Thomas B. Butler, Deposition/Lawsuit NY Post, Butler PR, U.F.A./FDNY

GARY SUSON VS. NYP HOLDINGS, INC.

THOMAS P. BUTLER - 9/27/2007

GARY SUSON BSA XMAX(1/1) VS. NYP HOLDINGS, INC.THOMAS P. BUTLER - 9/27/2007

Page 1 (1) CIVIL COURT OF THE CITY OF NEW YORK

(2) COUNTY OF NEW YORK --------------------------------------x

(3) GARY SUSON,

(4) Plaintiff,

(5) -against-

(6) NYP HOLDINGS, INC., NEWS AMERICA INCORPORATED, CYNTHIA R. FAGAN, MURRAY WEISS, STEPHANIE

(7) GASKELL, and JOHN DOES 1 AND 2,

(8) Defendants,

(9) INDEX NO.: 3000605 TSN 2006 --------------------------------------x(10)

(11) 875 Third Avenue New York, New York(12)

(13) September 27, 2007 10:22 a.m.(14) (15)

(16) Deposition of THOMAS P. BUTLER, pursuant

(17) to Subpoena, before Sophie Nolan, a Notary

(18) Public of the State of New York.(19) (20) (21) (22)

(23) ELLEN GRAUER COURT REPORTING CO. LLC 126 East 56th Street, Fifth Floor

(24) New York, New York 10022 212-750-6434

(25) Ref: 85164

Page 2 (1) A P P E A R A N C E S:

(2)

(3) JARED M. LEFKOWITZ, ESQ.

(4) Attorney for Plaintiff

(5) 48 Wall Street, 11th Floor

(6) New York, New York 10005

(7) BY: JARED M. LEFKOWITZ, ESQ.

(8) PHONE 917-887-3920

(9)

(10) HOGAN & HARTSON, LLP

(11) Attorneys for Defendants

(12) 875 Third Avenue

(13) New York, New York 10022

(14) BY: JASON P. CONTI, ESQ.

(15) PHONE 212-918-3000

(16) FAX 212-918-3643

(17) E-MAIL [email protected]

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Page 3 (1) A P P E A R A N C E S: (Cont'd)

(2)

(3) CERTILMAN, BALIN, ADLER & HYMAN, LLP

(4) Attorneys for Non-Party Witness

(5) 90 Merrick Avenue

(6) East Meadow, New York 11554

(7) BY: MICHAEL C. AXELROD, ESQ.

(8) PHONE 516-296-7172

(9) FAX 516-296-7111

(10) E-MAIL [email protected]

(11)

(12) ALSO PRESENT:

(13) GARY SUSON

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Page 4 (1) ------------------- I N D E X -------------------

(2) WITNESS: THOMAS P. BUTLER

(3) EXAMINATION BY PAGE

(4) MR. CONTI 5

(5) MR. LEFKOWITZ 128

(6)

(7) ---------------- E X H I B I T S ----------------

(8) EXHIBIT DESCRIPTION FOR I.D.

(9) 185 Subpoena 7

(10) 186 Appointment book 9

(11) 187 E-mail from the Ground Zero 123

(12) Museum

(13) 188 E-mail from Thomas P. Butler 127

(14) to Cynthia Fagan on September

(15) 1, 2005

(16)

(17) (EXHIBITS RETAINED BY MR. CONTI)

(18)

(19)

(20) ----------------- M O T I O N S -----------------

(21) PAGE

(22) + 51

(23) + 75

(24) + 125

(25)

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Page 5 (1) T H O M A S P. B U T L E R, called as a (2) witness, having been first duly sworn, (3) was examined and testified as follows: (4)

(5) EXAMINATION BY (6) MR. CONTI: (7) Q. Good morning, Mr. Butler. My name (8) is Jay Conti. I'm with the law firm of Hogan & (9) Hartson. We represent the Defendants in this(10) case, NYP Holdings, the publishers of the New(11) York Post and the reporters who have been sued(12) by Gary Suson, the Plaintiff in this case. I(13) appreciate you coming down today and sorry for(14) the late start.(15) Could you please state your full(16) name and address for the record?(17) A. Sure. Thomas P. Butler,(18) B-U-T-L-E-R.(19) Q. And what is your occupation?(20) A. Public relations.(21) Q. Mr. Butler, have you ever had your(22) deposition taken before?(23) A. No.(24) Q. This is the first time?(25) A. Yes.

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(2) Q. All right. In light of that, I'm (3) going to go over a few groundrules for today's (4) exercise. We're here today to pose questions (5) to you and get answers in regard to this (6) particular lawsuit which is a defamation (7) lawsuit brought by Gary Suson against the New (8) York Post. (9) I ask that listen to my questions(10) and respond. Wait to answer until I've(11) finished the question. If you don't hear(12) anything that I've said or understand the(13) question that I've posed, please ask me to(14) repeat the question and I'll be happy to do so.(15) If you answer the question though,(16) I'm going to assume that you've understood it.(17) Is that fair?(18) A. Yes.(19) Q. The court reporter is here to take(20) down your testimony. In order to do so, she(21) needs an audible response from you. So, if(22) possible, if you could not nod your head, but(23) actually give an audible response, we'd(24) appreciate it.(25) A. Yes, I understand.

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(2) Q. Your attorney and other attorneys (3) here in the room may object to certain (4) questions that I ask. If there's an objection, (5) you're required to answer the question unless (6) your attorney instructs you not to. (7) A. Yes. (8) Q. We can take breaks any time that (9) you want, just let me know. Also, all answers(10) that you are giving here today are under oath.(11) Do you understand that because you're under(12) oath all answers must be truthful?(13) A. Yes.(14) Q. Do you understand these general(15) instructions that I've outlined?(16) A. Yes, I do.(17) Q. One final obligatory question, are(18) you taking any medication or drugs that would(19) prevent you from answering the questions in a(20) truthful fashion?(21) A. No, I am not.(22) Q. Thanks. I'm going to show you a(23) document here.(24) (Exhibit 185, subpoena, marked for(25) identification.)

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(2) Q. Mr. Butler, have you seen this (3) document before? (4) A. I've only seen the first -- the (5) cover page, up to page six. I've not seen the (6) attachment named "Affidavit of Service." (7) Q. Okay. Fair enough. And the (8) document, could you just describe what it is? (9) A. It says "Subpoena" and then the(10) rest is in Latin with my name on it, "Civil(11) Court City of New York, County of New York."(12) Q. Fair enough. If you could please(13) turn to page four on the bottom. Do you see(14) where it says on page four "Document Requests"?(15) A. Yes.(16) Q. And on four, five and six, there(17) are several requests outlined --(18) A. Okay.(19) Q. -- asking for you to look for(20) documents. Do you see that?(21) A. Yes.(22) Q. Did you search for documents?(23) A. I did.(24) Q. Did you find any documents?(25) A. I found two documents which I

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(2) provided to Mr. Axelrod. (3) Q. All right, then. (4) MR. CONTI: Let's mark this as 186. (5) (Exhibit 186, appointment book, (6) marked for identification.) (7) Q. Does this document look familiar to (8) you? (9) A. Yes. This is -- this is how I keep(10) my appointment books. I try to jot down my(11) daily habits.(12) Q. So, the first two pages of this(13) document are your appointment book; is that(14) correct?(15) A. Oh, yes, correct.(16) Q. And then the final three pages?(17) A. That was text pulled from a(18) website.(19) Q. Okay. We will get to this document(20) later in your deposition.(21) The documents that you've just been(22) shown, are those the sum total of the documents(23) that you were able to find that were responsive(24) to the subpoena?(25) A. Yes, that's correct.

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(2) Q. Okay. Let's go into your (3) background a bit. (4) Did you graduate from high school? (5) A. Yes, I did. (6) Q. What high school did you graduate (7) from? (8) A. Monsignor McClancey High School. (9) Q. Where is that located?(10) A. Jackson Heights, Queens.(11) Q. And did you attend college?(12) A. I did attend college.(13) Q. What college did you attend?(14) A. Sienna College.(15) Q. And where is that?(16) A. Loudenville, New York.(17) Q. Did you obtain a degree from Sienna(18) College?(19) A. Yes, I did.(20) Q. What degree did you receive?(21) A. A Bachelor of Arts in economics.(22) Q. And after college, did you take any(23) graduate school work?(24) A. I did not.(25) Q. Have you ever had any other kind of

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(2) educational training other than your undergrad (3) degree? (4) A. Not particularly. (5) Q. Did you take any additional classes (6) or anything? (7) A. No. (8) Q. You said your profession is public (9) relations?(10) A. Correct.(11) Q. What is your current -- who is your(12) current employer?(13) A. Butler Associates, LLC.(14) Q. Is the "Butler" in the Butler(15) Associates Tom Butler?(16) A. Yes, it is.(17) Q. Are there any other Butlers(18) involved?(19) A. There are others, yes.(20) Q. Who?(21) A. My wife, Lisa.(22) Q. And did you found this associate?(23) A. I did.(24) Q. Where are you located?(25) A. Our offices are located at 204 East

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(2) 23rd Street, New York, New York 10010. (3) Q. What is your title at Butler (4) Associates? (5) A. President. (6) Q. How many employees does Butler (7) Associates have? (8) A. Including myself? (9) Q. Yes.(10) A. We have four staff.(11) Q. Including you there are four(12) individuals on staff?(13) A. Including myself.(14) Q. Are they all full-time employees?(15) A. No, no.(16) Q. Generally speaking, what are your(17) duties and responsibilities as president of(18) Butler Associates?(19) A. Do you mean the firm itself?(20) Q. Well, yeah. Why don't we start(21) first with the firm. What in general does the(22) firm do?(23) A. The firm's practice is to deal with(24) media on behalf of its clients.(25) Q. In that regard, you mean




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(2) coordinating response to media questions for (3) information? (4) A. Sure, that is one of the roles we (5) do and that could be from television, radio, (6) electronic, print reporters, journalists. (7) Q. Do you also do anything in public (8) relations for your clients? (9) A. Sure. We -- we -- we write and(10) edit publications, newsletters, newspapers,(11) e-newsletters and we create campaigns that(12) could include advertisement as well.(13) Q. Do you work with ad agencies on(14) behalf of your clients?(15) A. No, not particularly.(16) Q. Do you create the ads yourself?(17) A. We have the capability of doing so.(18) Q. And then you personally as(19) president, what are your general duties and(20) responsibilities?(21) A. I deal with day-to-day issues that(22) come up on any particular client account that(23) might involve me and that includes writing and(24) editing of materials or speaking with(25) journalists and/or clients.

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(2) Q. Roughly how many clients would you (3) say Butler Associates has? (4) A. It varies based on contract cycle. (5) Q. Is there a general estimate? Is it (6) more than 20? (7) A. You know, right now maybe -- maybe (8) eight clients. (9) Q. When did you -- you said you(10) founded this company; is that correct?(11) A. That's correct.(12) Q. When did you begin the company?(13) A. In 1996.(14) Q. So you've worked there now for(15) about eleven years; is that right?(16) A. That's correct, going on twelve(17) years.(18) Q. Do you represent the Uniformed(19) Firefighters Association?(20) A. Yes, I do.(21) Q. Is that organization or union(22) located in the same building?(23) A. Yes, they are.(24) Q. When did you first start working(25) with the UFA?

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(2) A. I began representing the Uniformed (3) Firefighters Association on or about March (4) of -- on or about March of 1996. (5) Q. How did it come about for you to (6) start working with the UFA? (7) A. I got a call from a former (8) colleague at New York City Hall, who identified (9) that they needed somebody and had recommended(10) me.(11) Q. And who was that?(12) A. Michael Clendenin.(13) Q. Since 1996 have you worked for UFA(14) continuously?(15) A. I have represented them(16) continuously.(17) Q. If you had to estimate, how much of(18) your work at Butler Associates relates to the(19) UFA?(20) A. That's something that I really(21) can't put a pulse on that.(22) Q. Is it one of your larger clients?(23) A. It's hard to determine. You(24) know -- you know, it's hard to determine.(25) What's a large client? Is it by hours

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(2) expended? Is it by billing? It's different. (3) Q. I guess by time spent. (4) A. There is a significant time (5) expenditure. (6) Q. Would you say more than a quarter (7) of your time is spent on that client? (8) A. I can't. It would vary by (9) week-to-week, so it would be -- I couldn't give(10) you an accurate estimate.(11) Q. If you were to think about it as(12) sort of an annual concept?(13) A. Somewhere probably in the range of(14) possibly up to 20 percent.(15) Q. At Butler Associates do all(16) employees work with all clients or are there(17) specific contacts with the UFA? Are you the(18) only person who speaks with them?(19) A. Generally, yes, unless I'm in a(20) deposition.(21) Q. Are you on retainer with the UFA?(22) A. Yes, I am.(23) Q. Prior to founding Butler(24) Associates, what position did you have?(25) A. I was a senior vice president at


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(2) another agency. (3) Q. What was the name of that agency? (4) A. Dan Clores Associates. (5) Q. How long were you at Dan Clores (6) Associates? (7) A. I was probably there -- I was there (8) about nine months, eight or nine months. (9) Q. That would have been 1995 into(10) 1996; is that correct?(11) A. Yeah, it would have been.(12) Q. Prior to Dan Clores Associates?(13) A. I was -- I was a vice president at(14) the firm Howard J. Rubenstein Associates.(15) Q. I don't think I asked you, Dan(16) Clores Associates, is that a public relations(17) company?(18) A. Yes, it is.(19) Q. How about Howard J. Rubenstein(20) Associates is that also --(21) A. That is also a public relations(22) agency.(23) Q. About how long were you at that(24) agency?(25) A. Four, four and a half years,

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(2) approximately. I don't recollect fully. (3) Q. Somewhere around 1990 to 1995; is (4) that fair to say? (5) A. Probably about -- starting probably (6) 1991. (7) Q. Prior to Howard J. Rubenstein (8) Associates, did you hold any other positions? (9) A. Yes, I was a communications(10) officer, communications assistant, at New York(11) City Hall in the press office.(12) Q. What time periods did you hold that(13) position?(14) A. I worked there from probably about(15) September -- August or September of 1989(16) through probably about October or so of '91.(17) Q. Were you working for the mayor at(18) that time?(19) A. No, I was working for the speaker(20) of the New York City counsel.(21) Q. Who was that?(22) A. Peter F. Vallone.(23) Q. What year did you graduate from(24) college?(25) A. 1989.

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(2) Q. Your first job after college, you (3) went to work for City Hall? (4) A. That was my first professional job, (5) yes. (6) Q. Is it fair to say every job that (7) you've had since you graduated from college is (8) in the public relations field? (9) A. That is accurate.(10) Q. And in 1996, did you leave Dan(11) Clores Associates to found your own(12) association?(13) A. I did.(14) Q. Why did you decide to do that?(15) A. Because I wanted to.(16) Q. Is there any particular reason that(17) you left Dan Clores Associates?(18) A. I wanted better challenge.(19) Q. I'm going to ask you a couple of(20) questions about the Uniformed Firefighters(21) Association.(22) A. Sure.(23) Q. Do you know who the current(24) president is?(25) A. Yes, Stephen J. Cassidy.

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(2) Q. When was he elected? (3) A. He was elected on or about August (4) 1, 2002, if I remember correctly. (5) Q. The president before Mr. Cassidy, (6) did you also work with him? (7) A. Yes, I did. (8) Q. Who was that? (9) A. That was Kevin Gallagher.(10) Q. When was Mr. Gallagher president?(11) A. He was president for two terms.(12) That would have been a total of six years(13) preceding Mr. Cassidy.(14) Q. So August of 1996 through 2002; is(15) that fair?(16) A. Yeah, approximately, yeah.(17) Q. Did you work with the president(18) prior to Mr. Gallagher?(19) A. There was an interim president,(20) Michael Carter. He served for a period of(21) about two to three months. He was on an(22) interim basis.(23) Q. Was he the first president that you(24) worked for?(25) A. No, he is not. The first president




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(2) I worked for was Thomas von Essen. (3) Q. Was Mr. Von Essen the president (4) when you first started working with the UFA? (5) A. Yes, he was. (6) Q. In any of your prior positions (7) before Butler Associates had you worked with (8) anyone from the UFA before? (9) A. The firefighters had been an(10) account at Rubenstein and so I was actually(11) friendly with the person who had overseen the(12) account at that time.(13) Q. Starting in I think you said March(14) of 1996, did you become the only company that(15) worked with the UFA for their press relations?(16) A. Yes.(17) Q. Do you know whether or not the UFA(18) has a board?(19) A. Excuse me?(20) Q. Do you know if the UFA has a board,(21) like a board of directors?(22) A. Yes, they did.(23) Q. Are you familiar with the structure(24) of the board?(25) A. Well, I don't participate in any of

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(2) its meetings. I don't have that type of (3) access, but the board has a president and all (4) the elected officials to the union as its (5) members. (6) Q. Are on the board? (7) A. That's correct. (8) Q. Have you ever attended a UFA board (9) meeting?(10) A. In my eleven years, I've been(11) called in, you know, maybe -- maybe three, four(12) times to speak or answer a question on a matter(13) and then depart. So I never -- I was never(14) given access to stay for more than just what I(15) needed to speak on.(16) Q. Following board meetings, do any(17) members of the UFA tell you what happened at(18) the meetings, give you any briefing?(19) A. No, that's not my capacity.(20) Q. Did you ever have occasion to(21) discuss at certain times what might have(22) happened at certain board meetings in order to(23) complete your duties?(24) A. Well, if I've given instructions,(25) you know. If I'm given instructions as to do

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(2) this. The job that I fulfill on behalf of the (3) union is to communicate to the press and to (4) communicate the press' requests to the UFA or (5) anything related to that. So, it's limited in (6) scope to that. (7) Q. With whom at the UFA do you have (8) the most close -- well, the closest working (9) relationship?(10) A. I report to the president.(11) Q. So, at this time you report to(12) Stephen Cassidy?(13) A. Yes, that's correct.(14) Q. Is he the person you have the most(15) contact with at the UFA in terms of day -- or(16) communications?(17) A. It would be Mr. Cassidy and also(18) his executive assistant.(19) Q. And who is that?(20) A. James Spollen.(21) Q. Did you ever work with any of the(22) other officers of the union?(23) A. Oh, sure.(24) Q. Did you ever work with the trustees(25) of the union?

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(2) A. Oh, sure. (3) Q. In what kinds of instances would (4) you work with the other officers and trustees (5) of the union as opposed to the president? (6) A. They might convey to me something (7) that happened in the field, an incident or (8) something that they want me to be aware of that (9) they have direct knowledge of or I might need(10) to call them to find out information based(11) upon -- as it relates to an inquiry that I(12) might get.(13) Q. Generally speaking, how frequently(14) would you say you speak with Mr. Cassidy?(15) A. It varies, you know, based upon,(16) you know, the day of the week. You know, on a(17) particular day, I might speak with him or meet(18) with him on several occasions.(19) It's really on -- it's based upon(20) what's going on with the news and with(21) firefighter related matters. That's another(22) variable that can change by the day.(23) Q. Are there some days when you speak(24) with him frequently, several times a day?(25) A. Sure, sure.


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(2) Q. We've spoken a little bit about (3) what Butler Associates does for its clients, (4) but specifically for the UFA what kinds of (5) tasks do you complete for the union? (6) A. You know, on a daily basis, there (7) could be calls from journalists about a fire or (8) firematic-related operations. (9) Q. What does firematic mean?(10) A. Sort of fire science or we might(11) hold a press conference on their behalf. We(12) might draft op-ed articles, opinion articles on(13) behalf of the union and its leadership on a(14) particular fire-related matter, as well as(15) strategic issues involving communicating with(16) the news media.(17) Q. When you say "hold press(18) conferences," do you set up the details when(19) the UFA is interested in having such press(20) conferences?(21) A. Yeah, we would -- we would draft(22) the communications, vehicles that we would send(23) out to the press. We would send it out by a(24) notification to the press so that they know to(25) come to a press conference. We would prepare a

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(2) press release on the subject to be (3) communicated. (4) Q. For written materials that you (5) prepare on behalf of the UFA, is there one (6) person who approves those, meaning does (7) Mr. Cassidy have to approve that or is there (8) some other mechanism by which you work with the (9) UFA?(10) A. Generally Mr. Spollen will approve(11) it, yeah.(12) Q. When Mr. Cassidy appears in the(13) media, say on NY1, for example, are you(14) involved in assisting with those appearances?(15) A. Sure, sure. I am -- you know, I(16) would potentially book the interview or arrange(17) for it, or I would -- if it's an in-studio(18) interview I would arrange it and potentially I(19) or somebody else would go with him.(20) Q. So, someone from your company would(21) go with him?(22) A. Someone like myself or Mr. Spollen(23) would go over with him to the studio.(24) Q. Is part of your job trying to place(25) stories in the press in some fashion?

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(2) A. Certainly, certainly. (3) Q. When do you go about doing that? (4) A. Well, first what I would seek to do (5) is write the story, draft up the outline of the (6) story, whether it be a press release or what (7) have you and then we would call the journalists (8) who would write on that particular matter. (9) Q. Are there certain journalists who(10) frequently write on fire or union matters?(11) A. There's a lot of media that covers(12) New York, so newspapers, TV, tend to mix them(13) up, reassign them to different beats. So, it's(14) really hard to say because every -- in eleven(15) years, there's a lot of names that have come(16) and gone.(17) Q. Do you track press coverage on(18) behalf of the union?(19) A. Yes.(20) Q. What does that generally involve?(21) A. Two ways. I get alerts that come(22) to my computer. Generally the moment a story(23) hits, at least electronically hits -- and(24) there's also each morning we're sent all the(25) clips related to New York firefighting, the

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(2) FDNY, its members or firefighting throughout (3) the nation and we monitor those right away. (4) Q. The alerts that you have receive on (5) your computer, where do those come from? (6) A. Google. Google has a service that (7) does that and then there's somebody that (8) actually prepares the second clip mentioned, (9) the compilation of clips every morning.(10) There's a service that does it. I don't know(11) the service's name.(12) Q. So an outside service will compile(13) those clips?(14) A. That's correct.(15) Q. And they're sent to you?(16) A. No, they're sent to myself and(17) members of the firefighters executive board.(18) As for the Google that I mentioned earlier,(19) that comes right to my desktop.(20) Q. On that Google alert search, what(21) terms have you used?(22) A. Oh, I generally haven't updated(23) that in years. It probably has the names(24) Uniformed Firefighters Association, you know,(25) UFA. Again, I don't know. I haven't updated




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(2) that probably in years. (3) Q. Would it include the FDNY? (4) A. Probably not because it's probably (5) too wide a search term. (6) Q. That search, is that just in the (7) news section of Google or is that Google -- (8) A. No, it's generally when -- when (9) things hit a news wire. It could be on either(10) a newspaper, a website or a news service. If(11) somebody sends a press release out about(12) something and they use the term Uniformed(13) Firefighters Association, boom, it will -- it(14) will light up my computer.(15) Q. And how long have you had that,(16) would you say, set up?(17) A. Numerous years. I couldn't tell(18) you how many years.(19) Q. More than three years?(20) A. I wouldn't -- I wouldn't be able to(21) put a true answer to that.(22) Q. In the clips that are sent to you(23) by the outside company, what topics do they(24) generally include?(25) A. Those related to the Uniformed

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(2) Firefighters Association, those related to the (3) unions members, those related to the Fire (4) Department of the City of New York and its (5) management, and other associated things that (6) could do with firefighters reaching contract (7) agreements or injured firefighters across the (8) country or firefighter-related deaths across (9) the country or other significant firefighting(10) matters nationally so that we can be fully(11) aware of what's happening in the news.(12) Q. And you receive those clips every(13) morning?(14) A. Every morning, seven days a week.(15) Q. Do you review them every morning?(16) A. I do my best.(17) Q. If the press is interested in(18) receiving comment from the UFA, if they were to(19) call the UFA, would they generally be directed(20) to you?(21) A. Yes.(22) Q. The UFA doesn't have anybody, let's(23) say, in-house that handles press inquiries; is(24) that correct?(25) A. No, they're directed to me.

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(2) Q. When you're reviewing these clips (3) on various matters that get sent to you, do you (4) sometimes bring up various issues to the union (5) or to Mr. Cassidy if you find them interesting? (6) A. Well, they see the clips as well. (7) Q. So, is it fair to say that if (8) there's something that's of interest, they've (9) already seen it?(10) A. Yeah, I would hope so, yeah.(11) Q. Do you have general authority to(12) speak on behalf of the union?(13) MR. LEFKOWITZ: Object to the form.(14) Q. I'll rephrase. If a press inquiry(15) comes in to you on a topic, what do you usually(16) do first?(17) A. Could you repeat the question,(18) please?(19) Q. If a reporter calls you and asks(20) for comment from the UFA on a certain topic,(21) whatever it might be, at that point what do you(22) do?(23) A. I would get the information that(24) they're seeking and their call back number and(25) we do our best to get back to them in a timely

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(2) fashion. (3) Q. And who do you usually go to if (4) it's a question that you don't know the answer (5) to related to UFA matters? (6) A. I would tend to go to Mr. Spollen (7) if it's a question that I don't know the answer (8) to. (9) Q. Mr. Spollen provides you with an(10) answer. Are you then authorized to go back to(11) the reporter and provide the answer that you(12) received?(13) A. If he tells me I'm authorized to do(14) so, yeah.(15) Q. Do you have a discussion every time(16) a press inquiry comes in whether or not after(17) you've spoken with Mr. Spollen you can then go(18) back to the reporter to talk about the answer?(19) A. We frequently do.(20) Q. Are there instances when you get(21) inquiries from the press where you happen to(22) know the answer to a certain question, are you(23) authorized in those instances to respond to the(24) question on behalf of the UFA?(25) A. Could you repeat your question?


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(2) Q. Sure, if a press inquiry comes in (3) that you've already received or you know the (4) answer to because of your work for the UFA, are (5) you authorized in that instance to speak on (6) behalf of the UFA? (7) A. Yes. (8) Q. Do certain press inquiries require (9) you to speak to Mr. Cassidy to get his(10) response?(11) A. Oh, certainly.(12) Q. Do you ever speak on behalf of the(13) UFA with reporters without first receiving(14) authorization from either Mr. Spollen or(15) Mr. Cassidy?(16) A. Well, I think you asked a question(17) before which is information that I already(18) know.(19) Q. Aside from information that you(20) already know, if you were having a conversation(21) with a reporter and you're speaking about UFA(22) matters, would you ever speak on behalf of the(23) UFA without receiving permission?(24) A. Well, I think your question is a(25) little --

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(2) MR. AXELROD: Did you understand (3) the question? (4) A. It's sort of an odd question. I (5) don't really -- (6) Q. Okay. Let me rephrase. (7) Did you ever have conversations (8) with reporters about topics related to the UFA (9) without first checking with anyone at the UFA?(10) A. Reporters often call us trying to(11) find out information. You know, what we try to(12) do is get what their questions are, what the(13) background is and what they're speaking on so(14) that we can -- so that the union can address(15) it. Now, not all requests are requests that(16) are going to be fielded and responded to.(17) Q. What types of requests wouldn't be(18) responded to?(19) A. There are a lot of odd requests we(20) get that have nothing to do with the union(21) business which is protecting the health and(22) safety of the membership and the citizens of(23) New York.(24) Q. Do you speak with reporters on(25) background at all?

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(2) MR. LEFKOWITZ: Object to the form. (3) Q. Are you familiar with the term "on (4) background" as it relates to reporters? (5) A. Why don't you explain what you (6) mean. (7) Q. The point is whether or not you (8) have a recollection of speaking with a reporter (9) that's, let's say, not on the record?(10) A. Well, reporters might ask for that.(11) Q. And do you ever speak off the(12) record with reporters regarding UFA matters?(13) A. I'm sure I have. I'm sure I have(14) over my career, sure.(15) Q. Are you involved at all in the(16) decisionmaking process at the UFA?(17) A. No, I'm not.(18) Q. Is it fair to say if they made a(19) decision on a certain matter and they want to(20) communicate that, that's when you get involved?(21) A. If it's a media communications(22) matter.(23) Q. Right. Have you ever done any work(24) for the Uniformed Fire Officers Association?(25) A. No, I have never represented them,

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(2) but we have done joint press conferences with (3) them over the years, but I've never represented (4) them directly. (5) Q. How frequently would you say those (6) joint press conferences are? (7) A. When I'm told. (8) Q. Is it more than once a year? (9) A. I couldn't quantify it in that way.(10) If I think back, you know, in eleven years(11) maybe we've done, you know eight to ten events(12) with them.(13) Q. Did you ever put out joint press(14) releases on behalf of the UFA and the UFOA?(15) A. We may have in those instances(16) where we did a joint announcement, but it's not(17) something that I would do unless directed to.(18) I don't have the authority to do so.(19) Q. To your knowledge, does the UFOA(20) have their own person who does press?(21) A. Yes, they do.(22) Q. Who is that, if you know?(23) A. His name is Martin Steadman.(24) Q. Is he in the public relations field(25) as well?




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(2) A. He is, yes. (3) Q. Does he have his own firm? (4) A. He is a consultant, yeah. (5) Q. Did you have any occasion to work (6) with Mr. Steadman? (7) A. Sure. (8) Q. Do you know the name of Michael (9) Block?(10) A. Sure. Michael is the general(11) counsel for the Uniformed Firefighters(12) Association.(13) Q. Do you know how long he's been the(14) attorney for the UFA?(15) A. He was there when I -- when I began(16) with the UFA.(17) Q. In your capacity as the public(18) relations person for the UFA, did you have(19) occasion to work with Mr. Block?(20) A. Yes, I do.(21) Q. For what kinds of matters would you(22) need to speak with Mr. Block?(23) A. Any legal related matters.(24) Q. Do you know whether or not(25) Mr. Block ever makes comments to the media

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(2) relating to the UFA? (3) A. He does when it's a legal related (4) matter. (5) Q. Does he generally check with you (6) first before speaking with the media, or -- (7) A. He would generally be instructed, I (8) would assume, by the client and if I received (9) an inquiry of that nature, I would refer it to(10) him.(11) Q. So, if a reporter called with a(12) question that had some legal nexus you would(13) say, contact Mr. Block, generally?(14) A. Well, I would try to -- you know,(15) they would try to convey the information(16) they're seeking and if I can get that(17) information, I'll provide that to Mr. Block or(18) I might just have them call Mr. Block directly.(19) So there's two different.(20) You have to remember that a lot of(21) times reporters are working on deadline, so --(22) Q. Deadline meaning short deadline(23) perhaps?(24) A. Their story could be due in a half(25) an hour or it could be in an hour.

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(2) Q. In that instance do you try to (3) expedite the process by saying, contact (4) Mr. Block directly? (5) A. That's a variable. (6) Q. You mentioned the name James (7) Spollen before? (8) A. Yes. (9) Q. Did you say he's the executive(10) assistant to Mr. Cassidy?(11) A. That's correct.(12) Q. What does that mean, to your(13) knowledge, anyway?(14) A. I think of him sort of as the chief(15) of staff.(16) Q. Do you work with him frequently?(17) A. I do.(18) Q. Do you know how long he's been at(19) the UFA?(20) A. I don't know. Three years(21) possibly, four years.(22) Q. Did you ever meet with Mr. Spollen?(23) A. Sure.(24) Q. Is he involved in crafting public(25) relations for the union?

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(2) A. He is. (3) Q. Do you know if Mr. Spollen ever (4) speaks with the media on behalf of the UFA? (5) A. I think he does. (6) Q. Generally when you're reading (7) stories and clips that you receive about the (8) UFA, are you usually familiar with the topics (9) that are covered, meaning you've had some(10) knowledge prior to the article coming out that(11) someone had made the inquiry?(12) A. Well, if it relates to the UFA,(13) yes.(14) Q. Are there any instances when(15) certain comments show up that take you by(16) surprise that you didn't know about them?(17) A. Very rarely, very rarely.(18) Q. As of September 11, 2001 you had(19) already started Butler Associates; is that(20) correct?(21) A. Yes.(22) Q. Are you familiar with what the term(23) "Ground Zero" means?(24) A. Yes, that's the site of -- the(25) World Trade Center site and the collapse.


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(2) Q. After September 11, 2001, did you (3) ever go down to Ground Zero? (4) A. Yes, I did. (5) Q. Did you ever go down to Ground Zero (6) in your capacity as the press person for the (7) UFA? (8) A. Probably three, maybe four times, (9) but not always within the perimeter because I(10) didn't have access within the perimeter.(11) Q. By "perimeter," what do you mean?(12) A. Inside the zone where the police(13) cutoff lines were.(14) Q. Have you ever been inside the zone?(15) A. I was.(16) Q. How many times?(17) A. I was there on -- this is from(18) memory and I'll do my best, I was there on(19) September 12th.(20) Q. Who did you go down with on(21) September 12th?(22) A. With Mr. Gallagher.(23) Q. Generally, how long were you there(24) on September 12th?(25) A. There's no knowledge of time. It

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(2) was probably less than two hours. (3) Q. And the nature of that trip? (4) A. I went there to see how I could (5) help the union, if there was anything to do. (6) Q. Generally, what did you do during (7) your time on that day at Ground Zero? (8) A. I stood nearby Mr. Gallagher in (9) case he needed me. There was truly no need for(10) me. After there was an emergency evacuation(11) siren that went off and everyone ran including(12) the acting chief of the department, I(13) determined it wasn't a place that was safe for(14) a civilian like myself with no law enforcement(15) experience or first responder experience,(16) perhaps.(17) Q. After that time, did you ever go(18) back down inside Ground Zero, inside that(19) perimeter that you were talking about?(20) A. About a week or a week and a half(21) later, and I'm not exactly sure, Mr. Gallagher(22) and then-UFOA president Mr. Gorman together(23) with the International Association of(24) Firefighters president, Mr. Shaitberger,(25) decided to have a press conference to speak up

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(2) for the first time. I did not go within the (3) perimeter. I stayed at the press assembly (4) area. (5) Q. Where was that located? (6) A. I think it's West Street. I think (7) it was -- and it was north -- north of (8) Stuyvesant High School. It was probably (9) about -- I think it's about 15, 18, 20 blocks(10) out.(11) Q. You attended that press conference.(12) Was it held in that location?(13) A. It was held at -- at the barricades(14) at the press tent.(15) Q. Do you remember if you had any(16) other reasons to visit Ground Zero?(17) A. I think there was one other(18) occasion when firefighters and the(19) firefighters' families had a -- they had a --(20) they had a rally and a press conference. They(21) were upset that the mayor at the time was(22) stopping the dignified recovery of remains and(23) bringing in backhoes to begin removing the(24) remains for more a rapid recovery process.(25) So, we had that event there. It

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(2) was held outside the police barricade area and (3) then the families and the firefighters, there (4) were hundreds if not thousands there, decided (5) to march down to Ground Zero to hold a vigil. (6) So I accompanied them with all the journalists (7) who also attended that. (8) Q. When was that, do you know? (9) A. You know, I don't know. It was(10) probably six or eight weeks after the September(11) 11th attacks.(12) Q. Otherwise, after September 11th of(13) 2001 --(14) A. There was only perhaps one other(15) time that I was down there, and I -- you know,(16) I don't recall. It might have been for(17) another -- you know, a bunch of press requests,(18) but that would have been it.(19) Q. After the attacks --(20) A. I don't have press credentials to(21) get into the site. I don't -- they wouldn't(22) give me access.(23) Q. Did you seek access?(24) A. No, I didn't.(25) Q. After the attacks of September 11th




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(2) of 2001, you continued to do press for the UFA; (3) is that correct? (4) A. That's correct. (5) Q. And I imagine your job changed a (6) bit during that period of time; is that fair to (7) say? (8) A. Yeah, it was staggering in its (9) demands.(10) Q. What kinds of things were you doing(11) after September 11th that are slightly(12) different than prior to September 11th?(13) A. Well, the volume of media needs,(14) requests, were amplified at least tenfold, so(15) that was something that was extremely larger(16) than in the past. And then, you know, there(17) are a lot of people who wanted to communicate(18) and help with some of the charities.(19) So I, along with other people at(20) the union, helped take their offers and(21) requests and communicate that to whoever was(22) making decisions on those matters and I don't(23) know who that would have been.(24) Q. Did you receive press inquiries(25) regarding things happening down at Ground Zero

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(2) at all? (3) A. Yeah, but I -- you know, I wasn't a (4) spokesman for the Fire Department of the City (5) of New York. I can only speak for the union (6) and the members. (7) So what I would often do is if a (8) media outlet made a request, they wanted to (9) speak to somebody affected, I might arrange an(10) interview with a firefighter who had many(11) members of his company who passed away or -- it(12) was an extended period of morning, so, you(13) know --(14) Q. Sure. How long would you say that(15) the amplified press inquiries lasted?(16) A. Months.(17) Q. Did you have additional people(18) helping out during that period of time?(19) A. No.(20) Q. Were you ever called upon to answer(21) questions involving actual operations down at(22) Ground Zero or would you refer that to somebody(23) else?(24) A. Sure. We -- we were asked all(25) types of things. Whether or not we have the

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(2) ability to answer it or -- is a different (3) thing. (4) Q. Did you ever acquire any knowledge (5) during your time doing press regarding the (6) rules and procedures regarding the recovery (7) efforts at Ground Zero? (8) A. Could you give me an example? (9) Q. Sure, the logistical operation of(10) searching through the rubble at Ground Zero.(11) A. I'm not a firefighter. I've never(12) been a firefighter, so, I don't know. I don't(13) have an answer to that question.(14) Q. For those kinds of questions you(15) wouldn't have been in the position to answer(16) them; is that fair?(17) A. You know, there might have been a(18) specific question asked where maybe I was given(19) an answer from the union and able to answer(20) that.(21) Q. For example, did anybody ever ask(22) you if Ground Zero was a crime scene?(23) A. I don't know. I don't know.(24) Q. You wouldn't have any knowledge(25) about that now?

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(2) A. Well, I said "I don't know." (3) Q. Right. Well, my question was did (4) anybody ever ask you about that? (5) A. Well, that would be a question (6) probably more appropriately put to a police (7) officer. (8) Q. I understand. I'm just trying to (9) get a sense of --(10) A. Or a fire marshal. By the way, the(11) UFA does represent the fire marshals.(12) Q. Did you ever have contact with fire(13) marshals then in your job?(14) A. No, I don't have contact with fire(15) marshals, but the union does have a fire(16) marshal representative who sits on its board.(17) Q. Did you ever in your capacity(18) receive questions regarding firefighters or(19) other individuals removing items from Ground(20) Zero?(21) A. Perhaps. Let me just say this. We(22) get thousands, thousands of inquiries, from(23) journalists all across the world. You know, to(24) keep track of questions people asked is a(25) Herculean task.


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(2) Q. I'm just wondering if you have any (3) knowledge about incidents in which individuals (4) removed items from Ground Zero. (5) A. Do I have personal knowledge -- (6) well, I was never really there to see. I've (7) seen stories -- I've seen stories in the (8) newspaper, sure. (9) Q. Those wouldn't be the kinds of(10) questions you'd be fielding from journalists;(11) correct? They would go to the fire department?(12) A. Journalists can ask me any(13) questions that they can ask while dialing a(14) phone. I can't -- I can't determine what(15) somebody asks.(16) Q. Have you ever heard the name Samuel(17) Brandon?(18) A. Not that I'm aware of.(19) Q. Other than reading stories, did you(20) ever have any other involvement with(21) individuals who may have been prosecuted or(22) arrested for removing items from Ground Zero?(23) A. For removing items from Ground(24) Zero, not that I'm aware of.(25) Q. Do you recall whether or not any

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(2) UFA member was ever involved in any kind of (3) situation in which something was removed from (4) the Ground Zero site? (5) A. I would have no knowledge of that. (6) Q. Have you ever heard the name Gary (7) Suson? (8) A. I have. (9) Q. When did you first hear that name?(10) A. I think that's the reason we're(11) here today. On or about -- if you don't mind,(12) I'm going to look at this exhibit.(13) Q. What exhibit is it that you're(14) looking at?(15) A. This is 186. On or about August(16) 27th or 28th of 2005, I got a Google alert(17) about my client, the Uniformed Firefighters(18) Association.(19) Q. Do you remember the nature of the(20) Google alert at that time?(21) A. Yeah. It was a story that had(22) crossed the Associated Press and, you know, I(23) clicked in to read it and I was quite curious(24) because I had never heard of this and I don't(25) really remember the full gist of the story, but

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(2) in essence it indicated that this gentleman (3) was -- was the official photographer for the (4) Uniformed Firefighters Association. (5) The Associated Press had never (6) called me regarding the story, as would be a (7) typical procedure that they would call to, you (8) know, confirm it. It was an unusual situation. (9) + MR. LEFKOWITZ: Object and move(10) to strike as not responsive to any(11) question.(12) Q. Is it fair to say that on August(13) 27th you had never heard the name Gary Suson(14) before?(15) A. I said it was either August 27th or(16) 28th.(17) Q. On either August 27th or 28th of(18) 2005, prior to that date, had you ever heard(19) the name Gary Suson?(20) A. I have no recollection of having(21) heard it. That was my first recollection of(22) it.(23) Q. And the nature of the Google alert(24) was an associated press article; is that right?(25) A. That's my recollection.

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(2) Q. Do you remember what the article (3) was about generally? (4) A. You know, I didn't have it in my (5) files, so I wasn't able to go back and look at (6) it, but if I recall, the story was of a nature (7) that this gentleman was the official (8) photographer of the Uniformed Firefighters (9) Association of Greater New York, which is my(10) client.(11) Q. Again, as of that time, you had(12) never heard of Mr. Suson serving as the(13) official photographer for the UFA?(14) A. That's correct.(15) Q. The document marked Exhibit 186(16) begins with Monday, August 29th; is that(17) correct?(18) A. That's correct.(19) Q. And this is your planner?(20) A. This is my day-to-day planner,(21) right.(22) Q. You had said that you had seen the(23) Google alert on August 27th or August 28th.(24) A. Right.(25) Q. Why is it that you know that it was




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(2) one of those two dates? (3) A. Because I have a notation pretty (4) much first thing in the morning on Monday, (5) August 29th. (6) Q. Could you point out that notation (7) for the record? (8) A. Sure, about four boxes down, it (9) says, "Speak to Mike Block on issue of media(10) claiming the UFA has an official photographer.(11) Refer all calls including media to him, fax(12) info."(13) Q. That's from August 29th; is that(14) correct?(15) A. That's correct.(16) Q. Would you have written that on(17) August 29th or would it have been a different(18) date?(19) A. No, I keep my book as I go so I can(20) remember what I did on a day-to-day basis.(21) MR. LEFKOWITZ: Could you point to(22) me where you started reading from?(23) THE WITNESS: Sure. Right here.(24) "Speak to Mike Block on UFA issue of(25) media claiming the UFA has an official

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(2) photographer" and then I have an arrow (3) going up. It says, "Refer all calls (4) including media to him, fax info." (5) MR. LEFKOWITZ: So you just sort of (6) wrote down something -- I see. Never (7) mind, go ahead. (8) Q. Because it's under the box that (9) says "August 29th," you're confident that would(10) have been the date that you wrote that note?(11) A. That would have been the date I(12) wrote that. I keep all my books this way for(13) years.(14) Q. And do you recall --(15) A. And then, by the way, there's a(16) reference underneath it. It says, "Fern refers(17) Deepti Hajela of AP," that means Associated(18) Press, "and her telephone number to Block."(19) Fern refers to Mr. Cassidy's(20) secretary, Fern Iodice.(21) Q. Okay.(22) A. And there's one other notation here(23) and that's the last for that day. Do you want(24) me to continue?(25) Q. Sure.

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(2) A. It says, "Spollen," Mr. Spollen, (3) "comes down." It says, "The Ground Zero (4) photographer called him. Jim said no one on (5) the board knows who he is. JS says this is not (6) a problem and if he calls refer to Block." (7) Q. "JS" meaning? (8) A. Mr. Spollen. (9) Q. Let's take them one at a time.(10) MR. LEFKOWITZ: Just for the(11) record, you said "no one on the board."(12) As I see, your handwriting your(13) handwriting says "No one on this board,"(14) right?(15) THE WITNESS: "No one on this board(16) knows who he is." That's just what I(17) wrote, yeah.(18) MR. LEFKOWITZ: I'm just correcting(19) the record.(20) THE WITNESS: Right, right.(21) Q. The top notation, "Speak to Mike(22) Block on issue of media claiming the UFA has an(23) official photographer."(24) Is that a notation to yourself to(25) remind you to do that?

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(2) A. No. That would have been based (3) upon what I do. I generally don't write my (4) book to what I want to do. That's a separate (5) to-do list. This is what I actually do, so I (6) can break down my day to understand what I do (7) for each client. (8) My day is sometimes broken up among (9) multiple clients. I need to go back sometimes(10) to reconstruct a day to tell a client when(11) something occurred.(12) Q. If this notation is -- does this(13) mean that you've spoken to Michael Block?(14) A. Yes. "Speak to Mike Block on(15) issue." That means I spoke to him.(16) Q. Do you recall if you spoke to him(17) then on the morning of August 29, 2005?(18) A. I would assume I did, since I have(19) it listed in the morning. I keep my book as it(20) runs throughout the day. I don't do it at the(21) end of the day to fill it in.(22) Q. Do you recall the nature of your(23) conversation with Mr. Block on that date?(24) A. No, I don't recall. And I don't(25) want to assume, right.


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(2) Q. We don't want you to guess at (3) anything. If you just had any general (4) recollection. (5) A. It would have been directly (6) related to this matter. (7) Q. Do you know whether or not you (8) brought it to Mr. Block's attention because you (9) were concerned about it?(10) A. No, I think -- I'm trying to(11) recollect this. The story occurred over the(12) weekend and then I think it was either on a(13) Sunday night or a Monday night, I got an e-mail(14) communication from Mr. Suson, a threatening one(15) and so -- possibly a phone call. So, you know,(16) I immediately, you know, referred everything to(17) Mr. Block.(18) Q. Do you know whether or not you(19) heard from Mr. Suson prior to you speaking to(20) Mr. Block?(21) A. I didn't speak to Mr. Suson.(22) Again, as I recall, he sent an e-mail to me. I(23) didn't have it in my records, you know, my(24) computer archives -- I get 150 e-mails a day.(25) I don't have all of that stuff, but I think

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(2) what I would have done is probably referred (3) that to Mr. Block and, you know, sort of (4) deferred to him on the matter. (5) Q. On the note here that says "refer (6) all calls including media to him/fact info," (7) would that have been the result of your (8) conversation with Mr. Block? (9) A. Well, no. Let's see, this is --(10) isn't there another -- there's another -- oh,(11) it's back here. Page three of Exhibit 186, I(12) would assume I may be referring there to the(13) website here. This is information pulled from(14) Mr. Suson's website, you know, just to find(15) out, you know, a little bit more information(16) about the issue.(17) Q. So, you had printed out these pages(18) three through five?(19) A. You asked me -- when you sent me(20) the subpoena, I went through both my paper(21) files and my electronic files and this was in(22) my -- this was the only reference on my(23) electronic files that I had so this was in my(24) computer. Whether I printed it or e-mailed it(25) to him, I don't recollect.

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(2) Q. "To him," meaning Mr. Block? (3) A. Mr. Block, correct. (4) Q. You believe you sent it to (5) Mr. Block at some point? (6) A. I don't know if I did. (7) Q. Again, back to that first note. (8) After it says, "Speak to Mike Block on issue of (9) media claiming the UFA has an official(10) photographer," there's an arrow and it says(11) "refer all calls including media to him/fact(12) info." "Him" does that mean Mr. Block?(13) A. Yes, that would be Mr. Block.(14) Q. Does this notation state that you(15) spoke with Mr. Block and the result of the(16) conversation was that if you received press(17) inquiries, you'd send them to Mr. Block?(18) A. Yes.(19) Q. Do you recall whether or not you(20) received press inquiries after writing this(21) note on August 29th?(22) A. In fact, if we go to August 30th(23) and 31st, there are notations regarding those(24) as well.(25) Q. We'll get to those in a minute.

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(2) The second notation says, "Fern refers Deepti (3) Hajela of AP 212-621-1670 to Block." (4) Fern, again, is Mr. Cassidy's (5) secretary? (6) A. Mr. Cassidy's secretary and she (7) probably just sent me that as a courtesy note. (8) Q. Do you know whether or not you (9) spoke with Fern on August 29th?(10) A. I don't know if she left a(11) voicemail. I don't know if I spoke to her(12) directly. I cannot recall.(13) Q. Do you remember whether or not you(14) knew if the AP had contacted Fern directly or(15) Mr. Cassidy directly?(16) A. No, that would have been -- that(17) would have indicated that they contacted her(18) directly, "her" being Mr. Cassidy's office.(19) Q. As a courtesy she was informing(20) you, I received a press inquiry and forward it(21) on to Mr. Block?(22) A. Yes, that would be standard.(23) Q. There's a third notation, "Spollen(24) comes down and says Ground Zero photog called(25) him. Jim said no one on this board knows who




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(2) he is. JS says this is not a problem and if he (3) calls refer to Block." (4) A. Yup. (5) Q. What is "Spollen comes down"? What (6) does that mean? (7) A. Mr. Spollen's office is on the (8) fifth floor of 204 East 23rd Street. I rent (9) space on the third floor of 204 East 23rd(10) Street.(11) Q. So, is it fair to say that note(12) means that Mr. Spollen come to visit you in(13) person in your office?(14) A. That would have been accurate.(15) Q. And, again, these notes are kept(16) contemporaneous with the time of the day;(17) correct?(18) A. Yes. As things happen, I take(19) them, yeah.(20) Q. So, the notation for August 29th it(21) appears to be between 10, 11 and 12 o'clock.(22) A. It could have been at 10 a.m., but(23) you only have so much space.(24) Q. Okay. Did Mr. Spollen tell you(25) that Gary Suson had called Mr. Spollen? Is

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(2) that what this note means? (3) A. That's my recollection. (4) Q. Do you recall any details of what (5) Mr. Spollen had said in regards to Gary Suson's (6) calling? (7) A. Again, I don't know what the two of (8) them discussed. (9) Q. Here it says, "Jim said no one on(10) this board knows who he is." "He" being(11) Mr. Suson?(12) A. That would -- yes, "he" being(13) Mr. Suson.(14) Q. Do you know whether or not(15) Mr. Spollen had checked with anyone regarding(16) Gary Suson?(17) A. I wouldn't know.(18) Q. Do you remember what Mr. Spollen(19) had said during your conversation when he came(20) down to tell you that Mr. Suson had called him?(21) A. This is over two years ago.(22) Q. I understand. It's just your(23) recollection, if you have one.(24) A. From my notes here it says, "Refer(25) all calls to Mike Block"; that if Mr. Suson

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(2) calls me, and this, I'm assuming, is after, (3) again, the -- the e-mail that I received, the (4) threatening e-mail, and possibly it was a phone (5) call. I don't recall. (6) Q. It then says, "JS," meaning James (7) Spollen, "says this is not a problem." (8) Do you know what is not a problem? (9) A. No.(10) Q. "And if he calls refer to Block."(11) "He" being Mr. Suson?(12) A. Yes.(13) Q. Do you know whether or not(14) Mr. Suson called you after August 29th?(15) A. No, I do not know. I do not know.(16) Q. Did you and Mr. Spollen have any(17) kind of conversation as to whether or not Gary(18) Suson was the official photographer for the UFA(19) at Ground Zero?(20) A. I think -- you know, we never had a(21) photographer, "we" meaning the Uniformed(22) Firefighters Association. We still, to this(23) day, do not have a photographer.(24) Q. Do you remember if that was part of(25) your conversation with Mr. Spollen?

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(2) A. I don't recall. (3) Q. You mentioned there are some other (4) notes on this first page of Exhibit 186 -- (5) A. Yeah. (6) Q. -- that you believe in some way (7) relate to Mr. Suson? (8) A. Yeah. Tuesday -- Tuesday, August (9) 30th, listed somewhere around 10:15-ish or so.(10) I don't know if it's the exact time. It says,(11) "Cynthia Fagan at Post," meaning New York Post,(12) calls, 212-930-8159 on Ground Zero Museum(13) workshop" and then it says, "Is this person(14) official UFA photographer, per Cassidy, Spollen(15) and Slevin." Mr. Slevin is the vice president(16) of the Uniformed Firefighters Association.(17) "Refer inquiries to Mike Block." And then it(18) says, "Also Cassidy does call with Kevin(19) Gallagher and Gorman," Gorman being Peter(20) Gorman, then president of the Uniformed Fire(21) Officers Association on the subject.(22) Q. Let's go one at a time. Do you(23) recall whether or not you spoke with Cynthia(24) Fagan on August 30th?(25) A. She called me, yeah.


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(2) Q. It's not just a message? (3) A. She called me. I think I picked up (4) the phone. (5) Q. Do you remember the nature of your (6) conversation? (7) A. She was inquiring about this story (8) and about this Ground Zero museum workshop. (9) Q. Do you remember generally what you(10) discussed?(11) A. I don't. She was making inquiries,(12) you know, but I don't -- I don't know what the(13) details were.(14) Q. There's a note, "Is this person(15) official UFA photographer?"(16) Do you know if that's a question(17) that Cynthia asked you?(18) A. That would have been the gist of(19) her -- her inquiry.(20) Q. Do you recall if you gave her an(21) answer?(22) A. You know, I don't know but my notes(23) here say that "Per Spollen, Cassidy, Slevin(24) refer inquiry to Michael Block."(25) Q. Do you know if you referred

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(2) Ms. Fagan to Mr. Block? (3) A. I don't know if I asked him to call (4) her or if she -- or for her to call him (5) directly. (6) Q. Since it says, "Per Cassidy, (7) Spollen and Slevin refer inquiry to Mike (8) Block," did you speak with each of these (9) individuals, did you call?(10) A. I probably went upstairs to their(11) office and just said, by the way, I've gotten(12) an inquiry about this subject.(13) Q. Do you remember having specific(14) conversations with Mr. Cassidy about the(15) subject?(16) A. No, but my note says -- if I(17) have -- if I have three of them together, that(18) means they probably were all in the same room(19) when I posed the issue.(20) And then, again, "Refer inquiry to(21) Mike Block," but then my next notation there(22) says, "Also, Cassidy does call with Kevin(23) Gallagher and Gorman on subject."(24) I don't know if I was present for(25) that call. I don't know if he was going to

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(2) call him or if he had already called him. I (3) don't know. (4) Q. Do you know whether or not that (5) call ever took place? (6) A. I don't have details on it. (7) Q. Meeting with the various people (8) from the UFA, do you recall ever specifically (9) discussing if Mr. Suson was the official(10) photographer for the UFA?(11) A. I think everyone involved stated(12) quite clearly that they had no knowledge of(13) him.(14) Q. Do you note anything else on your(15) calendar here from August 29th that might refer(16) to Gary Suson or press inquiries --(17) A. Correction, August 30th.(18) Q. This first page here. It has a(19) title at the top of August 29th. Sorry.(20) A. Wednesday, August 31st there's a(21) notation at about 5:30 p.m., so that indicates(22) it was at the end of the day which is(23) considered news deadline. It says, "Stephanie(24) Gaskell calls from Post on Ground Zero(25) photographer." No other notes beyond that.

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(2) Q. Do you recall whether or not you (3) spoke with Ms. Gaskell? (4) A. I don't know if it was a message (5) left at my office, a voicemail left at my (6) office or if I picked up the phone and spoke to (7) her anyway -- or spoke to her directly, excuse (8) me. (9) Q. It's fair to say you wouldn't know(10) the nature of the conversation if you don't(11) recall whether you had it?(12) A. No, no. And I don't think I see(13) any other notations for this week and there(14) were none other beyond this point.(15) Q. This second page, was that included(16) because there were specific references?(17) A. It was the remainder of the week.(18) Q. Do you know whether or not there's(19) anything on these pages that relate to(20) Mr. Suson?(21) A. No, there is nothing more.(22) MR. CONTI: Why don't we take a(23) short break. We've been going for a(24) little while.(25) (Recess taken.)




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(2) Q. I'm not sure if you ever (3) specifically answered. Do you recall if you (4) ever had a telephone conversation with (5) Mr. Suson at all? (6) A. No, I don't think I ever had a (7) conversation with him. That would have been (8) two parties on the call versus him leaving -- I (9) think he did leave a message for me. Either(10) that or it was just an e-mail.(11) Q. Do you remember if it was multiple(12) e-mails or?(13) A. You know, I don't know. I don't(14) recollect.(15) Q. Do you know if Gary Suson had(16) access to Ground Zero at the time of the rescue(17) and recovery effort in 2001, 2002?(18) A. I would have no way to know that.(19) Q. Let me show you a document that's(20) been marked as Exhibit 11.(21) A. Okay. I've seen this letter(22) before.(23) Q. That was my first question. Do you(24) recall when you saw that document? The(25) document is an April 15, 2002 letter with Peter

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(2) Gorman and Kevin E. Gallagher. (3) A. I would assume it was in the days (4) following. It would have been the early part (5) of the week of August 29th/30th. (6) MR. LEFKOWITZ: You're talking (7) 2005. (8) THE WITNESS: Yes, 2005. (9) MR. LEFKOWITZ: Because you're(10) looking at your calendar.(11) THE WITNESS: I'm looking at my(12) calendar, yeah, right.(13) Q. Do you recall if you ever spoke to(14) anyone about this letter?(15) A. Yeah, I think this was something(16) that we may have -- they have may have had when(17) I spoke to possibly Mr. Cassidy, Mr. Spollen(18) and Mr. Slevin on August 30th.(19) Q. Do you recall who showed you the(20) letter?(21) A. No, it would have been -- you know,(22) it would have been one of them. It could have(23) been Mr. Cassidy's secretary. I don't know.(24) Q. Did you personally procure a copy(25) of the letter or did somebody show it to you?

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(2) A. No, I saw it. Somebody had it, (3) yeah. I don't have a copy. Otherwise I would (4) have it in my files. (5) Q. You mentioned Mr. Gorman before. (6) Who is Mr. Gorman? (7) A. Peter Gorman is the former (8) president of the Uniformed Fire Officers (9) Association. He was president on April 15,(10) 2002 when this letter was written.(11) Q. You see that his name is on the(12) bottom left-hand corner?(13) A. Yeah.(14) Q. Do you know if you ever spoke to(15) Mr. Gorman about this letter?(16) A. No, I don't recall.(17) Q. You see Mr. Gallagher's name on the(18) right-hand side?(19) A. Yes.(20) Q. Did you ever speak to Mr. Gallagher(21) about this letter?(22) A. I don't recall if I did.(23) Q. Do you recall seeing this letter in(24) 2002?(25) A. No. This is not something that

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(2) would have ever come to my desk. There would (3) have been no need for something like this to (4) come to me. (5) Q. Do you know a man name Rudy (6) Sanfilippo? (7) A. Yes, I do. (8) Q. Who is he? (9) A. Mr. Sanfilippo was the Queens(10) Trustee of the Uniformed Firefighters(11) Association.(12) MR. AXELROD: Just if I can correct(13) him, it was Manhattan.(14) A. I'm sorry, he was the Manhattan(15) trustee. He lived in Queens.(16) Q. Did you ever work with(17) Mr. Sanfilippo?(18) A. Oh, sure.(19) Q. Did you have a good working(20) relationship with him?(21) A. I don't know if anyone could. He(22) was an all right guy.(23) Q. What do you mean by that?(24) A. You know, he didn't try to get(25) along with people.


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(2) Q. Did he not get along with other (3) members of the board? (4) A. I don't know. I don't know about (5) board relationships, but I only know my (6) dealings with people. (7) Q. And as far as you're concerned, he (8) was difficult to get along with; is that (9) correct?(10) A. You know, it wasn't easy.(11) Q. Did you ever have any kind of(12) actual dispute with him about a concrete issue(13) that caused the problem?(14) A. No. It wasn't a problem, no, not(15) that I know of.(16) Q. Do you know if Mr. Sanfilippo had(17) any problems specifically with Mr. Cassidy?(18) A. That would be between them.(19) Q. Do you know if -- did Rudy(20) Sanfilippo ever talk to you about the need to(21) have a photographer at Ground Zero on behalf of(22) the union?(23) A. No. Board members would never have(24) talked to me about that not unless they wanted(25) to get a freelance photographer cover an event

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(2) that they were doing and they were asking for a (3) recommendation. (4) Q. Did you ever discuss Exhibit 11 (5) with Mr. Sanfilippo? (6) A. Not that I'm ever aware of, no. (7) Q. In the third paragraph down, it (8) states, "In the event that Mr. Suson receives (9) any proceeds for the sale or publication of(10) these photographs, he's made arrangements to(11) share his earnings with the Widows and(12) Childrens Fund that we administer on behalf of(13) families of firefighters and fire officers lost(14) in the line of duty."(15) Are you familiar with any kind of(16) arrangement that might have been present(17) between the UFA and Mr. Suson?(18) A. Again, my job is public relations.(19) That wouldn't have anything to do with my(20) capacity with the UFA.(21) Q. You stated before, and I'll ask you(22) again, was Gary Suson the official photographer(23) at Ground Zero for the UFA?(24) A. I have no knowledge of him being(25) such.

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(2) Q. Do you know if the UFA ever had an (3) official photographer? (4) A. No, the UFA never had an official (5) photographer in the time period that I've (6) worked with them. The only photographers we've (7) used is if we've ever had to hire a freelance (8) photographer to cover a press conference or an (9) event. Those are the only times.(10) Q. I'm going to show you an exhibit(11) that's been marked as 24. Take a look at that(12) document.(13) A. (Reviewing.)(14) Q. Have you ever seen this document(15) before?(16) A. This is an interesting document,(17) so --(18) + MR. LEFKOWITZ: Object and move(19) to strike.(20) A. Mr. Axelrod showed it to me this(21) morning.(22) Q. Had you ever seen it prior to this(23) morning?(24) A. No, sir, I did not.(25) Q. Let he show you quickly, before we

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(2) turn to that document, another document that's (3) been marked as Exhibit 150. (4) Do you see on the first page it (5) seems to be a fax cover? (6) A. That's right. (7) Q. It says "To Mike Block from Tom (8) Butler"? (9) A. That's correct.(10) Q. Do you recall whether or not you(11) sent this fax?(12) A. That's my handwriting on the cover(13) sheet.(14) Q. And is there a date there on the(15) cover sheet?(16) A. August 29, 2005.(17) Q. Put that one aside and go back to(18) Exhibit 24, if you would.(19) A. 24 is the one-page letter, correct?(20) Q. Yes. The one-page letter dated(21) August 28, 2005 memo to Kugler, Associated(22) Press AP?(23) A. Yes, sir.(24) Q. The first time you saw it was this(25) morning; is that correct?




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(2) A. That's correct. That's my (3) recollection. (4) Q. In the first paragraph -- this is (5) the letter, by the way, written by Gary Suson (6) or at least signed by Gary Suson. His name (7) appears on the bottom. It notes that he is "In (8) responding to union spokesperson Tom Butler's (9) unwarranted and horrible claims this morning to(10) your office that I was not the official(11) photographer at Ground Zero for the Uniformed(12) Firefighters Association."(13) Did you have a conversation with(14) the Associated Press on August 28, 2005?(15) A. That would have been the Sunday;(16) correct?(17) Q. I believe that's correct, yes.(18) A. If that is the day the story(19) crossed the Google news alert service, I would(20) have contacted the Associated Press to question(21) a story regarding a client of mine without ever(22) reaching out to the union.(23) Q. Do you recall whether or not you(24) had a conversation with Ms. Kugler on that day?(25) A. I don't know if I spoke to her or

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(2) somebody else at the AP. I have no notations (3) for that date. (4) Q. Do you recall contacting someone at (5) the AP? (6) A. Yes, I did call the AP. (7) Q. Do you recall the nature of your (8) conversation with whomever you called at the (9) AP?(10) A. Sure. I alerted them to a story(11) that they were running and inquiring as to whom(12) they spoke to at the Uniformed Firefighters(13) Association since no one had contacted my(14) office and, to my knowledge, had contacted the(15) president's office.(16) Q. Do you remember what the response(17) was?(18) A. I think they wanted to get back to(19) me.(20) Q. Do you recall whether or not you(21) spoke to them again that day, meaning August(22) 28th?(23) A. Perhaps, but I don't know the(24) answer to that.(25) Q. Was it a short conversation with

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(2) the AP, did you get into details at all? (3) A. You know, I don't know. What I (4) would have indicated was that I don't have any (5) knowledge of such a person and that I don't (6) have any knowledge of the union even having an (7) official photographer. And that, you know, in (8) my time period there, dating back to 1996, we (9) have not had one. So of course, we wanted some(10) information from them as to their sources.(11) Q. You would have relayed this(12) information to the person at the AP?(13) A. Well, that would have been the(14) purpose of my inquiry at the AP.(15) Q. Had you ever -- do you remember if(16) it was someone you had ever spoken to at the AP(17) before?(18) A. You know, I don't know. We -- you(19) know, we get calls from the Associated Press(20) all the time. They're a very large news(21) service.(22) Q. Okay. If we go back to Exhibit(23) 150, again, that's the fax you said had your(24) handwriting on the front?(25) A. Yes, and by the way, time stamped

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(2) 9:34 a.m. (3) Q. And is there a date on there, on (4) the fax trailer? (5) A. 8:29, August 29, 2005. (6) Q. If you go to the second page. (7) A. Okay. (8) Q. It appears to be an article (9) entitled "Anne Frank's House Inspires 9/11(10) Museum." Take a quick look at that article,(11) which is the next three pages.(12) A. (Reviewing.)(13) Okay.(14) Q. Have you ever seen this article(15) before?(16) A. Obviously, this is the article in(17) question.(18) Q. This is the AP article regarding(19) Gary Suson?(20) A. Yes, sir.(21) Q. Is there anything specifically in(22) this article that caused you to contact the AP?(23) A. Paragraph 2, where it says, "The(24) official Ground Zero photographer for the(25) Uniformed Firefighters Association, the City's


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(2) main union." (3) Q. So, the statement in the article (4) that talked about Gary Suson being described as (5) the official Ground Zero photographer for the (6) UFA, is that the statement that caused you to (7) call the AP? (8) A. Yes. They never fact-checked that (9) with the union, which is typically something(10) that most journalists would do.(11) Q. When you read it at the time, did(12) you believe that statement to be false?(13) A. I did not know who Mr. Suson was(14) and I know that the union has never had an(15) official photographer in my time period while I(16) was there.(17) Q. As a result did you believe that(18) the statement was false when you read it?(19) A. I believed it to be inaccurate.(20) Q. Do you know if you ever spoke with(21) the writer who's listed in this article?(22) A. They don't list the writer and(23) that's -- the AP does not often list writers.(24) Q. Does the name Verena Dobnik sound(25) familiar?

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(2) A. She's worked there for many years. (3) I've probably spoken to her hundreds of times (4) over the years. (5) Q. Do you know if you spoke to someone (6) at the UFA before contacting the AP? (7) A. No, I don't recall. (8) Q. Back to Exhibit 24, if you would, (9) for a minute. It's a statement "In 2002(10) Mr. Butler -- "In 2002 Mr. Butler met me at(11) Ground Zero and was curious whom I was shooting(12) on behalf for. When he found out it was for(13) the very union he worked for and furthermore(14) that Rudy Sanfilippo authorized me to be there,(15) he became quite irate. Mr. Butler had some(16) personal issues with Mr. Sanfilippo and, as a(17) result, I was caught in the middle.(18) Mr. Sanfilippo won the debate and I carried on(19) with my duties."(20) Do you know what Mr. Suson is(21) talking about here?(22) A. I do not and I do not ever recall(23) meeting Mr. Suson and -- I don't remember ever(24) meeting a photographer and asking them who(25) they're shooting for because I would have --

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(2) the only time I would ever ask a photographer (3) or a cameraman or a reporter who they were (4) shooting for is if they were covering one of my (5) press conferences, and we welcome press (6) coverage, in fact. (7) And I would say, "Who are you (8) shooting for so" that I could simply write it (9) down and notify the client. We have coverage(10) from the New York Times, from the Daily News,(11) from Fox News and that would be the only reason(12) I would ever ask a photographer who they were(13) shooting for.(14) Q. So, you have no knowledge of the(15) incident described in the first paragraph?(16) A. No, I do not, no.(17) Q. In the first paragraph Mr. Suson(18) claims that -- the fact that somebody said to(19) the Associated Press that he was not the(20) official photographer was "simply the(21) by-product of an old war Mr. Butler had with(22) the former Manhattan trustee who put me(23) officially in Ground Zero."(24) Do you have any knowledge of that(25) statement?

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(2) A. No, and let me just clarify, I (3) represent my clients and if I'm retained by the (4) union, I represent their executive board, the (5) president and their executive board. That (6) includes all members of them. I try to (7) maintain good relationships with all my (8) clients. (9) Q. So, did you ever have an old war(10) with Rudy Sanfilippo?(11) A. No, I don't think so.(12) Q. In the third paragraph it states,(13) "Much to Mr. Butler's relief, a few months ago(14) Mr. Sanfilippo was not re-elected as Manhattan(15) trustee which means that Mr. Butler could now(16) make such a slanderous comment as he did this(17) morning."(18) Were you relieved when(19) Mr. Sanfilippo did not get reelected to the(20) board?(21) A. It wouldn't have mattered to my job(22) because in the time I've been there, there have(23) been a lot of UFA representative board members(24) who have come and gone, and you develop working(25) relationships with them and then they return to




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(2) the firehouse whether they choose to, whether (3) they retire, whether they lose an election, so, (4) no. (5) Q. Do you believe you made any (6) slanderous comments to the Associated Press as (7) alleged in the letter? (8) A. I don't believe so. (9) Q. Again, just for the record, I quote(10) another paragraph, fifth paragraph down,(11) "Mr. Butler's outright lie to you this morning(12) is nothing more than a man using his title in(13) the union for personal reasons and vendetta.(14) He doesn't like that he was overstepped in(15) 2001-2002 by a man he hated and now that the(16) man is gone from the scene, he can feel free to(17) say slanderous remarks."(18) Do you have any knowledge of what(19) Mr. Suson is talking about in that paragraph?(20) A. No. I don't know who the man he is(21) referring to. Is he referring to himself? I(22) don't know. I'm unsure there. But no, I have(23) no knowledge of that.(24) Q. In the final paragraph, the first(25) sentence states, "I was the official

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(2) photographer at Ground Zero for the UFA." (3) Do you know if that's an accurate (4) statement? (5) A. It does not seem to be accurate. (6) Q. Let me show you document Exhibit (7) 25. Take a look at that for me. (8) A. (Reviewing.) (9) Okay.(10) Q. Have you ever seen this document(11) before?(12) A. Mr. Axelrod showed it to me this(13) morning.(14) Q. Prior to this morning, do you(15) recall ever seeing this document?(16) A. No, never before.(17) Q. This document appears to be a(18) one-page fax to James Spollen from Gary Marlon(19) Suson. Do you recall whether or not you ever(20) spoke to Mr. Spollen about this fax?(21) A. No, not that I'm aware of.(22) Q. I'm going to read from this(23) particular fax. "If Mr. Butler has any(24) concerns over the legitimacy or purpose of(25) anything I am doing, I would ask that he

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(2) contact me directly as opposed to calling major (3) media to give what can only be deemed as (4) misinformation." (5) Did you contact major media to give (6) misinformation? (7) MR. LEFKOWITZ: Object to the form. (8) Q. You can answer. (9) A. I called the Associated Press on(10) the day stated earlier to inquire as to the(11) source -- as to their source for the story(12) indicating that Mr. Suson would have been the(13) official photographer of the Uniformed(14) Firefighters Association.(15) Q. In this fax he asked that if you(16) had concerns about him, that you contact him(17) directly. Did you ever contact Mr. Suson(18) directly?(19) A. I would have had no method or a way(20) to contact Mr. Suson.(21) Q. And, for the record, the last(22) sentence says, "FYI, I met Mr. Butler once in(23) my life at the transfer station in January of(24) 2002 at Ground Zero."(25) Is that an accurate statement?

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(2) A. That would be highly inaccurate (3) because, first, I don't know what a transfer (4) station is except for a garbage transfer (5) station that would be in any town municipality, (6) and I don't recall ever meeting him and I (7) wouldn't have been in a transfer station, (8) wherever that is. (9) And in January of 2002, I wouldn't(10) have been anywhere near Ground Zero, if that's(11) where it was.(12) Q. Okay. Thank you. I show you(13) another document marked exhibit 152.(14) A. So, obviously, he must be mistaking(15) me for another party.(16) (Reviewing.)(17) Okay.(18) Q. Have you ever seen this document(19) before?(20) THE WITNESS: You didn't show this(21) to me this morning, did you?(22) MR. AXELROD: No.(23) A. No, I didn't see this.(24) Q. This appears to be a forwarded(25) e-mail originally from Mr. Suson to Jim


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(2) Spollen. I'll read from the first paragraph, (3) "If you would be so kind as to ask Mr. Cassidy (4) to call me as soon as possible regarding (5) erroneous and slanderous remarks made yesterday (6) to the Associated Press from Tom Butler." (7) Do you know whether or not you made (8) erroneous and slanderous marks to the AP? (9) A. I'm not aware of making any.(10) Q. The next paragraph says, "AP ran(11) his beautiful story regarding the museum(12) workshop that opens to the public in two weeks(13) and Mr. Butler felt the need to say some(14) disturbing things to the AP on early Sunday(15) morning after he read the story."(16) Do you have any idea what Mr. Suson(17) was referring to in terms of "disturbing(18) things"?(19) A. No. As I stated before, I called(20) the Associated Press to inquire as to the(21) source of a story that quotes Mr. Suson as(22) being official photographer for my client and I(23) have no knowledge of him being such.(24) Q. The next paragraph states, "I was(25) and have been noted as the official

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(2) photographer at Ground Zero for the UFA/UFOA (3) since 2002." (4) Are you aware of Mr. Suson having (5) been noted as the official photographer at (6) Ground Zero? (7) A. No, sir. (8) Q. And again, in your capacity, you (9) review articles and materials that are related(10) to the UFA; is that correct?(11) A. Well, I review press materials so(12) if there are articles that were written about(13) them, yes.(14) Q. But prior to have 2005 you had(15) never seen that Mr. Suson was the official(16) photographer at Ground Zero?(17) A. No, sir, not that I'm aware of.(18) Q. At the end of that third paragraph(19) it states, "Mr. Butler's comment that I am a(20) 'con man' to the AP writer and his inference(21) that I lied about being the official(22) photographer of record has escalated things to(23) a new level."(24) Do you know whether or not you made(25) a comment that Mr. Suson can a con man to the

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(2) AP? (3) A. I'm not aware of that. (4) Q. Did you make an inference that (5) Mr. Suson had lied about being the official (6) photographer to the Associated Press? (7) A. Well, when I asked their source, I (8) would think they would take it as such, since (9) they -- I, you know, I let them know that we do(10) not have an official photographer and I was not(11) aware of who Mr. Suson was and that I had, in(12) fact, represented this client and been the(13) spokesman for this client dating back to 1996.(14) I would think they would get that(15) inference from that without me having to say(16) so.(17) Q. Do you recall whether or not you(18) had anymore contact with the AP after your(19) original call on August 28th and on subsequent(20) days?(21) A. Well, again, I inquired of them,(22) whether or not they contacted me and called me(23) back, I do not recollect. And then there's a(24) notation in Exhibit 186 on Monday, August 29th,(25) that "Fern refers AP reporter to Mr. Block,"

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(2) but I was not in contact with them there as far (3) as I know. (4) Q. Were you aware at any time that the (5) union sent a cease-and-desist letter to (6) Mr. Suson? (7) A. I did hear about that, yes. (8) Q. Did you review that letter? (9) A. No, I did not. That would be(10) something Mr. Block would do.(11) Q. So, you were not involved in the(12) process of writing it?(13) A. No, I wouldn't have been involved(14) in the process.(15) Q. Somebody informed you that such a(16) letter had been sent out?(17) A. Yeah, they let me know. I don't(18) know if it was Mr. Block or someone else.(19) Q. Was that in case there was any(20) press inquiries, is that the reason they would(21) have mentioned it to you?(22) A. I don't know why.(23) Q. Do you know whether or not any(24) subsequent letters went out from Mr. Block to(25) Mr. Suson?




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(2) A. I truly do not know. (3) Q. Do you have any knowledge -- again, (4) you say you don't know whether or not Mr. Suson (5) had access to Ground Zero; is that correct? (6) A. Well, his literature says he did. (7) Q. Right, but do you have any personal (8) information as to whether or not he was at the (9) site?(10) A. Besides his literature and his(11) communication, I would have had no personal(12) knowledge or information. That's not part of(13) my job capacity.(14) Q. You wouldn't have had any knowledge(15) or information then if he were removed from the(16) site at any period of time?(17) A. No, sir.(18) Q. Do you have any idea if the UFA(19) board has ever discussed Gary Suson?(20) A. I wouldn't know. I'm not invited(21) to attend board meetings.(22) Q. Knowing that you don't attend board(23) meetings, do you remember if anybody else had(24) ever told you whether or not he had ever been(25) discussed at a board meeting or that they had

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(2) taken a vote of any kind or taken any action (3) regarding Gary Suson? (4) A. No, they don't discuss with me what (5) occurs at board meetings. (6) Q. Are you aware of any charitable (7) donations that Gary Suson might have made to (8) 9/11-related charities? (9) A. Mr. Axelrod showed me some(10) paperwork this morning that showed copies of a(11) couple of checks.(12) Q. Okay. Do you recall any details as(13) to Mr. Suson's charitable donations?(14) A. I don't. There were a couple of(15) checks I saw that were not in his signature, I(16) think, but they were other people who wrote the(17) checks.(18) Q. Do you know what the UFA Widows and(19) Children's Fund is?(20) A. Yes, I do.(21) Q. Could you just briefly describe(22) what that fund is?(23) A. Sure. The -- the UFA Widows and(24) Children's Fund, it's a not-for-profit(25) organization that seeks to assist the widows

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(2) and the surviving children of firefighters who (3) die in the line of duty. (4) Q. Is the fund still in operation? (5) A. Yes, it is. (6) Q. Are you involved in the charity at (7) all? (8) A. No, I'm not. They do -- they do (9) ask me on occasion to help them out with some(10) media and publicity issues.(11) Q. Do you know if Mr. Suson has made(12) any donations to the UFA Widows and Children(13) Fund?(14) A. Well, I wouldn't have any personal(15) knowledge of that. I'm not involved with that.(16) Q. Do you recall whether or not you(17) ever checked to see whether or not he made any(18) donations, meaning checked with any UFA(19) officials at any point?(20) A. Yeah, there could have been a(21) request, but I don't recall.(22) Q. Were you ever asked to comment for(23) an article in the New York Post in 2005(24) regarding Gary Suson, do you recall?(25) A. Sure. As we said in the notes,

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(2) they called and the calls were referred to (3) Mr. Block. (4) Q. Right. And as we discussed, (5) there's a call on August 30th, there's a (6) notation on your calendar on August 30 from (7) Cynthia Fagan; is that correct? (8) A. That is correct. (9) Q. Had you ever known Cynthia Fagan(10) before?(11) A. Sure, she's been a reporter for(12) many years.(13) Q. Had you spoken with her on prior(14) occasions?(15) A. I would assume so, sure, sure.(16) Q. And, again, you spoke with her on(17) August 30, 2005 about Gary Suson; is that(18) right?(19) A. Well, she called. She called and(20) she made this request and then the request was(21) referred up to Michael Block, the UFA's general(22) counsel.(23) Q. Do you recall if you had more than(24) one conversation with Ms. Fagan on August 30,(25) 2005?


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(2) A. I don't recall. (3) Q. Do you remember whether or not you (4) had any e-mail communications or anything like (5) that with Cynthia Fagan? (6) A. I don't recall. (7) Q. Do you remember whether or not you (8) provided Ms. Fagan any documents at any time? (9) A. I would assume that Mr. Block, if(10) anything, would have provided her with(11) information and documents, if he was doing so.(12) MR. LEFKOWITZ: Object and move to(13) strike as nonresponsive. The question(14) was did you give her any documents.(15) A. Oh, I'm not aware of doing so.(16) Q. Do you know if Ms. Fagan showed you(17) any documents or asked you to review any(18) document?(19) A. I don't think I saw Ms. Fagan.(20) Q. I'm sorry. Did Ms. Fagan give you(21) any documents, send them to you at any point in(22) time?(23) A. I really don't know. I had nothing(24) in my files that I would have seen.(25) Q. Do you recall -- just to get your

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(2) testimony clear, do you recall whether or not (3) you told Ms. Fagan to contact Mr. Block? (4) A. I don't know if I told Mr. Block to (5) contact Ms. Fagan or if I asked Ms. Fagan to (6) call Mr. Block. (7) Q. When you were speaking with (8) Ms. Fagan, you were doing so on behalf of the (9) UFA; is that right?(10) A. That's correct.(11) Q. Do you have any recollection(12) whether or not Cynthia Fagan asked you about(13) Mr. Suson's charitable giving?(14) A. I don't recollect.(15) Q. Do you remember -- going back to(16) Exhibit 150, do you remember speaking with(17) Mr. Block on or about August 29, 2005, about(18) Mr. Suson in any detail?(19) A. No, I think it was sort of sending(20) him facts and any information we had and then(21) just, you know -- and he was going to take it(22) from there.(23) Q. And again, you called Mr. Block on(24) that morning?(25) A. I don't know if I called Mr. Block

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(2) or if somebody else at the UFA called Mr. Block (3) and said, you know, this is -- this is (4) something for you to deal with. (5) Q. The notation in your calendar (6) here -- (7) A. Right, but I don't know who the (8) initial call was to Mr. Block. (9) Q. At some point you spoke with(10) Mr. Block?(11) A. Right. Mr. Block does not report(12) to me, so it's not of my authority to give him(13) direction.(14) Q. But the motivating factor for your(15) conversation with Mr. Block was the AP story(16) from over the weekend; is that correct?(17) A. Yes, that's correct.(18) Q. Do you recall at the time if(19) Mr. Block had ever heard of Mr. Suson at the(20) time you called?(21) A. I'm not aware.(22) Q. Do you have any memory as to how(23) many times you might have spoken with Mr. Block(24) about Mr. Suson?(25) A. I don't know. I don't know.

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(2) Q. Did you ever mention that you might (3) share the contents of your conversation with (4) Mr. Block with a Post reporter or any other (5) reporters? (6) A. Could you repeat that question? (7) Q. Do you recall whether you spoke (8) with Mr. Block about the fact that you might (9) share the contents of your conversation with(10) Mr. Block with any reporters or any people from(11) the New York Post?(12) A. I'm sorry. I'm not comprehending(13) the question.(14) Q. During your conversation with(15) Mr. Block, did you ever discuss whether or not(16) your conversation would then be relayed to any(17) reporters?(18) A. Well, he was -- he was supposed to(19) be the communication source.(20) Q. So, you don't recall whether or(21) not, after speaking with him, you spoke with(22) other members of the New York Post or other(23) reporters?(24) A. Well, I do have a notation here(25) that on August 31st towards the end of the day




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(2) that Stephanie Gaskell called, but I don't have (3) any details on that. (4) Q. Going back to Exhibit 150. Do you (5) recall whether or not you sent this document (6) before or after you spoke with Mr. Block? (7) A. No, I did not. This is date (8) stamped at 9:34 a.m. (9) Q. Do you recall why you sent these(10) particular materials to Mr. Block?(11) A. Well, sure. This was a matter(12) involving our client and there was now a threat(13) here and once that -- something raises to that(14) level, it's no longer in my court. It's now(15) something for Mr. Block to address.(16) Q. Could you describe what you mean by(17) the word "threat"?(18) A. Well, you know, there was this(19) e-mail of Sunday, August 28, 2005.(20) Q. And the e-mail that you're(21) referring to is five pages into this Exhibit(22) 150?(23) A. Five, yes, five pages.(24) Q. Had you -- do you recall seeing(25) this e-mail before? It's dated August 28, at

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(2) 11:58 a.m. from Mr. Suson to a (3) [email protected]. (4) A. Yes, that's my e-mail address. (5) Q. Do you recall receiving that e-mail (6) at the time? (7) A. I do recall receiving it, yes. (8) Q. Do you remember reading it at the (9) time you received it?(10) A. I do.(11) Q. And --(12) A. Now, I don't know when I received(13) it, that night, the next morning.(14) Q. The first sentence says "Although(15) my lawyers will handle it from here."(16) Did you ever hear from any lawyers(17) representing or affiliated with Mr. Suson?(18) A. Not that I'm aware of, but at that(19) point, that's when I immediately referred it(20) all to Mr. Block for his -- for his oversight.(21) Q. In that first sentence he also(22) mentions "unmerited slander of me to the(23) Associated Press this morning."(24) Did you know what he meant when you(25) read it at the time?

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(2) A. What sentence are you talking (3) about? (4) Q. The first sentence you see -- I'll (5) read the full sentence. "Although my lawyers (6) will handle it from here, I wish to advise you (7) that you are pushing things to the edge with (8) your unmerited slander of me to the Associated (9) Press this morning."(10) Did you know what he was talking(11) about by "unmerited slander" when you read that(12) on August 28th?(13) A. No, but again, as we said before, I(14) outreached to the Associated Press to question(15) how they could have run a story without(16) checking first with the union.(17) Q. Again, the second sentence where he(18) says that you told the AP he was a "con(19) artist," you're not familiar with what he's(20) referring to?(21) A. No, I'm not.(22) Q. About midway down it says, the(23) paragraph starts "I was placed in Ground Zero(24) by the UFA and have written documentation to(25) that fact from the Uniformed Firefighters

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(2) Association. I have been carrying the title of (3) official photographer at Ground Zero for the (4) Uniformed Firefighters Association for three (5) years and no one has ever voiced a grievance (6) until you." (7) Did you know -- were you surprised (8) that he may have been using the title "official (9) photographer" when you read that in 2005?(10) A. Was I surprised that --(11) Q. Did you know that he had been using(12) that title?(13) A. Well, it wouldn't have been(14) something that came to my level. Again, it(15) wasn't something that I would deal with.(16) Q. But you weren't familiar with him(17) having used that title?(18) A. No, sir, I was not. That's(19) correct.(20) Q. Towards the bottom of the document(21) in the last paragraph it says, "If you persist(22) in slandering me and spreading this(23) information, I will sue you personally for(24) slander without hesitation."(25) Were you ever sued personally by


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(2) Mr. Suson? (3) A. No, sir. (4) Q. Later on in that paragraph it says, (5) "You phoned Associated Press this morning and (6) told an outright lie and you should be ashamed (7) of this." (8) Do you know what he's referring to? (9) A. Yes. When the story popped up on(10) my computer identifying that one of my(11) clients -- there was a story about one of my(12) clients, I contacted the Associated Press. I(13) questioned how the Associated Press -- who was(14) the source of the Associated Press story and,(15) you know, how come they did not contact the(16) union to authenticate.(17) Q. Did you speak with Mr. Block about(18) this e-mail?(19) A. Oh, yes, I referred this to(20) Mr. Block.(21) Q. Do you remember the substance of(22) your conversation with Mr. Block at all(23) regarding this e-mail?(24) A. I would assume it's basically, hey,(25) Mike, it's out of my hands, you have to deal

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(2) with this now. (3) Q. Did you perceive it as a threat (4) when you received the e-mail? (5) A. I think you had to, yeah. (6) Q. After this e-mail there's a (7) one-page document. It's from August 28, 2005, (8) from Mr. Suson to tbutler@butlerassociates and (9) it says "memo response."(10) A. I'm sorry, which page is this?(11) Q. It's after the two-page e-mail. It(12) says at the top "Main identity," and at the(13) bottom, it's fax -- it's trailer page 7 of 12.(14) A. Okay.(15) Q. It's an e-mail dated August 28,(16) 2005, from Mr. Suson to you and it says "Memo(17) response to the AP New York, New York."(18) Do you recall receiving this(19) e-mail?(20) A. I don't recall receiving it. This(21) one didn't hit on my radar screen like the(22) first one did. But no, I didn't, and also I(23) don't know when I was checking my e-mails(24) whether it was later that night or the(25) following day.

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(2) Q. Do you know if there was any (3) attachment or anything associated with this (4) document? (5) A. No, I'm not aware. I'm not aware. (6) Q. The next page after this document, (7) the fax trailer 8 of 12 appears to be three (8) checks. Do you recall why you sent these (9) checks to Mr. Block?(10) A. No, I'm not aware -- they may have(11) just been provided to me, so I gave it to him.(12) Q. Do you know where that came from?(13) A. Well, it would have come from the(14) firefighters union, the Widows and Children's(15) Fund.(16) Q. Do you recall speaking to anybody(17) specifically who would have received these(18) checks?(19) A. Well, it would have been the(20) bookkeeper or the controller of the fund. If I(21) had -- I would have got it from them or I would(22) have gotten it possibly from Mr. Spollen.(23) Q. Do you have any specific knowledge(24) as to who you might have gotten these checks(25) from?

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(2) A. No, I don't, sorry. (3) Q. The next page is a one-page article (4) "From a camera at Ground Zero, rare photos of (5) an agonizing dig." (6) A. What newspaper did this appear in? (7) Q. For the record, I believe it's the (8) New York Times. Do you recall where this (9) article came from?(10) A. No, I don't.(11) Q. Do you remember whether or not you(12) had seen it when it was originally published?(13) A. I don't recall. I truly don't. I(14) recall the photograph. I recall the(15) photograph. I recall seeing the photograph,(16) whether here or elsewhere, but I don't recall(17) the story.(18) Q. And then the next page, the next(19) three pages appear to be a printout from the(20) Ground Zero Museum workshop. Do you know if(21) those are the same pages as in Exhibit 186, the(22) last three pages of 186, they appear to be the(23) same, would you say that is correct?(24) A. Yes, I think they are exactly the(25) same.




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(2) Q. Do you recall when you would have (3) printed these pages out? (4) A. That would have been Monday, August (5) 29th, most likely. (6) Q. Do you remember why you sent these (7) pages to Mr. Block? (8) A. Well, just for research purposes, (9) for background purposes. One of my jobs is to,(10) you know, to provide the client with as much(11) information on a subject that they have to(12) respond to.(13) Q. And, again, the 12-page fax here in(14) Exhibit 150, was that the documentation that(15) you had regarding Mr. Suson?(16) A. Yes, this must have been all I had,(17) yeah.(18) Q. Do you recall whether or not there(19) was anything in the history section, those last(20) three pages, that caused you to include this or(21) caused you concern?(22) A. No, but -- well, the website is --(23) the website is focused on the role of the(24) Uniformed Firefighters Association so that's(25) why I included it all.

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(2) Q. Towards the top, it says "Suson" -- (3) strike that. Suson "stepped away from his (4) theatrical career after he was offered the role (5) of a lifetime, to be official photograph at (6) Ground Zero for the Uniformed Firefighters (7) Association, FDNY. Wanting to contribute in (8) any way he could, he began shooting on the (9) morning of 9/11 and was appointed official(10) photographer in November of 2001."(11) Again, did you have any knowledge(12) at that time that he was the official(13) photographer for the UFA?(14) A. No, sir, I did not.(15) Q. Have you learned anything since(16) that date to indicate to you that he was the(17) UFA official photographer?(18) A. No, sir.(19) Q. Do you have any knowledge that he(20) was appointed official photographer in November(21) of 2001?(22) A. No, sir. November of 2001, your(23) question was?(24) Q. Yes.(25) A. No, sir.

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(2) Q. That's what's stated in the history (3) section. (4) A. Okay. (5) Q. Have you ever spoken with Murray (6) Weiss before? (7) A. Oh, sure. (8) Q. Do you recall whether or not you (9) ever spoke with him about this particular(10) article?(11) A. I have no notations about it so I(12) don't recollect.(13) Q. And, again, Stephanie Gaskell(14) appears in one of your notations?(15) A. Yes, on Wednesday -- later in the(16) day on Wednesday, August 31st.(17) Q. And again, you have no specific(18) knowledge as to what you might have discussed(19) with her on that particular day?(20) A. No, Stephanie used to call very(21) frequently at deadline for a whole variety of(22) stories that she could have been working on.(23) Q. So, it's fair to say you had(24) frequent contact with Stephanie Gaskell?(25) A. She would call us frequently to try

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(2) to get information or comment on stories. (3) Q. I'm going to show you a document (4) marked as Exhibit 100. I ask you to review the (5) article in the middle of the page. "9/11 Cam (6) Scam" is the title. (7) A. (Reviewing.) (8) Yes, sir. (9) Q. Do you recognize this article?(10) A. Sure. I remember reading it in the(11) Post.(12) Q. Do you remember reading it on the(13) day that it was published, which is August 31,(14) 2005?(15) A. I'm sure I did. I'm sure that's(16) when I did.(17) Q. Do you know if you provided any of(18) the information that's contained in the(19) article?(20) A. Well, I'm assuming that Mr. Block(21) did.(22) Q. Do you remember if you specifically(23) provided any of the information?(24) A. No, I'm not aware of that. Later(25) on in the article it talks about there was no


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(2) such title and it mentions -- it mentioned a (3) letter here. "FDNY union officials are (4) preparing to send a letter." (5) Mr. Block would have been preparing (6) to send a letter. (7) Q. I'm going to read to you in the (8) first paragraph, "A Manhattan photographer is (9) improperly billing himself as the 'official(10) photographer' for the firefighters union."(11) Do you know if that statement is(12) accurate?(13) A. Well, in my 11 years working with(14) the union, we've never had an official(15) photographer. Again, the only time we've used(16) photographers is as freelancers to photograph a(17) single press conference.(18) Q. To your knowledge, was that(19) statement accurate at the time it was(20) published?(21) A. It does not seem to be accurate.(22) Well, can you rephrase your question?(23) Q. Sure. The story states, "A(24) Manhattan photographer is improperly billing(25) himself as the 'official photographer' for the

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(2) firefighters union." (3) I'm asking whether or not that (4) statement is accurate? (5) A. It seems that the Post report on (6) that is accurate. (7) Q. Later on in the article it states (8) in the third column, "Meanwhile, FDNY union (9) officials are preparing to send a letter to(10) Suson demanding he stop claiming he worked as(11) their official photographer."(12) That's the letter that you inferred(13) Mr. Block would be writing?(14) A. That's right.(15) Q. Do you know if that letter did, in(16) fact, go out?(17) A. I think -- did you show it to me(18) before?(19) Q. I haven't shown it to you before.(20) A. Okay. Maybe Mr. Axelrod showed it(21) to me earlier.(22) Q. Did you know at the time of the(23) article that such a letter was going to be(24) going out?(25) A. I don't know. I don't recall.

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(2) Q. Further down in that same column, (3) it says, "Current union officials in the FDNY (4) said there was no such title, but one ex-union (5) official told the Post that Suson was given (6) it." (7) Do you know if that statement is (8) accurate? (9) A. Well, currently the officials said(10) there was no such title. There has never been(11) such a title. I can't say what another person(12) says. There's been no such title.(13) Q. And the second part states, "One(14) ex-union official told the Post that Suson was(15) given it."(16) Do you have any knowledge about(17) that statement?(18) A. Well, I think you talked about that(19) before.(20) Q. Meaning Mr. Sanfilippo?(21) A. Yes.(22) Q. At the time that this article was(23) published, did you know that it Mr. Sanfilippo(24) was who was being referenced in that paragraph?(25) A. Well, I'm assuming that's who.

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(2) Q. I'm asking at the time you read the (3) article, do you know whether or not you were (4) knowledgeable about it having been (5) Mr. Sanfilippo? (6) A. I don't recollect. (7) Q. The next paragraph says, "Current (8) union officials and the FDNY also charge Suson (9) with not honoring his pledge to donate(10) thousands of dollars in proceeds from his 9/11(11) artwork."(12) Do you know anything about that(13) statement, the accuracy of that statement?(14) A. I don't know about that, but(15) that -- I don't know if that refers back to the(16) last exhibit you showed me, which is 150, which(17) shows several checks.(18) Q. Right. Do you recall whether or(19) not you had any discussions with people about(20) Mr. Suson's agreement to provide charitable(21) donations?(22) A. I wouldn't have been familiar with(23) any agreements. I don't get involved with the(24) union's charities in that way.(25) Q. But at some point you did procure




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(2) three checks and send those to Mr. Block; (3) correct? (4) A. Or copies, I'm sure copies of the (5) checks. (6) Q. So at some point you inquired to (7) someone about the level of giving that (8) Mr. Suson had? (9) A. Whether I inquired or whether they(10) gave it to me, I don't know.(11) Q. Do you recall whether or not those(12) checks were the sum total of what they were(13) able to produce?(14) A. I would really have no way of(15) knowing, yeah.(16) Q. You don't remember the details in(17) terms of how you came about getting those(18) checks; right?(19) A. No, but it would have either been(20) from one of the, you know, from the(21) accounting -- the accounting people who worked(22) with the fund who were on the fifth floor at(23) the headquarters or through one of the -- maybe(24) Mr. Spollen or someone else. I'm not sure.(25) Q. I'm going to show you what's been

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(2) marked as Exhibit 102. Take a quick glance at (3) the article. On the right-hand side of the (4) page, it says, "Second Hit at 9/11 Photog." (5) A. (Reviewing.) (6) Q. Do you recognize that article? (7) A. I'm less familiar with it. (8) Q. Do you know whether or not you (9) reviewed it before today?(10) A. I don't remember. I'm sure I may(11) have seen it on the day it came out, but again,(12) I don't really remember the article. It's(13) basically third-parties responding, meaning(14) family members of 9/11 victims.(15) Q. Do you know whether or not you(16) provided any of the information in the article?(17) A. I'm not familiar -- it doesn't look(18) like there's any information that would have(19) come from the union here. There's no(20) information that looks like it would have come(21) from Mr. Block or the union.(22) Q. Your calendar stated that on August(23) 31, 2005, Stephanie Gaskell had called you?(24) A. That's accurate, that's correct.(25) Q. You have no recollection whether

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(2) you spoke with her though? (3) A. No. (4) Q. Do you remember whether or not it (5) was a message or any kind of indication that (6) she was working on this particular story? (7) A. I don't know whether she left a (8) message with an administrative assistant, on a (9) voicemail or if she left a message with me(10) personally. I don't know.(11) Q. I'm going to show you Exhibit 103.(12) If you would take a look at the article in the(13) middle of the page regarding Mr. Suson.(14) A. (Reviewing.)(15) Okay.(16) Q. Do you recognize this article?(17) A. I don't recognize it.(18) Q. Do you have any memory of whether(19) or not you reviewed it before today?(20) A. I'm sure I read it. Again, I read(21) the clips every morning.(22) Q. Do you recall any -- were you(23) ever -- were you at the press conference that's(24) mentioned in this particular article?(25) A. No, sir.

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(2) Q. Do you know whether or not you (3) provided any information in this particular (4) article? (5) A. No, sir. It doesn't look to me (6) that Mr. Block or anything from the union is in (7) here except for regurgitating what was in (8) previous articles. (9) Q. Correct. I'm going to read from(10) the third column, it says "He," meaning(11) Mr. Suson, "claimed that he was the 'official'(12) FDNY union photographer during the cleanup(13) effort. FDNY officials dispute that claim,(14) however, saying Suson was never given any(15) official duties.(16) To your knowledge, is that(17) statement accurate?(18) A. Well, I think the statement you(19) just read was FDNY officials. That would mean(20) the commissioner's office.(21) Q. This statement actually says FDNY(22) union photographer, yeah, it says FDNY(23) officials in this article.(24) A. "Officials dispute," that would(25) mean Metrotech, which is the commissioner and


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(2) Francis Gribbon (phonetic) who is the (3) spokesman. (4) Q. As to union officials, would the (5) statement be correct as to union officials? (6) A. This is the third column? (7) Q. Full paragraph, first full (8) paragraph in the third column. (9) A. Again, as I said, you know, again,(10) the union in my time with -- in my time with(11) the union we've never had an official(12) photographer as far as I'm aware.(13) Q. Do you know that Mr. Cassidy(14) disputed Mr. Suson's title as official(15) photographer at Ground Zero for the UFA?(16) A. He's not in the story.(17) Q. I understand that. I'm wondering(18) whether or not you, in your discussions with(19) Mr. Cassidy, came to an understanding that(20) Mr. Cassidy disagreed with --(21) A. Mr. Cassidy was not the president(22) of the union at the time of the 9/11 attack and(23) the aftermath.(24) Q. But as of 2005 when the articles(25) came out, was it your understanding that

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(2) Mr. Cassidy believed that there had never be an (3) official photographer at Ground Zero? (4) A. That is my understanding, yes. (5) Q. Did you have any discussions with (6) him about that, that you recall? (7) A. Yes, I did, yeah. (8) Q. I'll show you one final article (9) from the New York Post which is Exhibit 106. I(10) ask you to read the article at the bottom "9/11(11) Charity Big Busted."(12) A. (Reviewing.)(13) Okay.(14) Q. Have you ever seen this article(15) before?(16) A. I don't recall if I have.(17) Q. Do you know whether or not --(18) A. You asked me the name earlier and I(19) didn't recognize it at the time.(20) Q. Do you remember whether or not you(21) reviewed it at the time it was published?(22) A. I'm sure I read the clips.(23) Q. The very last sentence of the(24) article says, "Leaders of the union say Suson(25) is not its photographer."

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(2) Do you know that to be an accurate (3) statement? (4) A. Do I know that to be an accurate (5) statement? (6) Q. Yes. (7) A. Yeah. We've never had an official (8) photographer as far as I've been made aware. (9) Q. Are you familiar at all with one of(10) the subjects of this article Michael Bologne?(11) A. No, I'm not. I remember the story.(12) Q. In the process of all of these four(13) Post articles, do you recall whether or not you(14) gave any information to Cynthia Fagan other(15) than telling her to call Mr. Block?(16) A. Yeah, I'm not aware of giving her(17) any information, but I do recall telling her(18) she's got to speak to Michael.(19) Q. Do you not recall one way or the(20) other if you gave her additional information?(21) A. I don't recall.(22) Q. I show you a document we'll have(23) marked as Exhibit 187.(24) (Exhibit 187, e-mail from the(25) Ground Zero Museum, marked for

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(2) identification.) (3) Q. I ask you to review that document. (4) A. (Reviewing.) (5) Okay. (6) Q. Do you recall ever seeing this (7) e-mail before? (8) A. I don't recollect it. (9) Q. Do you remember if you ever read(10) the e-mail before?(11) A. I don't know if I did, let me look(12) at the e-mail again.(13) Q. For the record, it's an e-mail,(14) subject "Meeting," from the Ground Zero Museum(15) to [email protected].(16) A. That is my e-mail address, but I do(17) not recollect reading it or seeing it, but(18) again, I get a large volume of e-mail every(19) day.(20) Q. The first paragraph states "Widows(21) and Children's Fund is but only one of many(22) charities and it is imperative that we are all(23) on the same page so another fiasco like the(24) Post doesn't happen again."(25) Do you know what Mr. Suson is




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(2) referring to? (3) A. No. (4) Q. Two paragraphs down it says, "I can (5) think of nothing but positive things that can (6) come of this. I have many enormous projects (7) that will come to fruition in the coming years (8) and it will be in the best interest of everyone (9) if we are on the same page."(10) Do you have any idea what Mr. Suson(11) meant by "enormous projects"?(12) A. No, I do not, but can I just say,(13) my job is to address media and that's my sole(14) job, not to do meetings on behalf of the union.(15) + MR. LEFKOWITZ: Object and move(16) to strike everything after "I do not."(17) Q. It states in this same paragraph,(18) "I would like to sit down with you at your(19) earliest convenience and have a mature and(20) healthy conversation to work through all of(21) this."(22) Did you ever sit down with(23) Mr. Suson?(24) A. No, sir.(25) Q. Why is that?

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(2) A. As I stated, following the (3) August -- the August 28th or 29th e-mail, (4) everything related to this would have been (5) turned -- I would have turned over to Mr. Block (6) to address and I wouldn't have. It's also not (7) part of my job capacity. (8) Q. This letter is dated October 11, (9) 2005. At the bottom you will it says Mr. Suson(10) refers to himself as "official photographer at(11) Ground Zero UFA UFOA."(12) Do you know if that was -- if this(13) e-mail was sent after the union sent the(14) cease-and-desist letter you referenced before?(15) A. I truly do not know.(16) Q. Do you know whether or not(17) Mr. Suson continued to use that title, official(18) photographer, after the union sent the(19) cease-and-desist letter?(20) A. I don't know when the(21) cease-and-desist letter was, but in either a(22) month or year or years later, I know a couple(23) of Google news alerts popped up where the(24) gentleman did indicate that as a title in a(25) press release or organizations who might have

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(2) been collaborating, may have -- may have used (3) that in their announcements. (4) Q. Do you remember any other press (5) that you came across regarding Mr. Suson or the (6) Ground Zero Museum Workshop at any time? (7) A. Again, as I stated, there were a (8) couple of alerts that came, you know, it could (9) have been six months, could have been a year(10) later, where it indicated that title.(11) Q. But you don't remember the nature(12) of the articles or anything?(13) A. No, no.(14) Q. I'm going to show you one final(15) document. We'll mark as 188.(16) (Exhibit 188, e-mail from Thomas P.(17) Butler to Cynthia Fagan on September 1,(18) 2005, marked for identification.)(19) Q. It's an e-mail from Thomas P.(20) Butler to Cynthia Fagan on September 1, 2005,(21) and the subject is "Photos requested."(22) Is tbutler@butlerassociates, that's(23) your e-mail address?(24) A. Yes, it is.(25) Q. Do you have any idea why you sent

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(2) this e-mail to Cynthia? (3) A. She must have requested photos on (4) September 1st. (5) MR. LEFKOWITZ: For the record, the (6) witness is reviewing Exhibit 186. (7) A. I have no notation of this at all (8) in here, but the UFA was doing various other (9) things on that particular day.(10) Q. Do you have any knowledge what the(11) photos might have been?(12) A. No, I do not.(13) Q. And, again, you don't have any(14) recollection with speaking with Cynthia on that(15) day, September 1, 2005?(16) A. No, I have no notation of it, I'm(17) sorry, so I have no recollection of it.(18) MR. CONTI: I have nothing further.(19) Thanks very much for your time today.(20) Mr. Butler, I appreciate it.(21) MR. LEFKOWITZ: I do have a few(22) questions for you.(23) EXAMINATION(24) BY MR. LEFKOWITZ:(25) Q. You talked about Google Alerts and


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(2) you talked about clips that you received. When (3) is it that you first started receiving the (4) Google Alerts? (5) A. I have no recollection, as I had (6) answered earlier, of when that service became (7) available to us. (8) Q. Well, you know you had it at least (9) in August of 2005?(10) A. Certainly, yes.(11) Q. Okay. And had you had it for a(12) short period of time at that point or had you(13) had it for a long period of time at that point?(14) A. I truly don't know when we started(15) using that as a service.(16) Q. Would you say you would have had it(17) for more than a year at that point?(18) A. I don't know. That's something(19) various people in my office use for different(20) clients to track notifications of projects they(21) are working on.(22) Q. And you truly can't fix a date on(23) when you started using these Google Alerts?(24) A. No, sir.(25) Q. But since the union became your

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(2) client, you would receive clips about the union (3) from various other news organizations, (4) newspapers, that sort of thing? (5) A. No. Starting in about late 2002 or (6) early 2003, the union started using some (7) service where they send us selected news clips (8) of the day and those are delivered to my e-mail (9) box every day, every morning in fact.(10) Q. And you said that began in late(11) 2002 or early 2003?(12) A. I think about -- I think about late(13) 2002, early 2003. Again, I can't pinpoint it.(14) It could have been August 2002. I don't know.(15) Q. And this is a service that was(16) initiated or obtained by the union or by your(17) office?(18) A. By the union.(19) Q. And I presume then that the union(20) designates who it wants to receive these clips,(21) these alerts?(22) A. I think it sends it to every(23) firefighter delegate in the City of New York.(24) So, one representative from every firehouse in(25) the City of New York gets it.

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(2) Q. And what would be the nature of the (3) "it" that you're talking about that these (4) people would get? (5) A. For instance, if a firefighter in (6) New Jersey died, it would be all the stories (7) covering that firefighter's death. If the (8) sanitation workers in New York City received a (9) contract, a new contract with a raise or a(10) benefit, that would be detailed, so that they(11) were knowledgeable about the happenings of the(12) day that related to their job, their safety or(13) their contract.(14) Q. What about -- what about things(15) involving the UFA?(16) A. Yes, any -- if there was something(17) where the UFA was notified -- the UFA was(18) mentioned, that would be included as well.(19) Q. Okay. Any article in which the UFA(20) was mentioned --(21) A. That's correct.(22) Q. -- that would be included in your(23) clippings that you got in the morning?(24) A. That would be delivered, yeah.(25) Q. And that's the same clipping that

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(2) would be sent to all of the delegates (3) throughout New York? (4) A. Yeah, I don't know the minutia of (5) it, but that's what I understand, yeah. (6) Q. Okay. How did you come to first (7) represent the UFA? (8) A. I think we discussed that earlier. (9) It's on the record. Do you need me to answer(10) it again?(11) Q. If you would, please.(12) A. Sure. In early 1996, a former(13) colleague in New York City Hall contacted me(14) and said that the firefighters union, the UFA,(15) was looking for someone to represent them.(16) Q. Who is this colleague at City Hall?(17) A. He was previously at City Hall, his(18) name is Michael Clendenin, C-L-E-N-D-E-N-I-N.(19) And he had recommended me and I went and met(20) with then president, Thomas von Essen, and we(21) began our efforts on behalf of the union on or(22) about March of 1996.(23) Q. Going to Exhibit 186, which is your(24) planner.(25) A. Yes, sir.




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(2) Q. The first page there. I believe (3) you said that you first saw the article written (4) in the AP and that it was on August 27th or (5) August 28th? (6) A. It would have been either the (7) Saturday or the Sunday. I didn't recollect (8) which day. (9) Q. And is there a reason why you did(10) not take a note of reading the article on that(11) day and putting it in your planner?(12) A. Well, it's the weekend. I try not(13) to work on the weekends and it was a family(14) day, so it would have been from home or -- you(15) know.(16) Q. Still in your planner in the middle(17) column there for August 30, is the notation of(18) the telephone call from Cynthia Fagan?(19) A. Yes, sir.(20) Q. I see it sort of towards the top of(21) the page there. Does that indicate that she(22) called early in the day? Can you fix a time on(23) when she called?(24) A. No, I can't fix an approximate time(25) but it would have been in the morning,

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(2) probably, you know, obviously before lunch. (3) Obviously before lunch. I had a meeting, it (4) looks like at 9 o'clock, with some of the 9/11 (5) family members and I don't know when that came (6) out. (7) Now, I don't know if when I came (8) back to my office from that meeting, Debra (9) Burlingame, you see the 9 o'clock notation, my(10) understanding was that her brother was the(11) pilot of one of the airplanes that crashed into(12) the towers, so I met with her personally.(13) I don't remember the content and(14) discussion of that meeting, but when I came(15) back to my office, I don't know whether there(16) had been a message from Cynthia on either(17) voicemail, with an administrative assistant or(18) if she got me when I was back at my desk.(19) Q. And how long did your meeting with(20) Ms. Burlingame last?(21) A. I truly don't know. That's not(22) really to indicate that it lasted 45 minutes or(23) an hour. That's just -- I don't write as small(24) as some people are able to.(25) Q. That's simply the first thing that

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(2) you did that day; is that correct? (3) A. Well, it was the first meeting I (4) had that day, yes. (5) Q. And then the Cynthia Fagan notation (6) is the next thing that you did that day? (7) A. That's the next notation I have in (8) the book, yeah. (9) Q. Okay. And that indicates to you(10) that she called early in the morning before(11) lunch?(12) A. That's correct.(13) Q. At the very least you know that it(14) was before lunch?(15) A. I believe so, yes.(16) Q. I believe we spoke about the name(17) or you spoke about the name Verena Dobnik when(18) Mr. Conti was questioning you?(19) A. Yes, sir.(20) Q. Do you remember speaking to(21) Ms. Dobnik about Gary Suson?(22) A. I truly don't. I remember calling(23) to the Associated Press to inquire, but I don't(24) recall a direct conversation with her or anyone(25) else over there. The way the AP works is they

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(2) have a team of people and they don't -- they (3) generally don't always put the name of the (4) writer of the story. Most times they don't put (5) the name of the writer. (6) MR. LEFKOWITZ: I might be just (7) about done, but I'll step out with my (8) client and been back in just a moment. (9) (Recess.)(10) Q. I just have a couple of questions(11) that should take just a moment. Other than(12) receiving the Google Alerts that you talked(13) about and the clips that you talked about, do(14) you ever on your own do a search, a Google(15) search or some other kind of search on the(16) Internet or a library or newspapers or anything(17) like that, on your own, to find out whether the(18) UFA is the subject of any article or any of(19) your other clients are the subject of any item(20) in the news?(21) A. Typically not for the UFA just(22) because the reporting on them is so in your(23) face. And by that I mean they have a clipping(24) service that picks up stuff out of obscurity.(25) They can pick up tiny little press releases


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(2) that some company puts out who just won a (3) $100,000 contract with the fire department of (4) the City of New York to supply a gizmo or a (5) gadget. So, I don't do that with the UFA, but (6) certainly with other clients I will if we're (7) looking for something that maybe doesn't get (8) picked up by the Googles. (9) Q. So what you are saying that the(10) clipping service that you use is so(11) comprehensive that you don't feel the need to(12) do any independent review to find out whether(13) the UFA is in the news?(14) A. Generally not, no. If I know of(15) something that it missed, if I know of(16) something it missed, you know, it might not(17) pick up every TV station. It will pick up the(18) print version of a TV interview, but it's not(19) the same as going on to click on to Channel 7(20) or Channel 2 to actually watch the video(21) because you can do that with the technology(22) now. So, there's a difference there. So with(23) the UFA I might do that just to watch the(24) video.(25) Q. What if there were something, a

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(2) news program or a story on CNN, on television, (3) involving the UFA, would the clipping service (4) pick that up? (5) A. No, not really. Not that I'm aware (6) of. You know, it could. I don't know. I have (7) no oversight over it. It could, but typically, (8) no. You know, CNN is less of a force in New (9) York. People don't -- people pay more(10) attention to New York 1 or Channel 2, 4, 5, 7.(11) Q. So any news story on local New York(12) television would be picked up?(13) A. And anything I think on national(14) but I don't know who does the clipping for(15) them. So, I don't know who does it. I don't(16) know what their mandate is or where they look.(17) I'm sure it's things that come into their(18) inbox.(19) Q. Just a final series of questions(20) now. In your testimony or your answers to the(21) questions that Mr. Conti asked you, you(22) mentioned documents that you saw this morning(23) that your lawyer showed you?(24) A. Yes, sir.(25) Q. Other than the documents that

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(2) you've already spoken about, were there other (3) documents that were -- that you reviewed this (4) morning? (5) A. Not that I'm aware of. (6) THE WITNESS: Mr. Axelrod? (7) MR. AXELROD: I'm not being deposed (8) so I can't. I'm not going to give the (9) answer and also we have an(10) attorney/client privilege and I'm not(11) going to respond.(12) A. I only recall what was shown to me(13) and when I did the search of my own records, I(14) came up with the website, the three-page(15) website text which was included in the(16) documentation, and then also the appointment(17) book, memorandums.(18) Q. Do you know where it is that(19) Mr. Axelrod got the documents that he showed(20) you this morning?(21) A. No, I don't.(22) Q. Are you aware that he got them from(23) Mr. Conti's office or some other source?(24) A. No, I have no knowledge of that.(25) MR. LEFKOWITZ: I have no further

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(2) questions. (3) MR. AXELROD: I have no questions. (4) (Time noted: 1:16 p.m.) (5)

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Page 141 (1) A C K N O W L E D G M E N T (2)

(3) STATE OF ) (4) :ss (5) COUNTY OF ) (6)

(7) I, THOMAS P. BUTLER, hereby (8) certify that I have read the transcript (9) of my testimony taken under oath in my(10) deposition; that the transcript is a(11) true, complete and correct record of my(12) testimony, and that the answers on the(13) record as given by me are true and(14) correct.(15)

(16) ___________________________ THOMAS P. BUTLER(17)

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(19) Signed and Subscribed to(20) before me, this day(21) of , 2007.(22) ________________________________(23) Notary Public, State of New York(24)

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Page 142 (1) C E R T I F I C A T E (2)

(3) STATE OF ) (4) :ss (5) COUNTY OF ) (6)

(7) I, SOPHIE NOLAN, a Shorthand Reporter and (8) Notary Public within and for the State of New (9) York, do hereby certify:(10) That THOMAS P. BUTLER, the witness whose(11) examination is hereinbefore set forth, was duly(12) sworn by me and that such deposition is a true(13) record of the testimony given by such witness.(14) I further certify that I am not related(15) to any of the parties to this action by blood(16) or marriage; and that I am in no way interested(17) in the outcome of this matter.(18) IN WITNESS WHEREOF, I have hereunto set(19) my hand this 5th day of October, 2007.(20)

(21) ________________________(22) SOPHIE NOLAN(23)

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Page 143 (1) *** ERRATA SHEET *** (2) ELLEN GRAUER COURT REPORTING CO. LLC 126 East 56th Street, Fifth Floor (3) New York, New York 10022 212-750-6434 (4) NAME OF CASE: Suson v. NYP Holdings, et al (5) DATE OF DEPOSITION: 9/27/08 NAME OF WITNESS: THOMAS P. BUTLER (6) PAGE LINE FROM TO REASON (7) ____|____|________|_________|__________________ (8) ____|____|________|_________|__________________ (9) ____|____|________|_________|__________________(10) ____|____|________|_________|__________________(11) ____|____|________|_________|__________________(12) ____|____|________|_________|__________________(13) ____|____|________|_________|__________________(14) ____|____|________|_________|__________________(15) ____|____|________|_________|__________________(16) ____|____|________|_________|__________________(17) ____|____|________|_________|__________________(18) ____|____|________|_________|__________________(19) ____|____|________|_________|__________________(20) (21) _______________________(22) Subscribed and sworn before me(23) this_____day of ____, 2007(24) __________________ _______________________ (Notary Public) My Commission Expires:(25)


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Concordance Report- - -

Unique Words: 1,553Total Occurrences: 6,870Noise Words: 382Total Words In File: 20,947

- - -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 * *9/27/08 [1] 143:5

* * $ * *$100,000 [1] 137:3

* * 1 * *1 [7] 1:7; 4:15; 20:4; 127:17, 20; 128:15; 138:1010 [2] 61:21, 22 100 [1] 112:4 10005 [1] 2:6 10010 [1] 12:2 10022 [3] 1:24; 2:13; 143:3 102 [1] 118:2 103 [1] 119:11 106 [1] 122:9 10:15-ish [1] 64:9 10:22 [1] 1:13 11 [7] 40:18; 41:2; 61:21; 69:20; 74:4; 113:13; 126:811554 [1] 3:6 11th [6] 2:5; 44:11, 12, 25; 45:11,

1212 [3] 61:21; 106:13; 107:7 12-page [1] 109:13 123 [1] 4:11 125 [1] 4:24 126 [2] 1:23; 143:2 127 [1] 4:13 128 [1] 4:5 12th [3] 41:19, 21, 24 15 [3] 43:9; 69:25; 71:9 150 [8] 57:24; 76:3; 79:23; 98:16; 101:4, 22; 109:14; 116:16152 [1] 88:13 18 [1] 43:9 185 [2] 4:9; 7:24 186 [12] 4:10; 9:4, 5; 50:15; 52:15; 58:11; 64:4; 91:24; 108:21, 22; 128:6; 132:23187 [3] 4:11; 123:23, 24 188 [3] 4:13; 127:15, 16 1989 [2] 18:15, 25 1990 [1] 18:3 1991 [1] 18:6 1995 [2] 17:9; 18:3 1996 [11] 14:13; 15:4, 13; 17:10; 19:10; 20:14; 21:14; 79:8; 91:13; 132:12, 221:16 [1] 140:4 1st [1] 128:4

* * 2 * *2 [4] 1:7; 80:23; 137:20; 138:10 20 [3] 14:6; 16:14; 43:9 2001 [8] 40:18; 41:2; 44:13; 45:2; 69:17; 110:10, 21, 22

2001-2002 [1] 85:15 2002 [15] 20:4, 14; 69:17, 25; 71:10, 24; 82:9, 10; 87:24; 88:9; 90:3; 130:5, 11, 13, 142003 [3] 130:6, 11, 13 2005 [27] 4:15; 50:16; 51:18; 56:17; 70:7, 8; 76:16, 21; 77:14; 80:5; 90:14; 95:23; 96:17, 25; 98:17; 101:19; 104:9; 106:7, 16; 112:14; 118:23; 121:24; 126:9; 127:18, 20; 128:15; 129:92006 [1] 1:9 2007 [4] 1:13; 141:21; 142:19; 143:23204 [3] 11:25; 61:8, 9 212-621-1670 [1] 60:3 212-750-6434 [2] 1:24; 143:3 212-918-3000 [1] 2:15 212-918-3643 [1] 2:16 212-930-8159 [1] 64:12 23rd [3] 12:2; 61:8, 9 24 [4] 75:11; 76:18, 19; 82:8 25 [1] 86:7 27 [1] 1:13 27th [6] 50:16; 51:13, 15, 17; 52:23; 133:428 [6] 76:21; 77:14; 101:19, 25; 106:7, 1528th [9] 50:16; 51:16, 17; 52:23; 78:22; 91:19; 103:12; 126:3; 133:529 [4] 56:17; 76:16; 80:5; 98:17 29th [14] 52:16; 53:5, 13, 17; 54:9; 59:21; 60:9; 61:20; 63:14; 67:15, 19; 91:24; 109:5; 126:329th/30th [1] 70:5

* * 3 * *30 [4] 96:6, 17, 24; 133:17 3000605 [1] 1:9 30th [6] 59:22; 64:9, 24; 67:17; 70:18; 96:531 [2] 112:13; 118:23 31st [4] 59:23; 67:20; 100:25; 111:16

* * 4 * *4 [1] 138:10 45 [1] 134:22 48 [1] 2:5

* * 5 * *5 [2] 4:4; 138:10 51 [1] 4:22 516-296-7111 [1] 3:9 516-296-7172 [1] 3:8 56th [2] 1:23; 143:2 5:30 [1] 67:21 5th [1] 142:19

* * 7 * *7 [4] 4:9; 106:13; 137:19; 138:1075 [1] 4:23

* * 8 * *8 [1] 107:7 85164 [1] 1:25 875 [2] 1:11; 2:12 8:29 [1] 80:5

* * 9 * *9 [3] 4:10; 134:4, 9

9/11 [9] 80:9; 110:9; 112:5; 116:10; 118:4, 14; 121:22; 122:10; 134:49/11-related [1] 94:8 9/27/08 [1] 143:5 90 [1] 3:5 91 [1] 18:16 917-887-3920 [1] 2:8 9:34 [2] 80:2; 101:8

* * A * *a.m. [5] 1:13; 61:22; 80:2; 101:8; 102:2ability [1] 47:2 able [6] 9:23; 29:20; 47:19; 52:5; 117:13; 134:24access [7] 22:3, 14; 41:10; 44:22, 23; 69:16; 93:5accompanied [1] 44:6 account [3] 13:22; 21:10, 12 accounting [2] 117:21 accuracy [1] 116:13 accurate [16] 16:10; 19:9; 61:14; 86:3, 5; 87:25; 113:12, 19, 21; 114:4, 6; 115:8; 118:24; 120:17; 123:2, 4acquire [1] 47:4 acting [1] 42:12 action [2] 94:2; 142:15 actual [2] 46:21; 73:12 ad [1] 13:13 additional [3] 11:5; 46:17; 123:20 address [8] 5:16; 34:14; 101:15; 102:4; 124:16; 125:13; 126:6; 127:23adler [1] 3:3 administer [1]


From 9/27/08 to administerwww.ellengrauer.com


74:12 administrative [2] 119:8; 134:17 ads [1] 13:16 advertisement [1] 13:12 advise [1] 103:6 affected [1] 46:9 affidavit [1] 8:6 affiliated [1] 102:17 aftermath [1] 121:23 against-nyp [1] 1:5 agencies [1] 13:13 agency [4] 17:2, 3, 22, 24 agonizing [1] 108:5 agreement [1] 116:20 agreements [2] 30:7; 116:23 airplanes [1] 134:11 al [1] 143:4 alert [6] 28:20; 50:16, 20; 51:23; 52:23; 77:19alerted [1] 78:10 alerts [9] 27:21; 28:4; 126:23; 127:8; 128:25; 129:4, 23; 130:21; 136:12alleged [1] 85:7 america [1] 1:6 amplified [2] 45:14; 46:15 anne [1] 80:9 announcement [1] 36:16 announcements [1] 127:3 annual [1] 16:12 answer [23] 6:10, 15; 7:5; 22:12; 29:21; 32:4, 7, 10, 11, 18, 22; 33:4; 46:20; 47:2, 13, 15, 19; 65:21; 78:24; 87:8;

132:9; 139:9answered [2] 69:3; 129:6 answering [1] 7:19 answers [5] 6:5; 7:9, 12; 138:20; 141:12anybody [5] 30:22; 47:21; 48:4; 93:23; 107:16anymore [1] 91:18 anyway [2] 39:13; 68:7 anywhere [1] 88:10 ap [29] 54:17; 60:3, 14; 76:22; 78:2, 5, 6, 9; 79:2, 12, 14, 16; 80:18, 22; 81:7, 23; 82:6; 89:8, 10, 14; 90:20; 91:2, 18, 25; 99:15;103:18; 106:17; 133:4; 135:25appear [3] 108:6, 19, 22 appearances [1] 26:14 appears [8] 26:12; 61:21; 77:7; 80:8; 86:17; 88:24; 107:7; 111:14appointed [2] 110:9, 20 appointment [5] 4:10; 9:5, 10, 13; 139:16 appreciate [3] 5:13; 6:24; 128:20 appropriately [1] 48:6 approve [2] 26:7, 10 approves [1] 26:6 approximate [1] 133:24 approximately [2] 18:2; 20:16 april [2] 69:25; 71:9 archives [1] 57:24 area [2] 43:4; 44:2 arrange [3] 26:16, 18; 46:9 arrangement [1] 74:16 arrangements [1] 74:10 arrested [1] 49:22

arrow [2] 54:2; 59:10 article [41] 40:10; 51:24; 52:2; 80:8, 10, 14, 16, 18, 22; 81:3, 21; 95:23; 108:3, 9; 111:10; 112:5, 9, 19, 25; 114:7, 23; 115:22; 116:3; 118:3, 6, 12, 16; 119:12, 16, 24; 120:4, 23; 122:8, 10, 14, 24; 123:10; 131:19; 133:3, 10; 136:18articles [8] 25:12; 90:9, 12; 120:8; 121:24; 123:13; 127:12artist [1] 103:19 arts [1] 10:21 artwork [1] 116:11 ashamed [1] 105:6 aside [2] 33:19; 76:17 asking [5] 8:19; 74:2; 82:24; 114:3; 116:2asks [2] 31:19; 49:15 assembly [1] 43:3 assist [1] 94:25 assistant [5] 18:10; 23:18; 39:10; 119:8; 134:17assisting [1] 26:14 associate [1] 11:22 associated [24] 30:5; 50:22; 51:5, 24; 54:17; 76:21; 77:14, 20; 79:19; 83:19; 85:6; 87:9; 89:6, 20; 91:6; 102:23; 103:8, 14; 105:5, 12, 13, 14; 107:3; 135:23 associates [21] 11:13, 15; 12:4, 7, 18; 14:3; 15:18; 16:15, 24; 17:4, 6, 12, 14, 16, 20; 18:8; 19:11, 17; 21:7; 25:3; 40:19association [26] 14:19; 15:3; 19:12, 21; 28:24; 29:13; 30:2; 35:24; 37:12; 42:23; 50:18; 51:4; 52:9; 63:22; 64:16, 21; 71:9; 72:11; 77:12; 78:13; 80:25; 87:14; 104:2, 4; 109:24; 110:7

assume [9] 6:16; 38:8; 56:18, 25; 58:12; 70:3; 96:15; 97:9; 105:24assuming [3] 63:2; 112:20; 115:25 attachment [2] 8:6; 107:3 attack [1] 121:22 attacks [3] 44:11, 19, 25 attend [5] 10:11, 12, 13; 93:21, 22 attended [3] 22:8; 43:11; 44:7 attention [2] 57:8; 138:10 attorney [5] 2:4; 7:2, 6; 37:14; 139:10 attorneys [3] 2:11; 3:4; 7:2 audible [2] 6:21, 23 august [57] 18:15; 20:3, 14; 50:15; 51:12, 15, 17; 52:16, 23; 53:5, 13, 17; 54:9; 56:17; 59:21, 22; 60:9; 61:20; 63:14; 64:8, 24; 67:15, 17, 19, 20; 70:5, 18; 76:16, 21; 77:14; 78:21; 80:5; 91:19, 24; 96:5, 6, 17, 24; 98:17; 100:25; 101:19, 25; 103:12; 106:7, 15; 109:4; 111:16; 112:13; 118:22; 126:3; 129:9; 130:14; 133:4, 5, 17authenticate [1] 105:16 authority [3] 31:11; 36:18; 99:12 authorization [1] 33:14 authorized [5] 32:10, 13, 23; 33:5; 82:14 available [1] 129:7 avenue [3] 1:11; 2:12; 3:5 aware [26] 24:8; 30:11; 49:18, 24; 74:6; 86:21; 89:9; 90:4, 17; 91:3, 11; 92:4; 94:6; 97:15; 99:21; 102:18; 107:5, 10; 112:24; 121:12; 123:8, 16; 138:5; 139:5, 22axelrod [13] 3:7; 9:2; 34:2; 72:12; 75:20; 86:12; 88:22; 94:9; 114:20; 139:6, 7, 19; 140:3

* * B * *b-u-t-l-e-r [1] 5:18 bachelor [1] 10:21 background [5] 10:3; 34:13, 25; 35:4; 109:9backhoes [1] 43:23 balin [1] 3:3 barricade [1] 44:2 barricades [1] 43:13 based [5] 14:4; 24:10, 15, 19; 56:2 basically [2] 105:24; 118:13 basis [3] 20:22; 25:6; 53:20 beats [1] 27:13 beautiful [1] 89:11 begins [1] 52:16 behalf [20] 12:24; 13:14; 23:2; 25:11, 13; 26:5; 27:18; 31:12; 32:24; 33:6, 12, 22; 36:14; 40:4; 73:21; 74:12; 82:12; 98:8; 125:14; 132:21believe [11] 59:4; 64:6; 77:17; 81:12, 17; 85:5, 8; 108:7; 133:2; 135:15, 16believed [2] 81:19; 122:2 benefit [1] 131:10 besides [1] 93:10 best [4] 30:16; 31:25; 41:18; 125:8 billing [3] 16:2; 113:9, 24 bit [4] 10:3; 25:2; 45:6; 58:15 block [80] 37:9, 19, 22, 25; 38:13, 17, 18; 39:4; 53:9, 24; 54:18; 55:6, 22; 56:13, 14, 23; 57:17, 20; 58:3, 8; 59:2, 3, 5, 8, 12, 13, 15, 17; 60:3, 21; 61:3; 62:25; 63:10; 64:17; 65:24; 66:2, 8, 21; 76:7; 91:25; 92:10, 18, 24; 96:3, 21; 97:9; 98:3, 4, 6, 17, 23, 25; 99:2, 8, 10, 11,

From administrative to block Ellen Grauer Court Reporting(212) 750-6434

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15, 19, 23; 100:4, 8, 10, 15; 101:6, 10, 15; 102:20; 105:17, 20, 22; 107:9; 109:7; 112:20; 113:5; 114:13; 117:2; 118:21; 120:6; 123:15; 126:5block's [1] 57:8 blocks [1] 43:9 blood [1] 142:15 board [29] 21:18, 20, 21, 24; 22:3, 6, 8, 16, 22; 28:17; 48:16; 55:5, 11, 13, 15; 60:25; 62:10; 73:3, 5, 23; 84:4, 5, 20, 23; 93:19, 21, 22, 25; 94:5bologne [1] 123:10 book [9] 4:10; 9:5, 13; 26:16; 53:19; 56:4, 19; 135:8; 139:17bookkeeper [1] 107:20 books [2] 9:10; 54:12 boom [1] 29:13 box [2] 54:8; 130:9 boxes [1] 53:8 brandon [1] 49:17 break [2] 56:6; 68:23 breaks [1] 7:8 briefing [1] 22:18 briefly [1] 94:21 bringing [1] 43:23 broken [1] 56:8 brother [1] 134:10 building [1] 14:22 bunch [1] 44:17 burlingame [2] 134:9, 20 business [1] 34:21 busted [1] 122:11 butler [38]

1:16; 4:2, 13; 5:7, 17, 21; 8:2; 11:13, 14, 15; 12:3, 6, 18; 14:3; 15:18; 16:15, 23; 21:7; 25:3; 40:19; 76:8; 82:10, 15; 83:21; 84:15; 86:23; 87:22; 89:6, 13; 127:17, 20; 128:20; 141:7, 16; 142:10; 143:5butler's [4] 77:8; 84:13; 85:11; 90:19 butlerassociates [2] 106:8; 127:22 butlerassociates.com[2] 102:3; 124:15 butlers [1] 11:17 by-product [1] 83:21

* * C * *c-l-e-n-d-e-n-i-n [1] 132:18 calendar [6] 67:15; 70:10, 12; 96:6; 99:5; 118:22call [30] 15:7; 24:10; 27:7; 30:19; 31:24; 34:10; 38:18; 51:7; 57:15; 63:5; 64:18; 66:3, 4, 9, 22, 25; 67:2, 5; 69:8; 78:6; 81:7; 89:4; 91:19; 96:5; 98:6; 99:8; 111:20, 25; 123:15; 133:18calling [3] 62:6; 87:2; 135:22 calls [15] 25:7; 31:19; 53:11; 54:3; 55:6; 58:6; 59:11; 61:3; 62:25; 63:2, 10; 64:12; 67:24; 79:19; 96:2cam [1] 112:5 camera [1] 108:4 cameraman [1] 83:3 campaigns [1] 13:11 capability [1] 13:17 capacity [8] 22:19; 37:17; 41:6; 48:17; 74:20; 90:8; 93:13; 126:7career [2] 35:14; 110:4 carried [1] 82:18 carrying [1] 104:2 carter [1]

20:20 case [5] 5:10, 12; 42:9; 92:19; 143:4cassidy [27] 19:25; 20:5, 13; 23:12, 17; 24:14; 26:7, 12; 31:5; 33:9, 15; 39:10; 60:15; 64:14, 18; 65:23; 66:6, 14, 22; 70:17; 73:17; 89:3; 121:13, 19, 20, 21; 122:2cassidy's [5] 54:19; 60:4, 6, 18; 70:23 caught [1] 82:17 caused [5] 73:13; 80:22; 81:6; 109:20, 21cbah.com [1] 3:10 cease-and-desist [4] 92:5; 126:14, 19, 21 center [1] 40:25 certify [3] 141:8; 142:9, 14 certilman [1] 3:3 challenge [1] 19:18 change [1] 24:22 changed [1] 45:5 channel [3] 137:19, 20; 138:10 charge [1] 116:8 charitable [4] 94:6, 13; 98:13; 116:20 charities [4] 45:18; 94:8; 116:24; 124:22charity [2] 95:6; 122:11 check [1] 38:5 checked [3] 62:15; 95:17, 18 checking [3] 34:9; 103:16; 106:23 checks [12] 94:11, 15, 17; 107:8, 9, 18, 24; 116:17; 117:2, 5, 12, 18chief [2] 39:14; 42:12 children [2] 95:2, 12 children's [4] 94:19, 24; 107:14; 124:21 childrens [1] 74:12 choose [1]

85:2 citizens [1] 34:22 city [15] 1:1; 8:11; 15:8; 18:11, 20; 19:3; 30:4; 46:4; 130:23, 25; 131:8; 132:13, 16, 17; 137:4city's [1] 80:25 civil [2] 1:1; 8:10 civilian [1] 42:14 claim [1] 120:13 claimed [1] 120:11 claiming [5] 53:10, 25; 55:22; 59:9; 114:10claims [2] 77:9; 83:18 clarify [1] 84:2 classes [1] 11:5 cleanup [1] 120:12 clear [1] 98:2 clendenin [2] 15:12; 132:18 click [1] 137:19 clicked [1] 50:23 client [18] 13:22; 15:25; 16:7; 38:8; 50:17; 52:10; 56:7, 10; 77:21; 83:9; 89:22; 91:12, 13; 101:12; 109:10; 130:2; 136:8; 139:10clients [17] 12:24; 13:8, 14, 25; 14:2, 8; 15:22; 16:16; 25:3; 56:9; 84:3, 8; 105:11, 12; 129:20; 136:19; 137:6clip [1] 28:8 clipping [5] 131:25; 136:23; 137:10; 138:3, 14clippings [1] 131:23 clips [15] 27:25; 28:9, 13; 29:22; 30:12; 31:2, 6; 40:7; 119:21; 122:22; 129:2; 130:2, 7, 20; 136:13clores [6]

17:4, 5, 12, 16; 19:11, 17 closest [1] 23:8 cnn [2] 138:2, 8 co [2] 1:23; 143:2 collaborating [1] 127:2 collapse [1] 40:25 colleague [3] 15:8; 132:13, 16 college [9] 10:11, 12, 13, 14, 18, 22; 18:24; 19:2, 7column [6] 114:8; 115:2; 120:10; 121:6, 8; 133:17coming [3] 5:13; 40:10; 125:7 comment [7] 30:18; 31:20; 84:16; 90:19, 25; 95:22; 112:2comments [3] 37:25; 40:15; 85:6 commission [1] 143:24 commissioner [1] 120:25 commissioner's [1] 120:20 communicate [5] 23:3, 4; 35:20; 45:17, 21 communicated [1] 26:3 communicating [1] 25:15 communication [3] 57:14; 93:11; 100:19 communications [6] 18:9, 10; 23:16; 25:22; 35:21; 97:4company [8] 14:10, 12; 17:17; 21:14; 26:20; 29:23; 46:11; 137:2compilation [1] 28:9 compile [1] 28:12 complete [3] 22:23; 25:5; 141:11 comprehending [1] 100:12 comprehensive [1] 137:11 computer [6] 27:22; 28:5; 29:14; 57:24; 58:24; 105:10con [3] 90:20, 25; 103:18


From block's to conwww.ellengrauer.com


concept [1] 16:12 concern [1] 109:21 concerned [2] 57:9; 73:7 concerns [2] 86:24; 87:16 concrete [1] 73:12 conference [8] 25:11, 25; 42:25; 43:11, 20; 75:8; 113:17; 119:23conferences [5] 25:18, 20; 36:2, 6; 83:5 confident [1] 54:9 confirm [1] 51:8 considered [1] 67:23 consultant [1] 37:4 cont'd [1] 3:1 contact [17] 23:15; 38:13; 39:3; 48:12, 14; 80:22; 87:2, 5, 16, 17, 20; 91:18; 92:2; 98:3, 5; 105:15; 111:24contacted [8] 60:14, 17; 77:20; 78:13, 14; 91:22; 105:12; 132:13contacting [2] 78:4; 82:6 contacts [1] 16:17 contained [1] 112:18 contemporaneous [1] 61:16 content [1] 134:13 contents [2] 100:3, 9 conti [10] 2:14; 4:4, 17; 5:6, 8; 9:4; 68:22; 128:18; 135:18; 138:21conti's [1] 139:23 continue [1] 54:24 continued [2] 45:2; 126:17 continuously [2] 15:14, 16 contract [6] 14:4; 30:6; 131:9, 13; 137:3contribute [1] 110:7

controller [1] 107:20 convenience [1] 125:19 conversation [24] 33:20; 56:23; 58:8; 59:16; 62:19; 63:17, 25; 65:6; 68:10; 69:4, 7; 77:13, 24; 78:8, 25; 96:24; 99:15; 100:3, 9, 14, 16; 105:22;125:20; 135:24 conversations [2] 34:7; 66:14 convey [2] 24:6; 38:15 coordinating [1] 13:2 copies [3] 94:10; 117:4 copy [2] 70:24; 71:3 corner [1] 71:12 correcting [1] 55:18 correction [1] 67:17 correctly [1] 20:4 counsel [3] 18:20; 37:11; 96:22 country [2] 30:8, 9 county [4] 1:2; 8:11; 141:5; 142:5 couple [6] 19:19; 94:11, 14; 126:22; 127:8; 136:10course [1] 79:9 court [6] 1:1, 23; 6:19; 8:11; 101:14; 143:2courtesy [2] 60:7, 19 cover [6] 8:5; 73:25; 75:8; 76:5, 12, 15coverage [3] 27:17; 83:6, 9 covered [1] 40:9 covering [2] 83:4; 131:7 covers [1] 27:11 crafting [1] 39:24 crashed [1] 134:11 create [2]

13:11, 16 credentials [1] 44:20 crime [1] 47:22 crossed [2] 50:22; 77:19 curious [2] 50:23; 82:11 current [5] 11:11, 12; 19:23; 115:3; 116:7currently [1] 115:9 cutoff [1] 41:13 cycle [1] 14:4 cynthia [17] 1:6; 4:14; 64:11, 23; 65:17; 96:7, 9; 97:5; 98:12; 123:14; 127:17, 20; 128:2, 14; 133:18; 134:16; 135:5

* * D * *daily [3] 9:11; 25:6; 83:10 dan [6] 17:4, 5, 12, 15; 19:10, 17 date [12] 51:18; 53:18; 54:10, 11; 56:23; 76:14; 78:3; 80:3; 101:7; 110:16; 129:22; 143:5dated [4] 76:20; 101:25; 106:15; 126:8dates [1] 53:2 dating [2] 79:8; 91:13 day [42] 23:15; 24:16, 17, 22, 24; 42:7; 54:23; 56:6, 8, 10, 20, 21; 57:24; 61:16; 63:23; 67:22; 77:18, 24; 78:21; 87:10; 100:25; 106:25; 111:16, 19; 112:13; 118:11; 124:19; 128:9, 15; 130:8, 9; 131:12; 133:8, 11, 14, 22; 135:2, 4, 6; 141:20; 142:19;143:23 day-to-day [3] 13:21; 52:20; 53:20 days [4] 24:23; 30:14; 70:3; 91:20 deadline [5] 38:21, 22; 67:23; 111:21 deal [5] 12:23; 13:21; 99:4; 104:15; 105:25

dealings [1] 73:6 death [1] 131:7 deaths [1] 30:8 debate [1] 82:18 debra [1] 134:8 decide [1] 19:14 decided [2] 42:25; 44:4 decision [1] 35:19 decisionmaking [1] 35:16 decisions [1] 45:22 deemed [1] 87:3 deepti [2] 54:17; 60:2 defamation [1] 6:6 defendants [3] 1:8; 2:11; 5:9 deferred [1] 58:4 degree [3] 10:17, 20; 11:3 delegate [1] 130:23 delegates [1] 132:2 delivered [2] 130:8; 131:24 demanding [1] 114:10 demands [1] 45:9 depart [1] 22:13 department [5] 30:4; 42:12; 46:4; 49:11; 137:3deposed [1] 139:7 deposition [7] 1:16; 5:22; 9:20; 16:20; 141:10; 142:12; 143:5describe [3] 8:8; 94:21; 101:16 described [2] 81:4; 83:15 description [1] 4:8 designates [1] 130:20 desk [2]

72:2; 134:18 desktop [1] 28:19 detail [1] 98:18 detailed [1] 131:10 details [8] 25:18; 62:4; 65:13; 67:6; 79:2; 94:12; 101:3; 117:16determine [3] 15:23, 24; 49:14 determined [1] 42:13 develop [1] 84:24 dialing [1] 49:13 die [1] 95:3 died [1] 131:6 difference [1] 137:22 difficult [1] 73:8 dig [1] 108:5 dignified [1] 43:22 direct [2] 24:9; 135:24 directed [3] 30:19, 25; 36:17 direction [1] 99:13 directors [1] 21:21 disagreed [1] 121:20 discuss [4] 22:21; 74:4; 94:4; 100:15 discussed [7] 62:8; 65:10; 93:19, 25; 96:4; 111:18; 132:8discussing [1] 67:9 discussion [2] 32:15; 134:14 discussions [3] 116:19; 121:18; 122:5 dispute [3] 73:12; 120:13, 24 disputed [1] 121:14 disturbing [2] 89:14, 17 dobnik [3] 81:24; 135:17, 21 document [32] 7:23; 8:3, 8, 14; 9:7, 13, 19;

From concept to document Ellen Grauer Court Reporting(212) 750-6434

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52:15; 69:19, 24, 25; 75:12, 14, 16; 76:2; 86:6, 10, 15, 17; 88:13, 18; 97:18; 101:5; 104:20; 106:7; 107:4, 6; 112:3; 123:22; 124:3; 127:15documentation [3] 103:24; 109:14; 139:16 documents [15] 8:20, 22, 24, 25; 9:21, 22; 97:8, 11, 14, 17, 21; 138:22, 25; 139:3, 19doesn't [6] 30:22; 85:14; 118:17; 120:5; 124:24; 137:7dollars [1] 116:10 donate [1] 116:9 donations [5] 94:7, 13; 95:12, 18; 116:21 draft [3] 25:12, 21; 27:5 drugs [1] 7:18 due [1] 38:24 duly [2] 5:2; 142:11 duties [5] 12:17; 13:19; 22:23; 82:19; 120:15duty [2] 74:14; 95:3

* * E * *e-mail [37] 2:17; 3:10; 4:11, 13; 57:13, 22; 63:3, 4; 69:10; 88:25; 97:4; 101:19, 20, 25; 102:4, 5; 105:18, 23; 106:4, 6, 11, 15, 19; 123:24; 124:7, 10, 12, 13, 16, 18; 126:3, 13; 127:16, 19, 23; 128:2; 130:8e-mailed [1] 58:24 e-mails [3] 57:24; 69:12; 106:23 e-newsletters [1] 13:11 earliest [1] 125:19 early [8] 70:4; 89:14; 130:6, 11, 13; 132:12; 133:22; 135:10earnings [1] 74:11 east [6] 1:23; 3:6; 11:25; 61:8, 9; 143:2

easy [1] 73:10 economics [1] 10:21 edge [1] 103:7 edit [1] 13:10 editing [1] 13:24 educational [1] 11:2 effort [2] 69:17; 120:13 efforts [2] 47:7; 132:21 eight [4] 14:8; 17:8; 36:11; 44:10 elected [3] 20:2, 3; 22:4 election [1] 85:3 electronic [3] 13:6; 58:21, 23 electronically [1] 27:23 eleven [4] 14:15; 22:10; 27:14; 36:10 ellen [2] 1:23; 143:2 elsewhere [1] 108:16 emergency [1] 42:10 employees [3] 12:6, 14; 16:16 employer [1] 11:12 end [4] 56:21; 67:22; 90:18; 100:25enforcement [1] 42:14 enormous [2] 125:6, 11 entitled [1] 80:9 errata [1] 143:1 erroneous [2] 89:5, 8 escalated [1] 90:22 esq [4] 2:3, 7, 14; 3:7 essen [3] 21:2, 3; 132:20 essence [1] 51:2 estimate [3] 14:5; 15:17; 16:10 et [1]

143:4 evacuation [1] 42:10 event [4] 43:25; 73:25; 74:8; 75:9 events [1] 36:11 ex-union [2] 115:4, 14 exact [1] 64:10 exactly [2] 42:21; 108:24 examination [4] 4:3; 5:5; 128:23; 142:11 examined [1] 5:3 example [3] 26:13; 47:8, 21 except [2] 88:4; 120:7 excuse [2] 21:19; 68:7 executive [5] 23:18; 28:17; 39:9; 84:4, 5 exercise [1] 6:4 exhibit [33] 4:8; 7:24; 9:5; 50:12, 13; 52:15; 58:11; 64:4; 69:20; 74:4; 75:10; 76:3, 18; 79:22; 82:8; 86:6; 88:13; 91:24; 98:16; 101:4, 21;108:21; 109:14; 112:4; 116:16; 118:2; 119:11; 122:9; 123:23, 24; 127:16; 128:6; 132:23exhibits [1] 4:17 expedite [1] 39:3 expended [1] 16:2 expenditure [1] 16:5 experience [2] 42:15 expires [1] 143:24 explain [1] 35:5 extended [1] 46:12 extremely [1] 45:15

* * F * *face [1] 136:23 fact [10] 58:6; 59:11, 22; 83:6, 18;

91:12; 100:8; 103:25; 114:16; 130:9fact-checked [1] 81:8 factor [1] 99:14 facts [1] 98:20 fagan [23] 1:6; 4:14; 64:11, 24; 66:2; 96:7, 9, 24; 97:5, 8, 16, 19, 20; 98:3, 5, 8, 12; 123:14; 127:17, 20; 133:18; 135:5fair [14] 6:17; 8:7, 12; 18:4; 19:6; 20:15; 31:7; 35:18; 45:6; 47:16; 51:12; 61:11; 68:9; 111:23false [2] 81:12, 18 familiar [13] 9:7; 21:23; 35:3; 40:8, 22; 74:15; 81:25; 103:19; 104:16; 116:22; 118:7, 17; 123:9families [3] 43:19; 44:3; 74:13 family [3] 118:14; 133:13; 134:5 fashion [3] 7:20; 26:25; 32:2 fax [15] 2:16; 3:9; 53:11; 54:4; 76:5, 11; 79:23; 80:4; 86:18, 20, 23; 87:15; 106:13; 107:7; 109:13fdny [12] 28:2; 29:3; 110:7; 113:3; 114:8; 115:3; 116:8; 120:12, 13, 19, 21, 22feel [2] 85:16; 137:11 felt [1] 89:13 fern [8] 54:16, 19, 20; 60:2, 4, 9, 14; 91:25fiasco [1] 124:23 field [3] 19:8; 24:7; 36:24 fielded [1] 34:16 fielding [1] 49:10 fifth [5] 1:23; 61:8; 85:10; 117:22; 143:2files [6] 52:5; 58:21, 23; 71:4; 97:24fill [1]

56:21 final [6] 7:17; 9:16; 85:24; 122:8; 127:14; 138:19find [8] 8:24; 9:23; 24:10; 31:5; 34:11; 58:14; 136:17; 137:12finished [1] 6:11 fire [16] 25:7, 10; 27:10; 30:3; 35:24; 46:4; 48:10, 11, 12, 14, 15; 49:11; 64:20; 71:8; 74:13; 137:3fire-related [1] 25:14 firefighter [6] 24:21; 46:10; 47:11, 12; 130:23; 131:5firefighter's [1] 131:7 firefighter-related [1] 30:8 firefighters [36] 14:19; 15:3; 19:20; 21:9; 28:17, 24; 29:13; 30:2, 6, 7; 37:11; 42:24; 43:18, 19; 44:3; 48:18; 50:17; 51:4; 52:8; 63:22; 64:16; 72:10; 74:13; 77:12; 78:12; 80:25; 87:14; 95:2; 103:25; 104:4; 107:14; 109:24; 110:6; 113:10; 114:2; 132:14firefighting [3] 27:25; 28:2; 30:9 firehouse [2] 85:2; 130:24 firematic [1] 25:9 firematic-related [1] 25:8 firm [6] 5:8; 12:19, 21, 22; 17:14; 37:3firm's [1] 12:23 first [47] 5:2, 24; 8:4; 9:12; 12:21; 14:24; 19:2, 4; 20:23, 25; 21:4; 27:4; 31:16; 33:13; 34:9; 38:6; 42:15; 43:2; 50:9; 51:21; 53:4; 59:7; 64:4; 67:18; 69:23; 76:4, 24; 77:4; 83:15, 17; 85:24; 88:3; 89:2; 102:14, 21; 103:4, 16; 106:22; 113:8; 121:7; 124:20; 129:3; 132:6; 133:2, 3; 134:25; 135:3five [5]


From documentation to fivewww.ellengrauer.com


8:16; 58:18; 101:21, 23 fix [3] 129:22; 133:22, 24 floor [6] 1:23; 2:5; 61:8, 9; 117:22; 143:2focused [1] 109:23 following [4] 22:16; 70:4; 106:25; 126:2 follows [1] 5:3 force [1] 138:8 form [3] 31:13; 35:2; 87:7 former [4] 15:7; 71:7; 83:22; 132:12 forth [1] 142:11 forward [1] 60:20 forwarded [1] 88:24 found [4] 8:25; 11:22; 19:11; 82:12 founded [1] 14:10 founding [1] 16:23 four [12] 8:13, 14, 16; 12:10, 11; 17:25; 22:11; 39:21; 41:8; 53:8; 123:12fox [1] 83:11 francis [1] 121:2 frank's [1] 80:9 free [1] 85:16 freelance [2] 73:25; 75:7 freelancers [1] 113:16 frequent [1] 111:24 frequently [8] 24:13, 24; 27:10; 32:19; 36:5; 39:16; 111:21, 25friendly [1] 21:11 front [1] 79:24 fruition [1] 125:7 fulfill [1] 23:2 full [5] 5:15; 50:25; 103:5; 121:7

full-time [1] 12:14 fully [2] 18:2; 30:10 fund [10] 74:12; 94:19, 22, 24; 95:4, 13; 107:15, 20; 117:22; 124:21fyi [1] 87:22

* * G * *gadget [1] 137:5 gallagher [10] 20:9, 10, 18; 41:22; 42:8, 21; 64:19; 66:23; 70:2; 71:20gallagher's [1] 71:17 garbage [1] 88:4 gary [25] 1:3; 3:13; 5:12; 6:7; 50:6; 51:13, 19; 61:25; 62:5, 16; 63:17; 67:16; 69:15; 74:22; 77:5, 6; 80:19; 81:4; 86:18; 93:19; 94:3, 7; 95:24; 96:17; 135:21gaskell [7] 1:7; 67:24; 68:3; 101:2; 111:13, 24; 118:23gave [5] 65:20; 107:11; 117:10; 123:14, 20gentleman [3] 51:2; 52:7; 126:24 gets [1] 130:25 gist [2] 50:25; 65:18 give [11] 6:23; 16:9; 22:18; 44:22; 47:8; 87:3, 5; 97:14, 20; 99:12; 139:8given [9] 22:14, 24, 25; 47:18; 115:5, 15; 120:14; 141:13; 142:13giving [4] 7:10; 98:13; 117:7; 123:16 gizmo [1] 137:4 glance [1] 118:2 google [17] 28:6, 18, 20; 29:7; 50:16, 20; 51:23; 52:23; 77:19; 126:23; 128:25; 129:4, 23; 136:12, 14googles [1] 137:8

gorman [10] 42:22; 64:19, 20; 66:23; 70:2; 71:5, 6, 7, 15gotten [3] 66:11; 107:22, 24 graduate [4] 10:4, 6, 23; 18:23 graduated [1] 19:7 grauer [2] 1:23; 143:2 greater [1] 52:9 gribbon [1] 121:2 grievance [1] 104:5 ground [50] 4:11; 40:23; 41:3, 5; 42:7, 18; 43:16; 44:5; 45:25; 46:22; 47:7, 10, 22; 48:19; 49:4, 22, 23; 50:4; 55:3; 60:24; 63:19; 64:12; 65:8; 67:24; 69:16; 73:21; 74:23; 77:11; 80:24; 81:5; 82:11; 83:23; 86:2; 87:24; 88:10; 90:2, 6, 16; 93:5; 103:23; 104:3; 108:4, 20; 110:6; 121:15; 122:3; 123:25; 124:14; 126:11; 127:6groundrules [1] 6:3 guess [2] 16:3; 57:2 guy [1] 72:22

* * H * *habits [1] 9:11 hajela [2] 54:17; 60:3 half [3] 17:25; 38:24; 42:20 hall [6] 15:8; 18:11; 19:3; 132:13, 16, 17hand [1] 142:19 handle [2] 102:15; 103:6 handles [1] 30:23 hands [1] 105:25 handwriting [4] 55:12, 13; 76:12; 79:24 happening [2] 30:11; 45:25 happenings [1] 131:11

happy [1] 6:14 hard [3] 15:23, 24; 27:14 hartson [2] 2:10; 5:9 hated [1] 85:15 haven't [3] 28:22, 25; 114:19 he's [7] 37:13; 39:9, 18; 74:10; 103:19; 105:8; 121:16head [1] 6:22 headquarters [1] 117:23 health [1] 34:21 healthy [1] 125:20 hear [4] 6:11; 50:9; 92:7; 102:16 heard [9] 49:16; 50:6, 24; 51:13, 18, 21; 52:12; 57:19; 99:19heights [1] 10:10 held [3] 43:12, 13; 44:2 help [3] 42:5; 45:18; 95:9 helped [1] 45:20 helping [1] 46:18 herculean [1] 48:25 hereby [2] 141:7; 142:9 hereinbefore [1] 142:11 hereunto [1] 142:18 hesitation [1] 104:24 hey [1] 105:24 hhlaw.com [1] 2:17 high [4] 10:4, 6, 8; 43:8 highly [1] 88:2 hire [1] 75:7 history [2] 109:19; 111:2 hit [3] 29:9; 106:21; 118:4 hits [2]

27:23 hogan [2] 2:10; 5:8 hold [5] 18:8, 12; 25:11, 17; 44:5 holdings [3] 1:6; 5:10; 143:4 home [1] 133:14 honoring [1] 116:9 hope [1] 31:10 horrible [1] 77:9 hour [3] 38:25; 134:23 hours [2] 15:25; 42:2 house [1] 80:9 howard [3] 17:14, 19; 18:7 hundreds [2] 44:4; 82:3 hyman [1] 3:3

* * I * *i've [18] 6:10, 12, 13; 7:15; 8:4, 5; 22:10, 24; 36:3; 47:11; 49:6, 7; 66:11; 69:21; 75:5; 82:3; 84:22; 123:8i.d. [1] 4:8 idea [4] 89:16; 93:18; 125:10; 127:25identification [4] 7:25; 9:6; 124:2; 127:18 identified [1] 15:8 identifying [1] 105:10 identity [1] 106:12 imagine [1] 45:5 immediately [2] 57:16; 102:19 imperative [1] 124:22 improperly [2] 113:9, 24 in-house [1] 30:23 in-studio [1] 26:17 inaccurate [2] 81:19; 88:2

From fix to inaccurate Ellen Grauer Court Reporting(212) 750-6434

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inbox [1] 138:18 inc [1] 1:6 incident [2] 24:7; 83:15 incidents [1] 49:3 include [4] 13:12; 29:3, 24; 109:20 included [5] 68:15; 109:25; 131:18, 22; 139:15includes [2] 13:23; 84:6 incorporated [1] 1:6 independent [1] 137:12 index [1] 1:9 indicate [4] 110:16; 126:24; 133:21; 134:22indicated [4] 51:2; 60:17; 79:4; 127:10 indicates [2] 67:21; 135:9 indicating [1] 87:12 indication [1] 119:5 individuals [5] 12:12; 48:19; 49:3, 21; 66:9inference [3] 90:20; 91:4, 15 inferred [1] 114:12 info [4] 53:12; 54:4; 58:6; 59:12 information [29] 13:3; 24:10; 31:23; 33:17, 19; 34:11; 38:15, 17; 58:13, 15; 79:10, 12; 93:8, 12, 15; 97:11; 98:20; 104:23; 109:11; 112:2, 18, 23; 118:16, 18, 20; 120:3; 123:14, 17, 20informed [1] 92:15 informing [1] 60:19 initial [1] 99:8 initiated [1] 130:16 injured [1] 30:7 inquire [3] 87:10; 89:20; 135:23 inquired [3]

91:21; 117:6, 9 inquiries [12] 30:23; 32:21; 33:8; 45:24; 46:15; 48:22; 59:17, 20; 64:17; 65:11; 67:16; 92:20inquiring [2] 65:7; 78:11 inquiry [13] 24:11; 31:14; 32:16; 33:2; 38:9; 40:11; 60:20; 65:19, 24; 66:7, 12, 20; 79:14inside [4] 41:12, 14; 42:18 inspires [1] 80:9 instance [3] 33:5; 39:2; 131:5 instances [5] 24:3; 32:20, 23; 36:15; 40:14instructed [1] 38:7 instructions [3] 7:15; 22:24, 25 instructs [1] 7:6 interest [2] 31:8; 125:8 interested [3] 25:19; 30:17; 142:16 interesting [2] 31:5; 75:16 interim [2] 20:19, 22 international [1] 42:23 internet [1] 136:16 interview [4] 26:16, 18; 46:10; 137:18 invited [1] 93:20 involve [2] 13:23; 27:20 involved [12] 11:18; 26:14; 35:15, 20; 39:24; 50:2; 67:11; 92:11, 13; 95:6, 15; 116:23involvement [1] 49:20 involving [5] 25:15; 46:21; 101:12; 131:15; 138:3iodice [1] 54:20 irate [1] 82:15 issue [8] 53:9, 24; 55:22; 56:15; 58:16; 59:8; 66:19; 73:12issues [5]

13:21; 25:15; 31:4; 82:16; 95:10item [1] 136:19 items [4] 48:19; 49:4, 22, 23

* * J * *jackson [1] 10:10 james [4] 23:20; 39:6; 63:6; 86:18 january [2] 87:23; 88:9 jared [2] 2:3, 7 jason [1] 2:14 jay [1] 5:8 jersey [1] 131:6 jim [4] 55:4; 60:25; 62:9; 88:25 job [14] 19:2, 4, 6; 23:2; 26:24; 45:5; 48:13; 74:18; 84:21; 93:13; 125:13, 14; 126:7; 131:12jobs [1] 109:9 john [1] 1:7 joint [4] 36:2, 6, 13, 16 jot [1] 9:10 journalists [10] 13:6, 25; 25:7; 27:7, 9; 44:6; 48:23; 49:10, 12; 81:10jpconti [1] 2:17 js [4] 55:5, 7; 61:2; 63:6

* * K * *keep [5] 9:9; 48:24; 53:19; 54:12; 56:19kept [1] 61:15 kevin [4] 20:9; 64:18; 66:22; 70:2 kinds [6] 24:3; 25:4; 37:21; 45:10; 47:14; 49:9knowing [2] 93:22; 117:15 knowledge [33]

24:9; 36:19; 39:13; 40:10; 41:25; 47:4, 24; 49:3, 5; 50:5; 67:12; 74:24; 78:14; 79:5, 6; 83:14, 24; 85:18, 23; 89:23; 93:3, 12, 14; 95:15; 107:23; 110:11, 19; 111:18; 113:18; 115:16; 120:16; 128:10; 139:24knowledgeable [2] 116:4; 131:11 kugler [2] 76:21; 77:24

* * L * *large [3] 15:25; 79:20; 124:18 larger [2] 15:22; 45:15 last [8] 54:23; 87:21; 104:21; 108:22; 109:19; 116:16; 122:23; 134:20lasted [2] 46:15; 134:22 late [4] 5:14; 130:5, 10, 12 latin [1] 8:10 law [2] 5:8; 42:14 lawsuit [2] 6:6, 7 lawyer [1] 138:23 lawyers [3] 102:15, 16; 103:5 leaders [1] 122:24 leadership [1] 25:13 learned [1] 110:15 leave [2] 19:10; 69:9 leaving [1] 69:8 lefkowitz [21] 2:3, 7; 4:5; 31:13; 35:2; 51:9; 53:21; 54:5; 55:10, 18; 70:6, 9; 75:18; 87:7; 97:12; 125:15; 128:5, 21, 24; 136:6; 139:25left-hand [1] 71:12 legal [3] 37:23; 38:3, 12 legitimacy [1] 86:24 let's [7] 9:4; 10:2; 30:22; 35:9; 55:9; 58:9; 64:22

letter [27] 69:21, 25; 70:14, 20, 25; 71:10, 15, 21, 23; 76:19, 20; 77:5; 85:7; 92:5, 8, 16; 113:3, 4, 6; 114:9, 12, 15, 23; 126:8, 14, 19, 21 letters [1] 92:24 level [4] 90:23; 101:14; 104:14; 117:7library [1] 136:16 lie [2] 85:11; 105:6 lied [2] 90:21; 91:5 life [1] 87:23 lifetime [1] 110:5 light [2] 6:2; 29:14 limited [1] 23:5 line [3] 74:14; 95:3; 143:6 lines [1] 41:13 lisa [1] 11:21 list [3] 56:5; 81:22, 23 listed [3] 56:19; 64:9; 81:21 listen [1] 6:9 literature [2] 93:6, 10 lived [1] 72:15 llc [3] 1:23; 11:13; 143:2 llp [2] 2:10; 3:3 local [1] 138:11 located [5] 10:9; 11:24, 25; 14:22; 43:5location [1] 43:12 logistical [1] 47:9 looks [2] 118:20; 134:4 lose [1] 85:3 lost [1] 74:13 lot [6] 27:11, 15; 34:19; 38:20;


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45:17; 84:23loudenville [1] 10:16 lunch [4] 134:2, 3; 135:11, 14

* * M * *main [2] 81:2; 106:12 maintain [1] 84:7 major [2] 87:2, 5 man [7] 72:5; 85:12, 15, 16, 20; 90:20, 25management [1] 30:5 mandate [1] 138:16 manhattan [6] 72:13, 14; 83:22; 84:14; 113:8, 24march [5] 15:3, 4; 21:13; 44:5; 132:22mark [2] 9:4; 127:15 marked [12] 7:24; 9:6; 52:15; 69:20; 75:11; 76:3; 88:13; 112:4; 118:2; 123:23, 25; 127:18marks [1] 89:8 marlon [1] 86:18 marriage [1] 142:16 marshal [2] 48:10, 16 marshals [3] 48:11, 13, 15 martin [1] 36:23 materials [5] 13:24; 26:4; 90:9, 11; 101:10matter [10] 22:12; 25:14; 27:8; 35:19, 22; 38:4; 57:6; 58:4; 101:11; 142:17mattered [1] 84:21 matters [10] 24:21; 27:10; 30:10; 31:3; 32:5; 33:22; 35:12; 37:21, 23; 45:22mature [1] 125:19 maxelrod [1] 3:10 mayor [2] 18:17; 43:21

mcclancey [1] 10:8 meadow [1] 3:6 mean [14] 12:19, 25; 25:9; 35:6; 39:12; 41:11; 56:13; 59:12; 61:6; 72:23; 101:16; 120:19, 25; 136:23meaning [13] 26:6; 38:22; 40:9; 55:7; 59:2; 63:6, 21; 64:11; 78:21; 95:18; 115:20; 118:13; 120:10means [7] 40:23; 54:17; 56:15; 61:12; 62:2; 66:18; 84:15meant [2] 102:24; 125:11 meanwhile [1] 114:8 mechanism [1] 26:8 media [23] 12:24; 13:2; 25:16; 26:13; 27:11; 35:21; 37:25; 38:6; 40:4; 45:13; 46:8; 53:9, 11, 25; 54:4; 55:22; 58:6; 59:9, 11; 87:3, 5; 95:10; 125:13 medication [1] 7:18 meet [2] 24:17; 39:22 meeting [12] 22:9; 67:7; 82:23, 24; 88:6; 93:25; 124:14; 134:3, 8, 14, 19; 135:3meetings [8] 22:2, 16, 18, 22; 93:21, 23; 94:5; 125:14member [1] 50:2 members [14] 22:5, 17; 28:2, 17; 30:3; 46:6, 11; 73:3, 23; 84:6, 23; 100:22; 118:14; 134:5membership [1] 34:22 memo [3] 76:21; 106:9, 16 memorandums [1] 139:17 memory [3] 41:18; 99:22; 119:18 mention [1] 100:2 mentioned [11] 28:8, 18; 39:6; 64:3; 71:5; 92:21; 113:2; 119:24; 131:18, 20; 138:22mentions [2]

102:22; 113:2 merrick [1] 3:5 message [7] 65:2; 68:4; 69:9; 119:5, 8, 9; 134:16method [1] 87:19 metrotech [1] 120:25 michael [11] 3:7; 15:12; 20:20; 37:8, 10; 56:13; 65:24; 96:21; 123:10, 18; 132:18middle [4] 82:17; 112:5; 119:13; 133:16midway [1] 103:22 mike [11] 53:9, 24; 55:21; 56:14; 59:8; 62:25; 64:17; 66:7, 21; 76:7; 105:25mind [2] 50:11; 54:7 mine [1] 77:21 minute [2] 59:25; 82:9 minutes [1] 134:22 minutia [1] 132:4 misinformation [2] 87:4, 6 missed [2] 137:15, 16 mistaking [1] 88:14 mix [1] 27:12 moment [3] 27:22; 136:8, 11 monday [5] 52:16; 53:4; 57:13; 91:24; 109:4monitor [1] 28:3 monsignor [1] 10:8 month [1] 126:22 months [6] 17:8; 20:21; 46:16; 84:13; 127:9morning [35] 5:7; 27:24; 28:9; 30:13, 14, 15; 46:12; 53:4; 56:17, 19; 75:21, 23; 76:25; 77:9; 84:17; 85:11; 86:13, 14; 88:21; 89:15; 94:10; 98:24;

102:13, 23; 103:9; 105:5; 110:9; 119:21; 130:9; 131:23; 133:25; 135:10; 138:22; 139:4, 20motivating [1] 99:14 move [4] 51:9; 75:18; 97:12; 125:15 mr [251] 4:4, 5, 17; 5:6, 7, 21; 8:2; 9:2, 4; 20:5, 10, 13, 18; 21:3; 23:17; 24:14; 26:7, 10, 12, 22; 31:5, 13; 32:6, 9, 17; 33:9, 14, 15; 34:2; 35:2; 37:6, 19, 22, 25; 38:13, 17, 18; 39:4, 10, 22; 40:3; 41:22; 42:8, 21, 22, 24; 51:9; 52:12; 53:21; 54:5, 19; 55:2, 8, 10, 18; 56:23; 57:8, 14, 17, 19, 20, 21; 58:3, 8, 14; 59:2, 3, 5, 12, 13, 15, 17; 60:4, 6, 15, 18, 21; 61:7, 12, 24, 25; 62:5, 11, 13, 15, 18, 20, 25; 63:11, 14, 16, 25; 64:7, 15; 66:2, 14; 67:9; 68:20, 22; 69:5; 70:6, 9, 17, 18, 23; 71:5, 6, 15, 17, 20; 72:9, 12, 17; 73:16, 17; 74:5, 8, 17; 75:18, 20; 81:13; 82:10, 15, 16, 18, 20, 23; 83:17, 21; 84:13, 14, 15, 19;85:11, 19; 86:12, 20, 23; 87:7, 12, 17, 20, 22; 88:22, 25; 89:3, 13, 16, 21; 90:4, 15, 19, 25; 91:5, 11, 25; 92:6, 10, 18, 24, 25; 93:4; 94:9, 13; 95:11; 96:3; 97:9, 12; 98:3, 4, 6, 13, 17, 18, 23, 25; 99:2, 8, 10, 11, 15, 19, 23, 24; 100:4, 8, 10, 15;101:6, 10, 15; 102:2, 17, 20; 105:2, 17, 20, 22; 106:8, 16; 107:9, 22; 109:7, 15; 112:20; 113:5; 114:13, 20; 115:20, 23; 116:5, 20; 117:2, 8, 24; 118:21; 119:13; 120:6, 11; 121:13, 14, 19, 20, 21; 122:2; 123:15; 124:25; 125:10, 15, 23; 126:5, 9, 17; 127:5; 128:5, 18, 20, 21, 24; 135:18; 136:6; 138:21; 139:6, 7, 19, 23, 25; 140:3ms [14] 66:2; 68:3; 77:24; 96:24; 97:8, 16, 19, 20; 98:3, 5, 8; 134:20; 135:21multiple [2] 56:9; 69:11 municipality [1]

88:5 murray [2] 1:6; 111:5 museum [9] 4:12; 64:12; 65:8; 80:10; 89:11; 108:20; 123:25; 124:14; 127:6myself [5] 12:8, 13; 26:22; 28:16; 42:14

* * N * *name [26] 5:7, 16; 8:10; 17:3; 28:11; 36:23; 37:8; 39:6; 49:16; 50:6, 9; 51:13, 19; 71:11, 17; 72:5; 77:6; 81:24; 122:18; 132:18; 135:16, 17; 136:3, 5; 143:4, 5named [1] 8:6 names [2] 27:15; 28:23 nation [1] 28:3 national [1] 138:13 nationally [1] 30:10 nature [11] 38:9; 42:3; 50:19; 51:23; 52:6; 56:22; 65:5; 68:10; 78:7; 127:11; 131:2nearby [1] 42:8 needs [2] 6:21; 45:13 news [19] 1:6; 24:20; 25:16; 29:7, 9, 10; 30:11; 67:23; 77:19; 79:20; 83:10, 11; 126:23; 130:3, 7; 136:20; 137:13; 138:2, 11newsletters [1] 13:10 newspaper [3] 29:10; 49:8; 108:6 newspapers [4] 13:10; 27:12; 130:4; 136:16nexus [1] 38:12 night [4] 57:13; 102:13; 106:24 nine [2] 17:8 nod [1] 6:22 nolan [3] 1:17; 142:7, 22 non-party [1] 3:4

From loudenville to non-party Ellen Grauer Court Reporting(212) 750-6434

www.ellengrauer.com


nonresponsive [1] 97:13 north [2] 43:7 not-for-profit [1] 94:24 notary [4] 1:17; 141:23; 142:8; 143:24notation [22] 53:3, 6; 54:22; 55:21, 24; 56:12; 59:14; 60:2, 23; 61:20; 66:21; 67:21; 91:24; 96:6; 99:5; 100:24; 128:7, 16; 133:17; 134:9; 135:5, 7 notations [5] 59:23; 68:13; 78:2; 111:11, 14note [11] 54:10; 58:5; 59:7, 21; 60:7; 61:11; 62:2; 65:14; 66:16; 67:14; 133:10noted [3] 89:25; 90:5; 140:4 notes [7] 61:15; 62:24; 64:4; 65:22; 67:25; 77:7; 95:25notification [1] 25:24 notifications [1] 129:20 notified [1] 131:17 notify [1] 83:9 november [3] 110:10, 20, 22 number [2] 31:24; 54:18 numerous [1] 29:17 ny1 [1] 26:13 nyp [2] 5:10; 143:4

* * O * *o'clock [3] 61:21; 134:4, 9 oath [3] 7:10, 12; 141:9 object [8] 7:3; 31:13; 35:2; 51:9; 75:18; 87:7; 97:12; 125:15objection [1] 7:4 obligatory [1] 7:17 obscurity [1] 136:24 obtain [1] 10:17

obtained [1] 130:16 obviously [4] 80:16; 88:14; 134:2, 3 occasion [5] 22:20; 37:5, 19; 43:18; 95:9occasions [2] 24:18; 96:14 occupation [1] 5:19 occurred [2] 56:11; 57:11 occurs [1] 94:5 october [3] 18:16; 126:8; 142:19 odd [2] 34:4, 19 offered [1] 110:4 offers [1] 45:20 office [16] 18:11; 60:18; 61:7, 13; 66:11; 68:5, 6; 77:10; 78:14, 15; 120:20; 129:19; 130:17; 134:8, 15; 139:23officer [2] 18:10; 48:7 officers [6] 23:22; 24:4; 35:24; 64:21; 71:8; 74:13offices [1] 11:25 official [50] 51:3; 52:7, 13; 53:10, 25; 55:23; 59:9; 63:18; 64:14; 65:15; 67:9; 74:22; 75:3, 4; 77:10; 79:7; 80:24; 81:5, 15; 83:20; 85:25; 87:13; 89:22, 25; 90:5, 15, 21; 91:5, 10; 104:3, 8; 110:5, 9, 12, 17, 20; 113:9, 14, 25; 114:11; 115:5, 14; 120:11, 15; 121:11, 14; 122:3; 123:7; 126:10, 17officially [1] 83:23 officials [13] 22:4; 95:19; 113:3; 114:9; 115:3, 9; 116:8; 120:13, 19, 23, 24; 121:4, 5oh [10] 9:15; 23:23; 24:2; 28:22; 33:11; 58:10; 72:18; 97:15; 105:19; 111:7okay [25] 8:7, 18; 9:19; 10:2; 34:6; 54:21; 61:24; 69:21; 79:22; 80:7, 13; 86:9; 88:12, 17; 94:12; 106:14; 111:4;

114:20; 119:15; 122:13;124:5; 129:11; 131:19; 132:6; 135:9old [2] 83:21; 84:9 one-page [5] 76:19, 20; 86:18; 106:7; 108:3op-ed [1] 25:12 opens [1] 89:12 operation [2] 47:9; 95:4 operations [2] 25:8; 46:21 opinion [1] 25:12 opposed [2] 24:5; 87:2 order [2] 6:20; 22:22 organization [2] 14:21; 94:25 organizations [2] 126:25; 130:3 original [1] 91:19 originally [2] 88:25; 108:12 outcome [1] 142:17 outlet [1] 46:8 outline [1] 27:5 outlined [2] 7:15; 8:17 outreached [1] 103:14 outright [2] 85:11; 105:6 outside [3] 28:12; 29:23; 44:2 overseen [1] 21:11 oversight [2] 102:20; 138:7 overstepped [1] 85:14

* * P * *p.m. [2] 67:21; 140:4 page [25] 4:3, 21; 8:5, 13, 14; 58:11; 64:4; 67:18; 68:15; 76:4; 80:6; 106:10, 13; 107:6; 108:3, 18; 112:5; 118:4; 119:13; 124:23; 125:9;133:2, 21; 143:6

pages [13] 9:12, 16; 58:17; 68:19; 80:11; 101:21, 23; 108:19, 21, 22; 109:3, 7, 20paper [1] 58:20 paperwork [1] 94:10 paragraph [24] 74:7; 77:4; 80:23; 83:15, 17; 84:12; 85:10, 19, 24; 89:2, 10, 24; 90:18; 103:23; 104:21; 105:4; 113:8; 115:24; 116:7; 121:7, 8;124:20; 125:17 paragraphs [1] 125:4 part [6] 26:24; 63:24; 70:4; 93:12; 115:13; 126:7participate [1] 21:25 parties [2] 69:8; 142:15 party [1] 88:15 passed [1] 46:11 pay [1] 138:9 people [17] 45:17, 19; 46:17; 48:24; 67:7; 72:25; 73:6; 94:16; 100:10; 116:19; 117:21; 129:19; 131:4; 134:24; 136:2; 138:9perceive [1] 106:3 percent [1] 16:14 perimeter [5] 41:9, 10, 11; 42:19; 43:3 period [10] 20:20; 45:6; 46:12, 18; 75:5; 79:8; 81:15; 93:16; 129:12, 13periods [1] 18:12 permission [1] 33:23 persist [1] 104:21 person [13] 16:18; 21:11; 23:14; 26:6; 36:20; 37:18; 41:6; 61:13; 64:13; 65:14; 79:5, 12; 115:11personal [6] 49:5; 82:16; 85:13; 93:7, 11; 95:14personally [6]

13:18; 70:24; 104:23, 25; 119:10; 134:12peter [4] 18:22; 64:19; 69:25; 71:7 phone [8] 2:8, 15; 3:8; 49:14; 57:15; 63:4; 65:4; 68:6phoned [1] 105:5 phonetic [1] 121:2 photog [2] 60:24; 118:4 photograph [5] 108:14, 15; 110:5; 113:16 photographer [60] 51:3; 52:8, 13; 53:10; 54:2; 55:4, 23; 59:10; 63:18, 21, 23; 64:14; 65:15; 67:10, 25; 73:21, 25; 74:22; 75:3, 5, 8; 77:11; 79:7; 80:24; 81:5, 15; 82:24; 83:2, 12, 20; 86:2; 87:13; 89:22; 90:2, 5, 16, 22; 91:6, 10; 104:3, 9; 110:10, 13, 17, 20; 113:8,10, 15, 24, 25; 114:11; 120:12, 22; 121:12, 15; 122:3, 25; 123:8; 126:10, 18photographers [2] 75:6; 113:16 photographs [1] 74:10 photos [4] 108:4; 127:21; 128:3, 11 pick [4] 136:25; 137:17; 138:4 picked [4] 65:3; 68:6; 137:8; 138:12 picks [1] 136:24 pilot [1] 134:11 pinpoint [1] 130:13 place [3] 26:24; 42:13; 67:5 placed [1] 103:23 plaintiff [3] 1:4; 2:4; 5:12 planner [5] 52:19, 20; 132:24; 133:11, 16please [5] 5:15; 6:13; 8:12; 31:18; 132:11pledge [1] 116:9 point [15] 31:21; 35:7; 53:6, 21; 59:5;


From nonresponsive to pointwww.ellengrauer.com


68:14; 95:19; 97:21; 99:9; 102:19; 116:25; 117:6; 129:12, 13, 17police [3] 41:12; 44:2; 48:6popped [2] 105:9; 126:23 pose [1] 6:4 posed [2] 6:13; 66:19 position [3] 16:24; 18:13; 47:15 positions [2] 18:8; 21:6 positive [1] 125:5 post [16] 5:11; 6:8; 64:11; 67:24; 95:23; 100:4, 11, 22; 112:11; 114:5; 115:5, 14; 122:9; 123:13; 124:24potentially [2] 26:16, 18 practice [1] 12:23 preceding [1] 20:13 prepare [2] 25:25; 26:5 prepares [1] 28:8 preparing [3] 113:4, 5; 114:9 present [3] 3:12; 66:24; 74:16 president [26] 12:5, 17; 13:19; 16:25; 17:13; 19:24; 20:5, 10, 11, 17, 19, 23, 25; 21:3; 22:3; 23:10; 24:5; 42:22, 24; 64:15, 20; 71:8, 9; 84:5; 121:21; 132:20president's [1] 78:15 press [74] 18:11; 21:15; 23:3, 4; 25:11, 17, 19, 23, 24, 25; 26:2, 25; 27:6, 17; 29:11; 30:17, 23; 31:14; 32:16, 21; 33:2, 8; 36:2, 6, 13, 20; 41:6; 42:25; 43:3, 11, 14, 20; 44:17, 20; 45:2, 24; 46:15; 47:5; 50:22; 51:5, 24; 54:18; 59:16, 20; 60:20; 67:16; 75:8; 76:22; 77:14, 20; 79:19; 83:5, 19; 85:6; 87:9; 89:6, 20; 90:11; 91:6; 92:20; 102:23; 103:9, 14; 105:5, 12, 13, 14; 113:17;119:23; 126:25; 127:4;

135:23; 136:25presume [1] 130:19 pretty [1] 53:3 prevent [1] 7:19 previous [1] 120:8 previously [1] 132:17 print [2] 13:6; 137:18 printed [3] 58:17, 24; 109:3 printout [1] 108:19 prior [13] 16:23; 17:12; 18:7; 20:18; 21:6; 40:10; 45:12; 51:18; 57:19; 75:22; 86:14; 90:14; 96:13privilege [1] 139:10 problem [6] 55:6; 61:2; 63:7, 8; 73:13, 14problems [1] 73:17 procedure [1] 51:7 procedures [1] 47:6 proceeds [2] 74:9; 116:10 process [6] 35:16; 39:3; 43:24; 92:12, 14; 123:12procure [2] 70:24; 116:25 produce [1] 117:13 profession [1] 11:8 professional [1] 19:4 program [1] 138:2 projects [3] 125:6, 11; 129:20 prosecuted [1] 49:21 protecting [1] 34:21 provide [4] 32:11; 38:17; 109:10; 116:20provided [8] 9:2; 97:8, 10; 107:11; 112:17, 23; 118:16; 120:3provides [1]

32:9 public [15] 1:18; 5:20; 11:8; 13:7; 17:16, 21; 19:8; 36:24; 37:17; 39:24; 74:18; 89:12; 141:23; 142:8; 143:24publication [1] 74:9 publications [1] 13:10 publicity [1] 95:10 published [5] 108:12; 112:13; 113:20; 115:23; 122:21publishers [1] 5:10 pulled [2] 9:17; 58:13 pulse [1] 15:21 purpose [2] 79:14; 86:24 purposes [2] 109:8, 9 pursuant [1] 1:16 pushing [1] 103:7 puts [1] 137:2 putting [1] 133:11

* * Q * *quantify [1] 36:9 quarter [1] 16:6 queens [3] 10:10; 72:9, 15 question [33] 6:11, 13, 14, 15; 7:5, 17; 22:12; 31:17; 32:4, 7, 22, 24, 25; 33:16, 24; 34:3, 4; 38:12; 47:13, 18; 48:3, 5; 51:11; 65:16; 69:23; 77:20; 80:17; 97:13; 100:6, 13; 103:14; 110:23; 113:22questioned [1] 105:13 questioning [1] 135:18 questions [19] 6:4, 9; 7:4, 19; 13:2; 19:20; 34:12; 46:21; 47:14; 48:18, 24; 49:10, 13; 128:22; 136:10; 138:19, 21; 140:2, 3quick [2] 80:10; 118:2

quickly [1] 75:25 quote [1] 85:9 quotes [1] 89:21

* * R * *radar [1] 106:21 radio [1] 13:5 raise [1] 131:9 raises [1] 101:13 rally [1] 43:20 ran [2] 42:11; 89:10 range [1] 16:13 rapid [1] 43:24 rare [1] 108:4 rarely [2] 40:17 re-elected [1] 84:14 read [20] 50:23; 81:11, 18; 86:22; 89:2, 15; 102:25; 103:5, 11; 104:9; 113:7; 116:2; 119:20; 120:9, 19; 122:10, 22; 124:9; 141:8reading [8] 40:6; 49:19; 53:22; 102:8; 112:10, 12; 124:17; 133:10reason [6] 19:16; 50:10; 83:11; 92:20; 133:9; 143:6reasons [2] 43:16; 85:13 reassign [1] 27:13 recall [79] 44:16; 49:25; 52:6; 54:14; 56:16, 22, 24; 57:22; 59:19; 60:12; 62:4; 63:5; 64:2, 23; 65:20; 67:8; 68:2, 11; 69:3, 24; 70:13, 19; 71:16, 22, 23; 76:10; 77:23; 78:4, 7, 20; 82:7, 22; 86:15, 19; 88:6; 91:17; 94:12; 95:16, 21, 24; 96:23; 97:2, 6, 25; 98:2; 99:18; 100:7, 20; 101:5, 9, 24; 102:5, 7; 106:18, 20; 107:8, 16; 108:8, 13, 14, 15, 16; 109:2, 18; 111:8; 114:25;

116:18; 117:11; 119:22; 122:6, 16; 123:13, 17, 19, 21; 124:6; 135:24; 139:12receive [8] 10:20; 28:4; 30:12; 40:7; 45:24; 48:18; 130:2, 20received [13] 32:12; 33:3; 38:8; 59:16, 20; 60:20; 63:3; 102:9, 12; 106:4; 107:17; 129:2; 131:8receives [1] 74:8 receiving [9] 30:18; 33:13, 23; 102:5, 7; 106:18, 20; 129:3; 136:12recess [2] 68:25; 136:9 recognize [5] 112:9; 118:6; 119:16, 17; 122:19recollect [11] 18:2; 57:11; 58:25; 69:14; 91:23; 98:14; 111:12; 116:6; 124:8, 17; 133:7recollection [13] 35:8; 51:20, 21, 25; 57:4; 62:3, 23; 77:3; 98:11; 118:25; 128:14, 17; 129:5recommendation [1] 74:3 recommended [2] 15:9; 132:19 reconstruct [1] 56:10 record [16] 5:16; 35:9, 12; 53:7; 55:11, 19; 85:9; 87:21; 90:22; 108:7; 124:13; 128:5; 132:9; 141:11, 13; 142:13records [2] 57:23; 139:13 recovery [4] 43:22, 24; 47:6; 69:17 reelected [1] 84:19 ref [1] 1:25 refer [15] 38:9; 46:22; 53:11; 54:3; 55:6; 58:5; 59:11; 61:3; 62:24; 63:10; 64:17; 65:24; 66:7, 20; 67:15reference [2] 54:16; 58:22 referenced [2] 115:24; 126:14 references [1] 68:16 referred [7] 57:16; 58:2; 65:25; 96:2, 21; 102:19; 105:19

From police to referred Ellen Grauer Court Reporting(212) 750-6434

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referring [8] 58:12; 85:21; 89:17; 101:21; 103:20; 105:8; 125:2refers [6] 54:16, 19; 60:2; 91:25; 116:15; 126:10regard [2] 6:5; 12:25 regarding [18] 35:12; 45:25; 47:5, 6; 48:18; 51:6; 59:23; 62:15; 77:21; 80:18; 89:4, 11; 94:3; 95:24; 105:23; 109:15; 119:13; 127:5regards [1] 62:5 regurgitating [1] 120:7 relate [2] 64:7; 68:19 related [15] 23:5; 24:21; 27:25; 29:25; 30:2, 3; 32:5; 34:8; 37:23; 38:3; 57:6; 90:9; 126:4; 131:12; 142:14relates [4] 15:18; 24:11; 35:4; 40:12 relating [1] 38:2 relations [11] 5:20; 11:9; 13:8; 17:16, 21; 19:8; 21:15; 36:24; 37:18; 39:25; 74:18relationship [2] 23:9; 72:20 relationships [3] 73:5; 84:7, 25 relayed [2] 79:11; 100:16 release [4] 26:2; 27:6; 29:11; 126:25 releases [2] 36:14; 136:25 relief [1] 84:13 relieved [1] 84:18 remainder [1] 68:17 remains [2] 43:22, 24 remarks [2] 85:17; 89:5 remember [41] 20:4; 38:20; 43:15; 50:19, 25; 52:2; 53:20; 60:13; 62:18; 63:24; 65:5, 9; 66:13; 69:11; 78:16; 79:15; 82:23; 93:23; 97:3, 7;98:15, 16; 102:8; 105:21;

108:11; 109:6; 112:10, 12, 22; 117:16; 118:10, 12; 119:4; 122:20; 123:11; 124:9; 127:4, 11; 134:13;135:20, 22 remind [1] 55:25 removed [3] 49:4; 50:3; 93:15 removing [4] 43:23; 48:19; 49:22, 23 rent [1] 61:8 repeat [4] 6:14; 31:17; 32:25; 100:6 rephrase [3] 31:14; 34:6; 113:22 report [4] 23:10, 11; 99:11; 114:5 reporter [12] 6:19; 31:19; 32:11, 18; 33:21; 35:8; 38:11; 83:3; 91:25; 96:11; 100:4; 142:7reporters [14] 5:11; 13:6; 33:13; 34:8, 10, 24; 35:4, 10, 12; 38:21; 100:5, 10, 17, 23reporting [3] 1:23; 136:22; 143:2 represent [7] 5:9; 14:18; 48:11; 84:3, 4; 132:7, 15representative [3] 48:16; 84:23; 130:24 represented [4] 15:15; 35:25; 36:3; 91:12 representing [2] 15:2; 102:17 request [4] 46:8; 95:21; 96:20 requested [2] 127:21; 128:3 requests [10] 8:14, 17; 23:4; 34:15, 17, 19; 44:17; 45:14, 21require [1] 33:8 required [1] 7:5 rescue [1] 69:16 research [1] 109:8 respond [4] 6:10; 32:23; 109:12; 139:11responded [2] 34:16, 18 responder [1] 42:15 responding [2] 77:8; 118:13

response [7] 6:21, 23; 13:2; 33:10; 78:16; 106:9, 17responsibilities [2] 12:17; 13:20 responsive [2] 9:23; 51:10 rest [1] 8:10 result [4] 58:7; 59:15; 81:17; 82:17 retained [2] 4:17; 84:3 retainer [1] 16:21 retire [1] 85:3 return [1] 84:25 review [8] 30:15; 90:9, 11; 92:8; 97:17; 112:4; 124:3; 137:12reviewed [4] 118:9; 119:19; 122:21; 139:3reviewing [11] 31:2; 75:13; 80:12; 86:8; 88:16; 112:7; 118:5; 119:14; 122:12; 124:4; 128:6right [28] 6:2; 9:3; 14:7, 15; 28:3, 19; 35:23; 48:3; 51:24; 52:21, 24; 53:23; 55:14, 20; 56:25; 70:12; 72:22; 76:6; 93:7; 96:4, 18; 98:9; 99:7, 11; 114:14; 116:18; 117:18right-hand [2] 71:18; 118:3 role [2] 109:23; 110:4 roles [1] 13:4 room [2] 7:3; 66:18 roughly [1] 14:2 rubble [1] 47:10 rubenstein [4] 17:14, 19; 18:7; 21:10 rudy [4] 72:5; 73:19; 82:14; 84:10 rules [1] 47:6 run [1] 103:15 running [1] 78:11 runs [1] 56:20

* * S * *safe [1] 42:13 safety [2] 34:22; 131:12 sale [1] 74:9 samuel [1] 49:16 sanfilippo [15] 72:6, 9, 17; 73:16, 20; 74:5; 82:14, 16, 18; 84:10, 14, 19; 115:20, 23; 116:5sanitation [1] 131:8 saturday [1] 133:7 saying [3] 39:3; 120:14; 137:9 scam [1] 112:6 scene [2] 47:22; 85:16 school [5] 10:4, 6, 8, 23; 43:8 science [1] 25:10 scope [1] 23:6 screen [1] 106:21 search [8] 8:22; 28:20; 29:5, 6; 136:14, 15; 139:13searching [1] 47:10 second [7] 28:8; 60:2; 68:15; 80:6; 103:17; 115:13; 118:4secretary [4] 54:20; 60:5, 6; 70:23 section [3] 29:7; 109:19; 111:3 seek [2] 27:4; 44:23 seeking [2] 31:24; 38:16 seeks [1] 94:25 selected [1] 130:7 send [9] 25:22, 23; 59:17; 97:21; 113:4, 6; 114:9; 117:2; 130:7sending [1] 98:19 sends [2] 29:11; 130:22 senior [1]

16:25 sense [1] 48:9 sentence [9] 85:25; 87:22; 102:14, 21; 103:2, 4, 5, 17; 122:23separate [1] 56:4 september [18] 1:13; 4:14; 18:15; 40:18; 41:2, 19, 21, 24; 44:10, 12, 25; 45:11, 12; 127:17, 20; 128:4, 15series [1] 138:19 served [1] 20:20 service [14] 8:6; 28:6, 10, 12; 29:10; 77:19; 79:21; 129:6, 15; 130:7, 15; 136:24; 137:10; 138:3service's [1] 28:11 serving [1] 52:12 seven [1] 30:14 shaitberger [1] 42:24 share [3] 74:11; 100:3, 9 she's [3] 82:2; 96:11; 123:18 sheet [3] 76:13, 15; 143:1 shooting [6] 82:11, 25; 83:4, 8, 13; 110:8shorthand [1] 142:7 show [16] 7:22; 40:15; 69:19; 70:25; 75:10, 25; 86:6; 88:12, 20; 112:3; 114:17; 117:25; 119:11; 122:8; 123:22; 127:14shows [1] 116:17 sienna [2] 10:14, 17 signature [1] 94:15 signed [2] 77:6; 141:19 significant [2] 16:4; 30:9 single [1] 113:17 sir [21] 75:24; 76:23; 80:20; 90:7,


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17; 93:17; 104:18; 105:3; 110:14, 18, 22, 25; 112:8; 119:25; 120:5; 125:24; 129:24; 132:25; 133:19;135:19; 138:24 siren [1] 42:11 sit [2] 125:18, 22 site [6] 40:24, 25; 44:21; 50:4; 93:9, 16sits [1] 48:16 situation [2] 50:3; 51:8 six [5] 8:5, 16; 20:12; 44:10; 127:9slander [4] 102:22; 103:8, 11; 104:24 slandering [1] 104:22 slanderous [5] 84:16; 85:6, 17; 89:5, 8 slevin [5] 64:15; 65:23; 66:7; 70:18 slightly [1] 45:11 sole [1] 125:13 somebody [13] 15:9; 26:19; 28:7; 29:11; 46:9, 22; 49:15; 70:25; 71:2; 78:2; 83:18; 92:15; 99:2someone [10] 26:20, 22; 40:11; 78:4; 79:16; 82:5; 92:18; 117:7, 24; 132:15somewhere [3] 16:13; 18:3; 64:9 sophie [3] 1:17; 142:7, 22 sorry [8] 5:13; 67:19; 72:14; 97:20; 100:12; 106:10; 108:2; 128:17sort [9] 16:12; 25:10; 34:4; 39:14; 54:5; 58:3; 98:19; 130:4; 133:20sound [1] 81:24 source [7] 87:11; 89:21; 91:7; 100:19; 105:14; 139:23sources [1] 79:10 space [2] 61:9, 23 speak [26]

22:12, 15; 24:14, 17, 23; 31:12; 33:5, 9, 12, 22; 34:24; 35:11; 37:22; 42:25; 46:5, 9; 53:9, 24; 55:21; 56:14; 57:21; 59:8; 66:8; 71:20; 105:17; 123:18speaker [1] 18:19 speaking [14] 12:16; 13:24; 24:13; 33:21; 34:13; 35:8; 38:6; 57:19; 98:7, 16; 100:21; 107:16; 128:14; 135:20speaks [2] 16:18; 40:4 specific [6] 16:17; 47:18; 66:13; 68:16; 107:23; 111:17specifically [7] 25:4; 67:8; 69:3; 73:17; 80:21; 107:17; 112:22spent [2] 16:3, 7 spoke [27] 56:15, 16; 59:15; 60:9, 11; 64:23; 68:3, 6, 7; 70:13, 17; 71:14; 77:25; 78:12, 21; 81:20; 82:5; 86:20; 96:16; 99:9; 100:7, 21; 101:6; 111:9; 119:2; 135:16, 17spoken [9] 25:2; 32:17; 56:13; 79:16; 82:3; 96:13; 99:23; 111:5; 139:2spokesman [3] 46:4; 91:13; 121:3 spokesperson [1] 77:8 spollen [33] 23:20; 26:10, 22; 32:6, 9, 17; 33:14; 39:7, 22; 40:3; 55:2, 8; 60:23; 61:5, 12, 24, 25; 62:5, 15, 18; 63:7, 16, 25; 64:14; 65:23; 66:7; 70:17; 86:18, 20; 89:2; 107:22; 117:24spollen's [1] 61:7 spreading [1] 104:22 ss [2] 141:4; 142:4 staff [3] 12:10, 12; 39:15 staggering [1] 45:8 stamped [2] 79:25; 101:8 standard [1] 60:22 start [4]

5:14; 12:20; 14:24; 15:6 started [7] 21:4; 40:19; 53:22; 129:3, 14, 23; 130:6starting [3] 18:5; 21:13; 130:5 starts [1] 103:23 state [7] 1:18; 5:15; 59:14; 141:3, 23; 142:3, 8stated [8] 67:11; 74:21; 87:10; 89:19; 111:2; 118:22; 126:2; 127:7statement [21] 81:3, 6, 12, 18; 82:9; 83:25; 86:4; 87:25; 113:11, 19; 114:4; 115:7, 17; 116:13; 120:17, 18, 21; 121:5; 123:3, 5states [10] 74:8; 84:12; 85:25; 89:24; 90:19; 113:23; 114:7; 115:13; 124:20; 125:17station [5] 87:23; 88:4, 5, 7; 137:17 stay [1] 22:14 stayed [1] 43:3 steadman [2] 36:23; 37:6 step [1] 136:7 stephanie [7] 1:6; 67:23; 101:2; 111:13, 20, 24; 118:23stephen [2] 19:25; 23:12 stepped [1] 110:3 stop [1] 114:10 stopping [1] 43:22 stories [8] 26:25; 40:7; 49:7, 19; 111:22; 112:2; 131:6story [30] 27:5, 6, 22; 38:24; 50:21, 25; 51:6; 52:6; 57:11; 65:7; 77:18, 21; 78:10; 87:11; 89:11, 15, 21; 99:15; 103:15; 105:9, 11, 14;108:17; 113:23; 119:6; 121:16; 123:11; 136:4; 138:2, 11strategic [1] 25:15 street [7] 1:23; 2:5; 12:2; 43:6; 61:8,

10; 143:2strike [5] 51:10; 75:19; 97:13; 110:3; 125:16structure [1] 21:23 studio [1] 26:23 stuff [2] 57:25; 136:24 stuyvesant [1] 43:8 subject [10] 26:2; 64:21; 66:12, 15, 23; 109:11; 124:14; 127:21; 136:18, 19subjects [1] 123:10 subpoena [6] 1:17; 4:9; 7:24; 8:9; 9:24; 58:20subscribed [2] 141:19; 143:22 subsequent [2] 91:19; 92:24 substance [1] 105:21 sue [1] 104:23 sued [2] 5:11; 104:25 sum [2] 9:22; 117:12 sunday [5] 57:13; 77:15; 89:14; 101:19; 133:7supply [1] 137:4 supposed [1] 100:18 surprise [1] 40:16 surprised [2] 104:7, 10 surviving [1] 95:2 suson [87] 1:3; 3:13; 5:12; 6:7; 50:7; 51:13, 19; 52:12; 57:14, 19, 21; 61:25; 62:11, 13, 16, 20, 25; 63:11, 14, 18; 64:7; 67:9, 16; 68:20; 69:5, 15; 74:8, 17, 22; 77:5, 6; 80:19; 81:4, 13; 82:20, 23; 83:17; 85:19; 86:19; 87:12, 17, 20; 88:25; 89:16, 21; 90:4, 15, 25; 91:5, 11; 92:6, 25; 93:4, 19; 94:3, 7; 95:11, 24; 96:17; 98:18; 99:19, 24; 102:2, 17; 105:2; 106:8, 16; 109:15; 110:2, 3; 114:10;

115:5, 14; 116:8; 117:8; 119:13; 120:11, 14; 122:24; 124:25; 125:10, 23; 126:9, 17; 127:5; 135:21; 143:4suson's [6] 58:14; 62:5; 94:13; 98:13; 116:20; 121:14sworn [3] 5:2; 142:12; 143:22

* * T * *talk [2] 32:18; 73:20 talked [7] 73:24; 81:4; 115:18; 128:25; 129:2; 136:12, 13talking [7] 42:19; 70:6; 82:21; 85:19; 103:2, 10; 131:3talks [1] 112:25 task [1] 48:25 tasks [1] 25:5 tbutler [4] 102:3; 106:8; 124:15; 127:22team [1] 136:2 technology [1] 137:21 telephone [3] 54:18; 69:4; 133:18 television [3] 13:5; 138:2, 12 telling [2] 123:15, 17 tells [1] 32:13 ten [1] 36:11 tend [2] 27:12; 32:6 tenfold [1] 45:14 tent [1] 43:14 term [4] 29:5, 12; 35:3; 40:22 terms [5] 20:11; 23:15; 28:21; 89:17; 117:17testified [1] 5:3 testimony [6] 6:20; 98:2; 138:20; 141:9, 12; 142:13text [2] 9:17; 139:15 thank [1]

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88:12 thanks [2] 7:22; 128:19 theatrical [1] 110:4 then-ufoa [1] 42:22 there's [25] 7:4; 27:11, 15, 24; 28:7, 10; 31:8; 38:19; 41:25; 54:15, 22; 58:10; 59:10; 60:23; 65:14; 67:20; 68:18; 91:23; 96:5; 106:6; 115:12; 118:18, 19; 137:22they're [8] 28:15, 16; 30:25; 31:24; 34:13; 38:16; 79:20; 82:25they've [1] 31:8 third [11] 1:11; 2:12; 60:23; 61:9; 74:7; 84:12; 90:18; 114:8; 120:10; 121:6, 8third-parties [1] 118:13 thomas [12] 1:16; 4:2, 13; 5:17; 21:2; 127:16, 19; 132:20; 141:7, 16; 142:10; 143:5thousands [4] 44:4; 48:22; 116:10 threat [3] 101:12, 17; 106:3 threatening [2] 57:14; 63:4 three [16] 9:16; 20:21; 22:11; 29:19; 39:20; 41:8; 58:11, 18; 66:17; 80:11; 104:4; 107:7; 108:19, 22; 109:20; 117:2three-page [1] 139:14 timely [1] 31:25 times [12] 22:12, 21; 24:24; 38:21; 41:8, 16; 75:9; 82:3; 83:10; 99:23; 108:8; 136:4tiny [1] 136:25 title [17] 12:3; 67:19; 85:12; 104:2, 8, 12, 17; 112:6; 113:2; 115:4, 10, 11, 12; 121:14; 126:17, 24; 127:10to-do [1] 56:5 today's [1] 6:3 tom [4] 11:15; 76:7; 77:8; 89:6

top [5] 55:21; 67:19; 106:12; 110:2; 133:20topic [2] 31:15, 20 topics [3] 29:23; 34:8; 40:8 total [3] 9:22; 20:12; 117:12 towards [4] 100:25; 104:20; 110:2; 133:20towers [1] 134:12 town [1] 88:5 track [3] 27:17; 48:24; 129:20 trade [1] 40:25 trailer [3] 80:4; 106:13; 107:7 training [1] 11:2 transcript [2] 141:8, 10 transfer [4] 87:23; 88:3, 4, 7 trip [1] 42:3 true [4] 29:21; 141:11, 13; 142:12 truly [8] 42:9; 93:2; 108:13; 126:15; 129:14, 22; 134:21; 135:22trustee [4] 72:10, 15; 83:22; 84:15 trustees [2] 23:24; 24:4 truthful [2] 7:12, 20 tsn [1] 1:9 tuesday [2] 64:8 tv [3] 27:12; 137:17, 18 twelve [1] 14:16 two-page [1] 106:11 type [1] 22:2 types [2] 34:17; 46:25 typical [1] 51:7 typically [3] 81:9; 136:21; 138:7

* * U * *ufa [96] 14:25; 15:6, 13, 19; 16:17, 21; 21:4, 8, 15, 17, 20; 22:8, 17; 23:4, 7, 15; 25:4, 19; 26:5, 9; 28:25; 30:18, 19, 22; 31:20; 32:5, 24; 33:4, 6, 13, 21, 23; 34:8, 9; 35:12, 16; 36:14; 37:14, 16, 18; 38:2; 39:19; 40:4, 8, 12; 41:7; 45:2; 48:11; 50:2;52:13; 53:10, 24, 25; 55:22; 59:9; 63:18; 64:14; 65:15; 67:8, 10; 74:17, 20, 23; 75:2, 4; 81:6; 82:6; 84:23; 86:2; 90:2, 10; 93:18; 94:18, 23; 95:12, 18; 98:9; 99:2; 103:24; 110:13, 17; 121:15; 126:11; 128:8; 131:15, 17, 19; 132:7, 14; 136:18, 21; 137:5, 13, 23; 138:3ufa's [1] 96:21 ufoa [4] 36:14, 19; 90:2; 126:11 undergrad [1] 11:2 underneath [1] 54:16 understand [10] 6:12, 25; 7:11, 14; 34:2; 48:8; 56:6; 62:22; 121:17; 132:5understanding [4] 121:19, 25; 122:4; 134:10 understood [1] 6:16 uniformed [24] 14:18; 15:2; 19:20; 28:24; 29:12, 25; 35:24; 37:11; 50:17; 51:4; 52:8; 63:21; 64:16, 20; 71:8; 72:10; 77:11; 78:12; 80:25; 87:13; 103:25; 104:4; 109:24; 110:6union [63] 14:21; 22:4; 23:3, 22, 25; 24:5; 25:5, 13; 27:10, 18; 31:4, 12; 34:14, 20; 39:25; 42:5; 45:20; 46:5; 47:19; 48:15; 73:22; 77:8, 22; 79:6; 81:2, 9, 14; 82:13; 84:4; 85:13; 92:5; 103:16; 105:16; 107:14; 113:3, 10, 14; 114:2, 8; 115:3; 116:8; 118:19, 21; 120:6, 12, 22; 121:4, 5, 10, 11, 22; 122:24; 125:14; 126:13, 18; 129:25; 130:2, 6, 16, 18,

19; 132:14, 21union's [1] 116:24 unions [1] 30:3 unmerited [3] 102:22; 103:8, 11 unsure [1] 85:22 unusual [1] 51:8 unwarranted [1] 77:9 updated [2] 28:22, 25 upset [1] 43:21 upstairs [1] 66:10

* * V * *vallone [1] 18:22 variable [2] 24:22; 39:5 varies [2] 14:4; 24:15 variety [1] 111:21 vary [1] 16:8 vehicles [1] 25:22 vendetta [1] 85:13 verena [2] 81:24; 135:17 version [1] 137:18 versus [1] 69:8 vice [3] 16:25; 17:13; 64:15 victims [1] 118:14 video [2] 137:20, 24 vigil [1] 44:5 visit [2] 43:16; 61:12 voiced [1] 104:5 voicemail [4] 60:11; 68:5; 119:9; 134:17 volume [2] 45:13; 124:18 von [3] 21:2, 3; 132:20 vote [1] 94:2

* * W * *wait [1] 6:10 wall [1] 2:5 wanted [7] 19:15, 18; 45:17; 46:8; 73:24; 78:18; 79:9wanting [1] 110:7 wants [1] 130:20 war [2] 83:21; 84:9 watch [2] 137:20, 23 ways [1] 27:21 we'd [1] 6:23 we'll [3] 59:25; 123:22; 127:15 we're [4] 6:4; 27:24; 50:10; 137:6 we've [9] 25:2; 36:11; 68:23; 75:6, 7; 113:14, 15; 121:11; 123:7website [8] 9:18; 29:10; 58:13, 14; 109:22, 23; 139:14, 15wednesday [3] 67:20; 111:15, 16 week [7] 24:16; 30:14; 42:20; 68:13, 17; 70:5week-to-week [1] 16:9 weekend [3] 57:12; 99:16; 133:12 weekends [1] 133:13 weeks [2] 44:10; 89:12 weiss [2] 1:6; 111:6 welcome [1] 83:5 weren't [1] 104:16 west [1] 43:6 what's [5] 15:25; 24:20; 30:11; 111:2; 117:25whereof [1] 142:18 wherever [1] 88:8 who's [1] 81:21


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* * Y * *yeah [35] 12:20; 17:11; 20:16; 25:21; 26:11; 31:10; 32:14; 37:4; 45:8; 46:3; 50:21; 55:17; 61:19; 64:5, 8, 25; 70:12, 15; 71:3, 13; 92:17; 95:20; 106:5; 109:17; 117:15; 120:22; 122:7; 123:7, 16; 131:24; 132:4, 5; 135:8year [5] 18:23; 36:8; 126:22; 127:9; 129:17years [24] 14:15, 17; 17:25; 20:12; 22:10; 27:15; 28:23; 29:2, 17, 18, 19; 36:3, 10; 39:20, 21; 54:13; 62:21; 82:2, 4; 96:12; 104:5; 113:13; 125:7; 126:22yesterday [1] 89:5 york [50] 1:1, 2, 11, 18, 24; 2:6, 13; 3:6; 5:11; 6:8; 8:11; 10:16; 12:2; 15:8; 18:10, 20; 27:12, 25; 30:4; 34:23; 46:5; 52:9; 64:11; 83:10; 95:23; 100:11, 22; 106:17; 108:8; 122:9; 130:23, 25; 131:8; 132:3, 13; 137:4; 138:9, 10, 11; 141:23; 142:9; 143:3you'd [2] 49:10; 59:17 you've [9] 6:16; 9:21; 14:14; 19:7; 32:17; 33:3; 40:9; 56:13; 139:2yourself [2] 13:16; 55:24 yup [1] 61:4

* * Z * *zero [50] 4:11; 40:23; 41:3, 5; 42:7, 18; 43:16; 44:5; 45:25; 46:22; 47:7, 10, 22; 48:20; 49:4, 22, 24; 50:4; 55:3;

60:24; 63:19; 64:12; 65:8; 67:24; 69:16; 73:21; 74:23; 77:11; 80:24; 81:5; 82:11; 83:23; 86:2; 87:24; 88:10; 90:2, 6, 16; 93:5; 103:23; 104:3; 108:4, 20; 110:6; 121:15; 122:3; 123:25; 124:14; 126:11; 127:6zone [2] 41:12, 14

From whoever to zone Ellen Grauer Court Reporting(212) 750-6434

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Date post:	01-Dec-2015
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Thomas B. Butler, Deposition/Lawsuit NY Post, Butler PR, U.F.A./FDNY

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