out that the
former president said it's not true. And that
Pete Gorman, the president of the Fire
Officers, said he only signed it is because
Rudy brought it to him and it had Kevin's
signature on it.

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A. You know, to be honest, I'm not


sure of the answer. It's possible we do, but
I'm not sure.
Q. Do you have a stamp of your
signature that's been made?
A. There is a stamp of my signature.
I don't have it. My secretary has it.
Q. Do you know if there's one stamp or
more than one stamp?
A. I don't know the answer to that.
Q. Generally, who would be authorized
to use the stamp that your secretary has?
A. Only she would. There is a stamp
of my signature that is used by the treasurer's
office for checks that require my signature and
there is a procedure in the UFA that there are
three signatures required for checks over
$5,000 and in some cases a stamp can be used.
The three signatures are the president, the
treasurer and the chairman of the board of
trustees.
So some -- there is a stamp for
each one of those people. I think that stamp
is different from the one that my secretary

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

(1)

Q. And it was Mr. Sanfilippo who gave


you a copy of the letter the first time?
A. Yes.
Q. Do you have any idea who generated
the letter, actually wrote the letter?
A. No.
Q. Would a letter with a joint
announcement by the two unions be typical,
something that's done with frequency?
A. We have letterhead that says this,
Uniformed Fire Officers and the Uniformed Fire
Firefighters. We have joint stationery so that
if we are going to put out an announcement that
the UFOA is going to join us in, we can do that
without having to send it down to them and back
and forth.
They have the same joint stationery
so if they're going to put out an announcement
that we're going to support them in and we
agree that it's a joint thing, they can print
it up and send it out themselves.
Q. In those instances, you don't have
a stamp of the signature of the president from
the UFOA, do you?

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has.
Q. Generally, do you know whether or
not they ever stamp your name without your
knowledge; "they" being the secretary or the
treasurer?
A. I think the answer to that is
probably they do on occasion.
Q. You mentioned Rudy Sanfilippo. You
worked together at the UFA, right? He was the
Manhattan trustee?
A. Yes.
Q. Did you have a good working
relationship?
A. I would say no.
Q. And why is that?
A. It just wasn't. It was adversarial
from the beginning. I can't really give you
any details as to why it was that way. It just
was.
Q. Is there any incident that took
place to cause that initially?
A. Well, when I ran for president the
first time he campaign pain and supported the
person that I beat in the election.

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Q. So, the first time you ran, just to


be clear, was in July of 2002?
A. Yes.
Q. Do you remember what was the name
of the opponent?
A. Bill Mirro.
Q. Did anything else happen between
you and Mr. Sanfilippo to cause any kind of
problems?
A. After I was elected president, he
wanted to be the chairman of the board, which
is a position -- the chairman of the board is
elected by the five borough trustees. That
particular person represents them as a group
and sits on the fire department pension board,
which involves both investments and disability
issues.
He wanted that position. He did
not win that election internally and I think he
blamed me.
Q. Did he believe you were opposed to
him getting it?
A. Well, I didn't want him to get the
position, but I didn't have any votes, so --

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it at an executive board meeting with the


people that he works with every day.
Q. In order to initiate formal charges
does he just -- how does that procedure work?
A. You know, I'd have to look at the
constitution to refresh my recollection. But
he had to notify me. He had to put them in
writing. He had to announce it at a union
meeting. There are some protocols for it, but
as I said what he didn't do was he never
discussed it with anybody on the executive
board before he did it.
Q. And then is there a body that looks
into it and investigates it?
A. Well, the answer is that the
membership would vote on the charges.
Q. And did that take place in this
instance?
A. It did. He withdrew either one or
more than one of the charges and whatever ones
that were remaining were voted down.
Q. Do you recall generally what kind
of a vote was it? Was it -A. It was virtually unanimous.

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

(1)

Q. Did Mr. Sanfilippo at any point


ever file formal charges against you?
A. He did. He tried to have me
impeached.
Q. Do you recall when that was?
A. I would say shortly before my
election in 2005. So it could have been early
2005 or late 2004.
Q. What generally was the nature of
his complaint against you?
A. He had three or four charges. I
can't remember the specifics. They were
frivolous. They were all dismissed.
Q. And by formal charges, is there a
procedure to deal with that at the UFA?
A. There is. There is a procedure to
file impeachment charges that is written in the
constitution. I will say that he never brought
any of his concerns ever to a board meeting
where the elected members of the board could
have debated whether or not there was any merit
to that.
What he did was file charges and
raise it at a union meeting, having not raised

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Q. Do you have any recollection as to


whether or not this procedure was before or
after Mr. Sanfilippo approached you with
Exhibit 11?
A. It's after.
Q. After?
A. Absolutely.
Q. After the filing of these charges,
did you have much interaction with
Mr. Sanfilippo?
A. Not really, not much.
Q. Again, you believe it was pretty
close to the next election in 2005?
A. It was. It was leading into that,
for sure.
Q. In addition, you have testified
that you spoke to Mr. Gorman and Mr. Gallagher
and you spoke to the secretary Fern and that
somebody made a search for the letter.
Do you recall whether or not you
took any other steps in terms of verifying or
researching this letter?
A. Well, other than reporting to the
executive board what I had found and what I was

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BSA XMAX(15/65)

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told by both Mr. Gallagher and Mr. Gorman.


Q. And when you reported to the
executive board was it at the meeting where
Mr. Sanfilippo was trying to get Mr. Suson to
be appointed?
A. It was either that meeting or the
subsequent meeting where the topic was still on
the agenda. This may not have been resolved in
one meeting. As a matter of fact, the more I
think about it, I'm sure it dragged on for a
period of time while both Mr. Gallagher and
Mr. Gorman were spoken to, a search for the
document was done, my secretary was
interviewed. So I'm sure it was at least over
two meetings.
Q. When you say your secretary was
interviewed, was that by you?
A. By me and I believe also by Mike
Block, my attorney.
Q. After the investigation was done,
is that when the vote was taken?
A. Yes.
MR. CONTI: If you don't mind,
let's just take a short break at this

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is that correct?
A. Yes.
Q. Do you know whether or not there
are minutes that reflect any discussions
regarding Mr. Suson?
A. I haven't looked at the minutes
from, you know, back then, but there should be
minutes.
MR. LEFKOWITZ: Are you moving on
to another topic now?
MR. CONTI: Yeah.
+ MR. LEFKOWITZ: Before we do
that, I want to put on the record, please
look for minutes of these board meetings.
THE WITNESS: I absolutely will.
It never even crossed my mind to do so.
Q. So, you've testified that it came
up before the board. Was Suson ever the
official photograph at Ground Zero for the UFA?
A. No.
Q. Has the UFA ever had an official
photographer at Ground Zero?
A. No.
Q. Has the UFA ever had an official

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

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time.
(Recess taken.)
Q. Mr. Cassidy, earlier you testified
that the board, the UFA board, discussed
Mr. Suson on a couple of occasions?
A. Yes.
Q. Are there minutes of those
meetings?
A. There should be and one of the
things I said earlier I wanted to clarify. I
said there was a vote. There certainly was a
discussion of the topic. I can't be certain it
was a vote because it may have been that
Mr. Sanfilippo couldn't even get a second to
have a vote, so there may not have technically
been a vote not to do this.
It's my belief that there was a
vote and we voted not to do it, but certainly
the action was the board had decided not to
grant Mr. Suson the title of official
photographer for the UFA, which Mr. Sanfilippo
was trying to secure for him.
Q. And, again, minutes are kept as a
regular course of business for these meetings;

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photographer in general?
A. No.
Q. I'd like you to turn to Exhibit 24
which is going to be in that same binder there.
A. Yes.
Q. If you could take a look at that.
A. Okay. (Reviewing.)
Okay.
Q. Have you ever seen this document
before?
A. I don't recall ever seeing it
before.
Q. Are you familiar at all with the
dispute that's described in this letter?
A. Mr. Butler has told me that it's
his belief that Mr. Suson is talking about
somebody else, has him mistaken for somebody
else.
Q. Does Mr. Butler know who that other
person is?
A. No.
Q. Do you know whether or not Tom
Butler spoke with the Associated Press on
August 28, 2005 as is asserted in the first

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sentence of this letter?


A. I don't know. I know that there
was things going back and forth as it relates
to this museum workshop or something that
Mr. Suson was doing where we were called for
comments and Mr. Butler may have commented.
Q. Do you recall whether or not you
ever spoke with Tom Butler in August of 2005
about Gary Suson?
A. Mr. Butler was, in the scheme of
things, briefed as to what the board had
decided about this topic. He had discussions
with me and with other board members and
certainly with Michael Block, our counsel, as
to what the UFA board's decision was, about
what research we had done into the previous
letter that has Mr. Gallagher's stamp and
Mr. Gorman's signature.
So, Tom was aware of what had
transpired and what the UFA had decided in
relationship to whether or not we were going to
grant Mr. Suson the title of official
photographer for the UFA and, so, he was
clearly up-to-date on all of that.

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Q. Do you see that?


A. Yes.
Q. Is that accurate?
A. No.
Q. If you could turn to Exhibit 25.
A. Okay.
Q. It's a one-page document. It
should say "Fax to James Spollen."
A. Yup.
Q. If you would just review that.
A. (Reviewing.)
Yes.
Q. Do you recall if you've ever seen
that document before?
A. No. I don't recall ever seeing
that letter.
Q. Read the first sentence, "If
Mr. Butler has any concerns over the legitimacy
or the purpose of anything that I am doing, I
would ask that he contact me directly as
opposed to calling major media to give what can
only be deemed as 'misinformation.' It is
humiliating and counterproductive for all
parties involved."

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

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(1)

Q. As of August 2005 had the board


already made a determination?
A. Yes.
Q. Do you recall how much earlier it
had been? Was it a year?
A. You know, I'd be guessing. I think
it's a year earlier, but to be honest, I can't
recall exactly.
Q. Do you recall whether or not
Mr. Butler was briefed on this at the time it
happened or in reference to any of inquiries
that might have come in in August of 2005?
A. No, he was certainly briefed on it
as it happened.
Q. Do you recall one way or the other
whether or not Mr. Butler had contacted you in
August of 2005 saying that there had been press
inquiries related to Mr. Suson?
A. I don't remember him specifically
doing it, but I'm sure he did.
Q. In the first line of the last
paragraph Mr. Suson states, "I was the official
photographer at Ground Zero for the UFA."
A. I see that.

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Do you know what Mr. Suson is


referring to in that statement?
A. No.
Q. Do you know as of August of 2005 if
the UFA had any concerns over the legitimacy of
Mr. Suson's museum or his assertion that he was
the official photographer for the UFA?
A. My recollection is that we received
inquiries concerning the museum. I believe
that is because he was displaying artifacts
that he either directly or indirectly got from
Ground Zero and when questioned about that, it
was noted that Mr. Suson was saying he was the
official photographer of the UFA.
It's my recollection that
Mr. Butler refuted that and maybe that's what
this letter is in reference to.
Q. Do you have any recollection as to
who brought Mr. Suson and his museum to the
attention of the UFA?
A. I think it was the media.
Q. What agency or news agency?
A. I think there was more than one but
I know for certain that the New York Post

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GARY SUSON
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brought it to our attention. Let me say this,


the New York Post certainly asked us to comment
on it. I think there were others, also.
Q. Prior to any New York Post inquiry,
do you know if any other New York media
entities had asked the UFA to comment?
A. Not specifically.
Q. Do you have any knowledge of
whether the Associated Press had asked the UFA
to comment?
A. I don't recall specifically, but I
wouldn't be surprised if it did.
Q. Do you have any knowledge whether
or not Mr. Butler sought out the media to
discuss Mr. Suson?
A. I don't believe he did.
Q. Do you ever speak with Mr. Spollen
about this document marked as Exhibit 25?
A. I remember -- I don't remember
speaking to him about this document, but I do
remember him commenting to me that Mr. Suson
had contacted him or sent him something. I
assume it's in reference to this.
Q. Do you recall the nature of any

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happened, but I remember him saying that they


were talking about doing that.
Q. Do you believe that came from
Mr. Butler?
A. No, that came from Lester Layne who
is the fire marshal rep.
Q. Do you know if any action was
ultimately taken?
A. I don't know. I don't recall.
Q. Do you know if Mr. Spollen
conducted any research or investigation once it
was brought to the UFA's attention that
Mr. Suson had opened a museum?
A. Say that again.
Q. Do you know if Mr. Spollen had
taken any actions in researching Mr. Suson or
the past issue, when the fact that Mr. Suson
was opening a museum came to the UFA's
attention?
A. I don't know the answer to that.
Q. Do you know if Mr. Butler conducted
any kind of investigation as to the details?
A. If you mean by "investigation" did
they discuss with either me or Mike Block as to

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

(1)

conversation with Mr. Spollen about Mr. Suson?


A. What Mr. Spollen had told me is the
same thing that Mr. Butler had told me, that
Mr. Suson had continued to refer to Mr. Butler
as having met down at Ground Zero and that both
of them believe that he's mistaken; that he
must have been talking about somebody else.
Tom Butler had said to me point
blank, "I never met the man before in my life.
I don't know what he's talking about."
Q. Do you recall who first heard that
Mr. Suson was opening a museum and brought it
to the UFA's attention?
A. I'm not sure.
Q. Do you recall having any
discussions with Mr. Butler in August of 2005
about Mr. Suson?
A. I'm sure we did, now that I'm
looking at these documents. I do recall that
our fire marshal representative, Lester Layne,
had said that the fire marshals were
considering going to arrest Mr. Suson for
having artifacts from Ground Zero.
I don't recall if that ever

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what was happening on this issue?


Q. Yes.
A. Or a rehash of what had previously
happened in terms of our decisions, the answer
to that is yes.
Q. But you don't recall the
conversations with either Mr. Butler or Spollen
in August of 2005 about Gary Suson?
A. Well, in this timeframe I remember
that this became -- this topic popped up again
when we were notified that Mr. Suson was
opening up this "museum." And it was, you
know, again, the same topic; his claim that he
was the official photographer for the UFA at
Ground Zero, which was not true.
So, other than the rehash of what
had gone on prior to that, whether a year
before or whenever, I don't know of any other
research into that.
Q. I'm going to have you quickly take
a look at Exhibit 152, which would be in that
second binder in front of you.
A. This one?
Q. Yeah.

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A. Okay.
Q. Quickly just review this one-page
document.
A. (Reviewing.)
Okay.
Q. Have you ever seen this document
before?
A. I haven't seen it, but -- not
before.
Q. It's a one-page document e-mail
from Mr. Suson to Jim Spollen and in the first
paragraph, "If you would be so kind as to ask
Mr. Cassidy to call me as soon as possible
regarding erroneous and slanderous remarks made
yesterday to the Associated Press from Tom
Butler, Re: Ground Zero museum workshop and
myself."
Do you recall whether or not
Mr. Spollen ever discussed this document with
you or this request from Mr. Suson that you
call him?
A. I do remember that he did speak to
me about being contacted by Mr. Suson now that
I read this e-mail. I don't believe I've read

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not going to have the title of official


photograph. It was past business. It was
done. The fact that it was back in the media
did not change our opinion or my opinion about
what we had already decided.
Q. I'm going to have you look at
Exhibit 26. You don't have to have read the
whole thing through, but if you could quickly
glance at it.
A. (Reviewing.)
Who is this to? Who is James,
James Spollen?
Q. It's a one-page document. At the
top it's a forwarded e-mail from Mr. Suson to
Mr. Butler but right underneath there's an
e-mail that shows it's from Ground Zero museum
to J. Spollen. It appears to be Mr. Spollen
and T. Farinela?
A. I got you. Let me just take a
quick look. (Reviewing.)
Okay.
Q. Is your e-mail address
scassidy@ufanyc.org?
A. Yes, it is.

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

(1)

it before, but I do remember having a


conversation with Jim Spollen about this.
Q. Do you recall what the nature of
the details of the conversation were?
A. Just him updating me that Mr. Suson
had e-mailed him and, you know, was a rehash of
what we had already decided. He continued to
say that he had been granted, you know, the
title of official photograph of the UFA, even
though we know that not to be the case and we
made that clear to him not to go forward with
saying that. It was just an update that, you
know, this topic was, again, on the -- in the
media.
Q. Right. Do you know whether or not
Mr. Butler spoke with the Associated Press as
Mr. Suson asserts?
A. I don't know that.
Q. And did you ever contact Mr. Suson
as he had requested?
A. No, I don't believe I did.
Q. Why is that?
A. This is an item that we had already
discussed as a board, had decided that he was

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Q. Do you recall whether you ever


received this document?
A. I don't recall ever receiving it.
Q. And you don't recall reading it
then, I suppose?
A. I definitely do not recall reading
it.
Q. Do you recall whether or not you
discussed the e-mail at all with anyone?
A. Again, I remember the topic being
discussed at this point in time that Mr. Suson
continued to say that he was the official
photographer of the UFA and that we, the UFA,
were saying that was absolutely not true, which
seemed to be causing much of this back and
forth in the media. That's my recollection.
Q. Right, I quote from the second
sentence, "I thought we had a very positive and
productive phone call yesterday and yet today I
heard shocking news from the New York Post.
The UFA stated to the New York Post, who is
making a routing" it should be "routine" "phone
call on fact checking that 'Gary Suson was not
the official photographer on behalf of the

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Uniformed Firefighters Association at Ground


Zero. In addition we are sending a cease and
desist letter to him."
Do you have any idea what Mr. Suson
is referring to in terms of a "very positive
and productive phone call yesterday"?
A. No, I don't.
Q. Do you know if Mr. Suson had spoken
to anyone at the UFA at the end of August 2005?
A. Well, I think it's -- it seems that
he had a conversation with Mr. Spollen.
Q. Do you know whether or not he did?
Do you know any details of any kind of
interaction?
A. I believe he did have a
conversation with Mr. Spollen because it was
clear to me that he wanted to speak to me.
From the previous exhibit he wanted to speak to
me, and Mr. Spollen, one of his jobs is to act
as an intermediary. I did not speak to him. I
guess he's referencing a phone call that he had
with Jim Spollen.
Q. Do you know any knowledge as to why
it might have been perceived as positive and

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Q. Do you recall receiving the letter?


A. Yes.
Q. Did you know that this letter was
being sent by Mr. Block before it went out?
A. Yes, I did.
Q. Do you know who made the decision
to make this -- to send this letter?
A. I did in conjunction with my
executive board.
Q. Do you know whether or not it was
discussed in a board meeting?
A. I don't remember if it was
specifically discussed at a board meeting, but
it was discussed with certain board members for
sure and I, as the president, certainly had the
authority to ask our attorney to send a letter
like this.
Q. So, the letter was sent under your
authority?
A. Absolutely.
Q. Why was this letter sent, what
motivated the letter?
A. Because this topic continued to
come up, that Mr. Suson was continuing to claim

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

Page 76
(1)

productive by Mr. Suson.


A. No, I don't.
Q. In the fourth paragraph down,
there's a sentence, "I will always be the
official photographer of record at Ground Zero
on behalf of the UFA/UFOA and nothing will
change that."
Is that an accurate statement?
A. No, it's absolutely not an accurate
statement.
Q. Could I have you go to Exhibit 27?
A. Yeah.
Q. Just review that letter.
A. (Reviewing.)
Okay.
Q. Do you remember ever seeing this
document before?
A. Yes.
Q. At the end of the document there's
a cc line to Mr. Steven J. Cassidy. Do you
know if it was sent to you?
A. I believe it was.
Q. Pull it out of the sleeve.
A. Yes, okay.

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that he was the official photographer for the


Uniformed Firefighters Association so we got to
a point in time where just having said -having thought that we resolved this issue
earlier by making clear at a board meeting that
he was not and allowing Mr. Sanfilippo to
communicate that to him, that we needed to do
it in a more formal way and Mr. Block drafted
this letter and sent it to him.
Q. Do you know when the decision was
made to send this kind of a letter?
A. When?
Q. Yes.
A. It was probably made the day before
or that day. I'm sure Mr. Block did it
immediately when asked to do so.
Q. Did you have any discussions with
Mr. Suson about this letter at any point?
A. I don't believe I did.
Q. Do you know if anyone associated
with the UFA ever had any discussions regarding
this letter?
A. I'm not aware of any specific
discussions. It wouldn't surprise me if either

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GARY SUSON
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Mr. Spollen or Mr. Block or Mr. Butler spoke to


him about this.
Q. Was this letter motivated in any
way by a desire to get back at or lash out at
Rudy Sanfilippo?
A. Absolutely not.
Q. Look at the last paragraph on the
second page?
A. Okay.
Q. "Please consider this letter a
demand on behalf of the Uniformed Firefighters
Association that you immediately cease and
desist from referring to yourself or
representing yourself as the 'official
photographer' for the Uniformed Firefighters
Association in any context."
Does this statement accurately
reflect the position of the board as to
Mr. Suson?
A. Yes, it does.
Q. If you could then look at Exhibit
28. This also has a few pages if you want to
take it out.
A. (Reviewing.)

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official photographer?
A. Yes.
Q. And the board continued to take the
position that that was inaccurate?
A. Absolutely.
Q. If you could take a look at Exhibit
164, which is going to be in that other binder
which you have open there still.
A. Okay.
Q. If you want to take a quick look at
this from below the "Good morning Linda" line,
just that next e-mail portion.
A. (Reviewing.)
Okay.
Q. Have you seen this document before?
A. Yes.
Q. Did you read this document?
A. I did.
Q. It's an e-mail from Mr. Gallagher
and you in addition to other folks who have
been CC'd. Do you know if you replied to
Mr. Gallagher?
A. I don't know if I replied in the
form of an e-mail but I did speak to him about

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STEPHEN J. CASSIDY - 9/13/2007

(1)

Okay, yes.
Have
you ever seen this document
Q.
before?
A. Yes.
Q. Did you know about this letter
before it was sent to Mr. Suson?
A. Yes.
Q. Did you authorizes this letter to
be sent?
A. Yes.
Q. What was the reason that this
letter was sent?
A. Again, to clarify for -- again, to
clarify this particular issue with Mr. Suson
claiming that he was the official photographer
for the UFA. He had now apparently sent us
some checks to the UFA Widows and Childrens
Fund and this letter clarified that although we
appreciated it, we could not accept it as he
was continuing to say he was the official
photographer for the UFA.
Q. So in November of 2006, more than a
year after the initial cease and desist letter,
Mr. Suson was still claiming he was the

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the topic.
Q. Do you remember the details of the
conversation with Mr. Gallagher?
A. Just a rehash of what we had
previously discussed, that he had never
authorized his stamp to be on such a letter,
that he never signed that letter and that he
didn't know anything about this guy and that
the UFA, prior to me being the president, did
not grant Mr. Suson the title of official
photographer in the UFA.
Q. Did you speak with anyone else when
you got this e-mail?
A. Pardon me?
Q. Did you speak with anyone else
about Mr. Suson when you got the e-mail?
A. I'm sure I spoke to my attorney,
Mike Block, but I don't remember any specifics.
Q. Did you do anything else as a
result of the e-mail, contact Mr. Suson, for
example?
A. I don't believe so.
Q. Did Mr. Sanfilippo ever state that
he had appointed Mr. Suson the official

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BSA XMAX(21/71)

GARY SUSON
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photographer at Ground Zero for the UFA?


A. I don't recall him ever saying
that.
Q. As the Manhattan trustee for the
UFA, would he have been authorized to have
appointed Mr. Suson under the constitution and
the general procedures of the UFA, Mr. Suson as
the official photographer?
A. Absolutely not.
Q. So, to your knowledge, there's
nothing in Mr. Sanfilippo's job duties at the
time, meaning the trustee position, that would
have authorized him or allowed him to have
appointed Mr. Suson as the official
photographer?
A. He absolutely would not have been
allowed to do so.
Q. If you could take a look at Exhibit
108.
A. (Reviewing.)
Okay.
Q. Have you ever seen this document
before, marked as Exhibit 108?
A. I do believe that it was shown to

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UFA, to your knowledge, other than


Mr. Sanfilippo?
A. My knowledge no one at the UFA,
other than Mr. Sanfilippo, had anything to do
with Mr. Suson gaining access to Ground Zero
and there was no one on the board who wanted
him to have the official title of photographer
of the UFA, official photographer of the UFA.
Q. Do you know anything about the
guidelines that are referred to in this letter?
A. I have no idea what he's talking
about.
Q. Towards the end of the document it
says in quotes, "In closing, may I state simply
Gary Suson was the official photograph for the
UFA at Ground Zero."
Is that an accurate statement?
A. That's absolutely not true.
Q. Was Mr. Sanfilippo authorized to
make such an assertion on behalf of the UFA?
A. Absolutely not.
Q. Do you ever recall discussing this
letter with Mr. Sanfilippo at any point?
A. No.

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STEPHEN J. CASSIDY - 9/13/2007

(1)

me, yes.
Q. Do you remember when it was shown
to you?
A. Sometime after it was written.
Q. Reading from the second paragraph,
"In my capacity as an elected representative
for New York City firefighters, I interviewed
Gary and reviewed some photos he had taken in
the first days following 9/11/01. After some
lengthy discussions, we outlined the guidelines
for this work and agreed to introduce him to
certain members and chiefs at the site so that
he could record a truthful as well as sensitive
photo account."
Do you know anything about any
guidelines that Mr. Sanfilippo discussed with
Mr. Suson?
A. I don't, and it's interesting to me
that he says, "I interviewed Gary and reviewed
some photos he had taken in the first days
following 9/11" and then it says "after some
lengthy discussions, we outlined the guidelines
for his work." I have no idea who "we" is.
Q. Would "we" refer to anyone at the

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Q. Take a look at Exhibit 107. Take a


quick glance at that.
A. (Reviewing.)
Okay, I'm good.
Q. Have you ever seen this document
before?
A. I don't recall seeing this
document.
Q. I'm going to read from the first
paragraph. It's a sentence, "It is sad that I
am in the middle of nothing more than a
vendetta between one insecure union official
and another former union member."
Do you have any idea what that
references from Mr. Suson's statement in that
letter?
A. It's -- I don't know what it
references and it's not a true statement. Our
actions as the UFA executive board were simply
to make clear that a claim that Mr. Suson had
been making for some years was not accurate.
It had nothing to do with Rudy Sanfilippo.
Rudy Sanfilippo may have been the
conduit for Mr. Suson to think he was the

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official photographer for the UFA, but our


actions had nothing to do with Rudy Sanfilippo.
It had to do with simply with
whether or not the UFA thought it was prudent
to grant that title to anyone. We didn't and
we voted on that or decided on that as a board
and that's all it was about. It's not about
any vendetta.
Q. Reading from the last paragraph,
"It is only now since Mr. Sanfilippo's
departure that they all of a sudden 'didn't
know I was official' as was told to me
yesterday James Spollen, Mr. Cassidy's
assistant."
Is that an accurate statement?
A. No.
Q. Had the UFA board determined prior
to August of 2005 that Mr. Suson was not the
official photographer?
A. Absolutely.
Q. Again, that had nothing to do with
the departure of Mr. Sanfilippo?
A. Absolutely not. It was decided
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Q. One other question. In the first


paragraph Mr. Suson asserts, "Just yesterday
UFA conveyed to me that this would be the end
of this issue and now here today their lawyer
states that a cease and desist letter is going
out and I am not the official photog."
Do you know what Mr. Suson is
referring to when he refers to the UFA
conveying the issue?
A. I have no idea what he's talking
about.
Q. Have you ever -- well, well, other
than Mr. Block, Mr. Gorman, Mr. Butler, and
Mr. Gallagher, do you recall whether or not you
discussed Mr. Suson with anyone else?
A. Well, it was discussed at a board
meeting, so, the members of the executive board
certainly new. I think you didn't mention Jim
Spollen, my executive, certainly he knew about
it, but I don't think it was a major topic of
discussion.
I mean, in the end, this is a small
thing, a blip on our radar screen that had to
be resolved. It's certainly not something we

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

(1)

the board. He's the one who raised it. He


wanted a letter saying that he was the official
photographer and at that point in time this
whole discussion began, the research started.
I spoke to Kevin Gallagher. Pete Gorman found
out what they said about this topic.
It was discussed by the board and
the board decided not to grant him that status.
Q. The next sentence in the last
paragraph, "He also claimed he 'didn't know'
there was an official letter signed by a former
UFA president, Kevin Gallagher," and he is
referring to Mr. Spollen.
Do you know whether or not there is
an official letter signed by former UFA
president, Kevin Gallagher?
A. I think that references the former
document that has Mr. Gallagher's stamp on it.
Q. That would be Exhibit 11, the April
2002?
A. Absolutely, but that document
doesn't say he's the official photograph of the
UFA as is outlined in the letter from Mr. Block
to Mr. Suson asking him to cease and desist.

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tried to spend a lot of time on.


Q. Do you recall whether or not you
had any discussions with Frank Gribbon about
Mr. Suson?
A. I don't recall a specific
conversation with Frank Gribbon, but it is
certainly possible that the UFA reached out to
him to get their take on whether or not they
had granted Mr. Suson any status that we
weren't aware of.
Q. Do you know whether Mr. Gribbon had
asked you to meet with Mr. Suson?
A. Not to my recollection.
Q. For the record, again, you have
never met with Mr. Suson?
A. No, I don't believe I've ever seen
him before.
Q. Do you know what the Widows and
Childrens Fund is?
A. Yes. It's a 5013-C charitable
organization for the UFA.
Q. Generally what are its purposes and
goals?
A. We have raised significant amounts

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of money for the widows and children of New


York City firefighters and fire officers killed
in the line of duty.
Q. So, following September 11th, that
charity raised a fair amount of money for the
families of the fallen firefighters?
A. It certainly did.
Q. Is the fund still in operation
today?
A. Yes, it is.
Q. Are you involved in this charity as
president of the UFA?
A. Yes, I am. I sit on the board.
Q. There's a separate board for the
charity?
A. Yes.
Q. Do you oversee the board or do you
act as its head?
A. I am one of several board members.
Q. Do you know if Mr. Suson has made
any donations to the UFA Widows and Childrens
Fund?
A. Other than those checks that were
part of one exhibit that we were returning, I'm

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document is a document that is labeled as the


answer and it was signed by -- it has the
signature under the name Gary Suson.
If you go to the second page of the
document at the very top it states, "Gary
Suson, owner of Headshots.com Photography and
September11.net memorial website on behalf of
the Unformed Firefighters Association, Widows
and Childrens Fund, FDNY, acting on his own
behalf does respond to the allegations filed by
Van Wagner as follows."
Did Mr. Suson have the authority -again, this document is from 2003, to associate
himself in the manner that I just read?
A. Absolutely not.
Q. Did Mr. Suson have any connection,
to your knowledge, to the UFA Widows and
Childrens Fund in 2003?
A. Absolutely not.
Q. I'm going to go a few pages from
there. It's the eighth page of the document -actually the seventh page, I think. It's the
third from the back. And there's a letter O
there sort of in the middle of the page. "Gary

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

(1)

not aware of any contributions that he had


made.
Q. Do you have any idea approximately
how much money it might have been that was
donated by Mr. Suson?
A. I think it was just a few hundred
dollars that we had returned. I'm not aware of
anything else.
Q. Do you know whether or not the fund
received anything from a website called
september11.net?
A. I don't recall.
Q. Did Mr. Suson have any authority to
associate himself with the UFA Widows and
Childrens Fund?
A. Associate himself with the Widows
and Childrens Fund?
MR. LEFKOWITZ: Objection to form.
A. What do you mean by that?
Q. If you could turn to Exhibit 6. I
don't need you to read this document. I'm just
going to represent to you that it's a document
in a case captioned Van Wagner Kiosk
Advertising versus Gary Suson and that this

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Suson regularly raises money for the UFA Widows


and Childrens Fund and also the Brian E.
Sweeney Memorial Fund through sales of his
books."
Do you know if that's accurate as
to the UFA Widows and Childrens Fund?
A. I'm not aware of him raising any
substantial amount of money for the Widows and
Childrens Fund. I wouldn't know if he made any
contributions on his own, but I'm not aware of
him making any significant contributions.
Q. Do you know if Mr. Suson ever had a
book published of his photographs?
A. I believe he did, but I'm not -I've never seen it.
Q. Do you know whether or not the UFA
Widows and Childrens Fund ever received any
money as a result of the book sales or book
advance?
A. I don't know the answer to that.
Q. Do you know whether or not at some
point Mr. Suson made a request through your
lawyer, Michael Block, to meet with you at some
point or to meet with the board, actually?

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A. I don't recall that specifically.


Q. Would it be typical to have
somebody come in and meet with the board?
Would you do that, have outside people come in
and meet?
A. Occasionally it happens.
Q. Do you know whether or not it was
discussed with the board as to whether or not
they'd like to have Mr. Suson come in and
discuss issues?
A. No, I don't believe it was ever
discussed or considered that we would bring him
in.
(Recess taken.)
Q. Mr. Cassidy do you recall whether
or not you were ever asked to comment on any
articles in the New York Post regarding Gary
Suson?
A. I don't recall.
Q. Have you ever spoken with Murray
Weiss?
A. I have spoken to Murray Weiss,
sure.
Q. Do you recall if you ever spoke

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Q. Just take a look at that article


and I'm referring to the article "9/11 Cam
Scam," the article that appears below.
A. Got you. (Reviewing.)
Okay.
Q. Do you recognize this article at
all?
A. I recall it.
Q. Do you know whether or not you
reviewed it before today?
A. I remember reading it when it came
out, absolutely.
Q. Do you remember whether or not you
had provided any information that's contained
in the article?
A. Directly, I don't remember
providing any information to this.
Q. I'm going to read a quote from the
first paragraph, "A Manhattan photographer is
improperly billing himself as the 'official'
photographer for the firefighters union and may
have illegally taken artifacts from Ground Zero
for his new 9/11 exhibition, the Post has
learned."

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STEPHEN J. CASSIDY - 9/13/2007

Page 96
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with him about Gary Suson?


A. I don't recall, to be honest.
Q. Have you ever spoken with Cynthia
Fagan?
A. I have.
Q. Do you know if you spoke with her
about Gary Suson?
A. I don't.
Q. Have you ever spoken with Stephanie
Gaskell?
A. Yes, I have.
Q. Have you ever spoken with her about
Gary Suson?
A. I don't recall if I ever spoke to
any of them about Gary Suson. I may have. I
just don't remember.
Q. Do you know if anyone at the UFA or
associated with the UFA spoke with a reporter
at the Post regarding Mr. Suson in August of
2005 or September of 2005?
A. You know, I don't know the answer
to that.
Q. Let me show you Exhibit 100.
A. I got it.

Page 93 to Page 96

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Was Mr. Suson at that time


improperly billing himself as the UFA
photographer at Ground Zero?
A. Yes, he was.
Q. Is that an accurate statement?
A. Yes, it is.
Q. Further on in the last column
there's a statement, "The photographer said a
fire chief - whose name he could not provide gave him permission to rummage through the
dumpster."
Do you know whether or not it was
appropriate for a fire chief to give permission
for someone working at Ground Zero to take
items out of a dumpster at Ground Zero for
their personal possession?
A. A fire chief didn't have the right
to do that and it seems improbable.
Q. The next paragraph states,
"Meanwhile, FDNY union officials are preparing
to send a letter to Suson demanding he stop
claiming he worked as their official
photographer."
As of August 31, 2005 do you know

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that that statement was accurate?


A. That was accurate.
Q. A little bit further down, "Suson
says a 2002 joint 'letter of introduction' from
the UFA and the Uniformed Fire Officers
Association allows him to use the title
'official' although the word appears nowhere in
the letter. Current union officials and the
FDNY said there was no such title but one
ex-union official told the Post that Suson was
given it."
Do you know the statement in those
paragraphs, as to whether or not there was no
such title are accurate?
MR. LEFKOWITZ: Objection to the
form.
A. Well, he was absolutely not given
the title of official photographer so as far as
it is outlined here, that's true. He was not
given that title.
Q. The next paragraph states, "Current
union officials in the FDNY also charge Suson
has not honored his pledge to donate thousands
of dollars in proceeds from his 9/11 artwork."

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A. I remember when it came out, yes.


Q. Do you remember reviewing it at the
time it came out?
A. Yes.
Q. Do you know whether or not you
provided any information for the article
itself?
A. I don't recall providing any
information for this article.
Q. If you go to the second column
midway down, "Suson could not be reached for
comment. He previously said that he had
permission from an unnamed FDNY official to
take the items," referring to items at Ground
Zero.
Do you know whether or not any FDNY
official would have had permission to give
Mr. Suson that authority?
A. Absolutely. They would absolutely
not have the authority to give him permission
to take items from Ground Zero.
Q. The next column, "He," meaning
Mr. Suson, "claims that he was the 'official'
FDNY union photographer during the clean up

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STEPHEN J. CASSIDY - 9/13/2007

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Do you know anything about that


assertion?
A. I don't know that he made an
assertion that he was going to donate
significant amounts of money. I do know that
we did not receive any significant amounts of
money, but that's all I know about that.
Q. Had Mr. Suson made an agreement to
donate money, is it your contention then that
he would not have satisfied that agreement
based on your -A. I'm not aware -MR. LEFKOWITZ: Objection.
A. I'm not aware of any agreement, but
if there was an agreement, he certainly didn't
send us any significant amounts of money.
Q. If you could turn to Exhibit 103.
A. Yup.
Q. If you could read the article in
the middle that says "9/11 Curr-ator."
A. (Reviewing.)
Okay.
Q. Do you recall whether or not you've
ever seen this article?

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effort. FDNY officials dispute that claim,


however, saying Suson was never given any
official duties."
Do you know that statement to be
accurate?
A. It is accurate.
Q. "Suson has said that previous
officials at the Uniformed Firefighters
Association gave him the 'official title' and
one ex-union bigwig has confirmed that to the
Post."
Do you know if that statement is
accurate?
A. It's accurate insofar as no
executive board of the UFA or no one in
authority at the UFA ever granted him the
authority to use the title "official" as it
relates to the UFA in any manner, shape or
form.
Q. If you could please look at Exhibit
106. Take a look at the article in the lower
right-hand corner entitled "9/11 Charity Big
Busted."
A. Okay (Reviewing.)

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Okay.
Do you recognize this article at

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Q.
all?
A. I remember when it came out.
Q. Do you remember reading it when it
came out?
A. Yes.
Q. Do you know anything about its
subject, one of the subjects, Michael Bellone?
A. No.
Q. Had you ever heard the name before?
A. I don't recall ever hearing that
name before.
Q. The last sentence of this article
states, "Leaders of the union say Suson is not
its photographer." Is that an accurate
statement?
A. Yes.
Q. Have you ever read any other
articles, newspaper articles of any kind, about
Mr. Suson other than those in the New York Post
that you recall?
A. It's possible if there was articles
in other papers relating to him, I probably

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Q. Do you recall if you ever took any


action to notify the Post that any of the
articles that you just reviewed were
inaccurate?
A. We did not take any action.
Q. Take a look at Exhibit 158. Just
quickly review. You don't have to review the
whole e-mail.
A. Okay. This is an e-mail from -Q. 158. It says Block, Michael at the
top. September 6, 2005. And then there's a
forwarded message underneath of September 2 of
2005.
A. Okay.
Q. Do you remember if you've ever seen
this forwarded e-mail here from September 2 of
2005 which seems to be from the Ground Zero
museum to Jim Cassidy and Jim Spollen?
A. I don't recall ever seeing this
before.
Q. In the second paragraph, Mr. Suson
states, "You have orchestrated a defaming
attack on me and I ask you to stop. I will not
get caught in the middle a vendetta between you

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STEPHEN J. CASSIDY - 9/13/2007

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read them.
Q. Do you regularly read the articles
in relation to the UFA or the fire department?
A. I do, every day.
Q. Does anyone prepare a collection of
articles for you to review?
A. On a daily basis we have articles
relating to the UFA, articles relating to
firefighting in New York City and some other
topics, e-mailed to me and the other board
members on a daily basis.
Q. Who generally puts that together,
who e-mails you?
A. It's somebody that we employ to do
that. I'm trying to think of his last name.
His first name is Bruce.
Q. We can leave a blank. If you think
of it, fill it in later.
+ TO BE FURNISHED: ___________________________
Q. If any articles that you read in
reference to the UFA are inaccurate, do you
ever take any action to notify the media
entities?
A. Yes, we do.

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and former union members. For four years I


have been loyal to the UFA, whether this
interests you or not, and what you have done to
me through your New York Post connection is
horrible, just horrible."
Do you have any idea what Mr. Suson
is referencing in terms of your New York Post
connection?
A. I have no idea what he's talking
about.
Q. Do you have a New York Post
connection?
A. If he means do I have a
relationship with people that work for the New
York Post, I have a relationship with people
that work for every media outlet in the City of
New York.
Q. Did you approach the Post to do an
article about Mr. Suson?
A. Absolutely not.
Q. Finally, I don't know that I've
asked you, we discussed the fact that
Mr. Sanfilippo did not have the authority to
appoint Mr. Suson the official photographer.

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BSA XMAX(27/77)

GARY SUSON
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Do you recall that testimony?


A. Yes.
Q. If the UFA had wanted to appoint
someone an official photographer at Ground
Zero, would that be someone that the board
would have to approve?
A. Absolutely.
Q. Would you have been able on your
own to appoint someone the official
photographer for Ground Zero or for the UFA for
that matter on your own?
A. No, no.
Q. Mr. Cassidy, I greatly appreciate
your time today. I don't have any further
questions. Thanks very much.
A. Thank you.
MR. LEFKOWITZ: I do have a few
follow-up questions for you.
EXAMINATION BY
MR. LEFKOWITZ:
Q. Did you do anything to prepare for
today's deposition?
A. No.
Q. Did you speak with anybody to

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attorney or employee of the law firm of Hogan &


Hartson before today?
A. No.
Q. When was the last time that you
spoke with anybody who works for the New York
Post?
A. Yesterday.
Q. And who was that?
A. I don't know who the Post had at
our press conference, but we had a press
conference there and they wrote a story about
our topic yesterday so I'm sure I spoke to
somebody from the New York Post yesterday. I
don't know who it was.
Q. I'll cut through it because I know
you're pressed for time and I have no interest
in keeping you unnecessarily.
Did that press conference have
anything to do with Gary Suson or 9/11?
A. It had something to do with 9/11.
It had nothing to do with Gary Suson.
Q. I realized, based on the date, as I
asked the question that it might have something
to do with 9/11. Did it have anything to do

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

Page 108
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prepare for today's deposition?


A. No.
Q. Without telling me the contents of
your conversations, did you speak with your
attorney, Mr. Block, before coming to this
deposition?
A. No.
Q. Did you review any documents before
preparing for today's deposition?
A. No.
Q. Did you look at any of the
documents that were provided to -- to us by
Mr. Block in response to the subpoena?
A. I did not.
Q. Okay. Prior to today, have you
ever spoken with counsel, Jay Conti?
A. Only when I met him in the hallway.
Q. I'm just talking about prior to
today.
A. No.
Q. What about another attorney in his
office, Slade Metcalfe?
A. No.
Q. Have you ever met any other

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with Gary Suson?


A. No.
Q. When is the last time you spoke
with a person employed by the New York Post
having anything to do with Gary Suson?
A. I don't recall ever speaking with
anybody at the New York Post about Gary Suson.
I'm not saying that I haven't, but I don't
recall ever doing it.
Q. Okay.
A. If you go back a couple of years,
it is possible that I spoke to somebody at the
Post when they asked me a question about it.
Yes, it's possible but certainly I don't recall
doing it.
Q. What are the duties of the
Manhattan borough trustee?
A. To administer to the needs of
firefighters in that particular borough as it
relates to grievances, discipline, to represent
them in discipline issues at headquarters, to
take phone calls from delegates and/or members,
to man the office one day a week, to take phone
calls from anyone in the city, to do any

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projects designated by the president or the


board, among other things.
Q. And this is a full-time job?
A. Full-time job.
Q. I think you said that they were
excused by the city according to the union
contract in order to perform this full-time
job?
A. That's correct.
Q. Okay. Are all of these duties
outlined in the union constitution?
A. I may have outlined in more detail
than the constitution says.
Q. Well, isn't it true that in the
constitution, pretty much the only duty of the
Manhattan trustee is to review the finances of
the union?
A. No, that's not true. That may be
what -- I don't have the constitution in front
of me, so I can't quote it, but each trustee is
responsible for any responsibilities that are
assigned by the president. That's certainly
outlined in the constitution also.
Q. Would that be a full-time job? Do

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Q. So there were a number of duties of


the trustee that everybody knew but aren't
necessarily explained or outlined in the
constitution; is that right?
A. I would say that's accurate, yes.
Q. Okay. Did you ever remove any
items from Ground Zero?
A. Me, personally?
Q. Yes.
A. No.
Q. Are you aware that there were items
which had been removed from Ground Zero by
various individuals?
A. I don't have any firsthand
knowledge of that.
Q. Are you aware that firefighters had
removed items from Ground Zero?
A. I'm not aware of any firefighters
removing anything from Ground Zero.
Q. You're not aware of steel crosses
being made and removed from Ground Zero?
A. No, I'm not aware of steel crosses
being removed from Ground Zero, no.
Q. Are you aware of them being made

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

(1)

you regularly assign additional duties to the


trustees of the boroughs?
A. Well, as I just -- what I just
outlined is what is expected of the individual
trustee and insofar as that's expected by the
membership and by me, I guess you could say
that those are the responsibilities that I
expect the trustee to handle, not just the
Manhattan trustee, each and every trustee.
Q. Did you personally tell each
trustee after the 2002 election that part of
their job was to do all of these things you
outlined?
A. I certainly had a discussion with
everybody on the board about what I expected
them to do, yes.
Q. You instructed them about dealing
with problems or disputes involving union
members?
A. Absolutely.
Q. They didn't know this already?
A. Oh, I think they did, but you asked
me if I outlined to them what I expected as the
president.

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using the steel from the rubble?


A. I would say the answer to that is
yeah.
Q. Are you aware that there was a
steel FDNY emblem that was made using the
rubble from Ground Zero?
A. Yes.
Q. Who authorized that?
A. I have no idea.
Q. Was it authorized?
A. I don't know.
Q. Well, was that steel evidence?
A. That's not something that I could
answer for you.
Q. Why not?
A. I don't know the answer to that. I
don't know if the police department or any
other investigatory body deemed a piece of
steel as evidence. I don't know the answer to
that.
Q. And that would be the same for any
other item, would it?
A. I would have to disagree with you.
Q. Have you ever seen the steel FDNY

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emblem?
A. I'm trying to think of the answer.
I don't recall that I have seen it. I'm not
sure where it is.
Q. Have you ever seen any of the
crosses that were made of Ground Zero steel?
A. I haven't personally, but I think
I've seen pictures of the FDNY cross that
you're referring to initially.
Q. Where is it?
A. I don't know. I've seen a picture
of it. I don't remember where it is.
Q. You don't remember from the context
where it was?
A. I don't remember.
Q. Mr. Conti talked to you a little
bit about the Fresh Kills landfill. Do you
know what that is?
A. Sure.
Q. What is it?
A. That's where the rubble from Ground
Zero was dumped, much of it.
Q. When you say "dumped," are you
talking about garbage?

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A. I don't believe I have, unless


they've been in the newspapers. If they've
been in the newspapers, it's possible that I've
seen them. I don't recall seeing any of them.
Q. You testified a moment ago when
Mr. Conti asked you the question about you
employ a person by the name of Bruce to prepare
materials for you which are articles about the
union or the FDNY?
A. Yes.
Q. How often does he do that?
A. It's done every day.
Q. And so every day you'd walk in the
office in the morning, I guess, and there would
be a stack of documents or -- not to
characterize how many, but whatever documents
were in the news that day?
A. Yes.
Q. And he does that every day?
A. Every day.
Q. For how long has he been doing
that?
A. At least three years, maybe more,
four years. Maybe longer.

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

(1)

A. I'm talking about -- well, let me


clarify. I've never been to the Fresh Kills
landfill. I've never seen stuff being dumped
at the Fresh Kills landfill so what I know
about it is what I've read about it or have
been told, but my understanding is that much of
the rubble and debris from the collapsed towers
when it was removed was removed to the Fresh
Kills landfill. That's all I know about it.
Q. How would this rubble and debris
include possible evidence or is this garbage to
be disposed of?
A. I think the answer to that is that
the city had police officers and detectives and
possibly fire marshals sifting through that
debris looking for evidence.
Q. At Fresh Kills?
A. That's my understanding.
Q. Okay. Now, you are aware that
immediately after 9/11/2001 Gary Suson spent
much time at Ground Zero taking photographs?
A. I'm not aware of that.
Q. Have you ever seen any of his
photographs?

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Q. What about things about the union


or the FDNY which are not in print, for
instance something that would be on TV or the
internet or something like that?
A. His main function is to provide
articles that are in the media, mostly in the
newspapers. I won't say he doesn't do anything
off the internet, but mostly in the newspapers
relating to UFA, relating to the fire
department, relating to labor issues and/or
politics.
Q. Have you found that Bruce does a
good job?
A. Yes, he does.
Q. And have you ever found his
coverage of the articles deficient meaning that
he missed something here or there, or you think
he's pretty thorough?
A. I think he's pretty thorough, but I
think he's missed things on occasion.
Q. As we all do.
A. Absolutely.
Q. Is Bruce employed by the union or
by an outside entity?

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GARY SUSON
Page 117

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A. By the union.
Q. He's a salaried employee?
A. Yes.
Q. You talked about charges that Rudy
Sanfilippo brought against you and I know you
said that some were withdrawn and others were
dismissed or voted down.
Would you please tell me what those
charges were.
A. I don't recall specifically. I
don't have them in front of me.
Q. What was the nature of the charges?
A. As I said, they were -- I might
have them.
Q. You have some file in your
Blackberry there?
A. I might, I might.
MR. LEFKOWITZ: For the record, the
witness is looking through his
Blackberry, because he suspects there may
be something.
A. I don't have them on my Blackberry.
Q. + Well, I would ask you if you have
it back at the office to produce a copy of it.

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Q. Well, are you aware that fire


marshals did visit the museum?
A. I'm not aware of it.
Q. Are you aware that fire marshals
did examine the items in the museum?
A. I'm not aware.
Q. Well, if fire marshals did go to
the museum and see the items that were on
display there, is there any doubt in your mind
that they would arrest Gary Suson if there were
anything illegal?
A. That's -- you're asking me to
speculate. I don't know that they did. I
don't know what they saw if they did go.
Q. Just so you know, I'm entitled to
ask you to speculate in a deposition. So based
upon the premise that I've given you that fire
marshals are there, they're in the museum and
they see items that had been illegally removed
from Ground Zero, is there any doubt in your
mind that they would have arrested him?
MR. CONTI: Objection. He just
testified he can't answer that.
A. I guess it to would come down to

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

(1)

A.
Q.

We certainly can do that for you.


Thank you very much.
Now, what are the job of fire
marshals?
A. To investigate fires for cause and
origin, to arrest people related to arsons and
I guess to carry out the duties as asked by the
fire commissioner.
Q. Would fire marshals have the duty
or responsibility to investigate people who
removed items from Ground Zero?
A. It's very possible, yes.
Q. Well, I think you mentioned in your
testimony with Mr. Conti that fire marshals
were considering arresting Mr. Suson?
A. What I was told by Lester Layne,
the fire marshal rep who represents the fire
marshals, is that they were considering
arresting him, yes.
Q. And what led them to consider
arresting him?
A. I think the articles in the paper
that highlighted that he took items from Ground
Zero.

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could they prove that he illegally took them.


I don't know. I mean, I just don't know the
answer to that.
Q. If they saw items illegally
removed, would they take steps to investigate
how he got them?
A. Well, I'm not a fire marshal. I've
never been a fire marshal and so I couldn't
really detail for you what they should or
shouldn't do. And so I couldn't give you a
specific answer as to what they would do
because I really don't know what their role is
other than investigating fires for arson. I'm
not trying to avoid the question. That's
really the best I can do for you. I'm sorry.
Q. You don't need to apologize. You
just give me your best answers and that's fine.
A. I'm trying.
Q. Now, I believe you testified that
Rudy Sanfilippo first brought up Gary Suson, I
think you said it was late 2002 or early 2003?
A. He's the first one to bring it up
and the timing I'm unclear about, but that's my
best guess that it was late 2002 or sometime

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2003.
Q. And you talked about board meetings
where Gary Suson was discussed.
A. My recollection is that
Mr. Sanfilippo brought the topic up because he
wanted to secure for Mr. Suson something from
us that said he was the official photographer
for the UFA.
Q. And how long after Mr. Sanfilippo
first brought up Gary Suson did you have the
board meetings?
A. Well, he may have brought it up -I believe he brought it up at a board meeting.
Q. And did you discuss it right then
and there?
A. I think it was discussed to some
degree, but as I testified earlier, I believe
that it took a period of time to resolve
because Kevin Gallagher had to be called. Pete
Gorman had to be called. We had to do some
research into what the previous board had done.
If they had made an agreement with
Mr. Suson, then we might have been in a
position where we wanted to -- even if we

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Q. If you would just take a look at


Exhibit 18 for me. What is this?
A. This looks like a photocopy of a
placard that we give to New York City
firefighters so that they can display in the
window of their vehicles when they park outside
firehouses throughout the city.
Many firehouses do not have parking
for New York City firefighters. This placard
we hope will alert traffic enforcement and
police officers that this is an active
firefighter who's working in the hopes that
they will not get a ticket if they're parked
near their firehouse, but illegally.
Q. You hope for a little courtesy from
the police department?
A. That is true.
Q. Is this given to anybody other than
active duty firefighters?
A. Is it given to anybody? The answer
to that is it shouldn't be, but the answer to
that is probably yes.
Q. Well, why do you say that it should
be?

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VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

(1)

disagreed, allow that position to continue.


When they told us that they had not
given or granted Mr. Suson the right to say
official photographer, then it was easy for us
to decide we weren't going to give him that
title.
Q. How long did it take you to make
those phone calls and conduct this
investigation?
A. To be honest, I don't recall how
long it took. I don't know how long. A couple
of weeks, a month. I don't know.
Q. So, I guess in the next board
meeting or two it would have been resolved?
A. I think in a relatively short
period of time, within a month or so certainly.
Q. Okay.
A. And, again, that's just my best
recollection.
Q. I may be finished, but if you give
me a moment to step out with my client, I will
let you know.
A. Go right ahead.
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A. Well, we give two to every New York


City firefighter. Once they're given out, we
have no control over where they go.
Q. I see. So what you're saying is
it's possible that a New York City firefighter
will give one to his friend or family or
something like that?
A. It's certainly possible.
Q. Well, other than that use of the
second placard, is the placard issued initially
to anybody other than an active duty
firefighter?
A. I don't think we have any official
list of people they're given to. Some may be
given as a courtesy to a small group of people
that do something -- that do something on
behalf of us, if that's the point you're
getting to, it's possible that that happened.
Q. What do you mean by "a small group
of people that do something on behalf of us"?
A. Well, what I mean is that the
individual trustees who give out the placards
to their members, is it possible that they give
them to somebody else who's not a firefighter,

www.ellengrauer.com

Page 121 to Page 124

BSA XMAX(32/82)

GARY SUSON

VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007


Page 125

Page 127

(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
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(21)
(22)
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(1)

it's possible. We're talking about 9,000


firefighters, 18,000 placards. Yes, it's
possible.
Q. Who is in charge of giving out the
placards?
A. The recording secretary usually is
responsible for that.
Q. In 2004 who was the recording
secretary?
A. Joe Miccio.
Q. What about the sergeant at arms,
who was the suggest at arms in 2004?
A. Phil McArdle.
Q. Would Mr. McArdle be authorized or
entitled to give out a parking placard, this
kind of placard, to somebody that he deemed
appropriate?
A. Well, he certainly would have had
access to placards. I don't know if he gave
them to anyone outside of firefighters. Our
position, the union's official position is that
they shouldn't be given to anyone besides
active New York City firefighters. And we went
so far as to print up a placard for retired

(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
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the Uniformed Fire Officers Association.


Q. I see. What is an honorary
battalion chief, by the way?
A. I'm not sure there really is such a
thing. I think it's just a title that is
bestowed by the department or maybe the
Uniformed Fire Officers Association saying that
this particular person is being recognized and
given this title.
MR. LEFKOWITZ: I have no further
questions.
MR. CONTI: Just for the record,
thanks again, Mr. Cassidy, and we're
going to send you the original
transcript. Do you want us to send it to
your attorney, Mr. Block, or to you.
THE WITNESS: To my attorney,
Mr. Block.
(Time noted: 12:02 p.m.)

(21)
(22)
(23)
(24)
(25)

Page 126

Page 128

(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
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(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)

ACKNOWLEDGMENT

(1)

firefighters. We have one for active, one for


retired, but if you're saying did Mr. McArdle
have access to placards, I'm sure the answer to
that is yes.
Q. I understand access. Would he be
authorized to make a decision on his own to
give somebody a placard who was not an FDNY
firefighter?
A. No, the official position of the
union is to not give placards to anyone that is
not an active firefighters.
Q. If somebody did that, for instance
if Mr. McArdle in 2004 give Gary Suson this
parking placard, you're saying that he was not
authorized to do that?
A. I'm saying that the official
position of the union was not to give placards
to anyone other than active New York City
firefighters.
Q. What about honorary battalion
chiefs, would they be considered an active duty
firefighter under what you just said?
A. No. An honorary battalion chief
should go to the UFOA for a placard. UFOA is

Page 125 to Page 128

(2)
(3)
(4)
(5)

STATE OF
:ss
COUNTY OF

)
)

(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)

I, STEPHEN J. CASSIDY, hereby


certify that I have read the transcript
of my testimony taken under oath in my
deposition; that the transcript is a
true, complete and correct record of my
testimony, and that the answers on the
record as given by me are true and
correct.

(15)

___________________________
STEPHEN J. CASSIDY

(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)

Signed and Subscribed to


before me, this day
of
, 2007.
________________________________
Notary Public, State of New York

(24)
(25)

www.ellengrauer.com

Ellen Grauer Court Reporting


(212) 750-6434

BSA XMAX(33/83)

GARY SUSON

STEPHEN J. CASSIDY - 9/13/2007

VS. NYP HOLDINGS, INC.

Page 129
(1)

CERTIFICATE

(2)
(3)

STATE OF

(5)

)
:ss

(4)

COUNTY OF

(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)

I, SOPHIE NOLAN, a Shorthand Reporter and


Notary Public within and for the State of New
York, do hereby certify:
That STEPHEN J. CASSIDY, the witness
whose examination is hereinbefore set forth,
was duly sworn by me and that such deposition
is a true record of the testimony given by such
witness.
I further certify that I am not related
to any of the parties to this action by blood
or marriage; and that I am in no way interested
in the outcome of this matter.
IN WITNESS WHEREOF, I have hereunto set
my hand this 18th day of September, 2007.

(21)
(22)
(23)

________________________
SOPHIE NOLAN

(24)
(25)

Page 130
(1)
(2)
(3)
(4)

*** ERRATA SHEET ***


ELLEN GRAUER COURT REPORTING CO, LLC
126 East 56th Street, Fifth Floor
New York, New York 10022
212-750-6434

NAME OF CASE: Suson v. NYP Holdings, et al


DATE OF DEPOSITION: September 13, 2007
NAME OF WITNESS: STEPHEN J. CASSIDY
(6)
PAGE LINE FROM
TO
REASON
(7)
(5)

(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)

____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________

_______________________
Subscribed and sworn before me
this_____day of ____, 2007
__________________ _______________________
(Notary Public)
My Commission Expires:

Ellen Grauer Court Reporting


(212) 750-6434

www.ellengrauer.com

Page 129 to Page 130

BSA XMAX(1/84)

GARY SUSON
Concordance Report
--Unique Words: 1,488
Total Occurrences: 6,390
Noise Words: 382
Total Words In File:
19,460
--Single File Concordance
--Case Insensitive
--Noise Word List(s):
NOISE.NOI
--Cover Pages = 0
--Includes ALL Text
Occurrences
--Dates ON
--Includes Pure Numbers
--Possessive Forms ON

* * DATES * *
9/11/01 [2]
26:22; 82:10

9/11/2001 [1]
114:21

**$**
$5,000 [1]
51:19

**0**
02 [1]
9:24

**1**

27:23; 34:11
11 [10]
13:10; 15:5; 16:5; 18:23;
23:22; 42:4, 7; 44:24; 56:5;
86:20
117 [1]
3:11
11th [5]
2:5; 12:7, 11; 13:17; 89:5
126 [2]
1:23; 130:2
12:02 [1]
127:20
13 [2]
1:12; 130:5
14 [1]
9:11
152 [1]
68:22
158 [2]
103:7, 11
164 [1]
79:8
18 [1]
123:3
18,000 [1]
125:3
182 [3]
3:15; 6:24, 25
18th [1]
129:20
19 [1]
9:10
1974 [1]
8:16
1988 [3]
11:25; 12:24

**2**

1 [3]
1:7; 13:22; 14:4
10 [1]
34:8
100 [1]
94:24
10005 [1]
2:6
10022 [3]
1:24; 2:13; 130:3
102 [1]
3:10
103 [1]
98:18
105 [1]
3:5
106 [1]
100:22
107 [1]
84:2
108 [2]
81:20, 24
10th [2]

VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007


103:12, 14, 18
2006 [2]
1:9; 78:23
2007 [5]
1:12; 128:21; 129:20;
130:5, 23
2008 [1]
14:7
204 [2]
9:20; 20:18
212-750-6434 [2]
1:24; 130:3
212-918-3000 [1]
2:15
212-918-3643 [1]
2:16
236 [1]
11:20
23rd [2]
9:20; 20:18
24 [5]
31:19, 20, 22; 60:4
25 [2]
63:6; 65:19
26 [1]
71:8
27 [1]
74:12
28 [2]
60:25; 77:23

**3**
3000605 [1]
1:9

31 [1]
96:25
343 [1]
47:24

**4**

2 [3]
1:7; 103:13, 17
20 [2]
24:16; 47:2
2001 [3]
12:12, 13; 34:8
2002 [16]
11:13; 13:20, 23; 14:15, 18;
15:16, 18; 38:5; 39:7;
47:22; 53:3; 86:21; 97:5;
110:12; 120:22, 25
2003 [8]
23:15; 38:5; 39:8; 41:21;
91:14, 19; 120:22; 121:2
2004 [7]
23:15, 16; 41:21; 54:9;
125:9, 13; 126:14
2005 [23]
14:2, 4; 16:4, 18; 54:8, 9;
56:14; 60:25; 61:9; 62:2,
13, 18; 64:5; 66:17; 68:9;
73:10; 85:19; 94:21; 96:25;

Ellen Grauer Court Reporting


(212) 750-6434

4 [1]
3:4

48 [1]
2:5

**5**
5013-c [1]
88:21

56th [2]
1:23; 130:2
59 [1]
3:9

**6**
6 [3]
3:15; 90:21; 103:12

www.ellengrauer.com

63:4; 74:9, 10; 83:18;


84:22; 85:16; 92:6; 96:6;
97:2, 3, 15; 100:6, 7, 14,
71 [1]
15; 101:17; 111:6
4:17
accurately [1]
77:18
**8**
act [5]
17:13; 20:4, 8; 73:20; 89:19
[1]
85199
acting [2]
1:25
18:5; 91:10
875 [2]
action [7]
1:11; 2:12
40:5; 58:20; 67:8; 102:23;
103:3, 6; 129:16
**9**
actions [12]
9,000 [1]
17:11, 16, 18, 19, 25;
125:2
19:16, 20, 25; 29:24; 67:17;
9/11 [17]
84:20; 85:3
26:23, 25; 27:11, 14, 18;
active [9]
28:3; 29:5; 38:22; 82:22;
9:12; 123:12, 20; 124:12;
95:3, 24; 97:25; 98:21;
125:24; 126:2, 12, 19, 22
100:23; 107:20, 21, 25
actively [1]
9/11/01 [2]
24:2
26:22; 82:10
acts [1]
9/11/2001 [1]
17:11
114:21
addition [5]
9/12 [2]
28:25; 33:17; 56:17; 73:3;
27:14; 29:5
79:21
9/14 [1]
additional [3]
27:15
7:24; 9:6; 110:2
9/15 [1]
address [2]
27:15
4:16; 71:23
917-887-3920 [1]
administer [1]
2:8
108:19
9:05 [1]
advance [1]
1:13
92:20
adversarial [1]
**A**
52:17
advertising [1]
a.m. [1]
90:25
1:13
advise [1]
able [4]
18:7
6:19; 17:19; 32:19; 105:9
aftermath [1]
absolutely [35]
26:16
12:5; 20:2; 21:7; 22:20;
against-nyp [1]
34:6; 35:4; 36:19; 37:19;
1:5
48:16, 22; 49:6; 56:8;
agency [4]
59:16; 72:15; 74:10; 75:21;
35:18, 19; 64:23
77:7; 79:6; 81:10, 17;
agenda [1]
83:19, 22; 85:21, 24; 86:22;
57:9
91:16, 20; 95:13; 97:18;
agree [2]
99:20; 104:21; 105:8;
18:17; 50:21
110:21; 116:23
agreed [2]
accept [1]
49:18; 82:12
78:20
agreement [5]
access [8]
98:9, 11, 15, 16; 121:23
44:2, 6, 8; 45:12; 83:6;
ahold [1]
125:20; 126:4, 6
23:3
according [1]
al [1]
109:7
130:4
account [1]
alert [1]
82:15
123:11
accurate [17]

**7**

From 9/11/01 to alert

BSA XMAX(2/85)

GARY SUSON

STEPHEN J. CASSIDY - 9/13/2007

allegations [1]

56:4

assistant [2]

120:15

91:11

appropriate [3]

28:23; 85:15

aware [22]

allow [3]
37:6, 17; 122:2
allowed [7]
35:5, 9; 36:22; 37:10; 44:8;
81:14, 18
allowing [1]
76:7
allows [1]
97:7
alternative [1]
22:23
america [1]
1:6
amicable [1]
26:8
amount [2]
89:6; 92:9
amounts [4]
88:25; 98:6, 7, 17
announce [1]
55:9
announcement [3]
50:9, 14, 19
announcements [1]
25:17
answer [27]
5:2, 19; 6:5; 25:15, 16;
37:9; 51:3, 11; 52:7; 55:16;
67:21; 68:5; 91:3; 92:21;
94:22; 112:3, 15, 17, 20;
113:3; 114:14; 119:24;
120:4, 12; 123:21, 22;
126:4
answers [6]
5:12; 6:9, 11, 20; 120:18;
128:12
anybody [8]
42:3; 55:12; 105:25; 107:6;
108:8; 123:19, 21; 124:12
apologize [1]
120:17
apparently [3]
43:21; 44:5; 78:17
appears [3]
71:18; 95:4; 97:8
applies [1]
18:6
appoint [3]
104:25; 105:4, 10
appointed [6]
11:24; 12:22; 57:6; 80:25;
81:7, 15
appreciate [1]
105:14
appreciated [1]
78:20
approach [1]
104:19
approached [1]

From allegations to break

VS. NYP HOLDINGS, INC.

8:7; 33:6; 97:4; 113:18


blackberry [3]
25:3; 96:14; 125:18
61:20; 76:24; 88:11; 90:2,
117:17, 21, 23
associate [3]
90:15, 17; 91:14
8; 92:8, 11; 98:13, 15;
approve [1]
blamed [1]
105:7
111:12, 17, 19, 21, 23, 25;
53:21
associated [6]
60:24; 65:10; 69:16; 70:17; 112:5; 114:20, 23; 119:2, 4, blank [3]
approximately [1]
90:4
76:21; 94:19
5, 7
47:8; 66:10; 102:18
april [3]
associates [1]
blip [1]
**B**
11:25; 47:22; 86:20
20:20
87:24
area [2]
association [20]
block [22]
background [1]
27:10; 34:23
4:23; 7:19; 9:17; 13:8;
7:17; 8:4; 18:2; 24:11, 17;
8:8
20:15; 25:5; 39:18; 40:11,
41:8; 57:20; 61:15; 67:25;
aren't [2]
backup [1]
11:6; 111:3
17, 25; 41:12; 73:2; 76:3;
75:5; 76:9, 16; 77:2; 80:19;
28:17
77:13, 17; 91:9; 97:7;
86:24; 87:14; 92:24;
argument [1]
based [4]
49:17
100:10; 127:2, 8
103:11; 106:6, 14; 127:17,
44:4; 98:12; 107:23; 119:17
19
arms [6]
assume [3]
basis [3]
13:15; 15:10, 20; 16:10;
5:20; 12:11; 65:24
blood [1]
10:16; 102:8, 12
125:12, 13
129:16
attack [2]
battalion [4]
36:11; 103:24
arrest [3]
board [89]
12:20; 126:21, 24; 127:4
66:23; 118:7; 119:11
3:9; 14:25; 15:4; 16:21, 23,
attend [2]
beat [1]
8:8, 17
24, 25; 17:4, 6, 7, 10, 11,
arrested [1]
52:25
119:22
15, 18; 18:3, 8, 15, 17;
attended [1]
behalf [14]
8:20
23:20, 22; 38:17; 39:3, 11,
arresting [3]
20:4, 8; 21:9; 24:18, 23;
118:16, 20, 22
20, 21, 22, 25; 40:4, 12, 19;
attends [1]
38:21; 72:25; 74:7; 77:12;
18:3
41:3, 6; 42:4, 7, 8; 43:13,
arrests [3]
83:21; 91:8, 11; 124:18, 21
19:16, 18, 19
17; 51:21; 53:12, 13, 16;
attention [8]
belief [2]
39:10; 49:11, 13; 64:21;
54:20, 21; 55:2, 13; 56:25;
arson [1]
58:18; 60:17
120:14
65:2; 66:14; 67:13, 20
57:4; 58:5, 20; 59:15, 19;
believe [26]
61:12, 14; 62:2; 70:25;
arsons [1]
attorney [14]
17:14; 24:16; 42:3, 15;
118:7
2:4; 4:10; 7:17, 18; 18:2, 6;
75:10, 12, 14, 15; 76:6;
45:10; 53:22; 56:13; 57:19;
57:20; 75:17; 80:18; 106:6,
77:19; 79:4; 83:7; 84:20;
article [13]
64:10; 65:17; 66:7; 67:4;
95:2, 3, 4, 7, 16; 98:20, 25; 22; 107:2; 127:17, 18
85:7, 18; 86:2, 8, 9; 87:17,
69:25; 70:22; 73:16; 74:23;
99:7, 10; 100:22; 101:3, 15; attorneys [2]
18; 89:14, 15, 18, 20;
76:20; 80:23; 81:25; 88:17;
104:20
2:11; 4:11
92:25; 93:4, 9; 100:16;
92:15; 93:12; 115:2;
102:11; 105:6; 109:3;
articles [14]
audible [2]
120:20; 121:14, 18
93:18; 101:21, 24; 102:3, 7, 5:24; 6:2
110:16; 121:3, 12, 14, 22;
believed [1]
8, 9, 21; 103:4; 115:9;
122:14
august [20]
29:22
116:7, 17; 118:23
9:24; 11:12; 13:22; 14:4;
board's [1]
believes [1]
15:15, 18; 16:4, 18; 60:25;
61:16
artifact [1]
25:2
35:22
61:9; 62:2, 13, 18; 64:5;
bob [2]
bellone [1]
66:17; 68:9; 73:10; 85:19;
15:23; 16:8
artifacts [3]
101:10
64:11; 66:24; 95:23
94:20; 96:25
body [2]
belonging [1]
55:14; 112:19
artwork [1]
authority [21]
36:6
97:25
20:4, 7; 21:8, 14, 22; 24:22;
bonsignore [1]
besides [1]
25:2; 36:22, 25; 37:6, 11,
37:13
aside [2]
125:23
30:20, 22
17; 75:17, 20; 90:14; 91:13;
book [3]
best [5]
99:19, 21; 100:17, 18;
92:14, 19
asking [3]
15:13; 120:16, 18, 25;
40:22; 86:25; 119:13
104:24
books [1]
122:19
92:5
asserted [2]
authorize [1]
bestowed [1]
45:18; 60:25
49:3
borough [14]
127:7
13:10, 11; 15:7, 22; 19:9,
assertion [4]
authorized [11]
bigwig [1]
64:7; 83:21; 98:3, 5
46:5; 51:12; 80:7; 81:6, 14;
10, 11, 13, 25; 20:3, 10;
100:11
83:20; 112:9, 11; 125:15;
53:14; 108:18, 20
asserts [2]
bill [2]
70:18; 87:3
126:7, 16
boroughs [1]
16:9; 53:7
110:3
assign [1]
authorizes [2]
billing [2]
110:2
48:17; 78:9
bother [1]
95:21; 96:3
23:24
assigned [6]
available [2]
binder [3]
11:25; 12:5, 8; 19:21; 28:4; 22:21; 23:21
brandon [1]
60:5; 68:23; 79:8
109:23
37:21
avenue [2]
binders [1]
1:11; 2:12
assignments [1]
break [6]
44:15
19:22
6:7, 8; 42:9, 11; 44:17;
avoid [1]
bit [4]

www.ellengrauer.com

Ellen Grauer Court Reporting


(212) 750-6434

BSA XMAX(3/86)

GARY SUSON

STEPHEN J. CASSIDY - 9/13/2007

VS. NYP HOLDINGS, INC.

57:25

14:21, 22

checking [1]

co [2]

30:10; 75:9

breaking [1] 29:8


brian [2]

capacity [2]

72:24

1:23; 130:2

connected [1]

23:12; 82:7
captain [1]
12:20

checks [4]

collaborate [1]

47:5

51:16, 18; 78:18; 89:24


chief [12]
12:20, 21; 22:25; 23:6, 8;
32:14, 25; 96:10, 14, 18;
126:24; 127:4
chiefs [5]
12:21, 22; 28:11; 82:13;
126:22
children [1]
89:2
childrens [11]
78:18; 88:20; 89:22; 90:16,
18; 91:10, 19; 92:3, 7, 10,
18
circulating [1]
32:17
circumstances [2]
10:15; 47:20
citizens [1]
36:20
city [22]
1:1; 4:21; 11:15; 13:5, 6;
19:2; 28:22; 33:24; 82:8;
89:3; 102:10; 104:17;
108:25; 109:7; 114:15;
123:5, 8, 10; 124:3, 6;
125:24; 126:19
citywide [1]
13:13
civil [1]
1:1
claim [4]
68:14; 75:25; 84:21; 100:2
claimed [1]
86:11
claiming [3]
78:16, 25; 96:23
claims [1]
99:24
clarified [1]
78:19
clarify [5]
42:6; 58:11; 78:14, 15;
114:3
class [1]
11:17
clean [1]
99:25
clear [9]
30:13; 37:15; 48:15; 49:2;
53:3; 70:12; 73:18; 76:6;
84:21
client [1]
122:22
closing [1]
83:15
clothing [1]
36:11

25:4

connection [4]

collapsed [1]

91:17; 104:5, 9, 13
consider [2]
77:11; 118:21
considered [3]
35:14; 93:13; 126:22
considering [3]
66:23; 118:16, 19
constitution [15]
17:3, 23, 24; 18:6, 16;
19:21; 54:19; 55:7; 81:7;
109:12, 14, 16, 20, 24;
111:5
construction [1]
30:11
consultation [1]
14:12
contact [5]
10:9; 22:17; 63:21; 70:20;
80:21
contacted [3]
62:17; 65:23; 69:24
contained [1]
95:15
contention [1]
98:10
contents [1]
106:4
context [4]
11:6; 49:8; 77:17; 113:14
conti [14]
2:14; 3:4, 17; 4:6, 9; 12:13;
57:24; 59:12; 106:17;
113:17; 115:7; 118:15;
119:23; 127:13
continue [1]
122:2
continued [6]
33:15; 66:5; 70:8; 72:13;
75:24; 79:4
continuing [2]
75:25; 78:21
contract [2]
19:2; 109:8
contracts [2]
10:5; 14:13
contributions [3]
90:2; 92:11, 12
control [1]
124:4
controversy [1]
41:23
conversation [7]
66:2; 70:3, 5; 73:12, 17;
80:4; 88:7
conversations [3]
11:5; 68:8; 106:5
conveyed [1]

37:12; 92:3
briefed [3]
61:12; 62:11, 14
briefing [1]
10:24
briefly [2]
13:3; 26:24
brigade [1]
29:22
bringing [1]
46:18
broad [1]
40:15
bronx [2]
15:23; 16:14
brooklyn [7]
8:11, 22; 11:21; 13:11, 12;
15:24; 16:12
brown [1]
16:14
bruce [5]
3:10; 102:17; 115:8;
116:13, 24
bucket [1]
29:22
building [1]
20:17
burke [1]
16:3
business [2]
58:25; 71:3
busted [1]
100:24
butler [30]
20:12, 13, 20; 22:4, 19, 21;
24:3; 60:16, 20, 24; 61:7, 9,
11; 62:11, 17; 63:19; 64:17;
65:15; 66:4, 5, 9, 17; 67:5,
22; 68:8; 69:17; 70:17;
71:16; 77:2; 87:14
butler's [1]
22:7

**C**
call [13]
17:9; 18:12, 14, 15; 23:8;
45:25; 48:2; 69:14, 22;
72:20, 24; 73:7, 22
calling [1]
63:22
calls [5]
22:10, 23; 108:23, 25;
122:9
cam [1]
95:3
campaign [1]
52:24
candidates [2]

captioned [1]
90:24

career [2]
9:9; 12:3

carried [1]
36:9

carry [1]
118:8

case [4]
4:13; 70:11; 90:24; 130:4
cases [1]
51:19
cassidy [15]
1:16; 3:2; 4:7, 17; 58:4;
69:14; 74:21; 93:16;
103:19; 105:14; 127:14;
128:7, 16; 129:10; 130:5
cassidy's [1]
85:14
catastrophe [1]
47:23
caught [1]
103:25
cc [1]
74:21
cc'd [1]
79:22
cease [5]
73:3; 77:13; 78:24; 86:25;
87:6
cell [2]
28:13; 32:11
center [1]
26:16
certify [3]
128:8; 129:9, 15
chairman [3]
51:21; 53:12, 13
change [3]
31:25; 71:5; 74:8
channels [1]
11:3
characterize [1]
115:17
charge [3]
28:21; 97:23; 125:5
charges [13]
3:11; 54:3, 12, 15, 18, 24;
55:4, 17, 21; 56:9; 117:5,
10, 13
charitable [1]
88:21
charity [4]
89:6, 12, 16; 100:23
chart [1]
32:2

Ellen Grauer Court Reporting


(212) 750-6434

www.ellengrauer.com

114:8

collection [1]
102:6

college [3]
8:17, 19, 21
column [3]
96:8; 99:11, 23
coming [1]
106:6
command [1]
32:7

commanders [1]
33:10

comment [10]
21:8, 11, 15, 24; 22:15;
65:3, 7, 11; 93:17; 99:13
commented [1]
61:7
commenting [1]
65:22
comments [1]
61:7
commission [1]
130:24
commissioner [2]
28:23; 118:9
committed [1]
34:23
communicate [1]
76:8
communications [6]
28:10, 16; 29:2; 32:6; 33:7;
43:3
complaint [1]
54:11
complete [1]
128:11
comprises [1]
13:4
concern [3]
11:9; 17:8; 18:5
concerning [2]
10:6; 64:10
concerns [3]
54:20; 63:19; 64:6
conduct [1]
122:9
conducted [2]
67:12, 22
conduit [1]
84:25
conference [4]
11:7; 107:11, 12, 19
confirmed [1]
100:11
conjunction [2]

From breaking to conveyed

GARY SUSON
87:4

conveying [1]
87:10

coordinate [1]
28:9

coordinated [1]
21:13

copy [6]
3:11; 17:22; 47:14, 16;
50:3; 117:25
cordoned [2]
34:24
corner [1]
100:23
counsel [7]
6:4; 18:3; 24:12, 15; 41:8;
61:15; 106:17
counterproductive [1]
63:24
county [3]
1:2; 128:5; 129:5
couple [5]
5:9; 33:4; 58:6; 108:12;
122:12
course [1]
58:25
court [4]
1:1, 23; 5:23; 130:2
courtesy [2]
123:16; 124:16
coverage [1]
116:17
crime [10]
34:16, 20, 22, 23; 35:3, 5,
10, 14, 18, 20
cross [1]
113:9
crossed [1]
59:17
crosses [3]
111:21, 23; 113:7
curr-ator [1]
98:21
current [5]
4:19; 9:15; 26:2; 97:9, 22
currently [2]
15:19; 16:16
cut [1]
107:16
cynthia [2]
1:6; 94:4

**D**
daily [3]
11:3; 102:8, 12
dan [1]
16:14
date [3]
13:21; 107:23; 130:5
day [20]
22:5; 24:6; 27:6, 16, 21, 23;

From conveying to employ

BSA XMAX(4/87)

VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007


32:11; 55:3; 76:15, 16;
102:5; 108:24; 115:13, 14,
18, 20, 21; 128:20; 129:20;
130:23
days [7]
22:6; 28:12; 29:10, 11;
31:22; 82:10, 21
de [1]
45:15
deal [2]
48:5; 54:16
dealing [5]
10:17; 19:13, 15; 28:16;
110:18
debated [1]
54:22
debris [3]
114:8, 11, 17
decide [2]
17:11; 122:6
decided [11]
40:20; 41:10; 58:20; 61:13,
21; 70:8, 25; 71:6; 85:7, 24;
86:9
decision [5]
40:14; 61:16; 75:7; 76:11;
126:7
decisions [1]
68:5
deemed [5]
30:2; 34:24; 63:23; 112:19;
125:17
defaming [1]
103:23
defendants [3]
1:8; 2:11; 4:11
deficient [1]
116:17
definitely [3]
5:6; 32:3; 72:7
definition [1]
34:22
degree [2]
8:23; 121:18
delegates [1]
108:23
demand [1]
77:12
demanding [1]
96:22
depalma [1]
15:25
department [13]
9:3; 10:25; 12:18; 25:12;
30:24; 31:23; 35:21; 53:16;
102:4; 112:18; 116:11;
123:17; 127:7
departure [2]
85:12, 23
depending [1]
10:14

deposed [2]

discussing [1]

dumped [3]

5:4, 6

83:23

deposition [10]

discussion [7]

1:16; 4:24; 105:23; 106:2,


7, 10; 119:17; 128:10;
129:12; 130:5
deputy [1]
12:20
describe [10]
10:2; 19:7; 25:7; 26:7, 13,
24; 30:6; 34:19; 36:8; 38:21
described [2]
18:19; 60:15
description [2]
3:8, 14
designated [4]
17:2; 35:18, 19; 109:2
designation [1]
42:2
desire [1]
77:5
desist [5]
73:4; 77:14; 78:24; 86:25;
87:6
destruction [1]
26:17
detail [2]
109:13; 120:10
details [5]
52:19; 67:23; 70:5; 73:14;
80:3
detectives [1]
114:15
determination [1]
62:3
determine [1]
17:17
determined [1]
85:18
digging [1]
29:8
disability [1]
53:17
disagree [1]
112:24
disagreed [1]
122:2
disciplinary [2]
19:16, 19
discipline [2]
108:21, 22
discuss [6]
17:5; 46:13; 65:16; 67:25;
93:11; 121:15
discussed [25]
21:21; 22:2; 40:12; 41:4;
43:17; 49:5; 55:12; 58:5;
69:20; 70:25; 72:10, 12;
75:12, 14, 15; 80:6; 82:17;
86:8; 87:16, 17; 93:9, 13;
104:23; 121:4, 17

41:5, 9; 48:3; 58:13; 86:5;


87:22; 110:15
discussions [9]
59:5; 61:13; 66:17; 76:18,
22, 25; 82:11, 23; 88:4
dismissed [2]
54:14; 117:8
display [2]
119:10; 123:6
displaying [1]
64:11
disposed [1]
114:13
dispute [3]
18:4; 60:15; 100:2
disputes [2]
19:14; 110:19
disturb [1]
35:5
document [34]
6:23; 7:6, 10, 20; 57:14;
60:10; 63:8, 15; 65:19, 21;
69:4, 7, 11, 20; 71:14; 72:3;
74:18, 20; 78:3; 79:16, 18;
81:23; 83:14; 84:6, 9;
86:19, 22; 90:22, 23; 91:2,
6, 14, 22
documents [8]
3:7; 7:15, 25; 66:20; 106:9,
13; 115:16, 17
doesn't [4]
42:7; 45:14; 86:23; 116:8
dollars [2]
90:8; 97:25
don [2]
15:25; 16:12
donate [3]
97:24; 98:5, 10
donated [1]
90:6
donations [1]
89:22
doubt [2]
119:10, 21
draft [1]
47:3
drafted [1]
76:9
dragged [1]
57:11
drawn [1]
46:9
drugs [1]
6:18
due [1]
28:4
duly [2]
4:2; 129:12

113:23, 24; 114:4


dumpster [2]
96:12, 16
duties [13]
10:2; 19:7, 20; 23:17;
27:24; 33:6; 81:12; 100:4;
108:17; 109:11; 110:2;
111:2; 118:8
duty [8]
27:2; 28:4; 89:4; 109:16;
118:10; 123:20; 124:12;
126:22

www.ellengrauer.com

**E**
e-mail [16]
2:17; 69:11, 25; 71:15, 17,
23; 72:10; 79:13, 20, 25;
80:14, 17, 21; 103:9, 10, 17
e-mailed [2]
70:7; 102:11
e-mails [1]
102:14
early [4]
23:15; 38:5; 54:8; 120:22
easier [1]
24:5
east [5]
1:23; 9:20; 11:20; 20:18;
130:2
easy [1]
122:5
ed [2]
16:3, 13
effective [1]
13:22
effects [1]
30:22
effort [4]
30:3, 5; 47:13; 100:2
efforts [6]
27:7; 29:3, 15; 36:21;
38:23; 49:9
eighth [1]
91:22
elected [12]
9:13, 22; 11:12; 12:4; 13:9,
10, 21, 23; 53:11, 14;
54:21; 82:7
election [7]
14:6, 8; 52:25; 53:20; 54:8;
56:14; 110:12
elects [1]
13:12
ellen [2]
1:23; 130:2
emblem [2]
112:6; 113:2
emergency [2]
18:18, 19
employ [2]

Ellen Grauer Court Reporting


(212) 750-6434

BSA XMAX(5/88)

GARY SUSON
102:15; 115:8
employed [3]
20:14; 108:5; 116:24
employee [3]
37:6; 107:2; 117:3
encounter [1]
35:2
end [7]
17:15; 41:9; 73:10; 74:20;
83:14; 87:4, 23
ended [1]
46:16
endorsement [2]
45:15; 49:14
endorsements [1]
40:18
enforcement [1]
123:11
engine [2]
11:19, 20
ensure [1]
30:11
entirety [1]
21:5
entities [2]
65:7; 102:24
entitled [3]
100:23; 119:16; 125:16
entity [1]
116:25
errata [1]
130:1
erroneous [1]
69:15
erupted [1]
41:23
esq [3]
2:3, 7, 14
et [1]
130:4
eventually [1]
30:8
everybody [3]
27:8; 110:16; 111:3
evidence [5]
34:25; 112:13, 20; 114:12,
17
ex-union [2]
97:11; 100:11
exact [1]
13:20
exactly [2]
41:18; 62:9
exam [1]
12:23
examination [4]
3:3; 4:5; 105:20; 129:11
examine [1]
119:6
examined [1]
4:3

STEPHEN J. CASSIDY - 9/13/2007

example [1]

firefighting [2]

80:22

12:25; 102:10
firehouse [6]
9:12; 11:23; 12:6, 8; 19:3;
123:15
firehouses [3]
11:19; 123:8, 9
fires [2]
118:6; 120:14
firm [2]
20:19; 107:2
first [43]
4:2; 9:11, 22; 11:18; 15:15,
17; 26:21; 27:16, 20; 28:9,
12; 29:10; 31:18, 19, 21;
32:2; 33:4; 38:2, 10; 39:12,
22, 24; 44:16; 45:6, 9, 25;
50:3; 52:24; 53:2; 60:25;
62:22; 63:18; 66:12; 69:12;
82:10, 21; 84:10; 87:2;
95:20; 102:17; 120:21, 23;
121:11
firsthand [1]
111:15
fisher [1]
8:20
five [6]
13:10, 12; 15:7; 21:4;
32:11; 53:14
floor [5]
1:23; 2:5; 20:18; 28:6;
130:2
folks [2]
16:5; 79:21
follow-up [1]
105:19
followed [1]
28:15
following [3]
82:10, 22; 89:5
follows [2]
4:3; 91:12
form [8]
17:9; 35:8, 11; 43:4; 79:25;
90:19; 97:17; 100:20
formal [4]
54:3, 15; 55:4; 76:9
former [7]
25:24; 49:21; 84:14; 86:12,
16, 18; 104:2
forth [4]
50:17; 61:4; 72:17; 129:11
forward [2]
22:10; 70:12
forwarded [3]
71:15; 103:13, 17
found [9]
7:22; 30:20; 32:17; 33:16;
49:20; 56:25; 86:6; 116:13,
16
four [5]

2:16; 63:9
fdny [16]
37:5, 15; 91:10; 96:21;
excused [1]
109:7
97:10, 23; 99:14, 17, 25;
100:2; 112:6, 25; 113:9;
executive [11]
14:25; 15:4; 55:2, 12;
115:10; 116:3; 126:8
56:25; 57:4; 75:10; 84:20;
february [1]
87:18, 20; 100:16
11:24
exhibit [24]
fell [1]
3:14; 6:25; 44:24; 56:5;
28:6
60:4; 63:6; 65:19; 68:22;
fern [2]
71:8; 73:19; 74:12; 77:22;
46:24; 56:19
79:7; 81:19, 24; 84:2;
field [1]
86:20; 89:25; 90:21; 94:24; 17:6
98:18; 100:21; 103:7; 123:3 fifth [2]
1:23; 130:2
exhibition [1]
95:24
file [4]
54:3, 18, 24; 117:16
exhibits [3]
3:17; 44:15, 23
filed [1]
91:11
expansive [2]
10:4; 24:4
files [1]
47:14
expect [1]
110:9
filing [1]
56:9
expected [4]
110:5, 6, 16, 24
fill [1]
102:19
expires [1]
130:24
final [1]
6:17
explained [1]
111:4
finances [1]
109:17
express [1]
28:14
find [4]
32:14, 24; 33:2, 15
extended [1]
32:3
fine [1]
120:18
**F**
finished [2]
5:16; 122:21
facilitate [1]
fire [46]
44:10
9:3; 10:25; 12:14, 18;
fact [8]
13:16, 18; 16:2, 11; 19:3, 4;
33:3; 47:19, 25; 57:10;
25:5, 11, 13; 27:4; 28:6;
67:18; 71:4; 72:24; 104:23
30:23; 42:7; 49:22; 50:12;
facto [1]
53:16; 66:21, 22; 67:7;
45:15
89:3; 96:10, 14, 18; 97:6;
fagan [2]
102:4; 114:16; 116:10;
1:6; 94:5
118:4, 9, 10, 15, 18; 119:2,
fair [2]
5, 8, 18; 120:8, 9; 127:2, 8
21:16; 89:6
firefighter [14]
fallen [1]
9:2; 11:15; 12:3, 19; 13:6;
89:7
23:10; 35:2; 123:13; 124:3,
familiar [2]
6, 13, 25; 126:9, 23
34:16; 60:14
firefighters [46]
familiarize [1]
4:21, 23; 7:19; 9:8, 16;
5:10
10:6; 11:9; 13:5, 8; 17:6;
families [2]
19:14; 20:15; 25:12; 27:3;
47:24; 89:7
30:9; 33:24; 38:22; 39:18;
family [1]
40:10, 17, 24; 41:12; 47:24;
124:7
50:13; 73:2; 76:3; 77:12,
farinela [1]
16; 82:8; 89:3, 7; 91:9;
71:19
95:22; 100:9; 108:20;
favor [2]
111:17, 19; 123:6, 10, 20;
12:17; 41:25
125:3, 21, 24; 126:2, 12, 20
fax [2]

Ellen Grauer Court Reporting


(212) 750-6434

www.ellengrauer.com

VS. NYP HOLDINGS, INC.


7:9; 32:11; 54:12; 104:2;
115:25
fourth [1]
74:4
francis [1]
8:21
frank [3]
28:19; 88:4, 7
free-flowing [1]
41:9
frequency [1]
50:10
frequent [1]
10:9
frequently [3]
18:9; 22:3; 25:15
fresh [8]
31:11, 12, 15; 113:18;
114:3, 5, 9, 18
friend [2]
38:19; 124:7
frivolous [1]
54:14
front [3]
68:23; 109:20; 117:12
full [2]
4:15; 18:25
full-time [7]
18:22, 24; 19:5; 109:4, 5, 8,
25
function [2]
24:5; 116:6
fund [14]
78:19; 88:20; 89:9, 23;
90:10, 16, 18; 91:10, 19;
92:3, 4, 7, 10, 18
furnished [1]
102:20

**G**
gaining [1]
83:6

gallagher [19]
14:16, 17, 23; 43:20; 45:25;
46:2; 48:10, 20; 56:18;
57:2, 12; 79:20, 23; 80:4;
86:6, 13, 17; 87:15; 121:20
gallagher's [4]
46:8, 15; 61:18; 86:19
garbage [2]
113:25; 114:12
gary [33]
1:3; 2:20; 4:13; 37:23; 38:3;
48:7, 12; 61:10; 68:9;
72:24; 82:9, 20; 83:16;
90:25; 91:4, 6, 25; 93:18;
94:2, 8, 14, 16; 107:20, 22;
108:2, 6, 8; 114:21; 119:11;
120:21; 121:4, 11; 126:14
gaskell [2]
1:7; 94:11

From employed to gaskell

GARY SUSON

BSA XMAX(6/89)

VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

gathered [1]

head [3]

house [1]

1:6

34:25

5:25; 16:24; 89:19


headquarters [3]
28:4, 10; 108:22

27:4

independently [1]

humenesky [1]

17:13

16:13

index [1]

headshots.com [1]

humiliating [1]

1:9

91:7

63:24

indirectly [1]

health [2]

hundred [1]

64:12

15:9; 16:9
hear [1]
5:16
heard [9]
31:11; 37:20, 23; 38:2;
39:12; 48:7; 66:12; 72:21;
101:12
hearing [2]
32:22; 101:13
held [3]
15:14; 16:5; 18:18
helped [1]
44:10
helping [1]
28:25
hereby [2]
128:7; 129:9
hereinbefore [1]
129:11
hereunto [1]
129:19
hhlaw.com [1]
2:17
high [4]
8:8, 10, 11, 13
highlighted [1]
118:24
hogan [3]
2:10; 4:10; 107:2
hold [3]
11:14; 12:24; 17:4
holdings [2]
1:6; 130:4
home [1]
27:3
honest [8]
27:15; 31:25; 32:10; 48:13;
51:2; 62:8; 94:3; 122:11
honorary [3]
126:21, 24; 127:3
honored [1]
97:24
hope [2]
123:11, 16
hopes [1]
123:13
horrible [2]
104:6
host [1]
10:7
hour [1]
44:18
hours [4]
31:20, 22

90:7

individual [5]

27:18; 28:8; 29:4, 8, 15;


30:7, 8, 17; 31:5, 8, 16;
32:7; 34:8; 35:13, 19, 23;
gave [4]
50:2; 96:11; 100:10; 125:20 36:15, 16, 21, 23; 37:2, 7,
16, 18; 38:25; 44:3, 8;
gear [1]
27:4
49:19; 59:20, 23; 62:24;
64:13; 66:6, 24; 68:16;
generated [1]
50:5
69:17; 71:17; 73:2; 74:6;
81:2; 83:6, 17; 95:23; 96:4,
give [25]
6:19; 33:10; 37:11; 40:8,
15, 16; 99:15, 22; 103:18;
18; 43:8; 52:18; 63:22;
105:5, 11; 111:8, 13, 18,
96:14; 99:18, 21; 120:11,
20, 22, 24; 112:7; 113:7,
18; 122:6, 21; 123:5; 124:2, 22; 114:22; 118:12, 24;
7, 23, 24; 125:16; 126:8,
119:21
11, 14, 18
groundrules [1]
5:10
given [18]
6:10; 19:22; 23:22; 97:12,
group [3]
18, 21; 100:3; 119:18;
53:15; 124:16, 20
122:4; 123:19, 21; 124:3,
guess [9]
15, 16; 125:23; 127:10;
41:17, 21; 73:22; 110:7;
128:13; 129:13
115:15; 118:8; 119:25;
120:25; 122:14
giving [1]
125:5
guessing [1]
62:7
glance [2]
71:10; 84:3
guidelines [4]
82:11, 17, 23; 83:11
goals [1]
88:24
guy [2]
33:8; 80:9
gorman [13]
25:23; 46:2, 6, 19; 47:8, 17; guys [1]
49:22; 56:18; 57:2, 13;
32:3
86:6; 87:14; 121:21
**H**
gorman's [1]
61:19
half [1]
grabbed [1]
9:11
27:4
hallway [1]
grade [1]
106:18
11:18
hand [2]
graduate [1]
34:11; 129:20
8:13
handle [2]
grant [12]
22:23; 110:9
40:7, 14; 41:10; 43:11;
haphazard [1]
45:14, 19, 20; 58:21; 61:23;
29:25
80:11; 85:6; 86:9
happening [1]
granted [10]
68:2
18:25; 19:22; 39:16; 43:12,
happens [1]
24; 45:12; 70:9; 88:10;
93:7
100:17; 122:4
happy [2]
granting [1]
5:19; 6:8
41:25
hartson [3]
grauer [2]
2:10; 4:10; 107:3
1:23; 130:2
haven't [4]
great [1]
59:7; 69:9; 108:9; 113:8
6:22
hazy [1]
greatly [1]
27:16
105:14
he's [26]
gribbon [4]
20:25; 21:2, 5, 13, 25;
28:19; 88:4, 7, 12
22:13; 23:9, 10, 25; 24:14;
grievances [2]
28:21, 22; 66:7, 11; 73:22;
10:7; 108:21
83:12; 86:2, 23; 87:11;
ground [69]
104:10; 116:19, 20, 21;
26:10, 14, 18, 19, 22;
117:3; 120:23

From gathered to interview

www.ellengrauer.com

**I**
i'd [4]
16:4; 55:6; 60:4; 62:7
i've [15]
5:3; 21:3; 45:2; 69:25;
88:17; 92:16; 104:22;
113:9, 12; 114:3, 4, 6;
115:4; 119:18; 120:8
i.d. [1]
3:14
i.e. [2]
13:11; 36:11
idea [12]
41:19; 44:7; 50:5; 73:5;
82:24; 83:12; 84:15; 87:11;
90:4; 104:7, 10; 112:10
identification [1]
7:2
illegal [1]
119:12
illegally [5]
95:23; 119:20; 120:2, 5;
123:15
immediately [3]
76:17; 77:13; 114:21
impact [1]
27:9
impeached [1]
54:5
impeachment [1]
54:18
implied [1]
40:15
implying [1]
43:13
important [3]
25:10; 47:25
impossible [1]
23:21
improbable [1]
96:19
improperly [2]
95:21; 96:3
inaccurate [3]
79:5; 102:22; 103:5
inc [1]
1:6
incident [1]
52:21
include [1]
114:12
incorporated [1]

17:7; 37:7, 17; 110:5;


124:23
individuals [5]
16:15; 33:21, 23; 41:2;
111:14
information [11]
3:7; 28:7, 8, 22, 23; 32:19,
22; 95:15, 18; 99:7, 10
initial [1]
78:24
initially [3]
52:22; 113:10; 124:11
initiate [2]
22:10; 55:4
injuries [1]
28:5
injury [1]
28:5
inquiries [3]
62:12, 19; 64:10
inquiry [1]
65:5
insecure [1]
84:13
insofar [2]
100:15; 110:6
instance [3]
55:19; 116:4; 126:13
instances [3]
10:20; 21:22; 50:23
instructed [1]
110:18
instructions [1]
6:15
interact [1]
16:23
interaction [2]
56:10; 73:15
interest [1]
107:17
interested [1]
129:17
interesting [1]
82:19
interests [1]
104:4
intermediary [2]
23:19; 73:21
internally [1]
53:20
internet [2]
116:5, 9
interview [1]

Ellen Grauer Court Reporting


(212) 750-6434

BSA XMAX(7/90)

GARY SUSON
22:17

interviewed [4]
57:15, 18; 82:8, 20
interviews [1]
33:9
introduce [1]
82:12
introduction [1]
97:5
investigate [4]
49:9; 118:6, 11; 120:6
investigates [1]
55:15
investigating [1]
120:14
investigation [5]
57:21; 67:12, 23, 24;
122:10
investigatory [1]
112:19
investments [1]
53:17
involved [9]
10:23; 22:8; 24:2; 27:9;
33:20, 22; 36:21; 63:25;
89:12
involvement [1]
22:8
involves [2]
20:9; 53:17
involving [2]
19:12; 110:19
iodice [1]
46:24
iron [1]
30:10
island [2]
16:2, 13
issue [10]
10:25; 21:17, 20; 39:10;
67:18; 68:2; 76:5; 78:15;
87:5, 10
issued [1]
124:11
issues [13]
10:6; 11:8; 17:5, 8; 23:2,
23; 24:20, 21; 25:9; 53:18;
93:11; 108:22; 116:11
item [4]
37:7, 18; 70:24; 112:23
items [20]
29:19; 30:17, 21; 32:17;
35:9; 36:16, 23; 96:16;
99:15, 22; 111:8, 12, 18;
118:12, 24; 119:6, 9, 20;
120:5

**J**
jack [1]
26:4

james [4]

VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007


63:9; 71:12, 13; 85:14
jared [2]
2:3, 7
jason [1]
2:14
jay [2]
4:9; 106:17
jewelry [1]
36:12
jim [11]
15:18; 16:8; 22:25; 23:5,
25; 69:12; 70:3; 73:23;
87:19; 103:19
job [9]
9:10; 81:12; 109:4, 5, 9, 25;
110:13; 116:14; 118:4
jobs [1]
73:20
joe [3]
15:21; 16:10; 125:11
john [4]
1:7; 8:20; 15:23; 16:12
join [1]
50:15
joint [7]
25:17, 20; 50:8, 13, 18, 21;
97:5
jpconti [1]
2:17
july [4]
13:23; 14:7, 10; 53:3

83:2, 4; 91:18; 111:16

**L**
labeled [1]
91:2

labor [1]
116:11

landfill [6]

31:12; 36:18; 113:18;


114:4, 5, 10
lane [1]
4:18
lash [1]
77:5
last [12]
3:10; 10:22; 11:3; 62:22;
77:8; 85:10; 86:10; 96:8;
101:15; 102:16; 107:5;
108:4
late [8]
23:15; 26:23; 30:3; 38:5;
39:7; 54:9; 120:22, 25
latitude [1]
21:24
law [1]
107:2
lawsuit [2]
5:7, 13
lawyer [2]
87:5; 92:24
layne [4]
16:11; 66:21; 67:6; 118:17
**K**
lead [1]
33:8
keep [1]
33:14
leaders [1]
101:16
keeping [1]
107:18
leading [1]
56:15
kelly [2]
15:23; 16:12
leaf [1]
7:3
kept [1]
58:24
learned [1]
95:25
kevin [14]
14:16, 23; 15:20; 43:20;
leave [1]
46:8, 12; 47:10; 48:3, 10,
102:18
14; 86:6, 13, 17; 121:20
lefkowitz [18]
2:3, 7; 3:5; 6:4; 12:10;
kevin's [4]
46:24; 47:4; 48:3; 49:24
19:17; 35:8, 11, 15; 59:10,
13; 90:19; 97:16; 98:14;
killed [2]
36:10; 89:3
105:18, 21; 117:19; 127:11
kills [7]
legal [2]
31:11, 15; 113:18; 114:3, 5, 24:20, 21
10, 18
legitimacy [2]
63:19; 64:6
kim's [1]
31:12
lengthy [2]
82:11, 23
kinds [3]
17:16, 18, 19
lester [4]
16:11; 66:21; 67:6; 118:17
kiosk [1]
90:24
let's [3]
8:7; 10:9; 57:25
knowledge [12]
7:21; 24:18; 43:16; 52:5;
letter [69]
65:9, 14; 73:24; 81:11;
43:21; 45:3, 7, 10, 14, 18,

Ellen Grauer Court Reporting


(212) 750-6434

www.ellengrauer.com

24; 46:5, 8, 9, 16, 19, 21;


47:3, 4, 6, 7, 14, 18; 48:4,
12, 16, 19; 49:9; 50:3, 6, 8;
56:20, 23; 60:15; 61:2, 18;
63:17; 64:18; 73:4; 74:14;
75:2, 4, 8, 17, 19, 22, 23;
76:10, 12, 19, 23; 77:4, 11;
78:6, 9, 13, 19, 24; 80:7, 8;
83:11, 24; 84:17; 86:3, 12,
16, 24; 87:6; 91:24; 96:22;
97:5, 9
letterhead [1]
50:11
letters [2]
43:9, 10
liaison [1]
23:2
lieutenant [2]
12:19; 37:16
life [1]
66:10
light [1]
28:4
linda [1]
79:12
line [5]
62:22; 74:21; 79:12; 89:4;
130:6
list [1]
124:15
listed [1]
16:16
listen [1]
5:14
llc [2]
1:23; 130:2
located [1]
9:19
logistics [1]
29:18
looks [2]
55:14; 123:4
lot [2]
26:17; 88:2
lower [1]
100:22
loyal [1]
104:3

**M**
main [2]
24:5; 116:6
mainly [1]
33:12
major [3]
11:2; 63:22; 87:21
majority [1]
18:17
man [3]
22:13; 66:10; 108:24
management [1]

19:15

mandates [1]
14:12

manhattan [10]
15:24; 16:14; 27:5; 38:11;
52:11; 81:5; 95:20; 108:18;
109:17; 110:10
manner [3]
17:9; 91:15; 100:19
mantle [3]
39:16; 40:8, 21
mark [1]
6:23
marked [4]
6:25; 7:9; 65:19; 81:24
marriage [1]
129:17
marshal [12]
13:16; 15:10; 16:3, 11;
19:3, 4; 42:7; 66:21; 67:7;
118:18; 120:8, 9
marshals [12]
13:18; 30:23; 66:22;
114:16; 118:5, 10, 15, 19;
119:3, 5, 8, 19
material [4]
29:19; 30:7, 11; 31:14
materials [1]
115:9
matter [4]
20:8; 57:10; 105:12; 129:18
matters [1]
21:9
mcadams [1]
15:21
mcardle [5]
15:20; 125:14, 15; 126:3,
14
mcdonald [1]
26:4
mean [12]
21:10; 31:6; 36:3, 7; 38:25;
41:16; 67:24; 87:23; 90:20;
120:3; 124:20, 22
meaning [4]
36:17; 81:13; 99:23; 116:17
means [3]
19:2; 35:23; 104:14
meanwhile [1]
96:21
media [21]
10:5, 8, 17, 20, 24; 21:25;
22:12; 28:17; 32:20; 33:14,
18; 63:22; 64:22; 65:6, 15;
70:15; 71:4; 72:17; 102:23;
104:17; 116:7
medications [1]
6:18
meet [5]
88:13; 92:24, 25; 93:4, 6
meeting [27]

From interviewed to meeting

BSA XMAX(8/91)

GARY SUSON
18:12, 14, 15, 18, 19, 20;
38:17; 39:4, 20, 21, 23, 25;
40:13; 54:20, 25; 55:2, 10;
57:4, 7, 8, 10; 75:12, 14;
76:6; 87:18; 121:14; 122:15
meetings [12]
3:9; 17:5; 18:3, 9; 41:3;
57:16; 58:9, 25; 59:15;
121:3, 12
member [9]
13:7; 16:25; 18:12, 15, 24;
42:4, 7, 8; 84:14
members [17]
13:10, 11; 17:8; 19:12;
23:22; 41:6; 54:21; 61:14;
75:15; 82:13; 87:18; 89:20;
102:12; 104:2; 108:23;
110:20; 124:24
membership [3]
13:4; 55:17; 110:7
memorial [2]
91:8; 92:4
mention [2]
48:6; 87:19
mentioned [10]
10:8; 15:6; 18:8, 21; 23:5;
24:11; 38:10; 39:24; 52:9;
118:14
mentioning [2]
39:23; 47:17
merit [1]
54:22
message [1]
103:13
metcalfe [1]
106:23
miccio [3]
15:21; 16:10; 125:11
michael [7]
7:17; 18:2; 24:11; 61:15;
92:24; 101:10; 103:11
middle [4]
84:12; 91:25; 98:21; 103:25
midst [1]
47:23
midway [1]
99:12
mike [4]
41:8; 57:19; 67:25; 80:19
mind [4]
57:24; 59:17; 119:10, 22
minute [1]
7:4
minutes [7]
3:9; 58:8, 24; 59:5, 7, 9, 15
mirro [1]
53:7
misinformation [1]
63:23
missed [2]
116:18, 21

From meetings to oversee

STEPHEN J. CASSIDY - 9/13/2007

mistaken [2]

nowhere [1]

60:18; 66:7

97:8

119:23; 121:6, 7, 10, 24;


122:4; 125:15; 126:3, 14;
127:11, 13, 14, 17, 19
moment [2]
115:6; 122:22
murphy [1]
16:14
money [11]
36:12; 89:2, 6; 90:5; 92:2,
murray [3]
9, 19; 98:6, 8, 10, 17
1:6; 93:21, 23
month [3]
museum [15]
18:10; 122:13, 17
61:5; 64:7, 10, 20; 66:13;
67:14, 19; 68:13; 69:17;
months [1]
27:20
71:17; 103:19; 119:3, 6, 9,
19
morning [5]
4:7, 8; 10:23; 79:12; 115:15 myself [1]
69:18
mostly [2]
116:7, 9
**N**
motivated [2]
75:23; 77:4
name [26]
moved [2]
3:10; 4:9, 16; 22:25; 37:12,
14:11; 30:7
20, 23; 38:3, 15; 39:13;
moving [1]
40:2; 45:9; 46:8; 48:7, 11;
59:10
52:4; 53:5; 91:4; 96:10;
mr [249]
101:12, 14; 102:16, 17;
3:4, 5, 17; 4:6, 7; 6:3, 4;
115:8; 130:4, 5
8:4; 12:10, 13; 14:17;
nature [5]
19:17; 22:4, 7, 21; 23:18;
26:25; 54:10; 65:25; 70:4;
24:3, 8, 17; 35:8, 11, 15;
117:13
38:10, 13, 18; 39:9, 16;
nazareth [1]
40:2, 7, 13; 41:4, 12, 25;
8:11
42:14; 43:3, 18, 25; 44:2,
neck [1]
10, 13; 45:9, 11, 18, 22, 23,
4:17
25; 46:2, 6, 13, 15, 19, 20;
needs [2]
47:8, 17; 48:9, 20; 49:10,
5:24; 108:19
12, 15, 19; 50:2; 53:9; 54:2;
negotiate [1]
56:4, 11, 18; 57:2, 5, 12,
10:4
13, 24; 58:4, 6, 15, 21, 22;
news [5]
59:6, 10, 12, 13; 60:16, 17,
1:6; 11:3; 64:23; 72:21;
20; 61:6, 7, 11, 18, 19, 23;
115:18
62:11, 17, 19, 23; 63:19;
newspaper [1]
64:2, 7, 14, 17, 20; 65:15,
101:21
16, 18, 22; 66:2, 3, 4, 5, 13,
newspapers [4]
17, 18, 23; 67:5, 11, 14,
115:3, 4; 116:8, 9
16, 17, 18, 22; 68:8, 12;
night [2]
69:12, 14, 20, 21, 24; 70:6,
10:22; 11:3
17, 18, 20; 71:15, 16, 18;
nobody [1]
72:12; 73:5, 9, 12, 17, 20;
40:13
74:2, 21; 75:5, 25; 76:7, 9,
nod [1]
16, 19; 77:2, 20; 78:7, 15,
5:25
25; 79:20, 23; 80:4, 11, 17,
nolan [3]
21, 24, 25; 81:7, 8, 12, 15;
1:17; 129:7, 23
82:17, 18; 83:3, 5, 6, 20,
notary [4]
24; 84:16, 21, 25; 85:11,
1:18; 128:23; 129:8; 130:24
14, 19, 23, 25; 86:14, 19,
noted [2]
24, 25; 87:3, 8, 14, 15, 16;
64:14; 127:20
88:5, 10, 12, 13, 16; 89:21;
noticing [1]
90:6, 14, 19; 91:13, 17;
34:4
92:13, 23; 93:10, 16; 94:20;
notified [1]
96:2; 97:16; 98:9, 14;
68:12
99:19, 24; 101:22; 103:22;
notify [3]
104:7, 20, 24, 25; 105:14,
55:8; 102:23; 103:3
18, 21; 106:6, 14; 113:17;
november [4]
115:7; 117:19; 118:15, 16;
27:22; 34:8, 11; 78:23

www.ellengrauer.com

VS. NYP HOLDINGS, INC.

officials [7]

13:9, 13; 96:21; 97:9, 23;


100:2, 9
111:2
oh [2]
31:12; 110:23
numbered [1]
44:22
okay [32]
31:7; 40:16; 44:20; 46:12;
numbers [1]
44:22
47:10; 60:8, 9; 63:7; 69:2,
6; 71:22; 74:16, 25; 77:10;
nyp [1]
130:4
78:2; 79:10, 15; 81:22;
84:5; 95:6; 98:23; 100:25;
**O**
101:2; 103:10, 15; 106:16;
108:11; 109:11; 111:7;
oath [3]
114:20; 122:18
6:10, 11; 128:9
one-on-one [1]
object [2]
11:7
35:8, 11
one-on-ones [1]
objection [7]
11:8
6:3, 6; 35:15; 90:19; 97:16;
one-page [4]
98:14; 119:23
63:8; 69:3, 11; 71:14
obligatory [1]
ones [1]
6:17
55:21
obviously [1]
ongoing [1]
44:6
9:13
occasion [2]
open [1]
52:8; 116:21
79:9
occasionally [2]
opened [1]
25:21; 93:7
67:14
occasions [2]
opening [3]
24:19; 58:6
66:13; 67:19; 68:13
occupation [1]
operation [1]
4:20
89:9
offered [1]
opinion [2]
9:3
71:5
office [15]
opponent [1]
13:22; 14:15; 15:17; 16:16;
53:6
20:17; 28:7, 24; 32:19;
opportunity [2]
46:7; 47:5; 51:16; 106:23;
17:7; 29:23
108:24; 115:15; 117:25
opposed [3]
officer [1]
36:17; 53:22; 63:22
12:15
orchestrated [1]
officers [12]
103:23
19:15; 25:5, 13; 33:25;
order [2]
49:23; 50:12; 89:3; 97:6;
55:4; 109:8
114:15; 123:12; 127:2, 8
organization [1]
offices [1]
88:22
9:20
origin [1]
official [64]
118:7
23:9; 37:6; 39:17; 40:9, 23;
original [1]
41:11; 43:24; 45:21; 49:15;
127:15
58:21; 59:20, 22, 25; 61:23;
outcome [1]
62:23; 64:8, 15; 68:15;
129:18
70:10; 71:2; 72:13, 25;
outlet [1]
74:6; 76:2; 77:15; 78:16,
104:17
21; 79:2; 80:11, 25; 81:9,
outlined [14]
15; 83:8, 9, 16; 84:13; 85:2,
17:22, 24; 18:16; 82:11, 23;
13, 20; 86:3, 12, 16, 23;
86:24; 97:20; 109:12, 13,
87:7; 95:21; 96:23; 97:8,
24; 110:5, 14, 24; 111:4
11, 19; 99:14, 18, 24;
outside [4]
100:4, 10, 18; 104:25;
93:5; 116:25; 123:7; 125:21
105:5, 10; 121:8; 122:5;
oversee [1]
124:14; 125:22; 126:10, 17

number [1]

Ellen Grauer Court Reporting


(212) 750-6434

GARY SUSON

BSA XMAX(9/92)

STEPHEN J. CASSIDY - 9/13/2007

89:18

place [7]

owner [1]

29:4, 14; 36:15; 39:4;


41:15; 52:22; 55:18
plaintiff [3]
1:4; 2:4; 4:14
played [1]
46:20
please [8]
4:15; 5:18, 25; 12:17;
59:14; 77:11; 100:21; 117:9
pledge [1]
97:24
point [18]
5:7; 26:5; 28:18; 34:9;
39:15; 40:6; 47:8; 48:20;
54:2; 66:9; 72:12; 76:4, 19;
83:24; 86:4; 92:23, 25;
124:18
pointed [3]
33:23; 34:2; 45:23
police [7]
30:24; 33:25; 35:20;
112:18; 114:15; 123:12, 17
policies [1]
36:15
politics [1]
116:12
pony [1]
28:14
popped [1]
68:11
portion [1]
79:13
position [18]
9:15, 23; 11:14; 18:21, 22;
19:8; 53:13, 19, 25; 77:19;
79:5; 81:13; 121:25; 122:2;
125:22; 126:10, 18
positions [6]
12:25; 15:14; 16:6; 18:23,
24; 19:5
positive [3]
72:19; 73:6, 25
possession [1]
96:17
post [26]
4:11; 11:4; 32:7; 64:25;
65:3, 5; 72:21, 22; 93:18;
94:20; 95:24; 97:11;
100:12; 101:22; 103:3;
104:5, 8, 12, 16, 19; 107:7,
10, 14; 108:5, 8, 14
premise [1]
119:18
prepare [4]
102:6; 105:22; 106:2; 115:8
preparing [2]
96:21; 106:10
present [1]
2:19
president [45]

20:14; 42:14; 52:25; 53:15;


60:21; 108:5; 115:8; 127:9
91:7
personal [5]
30:21; 36:5, 17; 37:3; 96:17
**P**
personally [3]
110:11; 111:9; 113:8
p.m. [1]
pertinent [1]
127:20
21:10
page [9]
pete [5]
3:3, 8; 7:9; 77:9; 91:5, 22,
46:10; 49:22; 86:6; 121:20
23, 25; 130:6
peter [1]
pages [3]
25:23
44:22; 77:23; 91:21
phil [2]
pain [1]
15:20; 125:14
52:24
phone [10]
paper [1]
2:8, 15; 48:2; 72:20, 23;
118:23
73:7, 22; 108:23, 24; 122:9
papers [3]
phones [2]
10:22; 11:4; 101:25
28:13; 32:11
paragraph [13]
photo [1]
62:23; 69:13; 74:4; 77:8;
82:15
82:6; 84:11; 85:10; 86:11;
photocopy [1]
87:3; 95:20; 96:20; 97:22;
123:4
103:22
photog [1]
paragraphs [1]
87:7
97:14
photograph [5]
pardon [1]
59:20; 70:10; 71:3; 83:16;
80:15
86:23
park [1]
photographer [45]
123:7
39:17; 40:10, 24; 41:11;
parked [1]
43:25; 45:21; 49:15; 58:22;
123:14
59:23; 60:2; 61:24; 62:24;
parking [3]
64:8, 15; 68:15; 72:14, 25;
123:9; 125:16; 126:15
74:6; 76:2; 77:16; 78:16,
part [4]
22; 79:2; 80:12; 81:2, 9, 16;
13:18; 18:25; 89:25; 110:12
83:8, 9; 85:2, 20; 86:4;
participate [3]
95:20, 22; 96:4, 9, 24;
27:7; 29:2, 7
97:19; 99:25; 101:17;
participated [1]
104:25; 105:5, 11; 121:8;
34:5
122:5
parties [2]
photographs [5]
63:25; 129:16
38:20; 44:5; 92:14; 114:22,
pension [1]
25
53:16
photography [1]
people [22]
91:7
15:3, 5; 22:22, 23; 26:17;
photos [2]
29:23; 30:16; 32:17; 33:14,
82:9, 21
17, 23; 34:5; 51:24; 55:3;
pick [1]
93:5; 104:15, 16; 118:7, 11;
48:2
124:15, 16, 21
picture [1]
perceived [1]
113:12
73:25
pictures [2]
perform [2]
36:12; 113:9
33:7; 109:8
piece [1]
period [5]
112:19
11:13; 44:3; 57:12; 121:19;
placard [10]
122:17
123:5, 10; 124:11; 125:16,
periods [1]
17, 25; 126:8, 15, 25
32:3
placards [7]
permission [5]
124:23; 125:3, 6, 20; 126:4,
96:11, 14; 99:14, 18, 21
11, 18
person [8]

Ellen Grauer Court Reporting


(212) 750-6434

www.ellengrauer.com

4:22; 9:13, 16; 10:3; 13:13,


20; 14:14; 15:8, 15, 18, 19;
16:7, 8, 20; 17:2, 14; 18:14;
19:23, 25; 21:3, 6; 25:24;
26:2; 38:7; 42:9; 43:20;
47:2, 6; 49:21, 22; 50:24;
51:20; 52:23; 53:11; 75:16;
80:10; 86:13, 17; 89:13;
109:2, 23; 110:25
presidential [1]
46:23
press [20]
11:6; 20:21; 21:11, 18, 21,
23; 22:9, 23; 24:9, 17, 22;
25:20; 60:24; 62:18; 65:10;
69:16; 70:17; 107:11, 19
pressed [1]
107:17
pretty [7]
10:4; 22:18; 24:4; 56:13;
109:16; 116:19, 20
prevent [1]
6:19
previous [7]
43:12, 17, 20; 61:17; 73:19;
100:8; 121:22
previously [3]
68:4; 80:6; 99:13
print [3]
50:21; 116:3; 125:25
prior [11]
11:13; 12:3, 24; 14:15;
28:3; 65:5; 68:18; 80:10;
85:18; 106:16, 19
private [1]
36:20
probationary [1]
9:5
problems [2]
53:10; 110:19
procedure [5]
51:17; 54:16, 17; 55:5; 56:3
procedures [3]
29:14; 30:16; 81:8
proceed [1]
29:16
proceeds [1]
97:25
procuring [1]
46:21
produce [1]
117:25
productive [3]
72:20; 73:7; 74:2
progress [1]
33:12
prohibited [1]
36:19
projects [1]
109:2
promotional [1]

VS. NYP HOLDINGS, INC.


12:23

property [1]
37:3

protect [1]
10:5

protesting [1]
43:10

protocols [1]
55:10

prove [1]
120:2

provide [2]
96:10; 116:6
provided [3]
95:15; 99:7; 106:13
providing [2]
95:18; 99:9
prudent [1]
85:5
public [12]
1:18; 20:13; 22:13; 24:2;
28:7, 8, 22, 23; 32:18;
128:23; 129:8; 130:24
published [1]
92:14
pull [1]
74:24
purpose [2]
5:11; 63:20
purposes [1]
88:23
pursuant [1]
1:17
puts [1]
102:13

**Q**
queens [2]
15:25; 16:13
question [11]
5:15, 16, 18, 20; 6:5, 17;
87:2; 107:24; 108:14;
115:7; 120:15
questioned [1]
64:13
questions [5]
5:12; 17:25; 105:16, 19;
127:12
quick [3]
71:21; 79:11; 84:3
quickly [4]
68:21; 69:3; 71:9; 103:8
quote [5]
43:24; 45:12; 72:18; 95:19;
109:21
quotes [1]
83:15

**R**
radar [1]
From owner to radar

BSA XMAX(10/93)

GARY SUSON

STEPHEN J. CASSIDY - 9/13/2007

87:24

recess [3]

raise [3]

58:3; 93:15; 122:25


recognize [2]
95:7; 101:3
recognized [1]
127:9
recollection [13]
23:16; 38:9; 40:23; 41:15;
55:7; 56:2; 64:9, 16, 19;
72:17; 88:14; 121:5; 122:20
recommendations [1]
40:19
record [10]
4:16; 59:14; 74:6; 82:14;
88:15; 117:19; 127:13;
128:11, 13; 129:13
recording [6]
13:14; 15:9, 22; 16:10;
125:7, 9
records [1]
8:5
recounted [1]
38:17
recovered [1]
32:18
recovery [7]
29:3, 15, 16; 30:3, 5; 38:23;
44:3
reelected [2]
14:3; 16:7
reelection [1]
14:24
ref [1]
1:25
refer [5]
17:25; 26:15, 17; 66:5;
82:25
reference [6]
31:5; 35:23; 62:12; 64:18;
65:24; 102:22
references [3]
84:16, 19; 86:18
referencing [2]
73:22; 104:8
referred [1]
83:11
referring [8]
64:3; 73:6; 77:14; 86:14;
87:9; 95:3; 99:15; 113:10
refers [2]
26:11; 87:9
reflect [2]
59:5; 77:19
refresh [1]
55:7
refuted [1]
64:17
regarding [7]
5:12; 30:16; 59:6; 69:15;
76:22; 93:18; 94:20
regular [3]

17:8; 23:24; 54:25


raised [7]
39:13, 15; 48:15; 54:25;
86:2; 88:25; 89:6
raises [1]
92:2
raising [1]
92:8
ran [3]
14:22; 52:23; 53:2
range [1]
23:20
rank [1]
12:22
ranks [2]
12:18, 23
rare [1]
24:19
re [1]
69:17
read [19]
10:22; 45:2; 48:4; 63:18;
69:25; 71:8; 79:18; 84:10;
90:22; 91:15; 95:19; 98:20;
101:20; 102:2, 3, 21; 114:6;
128:8
reading [6]
72:5, 7; 82:6; 85:10; 95:12;
101:6
realized [1]
107:23
reason [5]
45:24; 47:8; 49:11; 78:12;
130:6
recall [81]
7:14; 8:15; 15:13; 23:14;
26:21; 27:12; 38:2, 13;
39:3, 6, 9, 19, 25; 40:4;
41:2, 24; 42:16, 19, 21, 24;
43:6; 45:6, 17; 47:17; 48:8,
11; 54:6; 55:23; 56:21;
60:12; 61:8; 62:5, 9, 10, 16;
63:14, 16; 65:12, 25; 66:12,
16, 20, 25; 67:10; 68:7;
69:19; 70:4; 72:2, 4, 5, 7, 9;
75:2; 81:3; 83:23; 84:8;
87:15; 88:3, 6; 90:13; 93:2,
16, 20, 25; 94:3, 15; 95:9;
98:24; 99:9; 101:13, 23;
103:2, 20; 105:2; 108:7, 10,
15; 113:4; 115:5; 117:11;
122:11
receive [4]
8:23; 9:6, 8; 98:7
received [10]
8:25; 9:2, 9, 13; 43:2, 10;
64:9; 72:3; 90:11; 92:18
receiving [2]
72:4; 75:2

From raise to running

17:4; 18:8; 58:25


regularly [3]
92:2; 102:3; 110:2
rehash [4]
68:4, 17; 70:7; 80:5
relate [1]
25:12
related [3]
62:19; 118:7; 129:15
relates [9]
7:20; 10:6, 25; 11:8; 24:20,
21; 61:4; 100:19; 108:21
relating [8]
12:25; 17:5; 101:25; 102:9;
116:10, 11
relation [1]
102:4
relations [4]
20:14, 21; 22:13; 24:2
relationship [8]
25:9, 23; 26:8; 38:18;
52:14; 61:22; 104:15, 16
relatively [1]
122:16
release [1]
18:25
releases [1]
25:20
remaining [1]
55:22
remains [3]
30:12, 13, 21
remarks [1]
69:15
remember [37]
5:3, 5, 8; 13:20; 15:14;
27:14; 31:25; 38:16; 39:23;
53:5; 54:13; 62:20; 65:20,
22; 67:2; 68:10; 69:23;
70:2; 72:11; 74:17; 75:13;
80:3, 19; 82:3; 94:17;
95:12, 14, 17; 99:2, 3;
101:5, 6; 103:16; 113:13,
14, 16
remnant [3]
35:25; 36:2, 3
remove [5]
36:22; 37:2, 7, 18; 111:7
removed [13]
30:8, 12, 14; 34:3; 111:13,
18, 22, 24; 114:9; 118:12;
119:20; 120:6
removing [5]
30:17; 33:20, 22; 36:16;
111:20
rep [6]
16:3, 11; 19:4; 42:7; 67:7;
118:18
repeat [1]
5:18
replied [2]

www.ellengrauer.com

VS. NYP HOLDINGS, INC.

79:22, 24
report [1]
32:15

23:10; 125:25; 126:3


return [1]
34:8
reported [1]
returned [1]
57:3
90:8
reporter [3]
returning [1]
5:23; 94:19; 129:7
89:25
reporters [6]
review [9]
4:12; 10:10, 13; 11:6;
48:20; 63:11; 69:3; 74:14;
32:23; 33:10
102:7; 103:8; 106:9; 109:17
reporting [3]
reviewed [5]
1:23; 56:24; 130:2
48:23; 82:9, 20; 95:11;
103:4
represent [2]
90:23; 108:21
reviewing [17]
7:5; 44:25; 46:3; 60:8;
representative [4]
13:17; 15:11; 66:21; 82:7
63:12; 69:5; 71:11, 21;
74:15; 77:25; 79:14; 81:21;
representing [1]
77:15
84:4; 95:5; 98:22; 99:3;
100:25
represents [3]
13:17; 53:15; 118:18
right [11]
37:11; 44:21; 52:10; 70:16;
request [2]
69:21; 92:23
71:16; 72:18; 96:18; 111:5;
121:15; 122:4, 24
requested [2]
3:7; 70:21
right-hand [1]
100:23
requests [2]
7:10, 16
rights [2]
10:5; 17:3
require [2]
17:18; 51:16
rochester [1]
8:21
required [2]
6:5; 51:18
role [5]
24:4; 28:17; 33:9; 46:19;
rescue [3]
27:7; 29:3, 23
120:13
research [6]
romaka [1]
49:20; 61:17; 67:12; 68:20; 16:9
86:5; 121:22
routine [1]
72:23
researching [2]
56:23; 67:17
routing [1]
72:23
resolve [1]
121:19
rubble [7]
29:8, 9; 112:2, 7; 113:22;
resolved [4]
57:9; 76:5; 87:25; 122:15
114:8, 11
respond [3]
rudy [12]
5:15; 32:19; 91:11
15:24; 38:12; 46:7; 47:9;
49:24; 52:9; 77:6; 84:23,
response [2]
6:2; 106:14
24; 85:3; 117:5; 120:21
responses [1]
ruland [2]
5:24
16:2, 12
responsibilities [7]
rule [1]
10:2; 17:4; 19:7; 23:18;
24:24
27:25; 109:22; 110:8
rules [2]
29:13; 30:15
responsibility [1]
118:11
rummage [1]
96:11
responsible [4]
16:20; 19:11; 109:22; 125:8 rumors [2]
32:16; 33:5
responsive [1]
7:15
run [3]
14:2, 17, 20
result [2]
80:21; 92:19
rundown [1]
16:5
retained [1]
3:17
running [1]
14:24
retired [3]

Ellen Grauer Court Reporting


(212) 750-6434

GARY SUSON

BSA XMAX(11/94)

STEPHEN J. CASSIDY - 9/13/2007

51:8, 13, 25; 52:5; 56:19;


57:14, 17; 125:7, 10
secure [3]
sad [1]
49:14; 58:23; 121:7
84:11
send [10]
safety [2]
48:19; 50:16, 22; 75:8, 17;
15:10; 16:10
76:12; 96:22; 98:17;
salaried [1]
127:15, 16
117:3
sending [1]
sales [2]
73:3
92:4, 19
sense [1]
samuel [1]
5:21
37:20
sensitive [1]
sanfilippo [43]
82:14
15:24; 38:12, 13; 39:9;
sentence [7]
41:25; 44:10, 13; 45:11, 18,
61:2; 63:18; 72:19; 74:5;
22, 23; 46:7, 14, 20; 49:10,
84:11; 86:10; 101:15
12; 50:2; 52:9; 53:9; 54:2;
separate [2]
56:4, 11; 57:5; 58:15, 22;
20:19; 89:15
76:7; 77:6; 80:24; 82:17;
september [10]
83:3, 5, 20, 24; 84:23, 24;
1:12; 12:7, 11; 89:5; 94:21;
85:3, 23, 25; 104:24; 117:6;
103:12, 13, 17; 129:20;
120:21; 121:6, 10
130:5
sanfilippo's [2]
september11.net [2]
81:12; 85:11
90:12; 91:8
satisfied [1]
sequential [1]
98:11
44:23
saying [16]
sergeant [5]
40:9; 48:8; 62:18; 64:14;
13:14; 15:10, 20; 16:10;
67:2; 70:13; 72:15; 81:3;
125:12
86:3; 100:3; 108:9; 124:5;
serving [1]
126:3, 15, 17; 127:8
14:23
scam [1]
seven [1]
95:4
22:6
scassidy [1]
seventh [1]
71:24
91:23
scene [8]
shake [1]
34:17, 20, 22; 35:6, 10, 14,
5:25
18, 20
shape [2]
scenes [1]
17:9; 100:19
35:3
she's [1]
schedule [1]
46:25
18:13
sheet [1]
scheduled [2]
130:1
14:7, 8
shifted [1]
scheme [1]
31:23
61:11
shifts [3]
school [4]
31:17, 19, 24
8:8, 10, 11, 13
shocking [1]
screen [1]
72:21
87:24
shorthand [1]
search [4]
129:7
47:13, 15; 56:20; 57:13
show [2]
searched [2]
6:22; 94:24
7:15; 30:12
shows [1]
second [9]
71:17
58:15; 68:23; 72:18; 77:9;
sifted [1]
82:6; 91:5; 99:11; 103:22;
31:14
124:11
sifting [2]
secretary [20]
29:18; 114:16
7:19; 13:14; 15:9, 22;
sign [3]
16:11; 46:23, 25; 49:5, 6;

**S**

Ellen Grauer Court Reporting


(212) 750-6434

43:22; 46:10; 48:16


signature [14]
43:21, 23; 46:4, 15; 48:4;
49:2, 25; 50:24; 51:6, 7, 15,
16; 61:19; 91:4
signatures [2]
51:18, 20
signed [11]
46:11; 47:7, 9, 20; 48:5;
49:23; 80:8; 86:12, 16;
91:3; 128:19
significant [5]
88:25; 92:12; 98:6, 7, 17
significantly [1]
21:2
sit [1]
89:14
site [10]
26:15, 18; 30:14; 31:9;
33:7, 14, 18; 34:4; 37:18;
82:13
sits [2]
24:3; 53:16
six [1]
34:12
slade [1]
106:23
slanderous [1]
69:15
sleeve [1]
74:24
slevin [2]
15:18; 16:8
sneak [1]
33:15
somebody [12]
56:20; 60:18; 66:8; 93:4;
102:15; 107:14; 108:13;
124:25; 125:17; 126:8, 13
someone [5]
38:19; 96:15; 105:5, 6, 10
sophie [3]
1:17; 129:7, 23
sorry [2]
19:17; 120:16
sort [1]
91:25
sought [1]
65:15
speak [19]
10:12, 19; 21:22; 22:4, 15;
24:9, 17, 22, 25; 65:18;
69:23; 73:18, 19, 21; 79:25;
80:13, 16; 105:25; 106:5
speaking [5]
19:6; 27:17; 41:3; 65:21;
108:7
specific [4]
20:6; 76:24; 88:6; 120:12
specifically [8]
38:4; 45:8; 62:20; 65:8, 12;

www.ellengrauer.com

75:14; 93:2; 117:11


specifics [6]
38:16; 42:20, 24; 43:8;
54:13; 80:19
speculate [2]
119:14, 17
spend [1]
88:2
spent [1]
114:21
spoke [17]
46:6; 56:18, 19; 60:24;
61:9; 70:17; 77:2; 80:18;
86:6; 93:25; 94:7, 15, 19;
107:6, 13; 108:4, 13
spoken [11]
21:17; 42:16, 19; 57:13;
73:9; 93:21, 23; 94:4, 10,
13; 106:17
spollen [26]
22:25; 23:5, 18; 24:8; 63:9;
65:18; 66:2, 3; 67:11, 16;
68:8; 69:12, 20; 70:3;
71:13, 18; 73:12, 17, 20,
23; 77:2; 85:14; 86:14;
87:20; 103:19
squabbles [1]
25:11
ss [2]
128:4; 129:4
st [2]
8:20, 21
stack [1]
115:16
staff [8]
12:21, 22; 22:22, 24, 25;
23:6, 8; 28:10
stamp [20]
46:3, 15; 47:4; 48:17; 49:3,
7; 50:24; 51:5, 7, 9, 10, 13,
14, 19, 23, 24; 52:4; 61:18;
80:7; 86:19
stamped [6]
43:23; 46:4, 5; 47:7; 48:18;
49:4
standard [1]
9:5
start [2]
11:22; 23:13
started [3]
15:15; 33:5; 86:5
state [8]
1:18; 4:15; 80:24; 83:15;
128:3, 23; 129:3, 8
stated [1]
72:22
statement [15]
64:3; 74:9, 11; 77:18;
83:18; 84:16, 19; 85:16;
96:6, 9; 97:2, 13; 100:5, 13;
101:18

VS. NYP HOLDINGS, INC.

statements [1]
21:13

staten [2]
16:2, 13

states [7]
62:23; 87:6; 91:6; 96:20;
97:22; 101:16; 103:23
station [3]
31:2, 3, 5
stationery [2]
50:13, 18
status [2]
86:9; 88:10
stayed [1]
12:2
steel [8]
111:21, 23; 112:2, 6, 13,
20, 25; 113:7
step [1]
122:22
stephanie [2]
1:6; 94:10
stephen [7]
1:16; 3:2; 4:17; 128:7, 16;
129:10; 130:5
stepping [1]
14:23
steps [2]
56:22; 120:6
steve [1]
16:13
steven [1]
74:21
stop [2]
96:22; 103:24
story [3]
33:2; 38:22; 107:12
straub [2]
15:23; 16:9
street [5]
1:23; 2:5; 9:21; 20:18;
130:2
structured [3]
30:4, 6; 32:9
stuff [1]
114:4
subject [1]
101:10
subjects [1]
101:10
submitted [2]
7:22; 8:3
subpoena [4]
1:17; 3:15; 6:25; 106:14
subscribed [2]
128:19; 130:22
subsequent [1]
57:8
subsequently [1]
39:14
subside [1]

From sad to subside

BSA XMAX(12/95)

GARY SUSON
33:5

**T**

substantial [3]
34:13, 15; 92:9
sudden [1]
85:12
sued [1]
4:12
suffered [1]
28:5
suggest [1]
125:13
support [2]
49:18; 50:20
supported [1]
52:24
suppose [1]
72:6
supposed [3]
29:16, 19; 33:25
surgery [1]
34:11
surprise [1]
76:25
surprised [1]
65:13
suson [138]
1:3; 2:20; 4:13; 37:24; 38:3,
10, 18; 39:16; 40:7, 13;
41:4, 12; 42:14; 43:3, 18,
25; 44:2; 48:7, 9, 12; 49:15,
19; 57:5; 58:6, 21; 59:6, 19;
60:17; 61:6, 10, 23; 62:19,
23; 64:2, 14, 20; 65:16, 22;
66:2, 5, 13, 18, 23; 67:14,
17, 18; 68:9, 12; 69:12, 21,
24; 70:6, 18, 20; 71:15;
72:12, 24; 73:5, 9; 74:2;
75:25; 76:19; 77:20; 78:7,
15, 25; 80:11, 17, 21, 25;
81:7, 8, 15; 82:18; 83:6,
16; 84:21, 25; 85:19; 86:25;
87:3, 8, 16; 88:5, 10, 13,
16; 89:21; 90:6, 14, 25;
91:4, 7, 13, 17; 92:2, 13,
23; 93:10, 19; 94:2, 8, 14,
16, 20; 96:2, 22; 97:4, 11,
23; 98:9; 99:12, 19, 24;
100:3, 8; 101:16, 22;
103:22; 104:7, 20, 25;
107:20, 22; 108:2, 6, 8;
114:21; 118:16; 119:11;
120:21; 121:4, 7, 11, 24;
122:4; 126:14; 130:4
suson's [5]
6:4; 40:2; 45:9; 64:7; 84:16
suspects [1]
117:21
sweeney [1]
92:4
sworn [4]
4:2; 14:4; 129:12; 130:22

From substantial to update

VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007

talk [1]
23:21

talked [3]
113:17; 117:5; 121:3
talking [13]
12:11; 29:17; 60:17; 66:8,
11; 67:3; 83:12; 87:11;
104:10; 106:19; 113:25;
114:2; 125:2
tanners [1]
4:17
technical [1]
34:21
technically [1]
58:16
telecast [1]
10:22
telephone [1]
42:17
telling [1]
106:4
ten [2]
31:22; 42:8
tenure [1]
21:6
term [5]
26:10, 14; 31:4; 35:22, 25
terms [13]
13:24, 25; 14:24; 22:7;
25:7; 29:15, 18; 33:7, 11;
56:22; 68:5; 73:6; 104:8
terrorist [1]
36:11
testified [8]
4:3; 56:17; 58:4; 59:18;
115:6; 119:24; 120:20;
121:18
testimony [6]
5:24; 105:2; 118:15; 128:9,
12; 129:13
thank [2]
105:17; 118:3
thanks [2]
105:16; 127:14
theme [1]
43:9
there's [11]
14:6, 8; 51:9; 71:16; 74:5,
20; 81:11; 89:15; 91:24;
96:9; 103:12
they'd [1]
93:10
they'll [1]
23:25
they're [7]
6:11; 10:4; 50:19; 119:19;
123:14; 124:3, 15
they've [2]
115:3

third [4]

transcript [3]

1:11; 2:12; 20:18; 91:24


thomas [2]
20:12, 13
thorough [2]
116:19, 20
thousands [1]
97:24
three [6]
4:12; 13:25; 51:18, 20;
54:12; 115:24
throw [1]
33:16
ticket [1]
123:14
tie [1]
42:11
ties [1]
42:9
timeframe [1]
68:10
times [4]
19:24; 24:8; 25:18; 34:14
timing [1]
120:24
title [29]
23:6, 7, 10; 28:21; 40:21;
41:11; 43:11, 24; 45:12, 15,
19, 21; 58:21; 61:23; 70:10;
71:2; 80:11; 83:8; 85:6;
97:7, 10, 15, 19, 21;
100:10, 18; 122:7; 127:6,
10
today's [3]
105:23; 106:2, 10
tom [10]
15:25; 22:17, 19; 23:2, 3;
60:23; 61:9, 20; 66:9; 69:16
top [4]
44:17; 71:15; 91:6; 103:12
topic [19]
10:17; 21:23; 22:16; 39:14;
48:15; 57:8; 58:13; 59:11;
61:13; 68:11, 14; 70:14;
72:11; 75:24; 80:2; 86:7;
87:21; 107:13; 121:6
topics [5]
17:10; 21:25; 23:20; 25:6;
102:11
towards [1]
83:14
towers [1]
114:8
track [1]
32:25
trade [1]
26:15
traffic [1]
123:11
training [6]
9:3, 6, 7, 8, 10, 14

127:16; 128:8, 10
transfer [3]
30:25; 31:3, 4
transpired [1]
61:21
trapped [1]
29:24
treasurer [6]
13:14; 15:9, 21; 16:9;
51:21; 52:6
treasurer's [1]
51:15
true [14]
32:23; 33:3; 49:21; 68:16;
72:15; 83:19; 84:19; 97:20;
109:15, 19; 123:18; 128:11,
13; 129:13
trustee [25]
13:12; 15:23, 24, 25; 16:2;
18:21; 19:8, 10, 11; 20:3, 7;
38:11; 52:11; 81:5, 13;
108:18; 109:17, 21; 110:6,
9, 10, 12; 111:3
trustees [9]
13:10; 15:8, 22; 16:12;
19:9; 51:22; 53:14; 110:3;
124:23
truth [1]
43:15
truthful [3]
6:12, 19; 82:14
tsn [1]
1:9
tv [1]
116:4
twelve-hour [1]
31:24
twice [1]
18:10
types [1]
33:6
typical [2]
50:9; 93:3

www.ellengrauer.com

**U**
ufa [98]
10:3, 23; 11:13; 12:4;
14:14, 25; 15:15; 17:3, 24;
22:9, 16, 22; 24:12, 18, 23;
38:7; 39:16; 43:23, 25;
45:21; 46:24; 47:2, 13;
49:14, 16; 51:17; 52:10;
54:16; 58:5, 22; 59:20, 22,
25; 61:16, 21, 24; 62:24;
64:6, 8, 15, 21; 65:7, 10;
68:15; 70:10; 72:14, 22;
73:10; 74:7; 76:22; 78:17,
18, 22; 80:10, 12; 81:2, 6,
8; 83:2, 4, 9, 17, 21; 84:20;
85:2, 5, 18; 86:13, 16, 24;

87:4, 9; 88:8, 22; 89:13,


22; 90:15; 91:18; 92:2, 7,
17; 94:18, 19; 96:3; 97:6;
100:16, 17, 19; 102:4, 9,
22; 104:3; 105:4, 11;
116:10; 121:9
ufa's [4]
24:15; 66:14; 67:13, 19
ufanyc.org [1]
71:24
ufoa [6]
26:3; 50:15, 25; 74:7;
126:25
ultimately [1]
67:9
unanimous [1]
55:25
unclear [1]
120:24
underneath [2]
71:16; 103:13
understand [5]
5:17; 6:10, 12, 14; 126:6
understanding [2]
114:7, 19
understood [1]
5:21
undertaking [1]
27:25
unformed [1]
91:9
uniformed [21]
4:22; 7:18; 9:16; 13:7;
20:14; 25:5; 39:17; 40:10,
17, 24; 41:11; 50:12; 73:2;
76:3; 77:12, 16; 97:6;
100:9; 127:2, 8
union [33]
9:19; 13:4, 8, 9, 18; 18:24;
20:5, 8, 22, 25; 21:9, 10;
54:25; 55:9; 84:13, 14;
95:22; 96:21; 97:9, 23;
99:25; 101:16; 104:2;
109:7, 12, 18; 110:19;
115:10; 116:2, 24; 117:2;
126:11, 18
union's [1]
125:22
unions [1]
50:9
unit [1]
17:12
unnamed [1]
99:14
unnecessarily [1]
107:18
unquote [2]
43:24; 45:12
up-to-date [1]
61:25
update [3]

Ellen Grauer Court Reporting


(212) 750-6434

BSA XMAX(13/96)

GARY SUSON
32:15; 33:11; 70:13
updating [1]
70:6

**V**

VS. NYP HOLDINGS, INC.

STEPHEN J. CASSIDY - 9/13/2007


32:20

workers [4]

we'll [1]

10:5; 30:10, 11; 36:15


working [23]
19:3, 4; 23:13; 25:8, 23;
26:7; 27:10, 11; 28:6, 8, 13,
18, 24; 30:9, 17; 31:16;
32:8, 12; 37:16; 38:21;
52:13; 96:15; 123:13
works [3]
20:16; 55:3; 107:6
workshop [2]
61:5; 69:17
world [1]
26:15
wouldn't [3]
65:13; 76:25; 92:10
writing [3]
40:9; 46:20; 55:9
written [3]
43:4; 54:18; 82:5
wrote [2]
50:6; 107:12

6:8

we're [6]

5:15; 6:24; 10:17; 50:20;


125:2; 127:14
van [2]
we've [2]
90:24; 91:12
4:12; 44:18
vehicles [1]
website [2]
123:7
90:11; 91:8
vendetta [3]
week [5]
84:13; 85:9; 103:25
22:6; 27:17; 28:9; 31:21;
verify [1]
108:24
32:21
weekly [1]
verifying [1]
10:16
56:22
weeks [6]
versus [3]
28:15; 31:19; 32:2; 33:4;
27:14; 90:25
34:12; 122:13
vice [4]
weighed [1]
13:13; 15:8, 19; 16:8
41:8
victims [2]
weiss [3]
36:5, 10
1:6; 93:22, 23
viewed [1]
weren't [4]
30:23
33:25; 37:10; 88:11; 122:6
virtually [2]
westhampton [1]
22:5; 55:25
4:18
visit [2]
whenever [1]
26:21; 119:3
68:19
voicemails [1]
whereof [1]
42:22
129:19
vote [16]
wherever [1]
17:10, 18; 41:10, 14; 42:8,
32:12
10, 11, 12; 55:17, 24;
who's [2]
57:22; 58:12, 14, 16, 17, 19
123:13; 124:25
voted [4]
widows [12]
55:22; 58:19; 85:7; 117:8
78:18; 88:19; 89:2, 22;
votes [4]
90:15, 17; 91:9, 18; 92:2, 7,
17:9, 15; 42:9; 53:25
9, 18
voting [1]
win [1]
16:24
53:20
window [1]
**W**
123:7
withdrawn [1]
wagner [2]
117:7
90:24; 91:12
withdrew [1]
wait [1]
55:20
5:15
witness [9]
walk [1]
3:2; 4:2; 59:16; 117:20;
115:14
127:18; 129:10, 14, 19;
wall [1]
130:5
2:5
won't [1]
wallet [1]
116:8
36:11
word [1]
wanted [12]
97:8
30:24; 45:20; 53:12, 19;
work [11]
58:11; 73:18, 19; 83:7;
5:11; 26:5, 25; 32:6; 34:12;
86:3; 105:4; 121:7, 25
47:23; 55:5; 82:12, 24;
watched [1]
104:15, 17
10:21
worked [5]
watches [1]
20:25; 21:2; 23:11; 52:10;
36:12
96:23
ways [1]

Ellen Grauer Court Reporting


(212) 750-6434

**Z**
zero [69]
26:11, 14, 18, 19, 22;
27:18; 28:8; 29:4, 8, 15;
30:7, 8, 18; 31:5, 8, 17;
32:7; 34:9; 35:14, 20, 23;
36:16, 22, 23; 37:2, 8, 16,
18; 38:25; 44:3, 8; 49:19;
59:20, 23; 62:24; 64:13;
66:6, 24; 68:16; 69:17;
71:17; 73:3; 74:6; 81:2;
83:6, 17; 95:23; 96:4, 15,
16; 99:16, 22; 103:18;
105:6, 11; 111:8, 13, 18,
20, 22, 24; 112:7; 113:7,
23; 114:22; 118:12, 25;
119:21

**Y**
yeah [8]
19:10; 31:4; 36:19; 49:12;
59:12; 68:25; 74:13; 112:4
year [10]
8:15; 13:25; 14:9, 13; 39:6;
41:19; 62:6, 8; 68:18; 78:24
years [11]
9:10, 11; 21:4; 23:11;
24:16; 47:2; 84:22; 104:2;
108:12; 115:24, 25
yesterday [9]
10:24; 69:16; 72:20; 73:7;
85:14; 87:3; 107:8, 13, 14
york [52]
1:1, 2, 11, 18, 24; 2:6, 13;
4:11, 18, 21; 8:12, 21; 9:21;
11:15, 20; 13:5, 7; 33:24;
64:25; 65:3, 5, 6; 72:21, 22;
82:8; 89:3; 93:18; 101:22;
102:10; 104:5, 8, 12, 16,
18; 107:6, 14; 108:5, 8;
123:5, 10; 124:2, 6; 125:24;
126:19; 128:23; 129:9;
130:3
you'd [1]
115:14
you'll [1]
44:21
you've [5]
42:16; 59:18; 63:14; 98:24;
103:16
yourself [2]
77:14, 15
yup [2]
63:10; 98:19

www.ellengrauer.com

From updating to zero

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