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
BSA XMAX(1/1)
GARY SUSON
VS. NYP HOLDINGS, INC.

Page 1
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
CIVIL COURT OF THE CITY OF NEW YORK

COUNTY OF NEW YORK
--------------------------------------x
GARY SUSON,
Plaintiff,
-againstNYP HOLDINGS, INC., NEWS AMERICA INCORPORATED,
CYNTHIA R. FAGAN, MURRAY WEISS, STEPHANIE
GASKELL, and JOHN DOES 1 AND 2,
Defendants,
INDEX NO.: 3000605 TSN 2006
--------------------------------------x
(11)
(13)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(3)
CERTILMAN, BALIN, ADLER & HYMAN, LLP
(4)
Attorneys for Non-Party Witness

90 Merrick Avenue
(5)
East Meadow, New York
(6)
BY:
(7)
10:22
PHONE
(9)
FAX
516-296-7111
E-MAIL
maxelrod@cbah.com
(11)
September 27, 2007

a.m.
(13)
(12)
516-296-7172
ALSO PRESENT:
GARY SUSON
(14)
(15)
Deposition of THOMAS P. BUTLER, pursuant

to Subpoena, before Sophie Nolan, a Notary
Public of the State of New York.
(16)
(17)
(18)
(19)
(20)
(21)
ELLEN GRAUER COURT REPORTING CO. LLC

126 East 56th Street, Fifth Floor
New York, New York 10022
212-750-6434
Ref: 85164
(23)
(24)
(25)
(22)
(23)
(24)
(25)
Page 2
(1)
A P P E A R A N C E S:
Page 4
------------------- I N D E X -------------------
(1)
(2)
(2)
WITNESS: THOMAS P. BUTLER
(3)
JARED M. LEFKOWITZ, ESQ.
(3)
EXAMINATION BY
(4)
Attorney for Plaintiff
(4)
MR. CONTI
48 Wall Street, 11th Floor
(5)
MR. LEFKOWITZ
New York, New York
10005
(6)
JARED M. LEFKOWITZ, ESQ.
(7)
(5)
(6)
(7)
(8)
BY:
PHONE
917-887-3920
(9)
(10)
HOGAN & HARTSON, LLP
(11)
Attorneys for Defendants
(12)
875 Third Avenue
(13)
New York, New York

BY:
EXHIBIT
185
JASON P. CONTI, ESQ.

212-918-3000
DESCRIPTION
(10)
Appointment book
(11)
187
E-mail from the Ground Zero
(14)
(15)
1, 2005
(16)
FAX
212-918-3643
(16)
(17)
E-MAIL
jpconti@hhlaw.com
(17)
7
9
123
E-mail from Thomas P. Butler

to Cynthia Fagan on September
PHONE
FOR I.D.
Museum
188
(13)
(15)
128
Subpoena
186
(12)
10022
PAGE
---------------- E X H I B I T S ----------------
(8)
(9)
(14)
11554
MICHAEL C. AXELROD, ESQ.
(8)
875 Third Avenue

New York, New York
(12)
(Cont'd)
(2)
(10)
(10)
(14)
(15)
Page 3
A P P E A R A N C E S:
(1)
127
(EXHIBITS RETAINED BY MR. CONTI)
(18)
(18)
(19)
(19)
(20)
(20)
(21)
(21)
(22)
(22)
(23)
(23)
75
(24)
(24)
125
(25)
(25)
Ellen Grauer Court Reporting

(212) 750-6434
----------------- M O T I O N S ----------------PAGE
www.ellengrauer.com
51
Page 1 to Page 4
BSA XMAX(2/2)
GARY SUSON
Page 5
(1)
(2)
(3)
Page 7
(1)
T H O M A S P. B U T L E R, called as a
witness, having been first duly sworn,
was examined and testified as follows:
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(4)
EXAMINATION BY
MR. CONTI:
Q. Good morning, Mr. Butler. My name
is Jay Conti. I'm with the law firm of Hogan &
Hartson. We represent the Defendants in this
case, NYP Holdings, the publishers of the New
York Post and the reporters who have been sued
by Gary Suson, the Plaintiff in this case. I
appreciate you coming down today and sorry for
the late start.
Could you please state your full
name and address for the record?
A. Sure. Thomas P. Butler,
B-U-T-L-E-R.
Q. And what is your occupation?
A. Public relations.
Q. Mr. Butler, have you ever had your
deposition taken before?
A. No.
Q. This is the first time?
A. Yes.
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Q. Your attorney and other attorneys

here in the room may object to certain
questions that I ask. If there's an objection,
you're required to answer the question unless
your attorney instructs you not to.
A. Yes.
Q. We can take breaks any time that
you want, just let me know. Also, all answers
that you are giving here today are under oath.
Do you understand that because you're under
oath all answers must be truthful?
A. Yes.
Q. Do you understand these general
instructions that I've outlined?
A. Yes, I do.
Q. One final obligatory question, are
you taking any medication or drugs that would
prevent you from answering the questions in a
truthful fashion?
A. No, I am not.
Q. Thanks. I'm going to show you a
document here.
(Exhibit 185, subpoena, marked for
identification.)
Page 6
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Page 8
(1)
Q. All right. In light of that, I'm

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

document before?
A. I've only seen the first -- the
cover page, up to page six. I've not seen the
attachment named "Affidavit of Service."
Q. Okay. Fair enough. And the
document, could you just describe what it is?
A. It says "Subpoena" and then the
rest is in Latin with my name on it, "Civil
Court City of New York, County of New York."
Q. Fair enough. If you could please
turn to page four on the bottom. Do you see
where it says on page four "Document Requests"?
A. Yes.
Q. And on four, five and six, there
are several requests outlined -A. Okay.
Q. -- asking for you to look for
documents. Do you see that?
A. Yes.
Q. Did you search for documents?
A. I did.
Q. Did you find any documents?
A. I found two documents which I
www.ellengrauer.com

(212) 750-6434
BSA XMAX(3/3)
GARY SUSON
Page 9
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Page 11
(1)
provided to Mr. Axelrod.

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

degree?
A. Not particularly.
Q. Did you take any additional classes
or anything?
A. No.
Q. You said your profession is public
relations?
A. Correct.
Q. What is your current -- who is your
current employer?
A. Butler Associates, LLC.
Q. Is the "Butler" in the Butler
Associates Tom Butler?
A. Yes, it is.
Q. Are there any other Butlers
involved?
A. There are others, yes.
Q. Who?
A. My wife, Lisa.
Q. And did you found this associate?
A. I did.
Q. Where are you located?
A. Our offices are located at 204 East
Page 10
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Page 12
(1)
Q. Okay. Let's go into your

background a bit.
Did you graduate from high school?
A. Yes, I did.
Q. What high school did you graduate
from?
A. Monsignor McClancey High School.
Q. Where is that located?
A. Jackson Heights, Queens.
Q. And did you attend college?
A. I did attend college.
Q. What college did you attend?
A. Sienna College.
Q. And where is that?
A. Loudenville, New York.
Q. Did you obtain a degree from Sienna
College?
A. Yes, I did.
Q. What degree did you receive?
A. A Bachelor of Arts in economics.
Q. And after college, did you take any
graduate school work?
A. I did not.
Q. Have you ever had any other kind of

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
23rd Street, New York, New York 10010.

Q. What is your title at Butler
Associates?
A. President.
Q. How many employees does Butler
Associates have?
A. Including myself?
Q. Yes.
A. We have four staff.
Q. Including you there are four
individuals on staff?
A. Including myself.
Q. Are they all full-time employees?
A. No, no.
Q. Generally speaking, what are your
duties and responsibilities as president of
Butler Associates?
A. Do you mean the firm itself?
Q. Well, yeah. Why don't we start
first with the firm. What in general does the
firm do?
A. The firm's practice is to deal with
media on behalf of its clients.
Q. In that regard, you mean
www.ellengrauer.com
Page 9 to Page 12
BSA XMAX(4/4)
GARY SUSON
Page 13
Page 15
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
coordinating response to media questions for

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

Firefighters Association on or about March
of -- on or about March of 1996.
Q. How did it come about for you to
start working with the UFA?
A. I got a call from a former
colleague at New York City Hall, who identified
that they needed somebody and had recommended
me.
Q. And who was that?
A. Michael Clendenin.
Q. Since 1996 have you worked for UFA
continuously?
A. I have represented them
continuously.
Q. If you had to estimate, how much of
your work at Butler Associates relates to the
UFA?
A. That's something that I really
can't put a pulse on that.
Q. Is it one of your larger clients?
A. It's hard to determine. You
know -- you know, it's hard to determine.
What's a large client? Is it by hours
Page 14
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Page 16
(1)
Q. Roughly how many clients would you

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

Q. I guess by time spent.
A. There is a significant time
expenditure.
Q. Would you say more than a quarter
of your time is spent on that client?
A. I can't. It would vary by
week-to-week, so it would be -- I couldn't give
you an accurate estimate.
Q. If you were to think about it as
sort of an annual concept?
A. Somewhere probably in the range of
possibly up to 20 percent.
Q. At Butler Associates do all
employees work with all clients or are there
specific contacts with the UFA? Are you the
only person who speaks with them?
A. Generally, yes, unless I'm in a
deposition.
Q. Are you on retainer with the UFA?
A. Yes, I am.
Q. Prior to founding Butler
Associates, what position did you have?
A. I was a senior vice president at
www.ellengrauer.com

(212) 750-6434
BSA XMAX(5/5)
GARY SUSON
Page 17
Page 19
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
another agency.
Q. What was the name of that agency?
A. Dan Clores Associates.
Q. How long were you at Dan Clores
Associates?
A. I was probably there -- I was there
about nine months, eight or nine months.
Q. That would have been 1995 into
1996; is that correct?
A. Yeah, it would have been.
Q. Prior to Dan Clores Associates?
A. I was -- I was a vice president at
the firm Howard J. Rubenstein Associates.
Q. I don't think I asked you, Dan
Clores Associates, is that a public relations
company?
A. Yes, it is.
Q. How about Howard J. Rubenstein
Associates is that also -A. That is also a public relations
agency.
Q. About how long were you at that
agency?
A. Four, four and a half years,
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Q. Your first job after college, you

went to work for City Hall?
A. That was my first professional job,
yes.
Q. Is it fair to say every job that
you've had since you graduated from college is
in the public relations field?
A. That is accurate.
Q. And in 1996, did you leave Dan
Clores Associates to found your own
association?
A. I did.
Q. Why did you decide to do that?
A. Because I wanted to.
Q. Is there any particular reason that
you left Dan Clores Associates?
A. I wanted better challenge.
Q. I'm going to ask you a couple of
questions about the Uniformed Firefighters
Association.
A. Sure.
Q. Do you know who the current
president is?
A. Yes, Stephen J. Cassidy.
Page 18
Page 20
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
approximately. I don't recollect fully.

Q. Somewhere around 1990 to 1995; is
that fair to say?
A. Probably about -- starting probably
1991.
Q. Prior to Howard J. Rubenstein
Associates, did you hold any other positions?
A. Yes, I was a communications
officer, communications assistant, at New York
City Hall in the press office.
Q. What time periods did you hold that
position?
A. I worked there from probably about
September -- August or September of 1989
through probably about October or so of '91.
Q. Were you working for the mayor at
that time?
A. No, I was working for the speaker
of the New York City counsel.
Q. Who was that?
A. Peter F. Vallone.
Q. What year did you graduate from
college?
A. 1989.

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Q. When was he elected?

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

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

union is to communicate to the press and to
communicate the press' requests to the UFA or
anything related to that. So, it's limited in
scope to that.
Q. With whom at the UFA do you have
the most close -- well, the closest working
relationship?
A. I report to the president.
Q. So, at this time you report to
Stephen Cassidy?
Q. Is he the person you have the most
contact with at the UFA in terms of day -- or
communications?
A. It would be Mr. Cassidy and also
his executive assistant.
Q. And who is that?
A. James Spollen.
Q. Did you ever work with any of the
other officers of the union?
A. Oh, sure.
Q. Did you ever work with the trustees
of the union?
Page 22
Page 24
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
its meetings. I don't have that type of

access, but the board has a president and all
the elected officials to the union as its
members.
Q. Are on the board?
A. That's correct.
Q. Have you ever attended a UFA board
meeting?
A. In my eleven years, I've been
called in, you know, maybe -- maybe three, four
times to speak or answer a question on a matter
and then depart. So I never -- I was never
given access to stay for more than just what I
needed to speak on.
Q. Following board meetings, do any
members of the UFA tell you what happened at
the meetings, give you any briefing?
A. No, that's not my capacity.
Q. Did you ever have occasion to
discuss at certain times what might have
happened at certain board meetings in order to
complete your duties?
A. Well, if I've given instructions,
you know. If I'm given instructions as to do
Page 21 to Page 24
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
A. Oh, sure.
Q. In what kinds of instances would
you work with the other officers and trustees
of the union as opposed to the president?
A. They might convey to me something
that happened in the field, an incident or
something that they want me to be aware of that
they have direct knowledge of or I might need
to call them to find out information based
upon -- as it relates to an inquiry that I
might get.
Q. Generally speaking, how frequently
would you say you speak with Mr. Cassidy?
A. It varies, you know, based upon,
you know, the day of the week. You know, on a
particular day, I might speak with him or meet
with him on several occasions.
It's really on -- it's based upon
what's going on with the news and with
firefighter related matters. That's another
variable that can change by the day.
Q. Are there some days when you speak
with him frequently, several times a day?
A. Sure, sure.
www.ellengrauer.com

(212) 750-6434
BSA XMAX(7/7)
GARY SUSON
Page 25
Page 27
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Q. We've spoken a little bit about

what Butler Associates does for its clients,
but specifically for the UFA what kinds of
tasks do you complete for the union?
A. You know, on a daily basis, there
could be calls from journalists about a fire or
firematic-related operations.
Q. What does firematic mean?
A. Sort of fire science or we might
hold a press conference on their behalf. We
might draft op-ed articles, opinion articles on
behalf of the union and its leadership on a
particular fire-related matter, as well as
strategic issues involving communicating with
the news media.
Q. When you say "hold press
conferences," do you set up the details when
the UFA is interested in having such press
conferences?
A. Yeah, we would -- we would draft
the communications, vehicles that we would send
out to the press. We would send it out by a
notification to the press so that they know to
come to a press conference. We would prepare a
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
A. Certainly, certainly.
Q. When do you go about doing that?
A. Well, first what I would seek to do
is write the story, draft up the outline of the
story, whether it be a press release or what
have you and then we would call the journalists
who would write on that particular matter.
Q. Are there certain journalists who
frequently write on fire or union matters?
A. There's a lot of media that covers
New York, so newspapers, TV, tend to mix them
up, reassign them to different beats. So, it's
really hard to say because every -- in eleven
years, there's a lot of names that have come
and gone.
Q. Do you track press coverage on
behalf of the union?
A. Yes.
Q. What does that generally involve?
A. Two ways. I get alerts that come
to my computer. Generally the moment a story
hits, at least electronically hits -- and
there's also each morning we're sent all the
clips related to New York firefighting, the
Page 26
Page 28
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
press release on the subject to be

communicated.
Q. For written materials that you
prepare on behalf of the UFA, is there one
person who approves those, meaning does
Mr. Cassidy have to approve that or is there
some other mechanism by which you work with the
UFA?
A. Generally Mr. Spollen will approve
it, yeah.
Q. When Mr. Cassidy appears in the
media, say on NY1, for example, are you
involved in assisting with those appearances?
A. Sure, sure. I am -- you know, I
would potentially book the interview or arrange
for it, or I would -- if it's an in-studio
interview I would arrange it and potentially I
or somebody else would go with him.
Q. So, someone from your company would
go with him?
A. Someone like myself or Mr. Spollen
would go over with him to the studio.
Q. Is part of your job trying to place
stories in the press in some fashion?

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
FDNY, its members or firefighting throughout

the nation and we monitor those right away.
Q. The alerts that you have receive on
your computer, where do those come from?
A. Google. Google has a service that
does that and then there's somebody that
actually prepares the second clip mentioned,
the compilation of clips every morning.
There's a service that does it. I don't know
the service's name.
Q. So an outside service will compile
those clips?
A. That's correct.
Q. And they're sent to you?
A. No, they're sent to myself and
members of the firefighters executive board.
As for the Google that I mentioned earlier,
that comes right to my desktop.
Q. On that Google alert search, what
terms have you used?
A. Oh, I generally haven't updated
that in years. It probably has the names
Uniformed Firefighters Association, you know,
UFA. Again, I don't know. I haven't updated
www.ellengrauer.com
Page 25 to Page 28
BSA XMAX(8/8)
GARY SUSON
Page 29
Page 31
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
that probably in years.

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

on various matters that get sent to you, do you
sometimes bring up various issues to the union
or to Mr. Cassidy if you find them interesting?
A. Well, they see the clips as well.
Q. So, is it fair to say that if
there's something that's of interest, they've
already seen it?
A. Yeah, I would hope so, yeah.
Q. Do you have general authority to
speak on behalf of the union?
MR. LEFKOWITZ: Object to the form.
Q. I'll rephrase. If a press inquiry
comes in to you on a topic, what do you usually
do first?
A. Could you repeat the question,
please?
Q. If a reporter calls you and asks
for comment from the UFA on a certain topic,
whatever it might be, at that point what do you
do?
A. I would get the information that
they're seeking and their call back number and
we do our best to get back to them in a timely
Page 30
Page 32
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Firefighters Association, those related to the

unions members, those related to the Fire
Department of the City of New York and its
management, and other associated things that
could do with firefighters reaching contract
agreements or injured firefighters across the
country or firefighter-related deaths across
the country or other significant firefighting
matters nationally so that we can be fully
aware of what's happening in the news.
Q. And you receive those clips every
morning?
A. Every morning, seven days a week.
Q. Do you review them every morning?
A. I do my best.
Q. If the press is interested in
receiving comment from the UFA, if they were to
call the UFA, would they generally be directed
to you?
A. Yes.
Q. The UFA doesn't have anybody, let's
say, in-house that handles press inquiries; is
that correct?
A. No, they're directed to me.
Page 29 to Page 32
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
fashion.
Q. And who do you usually go to if
it's a question that you don't know the answer
to related to UFA matters?
A. I would tend to go to Mr. Spollen
if it's a question that I don't know the answer
to.
Q. Mr. Spollen provides you with an
answer. Are you then authorized to go back to
the reporter and provide the answer that you
received?
A. If he tells me I'm authorized to do
so, yeah.
Q. Do you have a discussion every time
a press inquiry comes in whether or not after
you've spoken with Mr. Spollen you can then go
back to the reporter to talk about the answer?
A. We frequently do.
Q. Are there instances when you get
inquiries from the press where you happen to
know the answer to a certain question, are you
authorized in those instances to respond to the
question on behalf of the UFA?
A. Could you repeat your question?
www.ellengrauer.com

(212) 750-6434
BSA XMAX(9/9)
GARY SUSON
Page 33
Page 35
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Q. Sure, if a press inquiry comes in

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

Q. Are you familiar with the term "on
background" as it relates to reporters?
A. Why don't you explain what you
mean.
Q. The point is whether or not you
have a recollection of speaking with a reporter
that's, let's say, not on the record?
A. Well, reporters might ask for that.
Q. And do you ever speak off the
record with reporters regarding UFA matters?
A. I'm sure I have. I'm sure I have
over my career, sure.
Q. Are you involved at all in the
decisionmaking process at the UFA?
A. No, I'm not.
Q. Is it fair to say if they made a
decision on a certain matter and they want to
communicate that, that's when you get involved?
A. If it's a media communications
matter.
Q. Right. Have you ever done any work
for the Uniformed Fire Officers Association?
A. No, I have never represented them,
Page 34
Page 36
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
MR. AXELROD: Did you understand

the question?
A. It's sort of an odd question. I
don't really -Q. Okay. Let me rephrase.
Did you ever have conversations
with reporters about topics related to the UFA
without first checking with anyone at the UFA?
A. Reporters often call us trying to
find out information. You know, what we try to
do is get what their questions are, what the
background is and what they're speaking on so
that we can -- so that the union can address
it. Now, not all requests are requests that
are going to be fielded and responded to.
Q. What types of requests wouldn't be
responded to?
A. There are a lot of odd requests we
get that have nothing to do with the union
business which is protecting the health and
safety of the membership and the citizens of
New York.
Q. Do you speak with reporters on
background at all?

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
but we have done joint press conferences with

them over the years, but I've never represented
them directly.
Q. How frequently would you say those
joint press conferences are?
A. When I'm told.
Q. Is it more than once a year?
A. I couldn't quantify it in that way.
If I think back, you know, in eleven years
maybe we've done, you know eight to ten events
with them.
Q. Did you ever put out joint press
releases on behalf of the UFA and the UFOA?
A. We may have in those instances
where we did a joint announcement, but it's not
something that I would do unless directed to.
I don't have the authority to do so.
Q. To your knowledge, does the UFOA
have their own person who does press?
A. Yes, they do.
Q. Who is that, if you know?
A. His name is Martin Steadman.
Q. Is he in the public relations field
as well?
www.ellengrauer.com
Page 33 to Page 36
BSA XMAX(10/10)
GARY SUSON
Page 37
Page 39
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
A. He is, yes.
Q. Does he have his own firm?
A. He is a consultant, yeah.
Q. Did you have any occasion to work
with Mr. Steadman?
A. Sure.
Q. Do you know the name of Michael
Block?
A. Sure. Michael is the general
counsel for the Uniformed Firefighters
Association.
Q. Do you know how long he's been the
attorney for the UFA?
A. He was there when I -- when I began
with the UFA.
Q. In your capacity as the public
relations person for the UFA, did you have
occasion to work with Mr. Block?
A. Yes, I do.
Q. For what kinds of matters would you
need to speak with Mr. Block?
A. Any legal related matters.
Q. Do you know whether or not
Mr. Block ever makes comments to the media
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Q. In that instance do you try to

expedite the process by saying, contact
Mr. Block directly?
A. That's a variable.
Q. You mentioned the name James
Spollen before?
A. Yes.
Q. Did you say he's the executive
assistant to Mr. Cassidy?
A. That's correct.
Q. What does that mean, to your
knowledge, anyway?
A. I think of him sort of as the chief
of staff.
Q. Do you work with him frequently?
A. I do.
Q. Do you know how long he's been at
the UFA?
A. I don't know. Three years
possibly, four years.
Q. Did you ever meet with Mr. Spollen?
A. Sure.
Q. Is he involved in crafting public
relations for the union?
Page 38
Page 40
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
relating to the UFA?

A. He does when it's a legal related
matter.
Q. Does he generally check with you
first before speaking with the media, or -A. He would generally be instructed, I
would assume, by the client and if I received
an inquiry of that nature, I would refer it to
him.
Q. So, if a reporter called with a
question that had some legal nexus you would
say, contact Mr. Block, generally?
A. Well, I would try to -- you know,
they would try to convey the information
they're seeking and if I can get that
information, I'll provide that to Mr. Block or
I might just have them call Mr. Block directly.
So there's two different.
You have to remember that a lot of
times reporters are working on deadline, so -Q. Deadline meaning short deadline
perhaps?
A. Their story could be due in a half
an hour or it could be in an hour.
Page 37 to Page 40
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
A. He is.
Q. Do you know if Mr. Spollen ever
speaks with the media on behalf of the UFA?
A. I think he does.
Q. Generally when you're reading
stories and clips that you receive about the
UFA, are you usually familiar with the topics
that are covered, meaning you've had some
knowledge prior to the article coming out that
someone had made the inquiry?
A. Well, if it relates to the UFA,
yes.
Q. Are there any instances when
certain comments show up that take you by
surprise that you didn't know about them?
A. Very rarely, very rarely.
Q. As of September 11, 2001 you had
already started Butler Associates; is that
correct?
A. Yes.
Q. Are you familiar with what the term
"Ground Zero" means?
A. Yes, that's the site of -- the
World Trade Center site and the collapse.
www.ellengrauer.com

(212) 750-6434
BSA XMAX(11/11)
GARY SUSON
Page 41
Page 43
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Q. After September 11, 2001, did you

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

perimeter. I stayed at the press assembly
area.
Q. Where was that located?
A. I think it's West Street. I think
it was -- and it was north -- north of
Stuyvesant High School. It was probably
about -- I think it's about 15, 18, 20 blocks
out.
Q. You attended that press conference.
Was it held in that location?
A. It was held at -- at the barricades
at the press tent.
Q. Do you remember if you had any
other reasons to visit Ground Zero?
A. I think there was one other
occasion when firefighters and the
firefighters' families had a -- they had a -they had a rally and a press conference. They
were upset that the mayor at the time was
stopping the dignified recovery of remains and
bringing in backhoes to begin removing the
remains for more a rapid recovery process.
So, we had that event there. It
Page 42
Page 44
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
was probably less than two hours.

Q. And the nature of that trip?
A. I went there to see how I could
help the union, if there was anything to do.
Q. Generally, what did you do during
your time on that day at Ground Zero?
A. I stood nearby Mr. Gallagher in
case he needed me. There was truly no need for
me. After there was an emergency evacuation
siren that went off and everyone ran including
the acting chief of the department, I
determined it wasn't a place that was safe for
a civilian like myself with no law enforcement
experience or first responder experience,
perhaps.
Q. After that time, did you ever go
back down inside Ground Zero, inside that
perimeter that you were talking about?
A. About a week or a week and a half
later, and I'm not exactly sure, Mr. Gallagher
and then-UFOA president Mr. Gorman together
with the International Association of
Firefighters president, Mr. Shaitberger,
decided to have a press conference to speak up

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
was held outside the police barricade area and

then the families and the firefighters, there
were hundreds if not thousands there, decided
to march down to Ground Zero to hold a vigil.
So I accompanied them with all the journalists
who also attended that.
Q. When was that, do you know?
A. You know, I don't know. It was
probably six or eight weeks after the September
11th attacks.
Q. Otherwise, after September 11th of
2001 -A. There was only perhaps one other
time that I was down there, and I -- you know,
I don't recall. It might have been for
another -- you know, a bunch of press requests,
but that would have been it.
Q. After the attacks -A. I don't have press credentials to
get into the site. I don't -- they wouldn't
give me access.
Q. Did you seek access?
A. No, I didn't.
Q. After the attacks of September 11th
www.ellengrauer.com
Page 41 to Page 44
BSA XMAX(12/12)
GARY SUSON
Page 45
Page 47
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
of 2001, you continued to do press for the UFA;

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

thing.
Q. Did you ever acquire any knowledge
during your time doing press regarding the
rules and procedures regarding the recovery
efforts at Ground Zero?
A. Could you give me an example?
Q. Sure, the logistical operation of
searching through the rubble at Ground Zero.
A. I'm not a firefighter. I've never
been a firefighter, so, I don't know. I don't
have an answer to that question.
Q. For those kinds of questions you
wouldn't have been in the position to answer
them; is that fair?
A. You know, there might have been a
specific question asked where maybe I was given
an answer from the union and able to answer
that.
Q. For example, did anybody ever ask
you if Ground Zero was a crime scene?
A. I don't know. I don't know.
Q. You wouldn't have any knowledge
about that now?
Page 46
Page 48
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
at all?
A. Yeah, but I -- you know, I wasn't a
spokesman for the Fire Department of the City
of New York. I can only speak for the union
and the members.
So what I would often do is if a
media outlet made a request, they wanted to
speak to somebody affected, I might arrange an
interview with a firefighter who had many
members of his company who passed away or -- it
was an extended period of morning, so, you
know -Q. Sure. How long would you say that
the amplified press inquiries lasted?
A. Months.
Q. Did you have additional people
helping out during that period of time?
A. No.
Q. Were you ever called upon to answer
questions involving actual operations down at
Ground Zero or would you refer that to somebody
else?
A. Sure. We -- we were asked all
types of things. Whether or not we have the
Page 45 to Page 48
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
A. Well, I said "I don't know."

Q. Right. Well, my question was did
anybody ever ask you about that?
A. Well, that would be a question
probably more appropriately put to a police
officer.
Q. I understand. I'm just trying to
get a sense of -A. Or a fire marshal. By the way, the
UFA does represent the fire marshals.
Q. Did you ever have contact with fire
marshals then in your job?
A. No, I don't have contact with fire
marshals, but the union does have a fire
marshal representative who sits on its board.
Q. Did you ever in your capacity
receive questions regarding firefighters or
other individuals removing items from Ground
Zero?
A. Perhaps. Let me just say this. We
get thousands, thousands of inquiries, from
journalists all across the world. You know, to
keep track of questions people asked is a
Herculean task.
www.ellengrauer.com

(212) 750-6434
BSA XMAX(13/13)
GARY SUSON
Page 49
Page 51
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Q. I'm just wondering if you have any

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

was -- was the official photographer for the
Uniformed Firefighters Association.
The Associated Press had never
called me regarding the story, as would be a
typical procedure that they would call to, you
know, confirm it. It was an unusual situation.
+ MR. LEFKOWITZ: Object and move
to strike as not responsive to any
question.
Q. Is it fair to say that on August
27th you had never heard the name Gary Suson
before?
A. I said it was either August 27th or
28th.
Q. On either August 27th or 28th of
2005, prior to that date, had you ever heard
the name Gary Suson?
A. I have no recollection of having
heard it. That was my first recollection of
it.
Q. And the nature of the Google alert
was an associated press article; is that right?
A. That's my recollection.
Page 50
Page 52
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
UFA member was ever involved in any kind of

situation in which something was removed from
the Ground Zero site?
A. I would have no knowledge of that.
Q. Have you ever heard the name Gary
Suson?
A. I have.
Q. When did you first hear that name?
A. I think that's the reason we're
here today. On or about -- if you don't mind,
I'm going to look at this exhibit.
Q. What exhibit is it that you're
looking at?
A. This is 186. On or about August
27th or 28th of 2005, I got a Google alert
about my client, the Uniformed Firefighters
Association.
Q. Do you remember the nature of the
Google alert at that time?
A. Yeah. It was a story that had
crossed the Associated Press and, you know, I
clicked in to read it and I was quite curious
because I had never heard of this and I don't
really remember the full gist of the story, but

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Q. Do you remember what the article

was about generally?
A. You know, I didn't have it in my
files, so I wasn't able to go back and look at
it, but if I recall, the story was of a nature
that this gentleman was the official
photographer of the Uniformed Firefighters
Association of Greater New York, which is my
client.
Q. Again, as of that time, you had
never heard of Mr. Suson serving as the
official photographer for the UFA?
A. That's correct.
Q. The document marked Exhibit 186
begins with Monday, August 29th; is that
correct?
A. That's correct.
Q. And this is your planner?
A. This is my day-to-day planner,
right.
Q. You had said that you had seen the
Google alert on August 27th or August 28th.
A. Right.
Q. Why is it that you know that it was
www.ellengrauer.com
Page 49 to Page 52
BSA XMAX(14/14)
GARY SUSON
Page 53
Page 55
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
one of those two dates?

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

"comes down." It says, "The Ground Zero
photographer called him. Jim said no one on
the board knows who he is. JS says this is not
a problem and if he calls refer to Block."
Q. "JS" meaning?
A. Mr. Spollen.
Q. Let's take them one at a time.
MR. LEFKOWITZ: Just for the
record, you said "no one on the board."
As I see, your handwriting your
handwriting says "No one on this board,"
right?
THE WITNESS: "No one on this board
knows who he is." That's just what I
wrote, yeah.
MR. LEFKOWITZ: I'm just correcting
the record.
THE WITNESS: Right, right.
Q. The top notation, "Speak to Mike
Block on issue of media claiming the UFA has an
official photographer."
Is that a notation to yourself to
remind you to do that?
Page 54
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Page 56
(1)
photographer" and then I have an arrow

going up. It says, "Refer all calls
including media to him, fax info."
MR. LEFKOWITZ: So you just sort of
wrote down something -- I see. Never
mind, go ahead.
Q. Because it's under the box that
says "August 29th," you're confident that would
have been the date that you wrote that note?
A. That would have been the date I
wrote that. I keep all my books this way for
years.
Q. And do you recall -A. And then, by the way, there's a
reference underneath it. It says, "Fern refers
Deepti Hajela of AP," that means Associated
Press, "and her telephone number to Block."
Fern refers to Mr. Cassidy's
secretary, Fern Iodice.
Q. Okay.
A. And there's one other notation here
and that's the last for that day. Do you want
me to continue?
Q. Sure.
Page 53 to Page 56
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
A. No. That would have been based

upon what I do. I generally don't write my
book to what I want to do. That's a separate
to-do list. This is what I actually do, so I
can break down my day to understand what I do
for each client.
My day is sometimes broken up among
multiple clients. I need to go back sometimes
to reconstruct a day to tell a client when
something occurred.
Q. If this notation is -- does this
mean that you've spoken to Michael Block?
A. Yes. "Speak to Mike Block on
issue." That means I spoke to him.
Q. Do you recall if you spoke to him
then on the morning of August 29, 2005?
A. I would assume I did, since I have
it listed in the morning. I keep my book as it
runs throughout the day. I don't do it at the
end of the day to fill it in.
Q. Do you recall the nature of your
conversation with Mr. Block on that date?
A. No, I don't recall. And I don't
want to assume, right.
www.ellengrauer.com

(212) 750-6434
BSA XMAX(15/15)
GARY SUSON
Page 57
Page 59
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Q. We don't want you to guess at

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

A. Mr. Block, correct.
Q. You believe you sent it to
Mr. Block at some point?
A. I don't know if I did.
Q. Again, back to that first note.
After it says, "Speak to Mike Block on issue of
media claiming the UFA has an official
photographer," there's an arrow and it says
"refer all calls including media to him/fact
info." "Him" does that mean Mr. Block?
A. Yes, that would be Mr. Block.
Q. Does this notation state that you
spoke with Mr. Block and the result of the
conversation was that if you received press
inquiries, you'd send them to Mr. Block?
A. Yes.
Q. Do you recall whether or not you
received press inquiries after writing this
note on August 29th?
A. In fact, if we go to August 30th
and 31st, there are notations regarding those
as well.
Q. We'll get to those in a minute.
Page 58
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Page 60
(1)
what I would have done is probably referred

that to Mr. Block and, you know, sort of
deferred to him on the matter.
Q. On the note here that says "refer
all calls including media to him/fact info,"
would that have been the result of your
conversation with Mr. Block?
A. Well, no. Let's see, this is -isn't there another -- there's another -- oh,
it's back here. Page three of Exhibit 186, I
would assume I may be referring there to the
website here. This is information pulled from
Mr. Suson's website, you know, just to find
out, you know, a little bit more information
about the issue.
Q. So, you had printed out these pages
three through five?
A. You asked me -- when you sent me
the subpoena, I went through both my paper
files and my electronic files and this was in
my -- this was the only reference on my
electronic files that I had so this was in my
computer. Whether I printed it or e-mailed it
to him, I don't recollect.

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
The second notation says, "Fern refers Deepti

Hajela of AP 212-621-1670 to Block."
Fern, again, is Mr. Cassidy's
secretary?
A. Mr. Cassidy's secretary and she
probably just sent me that as a courtesy note.
spoke with Fern on August 29th?
A. I don't know if she left a
voicemail. I don't know if I spoke to her
directly. I cannot recall.
Q. Do you remember whether or not you
knew if the AP had contacted Fern directly or
Mr. Cassidy directly?
A. No, that would have been -- that
would have indicated that they contacted her
directly, "her" being Mr. Cassidy's office.
Q. As a courtesy she was informing
you, I received a press inquiry and forward it
on to Mr. Block?
A. Yes, that would be standard.
Q. There's a third notation, "Spollen
comes down and says Ground Zero photog called
him. Jim said no one on this board knows who
www.ellengrauer.com
Page 57 to Page 60
BSA XMAX(16/16)
GARY SUSON
Page 61
Page 63
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
he is. JS says this is not a problem and if he

calls refer to Block."
A. Yup.
Q. What is "Spollen comes down"? What
does that mean?
A. Mr. Spollen's office is on the
fifth floor of 204 East 23rd Street. I rent
space on the third floor of 204 East 23rd
Street.
Q. So, is it fair to say that note
means that Mr. Spollen come to visit you in
person in your office?
A. That would have been accurate.
Q. And, again, these notes are kept
contemporaneous with the time of the day;
correct?
A. Yes. As things happen, I take
them, yeah.
Q. So, the notation for August 29th it
appears to be between 10, 11 and 12 o'clock.
A. It could have been at 10 a.m., but
you only have so much space.
Q. Okay. Did Mr. Spollen tell you
that Gary Suson had called Mr. Spollen? Is
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
calls me, and this, I'm assuming, is after,

again, the -- the e-mail that I received, the
threatening e-mail, and possibly it was a phone
call. I don't recall.
Q. It then says, "JS," meaning James
Spollen, "says this is not a problem."
Do you know what is not a problem?
A. No.
Q. "And if he calls refer to Block."
"He" being Mr. Suson?
A. Yes.
Mr. Suson called you after August 29th?
A. No, I do not know. I do not know.
Q. Did you and Mr. Spollen have any
kind of conversation as to whether or not Gary
Suson was the official photographer for the UFA
at Ground Zero?
A. I think -- you know, we never had a
photographer, "we" meaning the Uniformed
Firefighters Association. We still, to this
day, do not have a photographer.
Q. Do you remember if that was part of
your conversation with Mr. Spollen?
Page 62
Page 64
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
that what this note means?

A. That's my recollection.
Q. Do you recall any details of what
Mr. Spollen had said in regards to Gary Suson's
calling?
A. Again, I don't know what the two of
them discussed.
Q. Here it says, "Jim said no one on
this board knows who he is." "He" being
Mr. Suson?
A. That would -- yes, "he" being
Mr. Suson.
Mr. Spollen had checked with anyone regarding
Gary Suson?
A. I wouldn't know.
Q. Do you remember what Mr. Spollen
had said during your conversation when he came
down to tell you that Mr. Suson had called him?
A. This is over two years ago.
Q. I understand. It's just your
recollection, if you have one.
A. From my notes here it says, "Refer
all calls to Mike Block"; that if Mr. Suson
Page 61 to Page 64
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
A. I don't recall.
Q. You mentioned there are some other
notes on this first page of Exhibit 186 -A. Yeah.
Q. -- that you believe in some way
relate to Mr. Suson?
A. Yeah. Tuesday -- Tuesday, August
30th, listed somewhere around 10:15-ish or so.
I don't know if it's the exact time. It says,
"Cynthia Fagan at Post," meaning New York Post,
calls, 212-930-8159 on Ground Zero Museum
workshop" and then it says, "Is this person
official UFA photographer, per Cassidy, Spollen
and Slevin." Mr. Slevin is the vice president
of the Uniformed Firefighters Association.
"Refer inquiries to Mike Block." And then it
says, "Also Cassidy does call with Kevin
Gallagher and Gorman," Gorman being Peter
Gorman, then president of the Uniformed Fire
Officers Association on the subject.
Q. Let's go one at a time. Do you
recall whether or not you spoke with Cynthia
Fagan on August 30th?
A. She called me, yeah.
www.ellengrauer.com

(212) 750-6434
BSA XMAX(17/17)
GARY SUSON
Page 65
Page 67
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Q. It's not just a message?

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

don't know.
Q. Do you know whether or not that
call ever took place?
A. I don't have details on it.
Q. Meeting with the various people
from the UFA, do you recall ever specifically
discussing if Mr. Suson was the official
photographer for the UFA?
A. I think everyone involved stated
quite clearly that they had no knowledge of
him.
Q. Do you note anything else on your
calendar here from August 29th that might refer
to Gary Suson or press inquiries -A. Correction, August 30th.
Q. This first page here. It has a
title at the top of August 29th. Sorry.
A. Wednesday, August 31st there's a
notation at about 5:30 p.m., so that indicates
it was at the end of the day which is
considered news deadline. It says, "Stephanie
Gaskell calls from Post on Ground Zero
photographer." No other notes beyond that.
Page 66
Page 68
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Ms. Fagan to Mr. Block?

A. I don't know if I asked him to call
her or if she -- or for her to call him
directly.
Q. Since it says, "Per Cassidy,
Spollen and Slevin refer inquiry to Mike
Block," did you speak with each of these
individuals, did you call?
A. I probably went upstairs to their
office and just said, by the way, I've gotten
an inquiry about this subject.
Q. Do you remember having specific
conversations with Mr. Cassidy about the
subject?
A. No, but my note says -- if I
have -- if I have three of them together, that
means they probably were all in the same room
when I posed the issue.
And then, again, "Refer inquiry to
Mike Block," but then my next notation there
says, "Also, Cassidy does call with Kevin
Gallagher and Gorman on subject."
I don't know if I was present for
that call. I don't know if he was going to

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)

spoke with Ms. Gaskell?
A. I don't know if it was a message
left at my office, a voicemail left at my
office or if I picked up the phone and spoke to
her anyway -- or spoke to her directly, excuse
me.
Q. It's fair to say you wouldn't know
the nature of the conversation if you don't
recall whether you had it?
A. No, no. And I don't think I see
any other notations for this week and there
were none other beyond this point.
Q. This second page, was that included
because there were specific references?
A. It was the remainder of the week.
Q. Do you know whether or not there's
anything on these pages that relate to
Mr. Suson?
A. No, there is nothing more.
MR. CONTI: Why don't we take a
short break. We've been going for a
little while.
(Recess taken.)
www.ellengrauer.com
Page 65 to Page 68
BSA XMAX(18/18)
GARY SUSON
Page 69
Page 71
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Q. I'm not sure if you ever

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

yeah. I don't have a copy. Otherwise I would
have it in my files.
Q. You mentioned Mr. Gorman before.
Who is Mr. Gorman?
A. Peter Gorman is the former
president of the Uniformed Fire Officers
Association. He was president on April 15,
2002 when this letter was written.
Q. You see that his name is on the
bottom left-hand corner?
A. Yeah.
Q. Do you know if you ever spoke to
Mr. Gorman about this letter?
A. No, I don't recall.
Q. You see Mr. Gallagher's name on the
right-hand side?
A. Yes.
Q. Did you ever speak to Mr. Gallagher
about this letter?
A. I don't recall if I did.
Q. Do you recall seeing this letter in
2002?
A. No. This is not something that
Page 70
Page 72
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Gorman and Kevin E. Gallagher.

A. I would assume it was in the days
following. It would have been the early part
of the week of August 29th/30th.
MR. LEFKOWITZ: You're talking
2005.
THE WITNESS: Yes, 2005.
MR. LEFKOWITZ: Because you're
looking at your calendar.
THE WITNESS: I'm looking at my
calendar, yeah, right.
Q. Do you recall if you ever spoke to
anyone about this letter?
A. Yeah, I think this was something
that we may have -- they have may have had when
I spoke to possibly Mr. Cassidy, Mr. Spollen
and Mr. Slevin on August 30th.
Q. Do you recall who showed you the
letter?
A. No, it would have been -- you know,
it would have been one of them. It could have
been Mr. Cassidy's secretary. I don't know.
Q. Did you personally procure a copy
of the letter or did somebody show it to you?
Page 69 to Page 72
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
would have ever come to my desk. There would

have been no need for something like this to
come to me.
Q. Do you know a man name Rudy
Sanfilippo?
A. Yes, I do.
Q. Who is he?
A. Mr. Sanfilippo was the Queens
Trustee of the Uniformed Firefighters
Association.
MR. AXELROD: Just if I can correct
him, it was Manhattan.
A. I'm sorry, he was the Manhattan
trustee. He lived in Queens.
Q. Did you ever work with
Mr. Sanfilippo?
A. Oh, sure.
Q. Did you have a good working
relationship with him?
A. I don't know if anyone could. He
was an all right guy.
Q. What do you mean by that?
A. You know, he didn't try to get
along with people.
www.ellengrauer.com

(212) 750-6434
BSA XMAX(19/19)
GARY SUSON
Page 73
Page 75
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Q. Did he not get along with other

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

official photographer?
A. No, the UFA never had an official
photographer in the time period that I've
worked with them. The only photographers we've
used is if we've ever had to hire a freelance
photographer to cover a press conference or an
event. Those are the only times.
Q. I'm going to show you an exhibit
that's been marked as 24. Take a look at that
document.
A. (Reviewing.)
Q. Have you ever seen this document
before?
A. This is an interesting document,
so -+ MR. LEFKOWITZ: Object and move
to strike.
A. Mr. Axelrod showed it to me this
morning.
Q. Had you ever seen it prior to this
morning?
A. No, sir, I did not.
Q. Let he show you quickly, before we
Page 74
Page 76
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
that they were doing and they were asking for a

recommendation.
Q. Did you ever discuss Exhibit 11
with Mr. Sanfilippo?
A. Not that I'm ever aware of, no.
Q. In the third paragraph down, it
states, "In the event that Mr. Suson receives
any proceeds for the sale or publication of
these photographs, he's made arrangements to
share his earnings with the Widows and
Childrens Fund that we administer on behalf of
families of firefighters and fire officers lost
in the line of duty."
Are you familiar with any kind of
arrangement that might have been present
between the UFA and Mr. Suson?
A. Again, my job is public relations.
That wouldn't have anything to do with my
capacity with the UFA.
Q. You stated before, and I'll ask you
again, was Gary Suson the official photographer
at Ground Zero for the UFA?
A. I have no knowledge of him being
such.

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
turn to that document, another document that's

been marked as Exhibit 150.
Do you see on the first page it
seems to be a fax cover?
A. That's right.
Q. It says "To Mike Block from Tom
Butler"?
A. That's correct.
sent this fax?
A. That's my handwriting on the cover
sheet.
Q. And is there a date there on the
cover sheet?
A. August 29, 2005.
Q. Put that one aside and go back to
Exhibit 24, if you would.
A. 24 is the one-page letter, correct?
Q. Yes. The one-page letter dated
August 28, 2005 memo to Kugler, Associated
Press AP?
A. Yes, sir.
Q. The first time you saw it was this
morning; is that correct?
www.ellengrauer.com
Page 73 to Page 76
BSA XMAX(20/20)
GARY SUSON
Page 77
Page 79
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
A. That's correct. That's my

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

A. You know, I don't know. What I
would have indicated was that I don't have any
knowledge of such a person and that I don't
have any knowledge of the union even having an
official photographer. And that, you know, in
my time period there, dating back to 1996, we
have not had one. So of course, we wanted some
information from them as to their sources.
Q. You would have relayed this
information to the person at the AP?
A. Well, that would have been the
purpose of my inquiry at the AP.
Q. Had you ever -- do you remember if
it was someone you had ever spoken to at the AP
before?
A. You know, I don't know. We -- you
know, we get calls from the Associated Press
all the time. They're a very large news
service.
Q. Okay. If we go back to Exhibit
150, again, that's the fax you said had your
handwriting on the front?
A. Yes, and by the way, time stamped
Page 78
Page 80
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
somebody else at the AP. I have no notations

for that date.
Q. Do you recall contacting someone at
the AP?
A. Yes, I did call the AP.
Q. Do you recall the nature of your
conversation with whomever you called at the
AP?
A. Sure. I alerted them to a story
that they were running and inquiring as to whom
they spoke to at the Uniformed Firefighters
Association since no one had contacted my
office and, to my knowledge, had contacted the
president's office.
Q. Do you remember what the response
was?
A. I think they wanted to get back to
me.
spoke to them again that day, meaning August
28th?
A. Perhaps, but I don't know the
answer to that.
Q. Was it a short conversation with
Page 77 to Page 80
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
9:34 a.m.
Q. And is there a date on there, on
the fax trailer?
A. 8:29, August 29, 2005.
Q. If you go to the second page.
A. Okay.
Q. It appears to be an article
entitled "Anne Frank's House Inspires 9/11
Museum." Take a quick look at that article,
which is the next three pages.
A. (Reviewing.)
Okay.
Q. Have you ever seen this article
before?
A. Obviously, this is the article in
question.
Q. This is the AP article regarding
Gary Suson?
A. Yes, sir.
Q. Is there anything specifically in
this article that caused you to contact the AP?
A. Paragraph 2, where it says, "The
official Ground Zero photographer for the
Uniformed Firefighters Association, the City's
www.ellengrauer.com

(212) 750-6434
BSA XMAX(21/21)
GARY SUSON
Page 81
Page 83
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
main union."
Q. So, the statement in the article
that talked about Gary Suson being described as
the official Ground Zero photographer for the
UFA, is that the statement that caused you to
call the AP?
A. Yes. They never fact-checked that
with the union, which is typically something
that most journalists would do.
Q. When you read it at the time, did
you believe that statement to be false?
A. I did not know who Mr. Suson was
and I know that the union has never had an
official photographer in my time period while I
was there.
Q. As a result did you believe that
the statement was false when you read it?
A. I believed it to be inaccurate.
Q. Do you know if you ever spoke with
the writer who's listed in this article?
A. They don't list the writer and
that's -- the AP does not often list writers.
Q. Does the name Verena Dobnik sound
familiar?
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
the only time I would ever ask a photographer

or a cameraman or a reporter who they were
shooting for is if they were covering one of my
press conferences, and we welcome press
coverage, in fact.
And I would say, "Who are you
shooting for so" that I could simply write it
down and notify the client. We have coverage
from the New York Times, from the Daily News,
from Fox News and that would be the only reason
I would ever ask a photographer who they were
shooting for.
Q. So, you have no knowledge of the
incident described in the first paragraph?
A. No, I do not, no.
Q. In the first paragraph Mr. Suson
claims that -- the fact that somebody said to
the Associated Press that he was not the
official photographer was "simply the
by-product of an old war Mr. Butler had with
the former Manhattan trustee who put me
officially in Ground Zero."
Do you have any knowledge of that
statement?
Page 82
Page 84
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
A. She's worked there for many years.

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

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
A. No, and let me just clarify, I

represent my clients and if I'm retained by the
union, I represent their executive board, the
president and their executive board. That
includes all members of them. I try to
maintain good relationships with all my
clients.
Q. So, did you ever have an old war
with Rudy Sanfilippo?
A. No, I don't think so.
Q. In the third paragraph it states,
"Much to Mr. Butler's relief, a few months ago
Mr. Sanfilippo was not re-elected as Manhattan
trustee which means that Mr. Butler could now
make such a slanderous comment as he did this
morning."
Were you relieved when
Mr. Sanfilippo did not get reelected to the
board?
A. It wouldn't have mattered to my job
because in the time I've been there, there have
been a lot of UFA representative board members
who have come and gone, and you develop working
relationships with them and then they return to
www.ellengrauer.com
Page 81 to Page 84
BSA XMAX(22/22)
GARY SUSON
Page 85
Page 87
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
the firehouse whether they choose to, whether

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

media to give what can only be deemed as
misinformation."
Did you contact major media to give
misinformation?
Q. You can answer.
A. I called the Associated Press on
the day stated earlier to inquire as to the
source -- as to their source for the story
indicating that Mr. Suson would have been the
official photographer of the Uniformed
Firefighters Association.
Q. In this fax he asked that if you
had concerns about him, that you contact him
directly. Did you ever contact Mr. Suson
directly?
A. I would have had no method or a way
to contact Mr. Suson.
Q. And, for the record, the last
sentence says, "FYI, I met Mr. Butler once in
my life at the transfer station in January of
2002 at Ground Zero."
Is that an accurate statement?
Page 86
Page 88
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
photographer at Ground Zero for the UFA."

Do you know if that's an accurate
statement?
A. It does not seem to be accurate.
Q. Let me show you document Exhibit
25. Take a look at that for me.
A. (Reviewing.)
Okay.
before?
A. Mr. Axelrod showed it to me this
morning.
Q. Prior to this morning, do you
recall ever seeing this document?
A. No, never before.
Q. This document appears to be a
one-page fax to James Spollen from Gary Marlon
Suson. Do you recall whether or not you ever
spoke to Mr. Spollen about this fax?
A. No, not that I'm aware of.
Q. I'm going to read from this
particular fax. "If Mr. Butler has any
concerns over the legitimacy or purpose of
anything I am doing, I would ask that he
Page 85 to Page 88
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
A. That would be highly inaccurate

because, first, I don't know what a transfer
station is except for a garbage transfer
station that would be in any town municipality,
and I don't recall ever meeting him and I
wouldn't have been in a transfer station,
wherever that is.
And in January of 2002, I wouldn't
have been anywhere near Ground Zero, if that's
where it was.
Q. Okay. Thank you. I show you
another document marked exhibit 152.
A. So, obviously, he must be mistaking
me for another party.
(Reviewing.)
Okay.
before?
THE WITNESS: You didn't show this
to me this morning, did you?
MR. AXELROD: No.
A. No, I didn't see this.
Q. This appears to be a forwarded
e-mail originally from Mr. Suson to Jim
www.ellengrauer.com

(212) 750-6434
BSA XMAX(23/23)
GARY SUSON
Page 89
Page 91
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Spollen. I'll read from the first paragraph,

"If you would be so kind as to ask Mr. Cassidy
to call me as soon as possible regarding
erroneous and slanderous remarks made yesterday
to the Associated Press from Tom Butler."
Do you know whether or not you made
erroneous and slanderous marks to the AP?
A. I'm not aware of making any.
Q. The next paragraph says, "AP ran
his beautiful story regarding the museum
workshop that opens to the public in two weeks
and Mr. Butler felt the need to say some
disturbing things to the AP on early Sunday
morning after he read the story."
Do you have any idea what Mr. Suson
was referring to in terms of "disturbing
things"?
A. No. As I stated before, I called
the Associated Press to inquire as to the
source of a story that quotes Mr. Suson as
being official photographer for my client and I
have no knowledge of him being such.
Q. The next paragraph states, "I was
and have been noted as the official
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
AP?
A. I'm not aware of that.
Q. Did you make an inference that
Mr. Suson had lied about being the official
photographer to the Associated Press?
A. Well, when I asked their source, I
would think they would take it as such, since
they -- I, you know, I let them know that we do
not have an official photographer and I was not
aware of who Mr. Suson was and that I had, in
fact, represented this client and been the
spokesman for this client dating back to 1996.
I would think they would get that
inference from that without me having to say
so.
had anymore contact with the AP after your
original call on August 28th and on subsequent
days?
A. Well, again, I inquired of them,
whether or not they contacted me and called me
back, I do not recollect. And then there's a
notation in Exhibit 186 on Monday, August 29th,
that "Fern refers AP reporter to Mr. Block,"
Page 90
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Page 92
(1)
photographer at Ground Zero for the UFA/UFOA

since 2002."
Are you aware of Mr. Suson having
been noted as the official photographer at
Ground Zero?
A. No, sir.
Q. And again, in your capacity, you
review articles and materials that are related
to the UFA; is that correct?
A. Well, I review press materials so
if there are articles that were written about
them, yes.
Q. But prior to have 2005 you had
never seen that Mr. Suson was the official
photographer at Ground Zero?
A. No, sir, not that I'm aware of.
Q. At the end of that third paragraph
it states, "Mr. Butler's comment that I am a
'con man' to the AP writer and his inference
that I lied about being the official
photographer of record has escalated things to
a new level."
Do you know whether or not you made
a comment that Mr. Suson can a con man to the

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
but I was not in contact with them there as far

as I know.
Q. Were you aware at any time that the
union sent a cease-and-desist letter to
Mr. Suson?
A. I did hear about that, yes.
Q. Did you review that letter?
A. No, I did not. That would be
something Mr. Block would do.
Q. So, you were not involved in the
process of writing it?
A. No, I wouldn't have been involved
in the process.
Q. Somebody informed you that such a
letter had been sent out?
A. Yeah, they let me know. I don't
know if it was Mr. Block or someone else.
Q. Was that in case there was any
press inquiries, is that the reason they would
have mentioned it to you?
A. I don't know why.
Q. Do you know whether or not any
subsequent letters went out from Mr. Block to
Mr. Suson?
www.ellengrauer.com
Page 89 to Page 92
BSA XMAX(24/24)
GARY SUSON
Page 93
Page 95
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
A. I truly do not know.

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

die in the line of duty.
Q. Is the fund still in operation?
A. Yes, it is.
Q. Are you involved in the charity at
all?
A. No, I'm not. They do -- they do
ask me on occasion to help them out with some
media and publicity issues.
Q. Do you know if Mr. Suson has made
any donations to the UFA Widows and Children
Fund?
A. Well, I wouldn't have any personal
knowledge of that. I'm not involved with that.
ever checked to see whether or not he made any
donations, meaning checked with any UFA
officials at any point?
A. Yeah, there could have been a
request, but I don't recall.
Q. Were you ever asked to comment for
an article in the New York Post in 2005
regarding Gary Suson, do you recall?
A. Sure. As we said in the notes,
Page 94
Page 96
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
taken a vote of any kind or taken any action

regarding Gary Suson?
A. No, they don't discuss with me what
occurs at board meetings.
Q. Are you aware of any charitable
donations that Gary Suson might have made to
9/11-related charities?
A. Mr. Axelrod showed me some
paperwork this morning that showed copies of a
couple of checks.
Q. Okay. Do you recall any details as
to Mr. Suson's charitable donations?
A. I don't. There were a couple of
checks I saw that were not in his signature, I
think, but they were other people who wrote the
checks.
Q. Do you know what the UFA Widows and
Children's Fund is?
A. Yes, I do.
Q. Could you just briefly describe
what that fund is?
A. Sure. The -- the UFA Widows and
Children's Fund, it's a not-for-profit
organization that seeks to assist the widows
Page 93 to Page 96
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
they called and the calls were referred to

Mr. Block.
Q. Right. And as we discussed,
there's a call on August 30th, there's a
notation on your calendar on August 30 from
Cynthia Fagan; is that correct?
A. That is correct.
Q. Had you ever known Cynthia Fagan
before?
A. Sure, she's been a reporter for
many years.
Q. Had you spoken with her on prior
occasions?
A. I would assume so, sure, sure.
Q. And, again, you spoke with her on
August 30, 2005 about Gary Suson; is that
right?
A. Well, she called. She called and
she made this request and then the request was
referred up to Michael Block, the UFA's general
counsel.
Q. Do you recall if you had more than
one conversation with Ms. Fagan on August 30,
2005?
www.ellengrauer.com

(212) 750-6434
BSA XMAX(25/25)
GARY SUSON
Page 97
Page 99
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
A. I don't recall.
had any e-mail communications or anything like
that with Cynthia Fagan?
A. I don't recall.
provided Ms. Fagan any documents at any time?
A. I would assume that Mr. Block, if
anything, would have provided her with
information and documents, if he was doing so.
MR. LEFKOWITZ: Object and move to
strike as nonresponsive. The question
was did you give her any documents.
A. Oh, I'm not aware of doing so.
Q. Do you know if Ms. Fagan showed you
any documents or asked you to review any
document?
A. I don't think I saw Ms. Fagan.
Q. I'm sorry. Did Ms. Fagan give you
any documents, send them to you at any point in
time?
A. I really don't know. I had nothing
in my files that I would have seen.
Q. Do you recall -- just to get your
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
or if somebody else at the UFA called Mr. Block

and said, you know, this is -- this is
something for you to deal with.
Q. The notation in your calendar
here -A. Right, but I don't know who the
initial call was to Mr. Block.
Q. At some point you spoke with
Mr. Block?
A. Right. Mr. Block does not report
to me, so it's not of my authority to give him
direction.
Q. But the motivating factor for your
conversation with Mr. Block was the AP story
from over the weekend; is that correct?
Q. Do you recall at the time if
Mr. Block had ever heard of Mr. Suson at the
time you called?
A. I'm not aware.
Q. Do you have any memory as to how
many times you might have spoken with Mr. Block
about Mr. Suson?
A. I don't know. I don't know.
Page 98
Page 100
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
testimony clear, do you recall whether or not

you told Ms. Fagan to contact Mr. Block?
A. I don't know if I told Mr. Block to
contact Ms. Fagan or if I asked Ms. Fagan to
call Mr. Block.
Q. When you were speaking with
Ms. Fagan, you were doing so on behalf of the
UFA; is that right?
A. That's correct.
Q. Do you have any recollection
whether or not Cynthia Fagan asked you about
Mr. Suson's charitable giving?
A. I don't recollect.
Q. Do you remember -- going back to
Exhibit 150, do you remember speaking with
Mr. Block on or about August 29, 2005, about
Mr. Suson in any detail?
A. No, I think it was sort of sending
him facts and any information we had and then
just, you know -- and he was going to take it
from there.
Q. And again, you called Mr. Block on
that morning?
A. I don't know if I called Mr. Block

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Q. Did you ever mention that you might

share the contents of your conversation with
Mr. Block with a Post reporter or any other
reporters?
A. Could you repeat that question?
Q. Do you recall whether you spoke
with Mr. Block about the fact that you might
share the contents of your conversation with
Mr. Block with any reporters or any people from
the New York Post?
A. I'm sorry. I'm not comprehending
the question.
Q. During your conversation with
Mr. Block, did you ever discuss whether or not
your conversation would then be relayed to any
reporters?
A. Well, he was -- he was supposed to
be the communication source.
Q. So, you don't recall whether or
not, after speaking with him, you spoke with
other members of the New York Post or other
reporters?
A. Well, I do have a notation here
that on August 31st towards the end of the day
www.ellengrauer.com
Page 97 to Page 100
BSA XMAX(26/26)
GARY SUSON
Page 101
Page 103
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
that Stephanie Gaskell called, but I don't have

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

about?
Q. The first sentence you see -- I'll
read the full sentence. "Although my lawyers
will handle it from here, I wish to advise you
that you are pushing things to the edge with
your unmerited slander of me to the Associated
Press this morning."
Did you know what he was talking
about by "unmerited slander" when you read that
on August 28th?
A. No, but again, as we said before, I
outreached to the Associated Press to question
how they could have run a story without
checking first with the union.
Q. Again, the second sentence where he
says that you told the AP he was a "con
artist," you're not familiar with what he's
referring to?
A. No, I'm not.
Q. About midway down it says, the
paragraph starts "I was placed in Ground Zero
by the UFA and have written documentation to
that fact from the Uniformed Firefighters
Page 102
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Page 104
(1)
a.m. from Mr. Suson to a

tbutler@butlerassociates.com.
A. Yes, that's my e-mail address.
Q. Do you recall receiving that e-mail
at the time?
A. I do recall receiving it, yes.
Q. Do you remember reading it at the
time you received it?
A. I do.
Q. And -A. Now, I don't know when I received
it, that night, the next morning.
Q. The first sentence says "Although
my lawyers will handle it from here."
Did you ever hear from any lawyers
representing or affiliated with Mr. Suson?
A. Not that I'm aware of, but at that
point, that's when I immediately referred it
all to Mr. Block for his -- for his oversight.
Q. In that first sentence he also
mentions "unmerited slander of me to the
Associated Press this morning."
Did you know what he meant when you
read it at the time?
11:58
Page 101 to Page 104
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Association. I have been carrying the title of

official photographer at Ground Zero for the
Uniformed Firefighters Association for three
years and no one has ever voiced a grievance
until you."
Did you know -- were you surprised
that he may have been using the title "official
photographer" when you read that in 2005?
A. Was I surprised that -Q. Did you know that he had been using
that title?
A. Well, it wouldn't have been
something that came to my level. Again, it
wasn't something that I would deal with.
Q. But you weren't familiar with him
having used that title?
A. No, sir, I was not. That's
correct.
Q. Towards the bottom of the document
in the last paragraph it says, "If you persist
in slandering me and spreading this
information, I will sue you personally for
slander without hesitation."
Were you ever sued personally by
www.ellengrauer.com

(212) 750-6434
BSA XMAX(27/27)
GARY SUSON
Page 105
Page 107
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Mr. Suson?
A. No, sir.
Q. Later on in that paragraph it says,
"You phoned Associated Press this morning and
told an outright lie and you should be ashamed
of this."
Do you know what he's referring to?
A. Yes. When the story popped up on
my computer identifying that one of my
clients -- there was a story about one of my
clients, I contacted the Associated Press. I
questioned how the Associated Press -- who was
the source of the Associated Press story and,
you know, how come they did not contact the
union to authenticate.
Q. Did you speak with Mr. Block about
this e-mail?
A. Oh, yes, I referred this to
Mr. Block.
Q. Do you remember the substance of
your conversation with Mr. Block at all
regarding this e-mail?
A. I would assume it's basically, hey,
Mike, it's out of my hands, you have to deal
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Q. Do you know if there was any

attachment or anything associated with this
document?
A. No, I'm not aware. I'm not aware.
Q. The next page after this document,
the fax trailer 8 of 12 appears to be three
checks. Do you recall why you sent these
checks to Mr. Block?
A. No, I'm not aware -- they may have
just been provided to me, so I gave it to him.
Q. Do you know where that came from?
A. Well, it would have come from the
firefighters union, the Widows and Children's
Fund.
Q. Do you recall speaking to anybody
specifically who would have received these
checks?
A. Well, it would have been the
bookkeeper or the controller of the fund. If I
had -- I would have got it from them or I would
have gotten it possibly from Mr. Spollen.
Q. Do you have any specific knowledge
as to who you might have gotten these checks
from?
Page 106
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Page 108
(1)
with this now.

Q. Did you perceive it as a threat
when you received the e-mail?
A. I think you had to, yeah.
Q. After this e-mail there's a
one-page document. It's from August 28, 2005,
from Mr. Suson to tbutler@butlerassociates and
it says "memo response."
A. I'm sorry, which page is this?
Q. It's after the two-page e-mail. It
says at the top "Main identity," and at the
bottom, it's fax -- it's trailer page 7 of 12.
A. Okay.
Q. It's an e-mail dated August 28,
2005, from Mr. Suson to you and it says "Memo
response to the AP New York, New York."
Do you recall receiving this
e-mail?
A. I don't recall receiving it. This
one didn't hit on my radar screen like the
first one did. But no, I didn't, and also I
don't know when I was checking my e-mails
whether it was later that night or the
following day.

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
A. No, I don't, sorry.

Q. The next page is a one-page article
"From a camera at Ground Zero, rare photos of
an agonizing dig."
A. What newspaper did this appear in?
Q. For the record, I believe it's the
New York Times. Do you recall where this
article came from?
A. No, I don't.
had seen it when it was originally published?
A. I don't recall. I truly don't. I
recall the photograph. I recall the
photograph. I recall seeing the photograph,
whether here or elsewhere, but I don't recall
the story.
Q. And then the next page, the next
three pages appear to be a printout from the
Ground Zero Museum workshop. Do you know if
those are the same pages as in Exhibit 186, the
last three pages of 186, they appear to be the
same, would you say that is correct?
A. Yes, I think they are exactly the
same.
www.ellengrauer.com
BSA XMAX(28/28)
GARY SUSON
Page 109
Page 111
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Q. Do you recall when you would have

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

section.
A. Okay.
Q. Have you ever spoken with Murray
Weiss before?
A. Oh, sure.
ever spoke with him about this particular
article?
A. I have no notations about it so I
don't recollect.
Q. And, again, Stephanie Gaskell
appears in one of your notations?
A. Yes, on Wednesday -- later in the
day on Wednesday, August 31st.
Q. And again, you have no specific
knowledge as to what you might have discussed
with her on that particular day?
A. No, Stephanie used to call very
frequently at deadline for a whole variety of
stories that she could have been working on.
Q. So, it's fair to say you had
frequent contact with Stephanie Gaskell?
A. She would call us frequently to try
Page 110
Page 112
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Q. Towards the top, it says "Suson" -strike that. Suson "stepped away from his
theatrical career after he was offered the role
of a lifetime, to be official photograph at
Ground Zero for the Uniformed Firefighters
Association, FDNY. Wanting to contribute in
any way he could, he began shooting on the
morning of 9/11 and was appointed official
photographer in November of 2001."
Again, did you have any knowledge
at that time that he was the official
photographer for the UFA?
A. No, sir, I did not.
Q. Have you learned anything since
that date to indicate to you that he was the
UFA official photographer?
A. No, sir.
Q. Do you have any knowledge that he
was appointed official photographer in November
of 2001?
A. No, sir. November of 2001, your
question was?
Q. Yes.
A. No, sir.
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
to get information or comment on stories.

Q. I'm going to show you a document
marked as Exhibit 100. I ask you to review the
article in the middle of the page. "9/11 Cam
Scam" is the title.
A. (Reviewing.)
Yes, sir.
Q. Do you recognize this article?
A. Sure. I remember reading it in the
Post.
Q. Do you remember reading it on the
day that it was published, which is August 31,
2005?
A. I'm sure I did. I'm sure that's
when I did.
Q. Do you know if you provided any of
the information that's contained in the
article?
A. Well, I'm assuming that Mr. Block
did.
Q. Do you remember if you specifically
provided any of the information?
A. No, I'm not aware of that. Later
on in the article it talks about there was no
www.ellengrauer.com

(212) 750-6434
BSA XMAX(29/29)
GARY SUSON
Page 113
Page 115
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
such title and it mentions -- it mentioned a

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

it says, "Current union officials in the FDNY
said there was no such title, but one ex-union
official told the Post that Suson was given
it."
Do you know if that statement is
accurate?
A. Well, currently the officials said
there was no such title. There has never been
such a title. I can't say what another person
says. There's been no such title.
Q. And the second part states, "One
ex-union official told the Post that Suson was
given it."
Do you have any knowledge about
that statement?
A. Well, I think you talked about that
before.
Q. Meaning Mr. Sanfilippo?
A. Yes.
Q. At the time that this article was
published, did you know that it Mr. Sanfilippo
was who was being referenced in that paragraph?
A. Well, I'm assuming that's who.
Page 114
Page 116
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
firefighters union."
I'm asking whether or not that
statement is accurate?
A. It seems that the Post report on
that is accurate.
Q. Later on in the article it states
in the third column, "Meanwhile, FDNY union
officials are preparing to send a letter to
Suson demanding he stop claiming he worked as
their official photographer."
That's the letter that you inferred
Mr. Block would be writing?
A. That's right.
Q. Do you know if that letter did, in
fact, go out?
A. I think -- did you show it to me
before?
Q. I haven't shown it to you before.
A. Okay. Maybe Mr. Axelrod showed it
to me earlier.
Q. Did you know at the time of the
article that such a letter was going to be
going out?
A. I don't know. I don't recall.

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Q. I'm asking at the time you read the

article, do you know whether or not you were
knowledgeable about it having been
Mr. Sanfilippo?
A. I don't recollect.
Q. The next paragraph says, "Current
union officials and the FDNY also charge Suson
with not honoring his pledge to donate
thousands of dollars in proceeds from his 9/11
artwork."
Do you know anything about that
statement, the accuracy of that statement?
A. I don't know about that, but
that -- I don't know if that refers back to the
last exhibit you showed me, which is 150, which
shows several checks.
Q. Right. Do you recall whether or
not you had any discussions with people about
Mr. Suson's agreement to provide charitable
donations?
A. I wouldn't have been familiar with
any agreements. I don't get involved with the
union's charities in that way.
Q. But at some point you did procure
www.ellengrauer.com
BSA XMAX(30/30)
GARY SUSON
Page 117
Page 119
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
three checks and send those to Mr. Block;

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

A. No.
Q. Do you remember whether or not it
was a message or any kind of indication that
she was working on this particular story?
A. I don't know whether she left a
message with an administrative assistant, on a
voicemail or if she left a message with me
personally. I don't know.
Q. I'm going to show you Exhibit 103.
If you would take a look at the article in the
middle of the page regarding Mr. Suson.
A. (Reviewing.)
Okay.
Q. Do you recognize this article?
A. I don't recognize it.
Q. Do you have any memory of whether
or not you reviewed it before today?
A. I'm sure I read it. Again, I read
the clips every morning.
Q. Do you recall any -- were you
ever -- were you at the press conference that's
mentioned in this particular article?
A. No, sir.
Page 118
Page 120
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
marked as Exhibit 102. Take a quick glance at

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

provided any information in this particular
article?
A. No, sir. It doesn't look to me
that Mr. Block or anything from the union is in
here except for regurgitating what was in
previous articles.
Q. Correct. I'm going to read from
the third column, it says "He," meaning
Mr. Suson, "claimed that he was the 'official'
FDNY union photographer during the cleanup
effort. FDNY officials dispute that claim,
however, saying Suson was never given any
official duties.
To your knowledge, is that
statement accurate?
A. Well, I think the statement you
just read was FDNY officials. That would mean
the commissioner's office.
Q. This statement actually says FDNY
union photographer, yeah, it says FDNY
officials in this article.
A. "Officials dispute," that would
mean Metrotech, which is the commissioner and
www.ellengrauer.com

(212) 750-6434
BSA XMAX(31/31)
GARY SUSON
Page 121
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Page 123
(1)
Francis Gribbon (phonetic) who is the

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

statement?
A. Do I know that to be an accurate
statement?
Q. Yes.
A. Yeah. We've never had an official
photographer as far as I've been made aware.
Q. Are you familiar at all with one of
the subjects of this article Michael Bologne?
A. No, I'm not. I remember the story.
Q. In the process of all of these four
Post articles, do you recall whether or not you
gave any information to Cynthia Fagan other
than telling her to call Mr. Block?
A. Yeah, I'm not aware of giving her
any information, but I do recall telling her
she's got to speak to Michael.
Q. Do you not recall one way or the
other if you gave her additional information?
A. I don't recall.
Q. I show you a document we'll have
marked as Exhibit 187.
(Exhibit 187, e-mail from the
Ground Zero Museum, marked for
Page 122
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
Page 124
(1)
Mr. Cassidy believed that there had never be an

official photographer at Ground Zero?
A. That is my understanding, yes.
Q. Did you have any discussions with
him about that, that you recall?
A. Yes, I did, yeah.
Q. I'll show you one final article
from the New York Post which is Exhibit 106. I
ask you to read the article at the bottom "9/11
Charity Big Busted."
A. (Reviewing.)
Okay.
Q. Have you ever seen this article
before?
A. I don't recall if I have.
Q. Do you know whether or not -A. You asked me the name earlier and I
didn't recognize it at the time.
reviewed it at the time it was published?
A. I'm sure I read the clips.
Q. The very last sentence of the
article says, "Leaders of the union say Suson
is not its photographer."

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
identification.)
Q. I ask you to review that document.
A. (Reviewing.)
Okay.
Q. Do you recall ever seeing this
e-mail before?
A. I don't recollect it.
Q. Do you remember if you ever read
the e-mail before?
A. I don't know if I did, let me look
at the e-mail again.
Q. For the record, it's an e-mail,
subject "Meeting," from the Ground Zero Museum
to tbutler@butlerassociates.com.
A. That is my e-mail address, but I do
not recollect reading it or seeing it, but
again, I get a large volume of e-mail every
day.
Q. The first paragraph states "Widows
and Children's Fund is but only one of many
charities and it is imperative that we are all
on the same page so another fiasco like the
Post doesn't happen again."
Do you know what Mr. Suson is
www.ellengrauer.com
BSA XMAX(32/32)
GARY SUSON
Page 125
Page 127
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
referring to?
A. No.
Q. Two paragraphs down it says, "I can
think of nothing but positive things that can
come of this. I have many enormous projects
that will come to fruition in the coming years
and it will be in the best interest of everyone
if we are on the same page."
Do you have any idea what Mr. Suson
meant by "enormous projects"?
A. No, I do not, but can I just say,
my job is to address media and that's my sole
job, not to do meetings on behalf of the union.
+ MR. LEFKOWITZ: Object and move
to strike everything after "I do not."
Q. It states in this same paragraph,
"I would like to sit down with you at your
earliest convenience and have a mature and
healthy conversation to work through all of
this."
Did you ever sit down with
Mr. Suson?
A. No, sir.
Q. Why is that?
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
been collaborating, may have -- may have used

that in their announcements.
Q. Do you remember any other press
that you came across regarding Mr. Suson or the
Ground Zero Museum Workshop at any time?
A. Again, as I stated, there were a
couple of alerts that came, you know, it could
have been six months, could have been a year
later, where it indicated that title.
Q. But you don't remember the nature
of the articles or anything?
A. No, no.
Q. I'm going to show you one final
document. We'll mark as 188.
(Exhibit 188, e-mail from Thomas P.
Butler to Cynthia Fagan on September 1,
2005, marked for identification.)
Q. It's an e-mail from Thomas P.
Butler to Cynthia Fagan on September 1, 2005,
and the subject is "Photos requested."
Is tbutler@butlerassociates, that's
your e-mail address?
A. Yes, it is.
Q. Do you have any idea why you sent
Page 126
Page 128
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
A. As I stated, following the

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

A. She must have requested photos on
September 1st.
MR. LEFKOWITZ: For the record, the
witness is reviewing Exhibit 186.
A. I have no notation of this at all
in here, but the UFA was doing various other
things on that particular day.
Q. Do you have any knowledge what the
photos might have been?
A. No, I do not.
Q. And, again, you don't have any
recollection with speaking with Cynthia on that
day, September 1, 2005?
A. No, I have no notation of it, I'm
sorry, so I have no recollection of it.
MR. CONTI: I have nothing further.
Thanks very much for your time today.
Mr. Butler, I appreciate it.
MR. LEFKOWITZ: I do have a few
questions for you.
EXAMINATION
BY MR. LEFKOWITZ:
Q. You talked about Google Alerts and
www.ellengrauer.com

(212) 750-6434
BSA XMAX(33/33)
GARY SUSON
Page 129
Page 131
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
you talked about clips that you received. When

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

"it" that you're talking about that these
people would get?
A. For instance, if a firefighter in
New Jersey died, it would be all the stories
covering that firefighter's death. If the
sanitation workers in New York City received a
contract, a new contract with a raise or a
benefit, that would be detailed, so that they
were knowledgeable about the happenings of the
day that related to their job, their safety or
their contract.
Q. What about -- what about things
involving the UFA?
A. Yes, any -- if there was something
where the UFA was notified -- the UFA was
mentioned, that would be included as well.
Q. Okay. Any article in which the UFA
was mentioned -A. That's correct.
Q. -- that would be included in your
clippings that you got in the morning?
A. That would be delivered, yeah.
Q. And that's the same clipping that
Page 130
Page 132
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
client, you would receive clips about the union

from various other news organizations,
newspapers, that sort of thing?
A. No. Starting in about late 2002 or
early 2003, the union started using some
service where they send us selected news clips
of the day and those are delivered to my e-mail
box every day, every morning in fact.
Q. And you said that began in late
2002 or early 2003?
A. I think about -- I think about late
2002, early 2003. Again, I can't pinpoint it.
It could have been August 2002. I don't know.
Q. And this is a service that was
initiated or obtained by the union or by your
office?
A. By the union.
Q. And I presume then that the union
designates who it wants to receive these clips,
these alerts?
A. I think it sends it to every
firefighter delegate in the City of New York.
So, one representative from every firehouse in
the City of New York gets it.

(212) 750-6434
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
would be sent to all of the delegates

throughout New York?
A. Yeah, I don't know the minutia of
it, but that's what I understand, yeah.
Q. Okay. How did you come to first
represent the UFA?
A. I think we discussed that earlier.
It's on the record. Do you need me to answer
it again?
Q. If you would, please.
A. Sure. In early 1996, a former
colleague in New York City Hall contacted me
and said that the firefighters union, the UFA,
was looking for someone to represent them.
Q. Who is this colleague at City Hall?
A. He was previously at City Hall, his
name is Michael Clendenin, C-L-E-N-D-E-N-I-N.
And he had recommended me and I went and met
with then president, Thomas von Essen, and we
began our efforts on behalf of the union on or
about March of 1996.
Q. Going to Exhibit 186, which is your
planner.
A. Yes, sir.
www.ellengrauer.com
BSA XMAX(34/34)
GARY SUSON
Page 133
Page 135
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
Q. The first page there. I believe

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

A. Well, it was the first meeting I
had that day, yes.
Q. And then the Cynthia Fagan notation
is the next thing that you did that day?
A. That's the next notation I have in
the book, yeah.
Q. Okay. And that indicates to you
that she called early in the morning before
lunch?
A. That's correct.
Q. At the very least you know that it
was before lunch?
A. I believe so, yes.
Q. I believe we spoke about the name
or you spoke about the name Verena Dobnik when
Mr. Conti was questioning you?
A. Yes, sir.
Q. Do you remember speaking to
Ms. Dobnik about Gary Suson?
A. I truly don't. I remember calling
to the Associated Press to inquire, but I don't
recall a direct conversation with her or anyone
else over there. The way the AP works is they
Page 134
Page 136
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
probably, you know, obviously before lunch.

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

generally don't always put the name of the
writer of the story. Most times they don't put
the name of the writer.
MR. LEFKOWITZ: I might be just
about done, but I'll step out with my
client and been back in just a moment.
(Recess.)
Q. I just have a couple of questions
that should take just a moment. Other than
receiving the Google Alerts that you talked
about and the clips that you talked about, do
you ever on your own do a search, a Google
search or some other kind of search on the
Internet or a library or newspapers or anything
like that, on your own, to find out whether the
UFA is the subject of any article or any of
your other clients are the subject of any item
in the news?
A. Typically not for the UFA just
because the reporting on them is so in your
face. And by that I mean they have a clipping
service that picks up stuff out of obscurity.
They can pick up tiny little press releases
www.ellengrauer.com

(212) 750-6434
BSA XMAX(35/35)
GARY SUSON
Page 137
Page 139
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
that some company puts out who just won a

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

documents that were -- that you reviewed this
morning?
A. Not that I'm aware of.
THE WITNESS: Mr. Axelrod?
MR. AXELROD: I'm not being deposed
so I can't. I'm not going to give the
answer and also we have an
attorney/client privilege and I'm not
going to respond.
A. I only recall what was shown to me
and when I did the search of my own records, I
came up with the website, the three-page
website text which was included in the
documentation, and then also the appointment
book, memorandums.
Q. Do you know where it is that
Mr. Axelrod got the documents that he showed
you this morning?
A. No, I don't.
Q. Are you aware that he got them from
Mr. Conti's office or some other source?
A. No, I have no knowledge of that.
MR. LEFKOWITZ: I have no further
Page 138
Page 140
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(1)
news program or a story on CNN, on television,

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

(212) 750-6434
(2)
(3)
(4)
questions.
MR. AXELROD: I have no questions.
(Time noted: 1:16 p.m.)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
www.ellengrauer.com
BSA XMAX(36/36)
GARY SUSON
Page 141
(1)
Page 143
ACKNOWLEDGMENT
(1)
(2)
(2)
(3)
(4)
(5)
STATE OF
:ss
COUNTY OF
(3)
(4)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(5)
I, THOMAS P. BUTLER, hereby

certify that I have read the transcript
of my testimony taken under oath in my
deposition; that the transcript is a
true, complete and correct record of my
testimony, and that the answers on the
record as given by me are true and
correct.
(8)
(9)
(10)
(11)
(12)
(13)
(15)
(16)
(14)
___________________________
THOMAS P. BUTLER
(15)
(16)
(17)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
*** ERRATA SHEET ***

ELLEN GRAUER COURT REPORTING CO. LLC
126 East 56th Street, Fifth Floor
New York, New York 10022
212-750-6434
NAME OF CASE: Suson v. NYP Holdings, et al

DATE OF DEPOSITION: 9/27/08
NAME OF WITNESS: THOMAS P. BUTLER
(6)
PAGE LINE FROM
TO
REASON
(7)
(6)
(7)
(18)
Signed and Subscribed to

before me, this day
of
, 2007.
________________________________
Notary Public, State of New York
(19)
(20)
(21)
(22)
(24)
(23)
(24)
(25)
(25)
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
____|____|________|_________|__________________
_______________________
Subscribed and sworn before me

this_____day of ____, 2007
__________________ _______________________
(Notary Public)
My Commission Expires:
Page 142
(1)
CERTIFICATE
(2)
(3)
STATE OF
(5)
)
:ss
(4)
COUNTY OF
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
I, SOPHIE NOLAN, a Shorthand Reporter and

Notary Public within and for the State of New
York, do hereby certify:
That THOMAS P. BUTLER, the witness whose
examination is hereinbefore set forth, was duly
sworn by me and that such deposition is a true
record of the testimony given by such witness.
I further certify that I am not related
to any of the parties to this action by blood
or marriage; and that I am in no way interested
in the outcome of this matter.
IN WITNESS WHEREOF, I have hereunto set
my hand this 5th day of October, 2007.
(20)
(21)
(22)
________________________
SOPHIE NOLAN
(23)
(24)
(25)
www.ellengrauer.com

(212) 750-6434
BSA XMAX(1/37)
GARY SUSON
Concordance Report
--Unique Words: 1,553
Total Occurrences: 6,870
Noise Words: 382
Total 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; 138:10
10 [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; 126:8
11554 [1]
3:6
11th [6]
2:5; 44:11, 12, 25; 45:11,

12
2001-2002 [1]
12 [3]
85:15
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; 116:16
152 [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; 132:23
187 [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, 22
1:16 [1]
140:4
1st [1]
128:4
2002 [15]
**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

(212) 750-6434
20:4, 14; 69:17, 25; 71:10,

24; 82:9, 10; 87:24; 88:9;
90:3; 130:5, 11, 13, 14
2003 [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; 129:9
2006 [1]
1:9
2007 [4]
1:13; 141:21; 142:19;
143:23
204 [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;
133:4
28 [6]
76:21; 77:14; 101:19, 25;
106:7, 15
28th [9]
50:16; 51:16, 17; 52:23;
78:22; 91:19; 103:12;
126:3; 133:5
29 [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;
126:3
29th/30th [1]
70:5
www.ellengrauer.com
**3**
30 [4]
96:6, 17, 24; 133:17
3000605 [1]
1:9
30th [6]
59:22; 64:9, 24; 67:17;
70:18; 96:5
31 [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
9/11 [9]
80:9; 110:9; 112:5; 116:10;
118:4, 14; 121:22; 122:10;
134:4
9/11-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;

102:2
ability [1]
47:2
able [6]
**5**
9:23; 29:20; 47:19; 52:5;
117:13; 134:24
5 [2]
access [7]
4:4; 138:10
22:3, 14; 41:10; 44:22, 23;
51 [1]
69:16; 93:5
4:22
accompanied [1]
516-296-7111 [1]
44:6
3:9
account [3]
516-296-7172 [1]
13:22; 21:10, 12
3:8
accounting [2]
56th [2]
117:21
1:23; 143:2
accuracy [1]
5:30 [1]
116:13
67:21
accurate [16]
5th [1]
16:10; 19:9; 61:14; 86:3, 5;
142:19
87:25; 113:12, 19, 21;
114:4, 6; 115:8; 118:24;
**7**
120:17; 123:2, 4
7 [4]
acquire [1]
4:9; 106:13; 137:19; 138:10 47:4
75 [1]
acting [1]
4:23
42:12
action [2]
**8**
94:2; 142:15
actual [2]
8 [1]
46:21; 73:12
107:7
ad [1]
85164 [1]
13:13
1:25
additional [3]
875 [2]
11:5; 46:17; 123:20
1:11; 2:12
address [8]
8:29 [1]
5:16; 34:14; 101:15; 102:4;
80:5
124:16; 125:13; 126:6;
127:23
**9**
adler [1]
3:3
9 [3]
4:10; 134:4, 9
administer [1]
From 9/27/08 to administer
BSA XMAX(2/38)
GARY SUSON
74:12
132:9; 139:9
administrative [2]
answered [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; 77:19
alerted [1]
78:10
alerts [9]
27:21; 28:4; 126:23; 127:8;
128:25; 129:4, 23; 130:21;
136:12
alleged [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;
arrow [2]
54:2; 59:10
69:3; 129:6
article [41]
40:10; 51:24; 52:2; 80:8,
answering [1]
7:19
10, 14, 16, 18, 22; 81:3, 21;
95:23; 108:3, 9; 111:10;
answers [5]
6:5; 7:9, 12; 138:20; 141:12 112:5, 9, 19, 25; 114:7, 23;
115:22; 116:3; 118:3, 6, 12,
anybody [5]
30:22; 47:21; 48:4; 93:23;
16; 119:12, 16, 24; 120:4,
107:16
23; 122:8, 10, 14, 24;
123:10; 131:19; 133:3, 10;
anymore [1]
91:18
136:18
anyway [2]
articles [8]
39:13; 68:7
25:12; 90:9, 12; 120:8;
121:24; 123:13; 127:12
anywhere [1]
88:10
artist [1]
103:19
ap [29]
54:17; 60:3, 14; 76:22;
arts [1]
78:2, 5, 6, 9; 79:2, 12, 14,
10:21
16; 80:18, 22; 81:7, 23;
artwork [1]
82:6; 89:8, 10, 14; 90:20;
116:11
91:2, 18, 25; 99:15;
ashamed [1]
103:18; 106:17; 133:4;
105:6
135:25
aside [2]
33:19; 76:17
appear [3]
108:6, 19, 22
asking [5]
8:19; 74:2; 82:24; 114:3;
appearances [1]
26:14
116:2
appears [8]
asks [2]
26:12; 61:21; 77:7; 80:8;
31:19; 49:15
86:17; 88:24; 107:7; 111:14 assembly [1]
43:3
appointed [2]
110:9, 20
assist [1]
94:25
appointment [5]
4:10; 9:5, 10, 13; 139:16
assistant [5]
18:10; 23:18; 39:10; 119:8;
appreciate [3]
5:13; 6:24; 128:20
134:17
appropriately [1]
assisting [1]
48:6
26:14
approve [2]
associate [1]
26:7, 10
11:22
approves [1]
associated [24]
26:6
30:5; 50:22; 51:5, 24;
54:17; 76:21; 77:14, 20;
approximate [1]
133:24
79:19; 83:19; 85:6; 87:9;
89:6, 20; 91:6; 102:23;
approximately [2]
18:2; 20:16
103:8, 14; 105:5, 12, 13,
14; 107:3; 135:23
april [2]
69:25; 71:9
associates [21]
11:13, 15; 12:4, 7, 18; 14:3;
archives [1]
57:24
15:18; 16:15, 24; 17:4, 6,
12, 14, 16, 20; 18:8; 19:11,
area [2]
43:4; 44:2
17; 21:7; 25:3; 40:19
arrange [3]
association [26]
26:16, 18; 46:9
14:19; 15:3; 19:12, 21;
28:24; 29:13; 30:2; 35:24;
arrangement [1]
74:16
37:12; 42:23; 50:18; 51:4;
52:9; 63:22; 64:16, 21;
arrangements [1]
74:10
71:9; 72:11; 77:12; 78:13;
80:25; 87:14; 104:2, 4;
arrested [1]
49:22
109:24; 110:7
From administrative to block
www.ellengrauer.com
assume [9]
6:16; 38:8; 56:18, 25;
58:12; 70:3; 96:15; 97:9;
105:24
assuming [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, 17
authenticate [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, 22
axelrod [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; 109:9
backhoes [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; 132:21
believe [11]
59:4; 64:6; 77:17; 81:12,
17; 85:5, 8; 108:7; 133:2;
135:15, 16
believed [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,

(212) 750-6434
BSA XMAX(3/39)
GARY SUSON
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; 126:5
block'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;
94:5
bologne [1]
123:10
book [9]
4:10; 9:5, 13; 26:16; 53:19;
56:4, 19; 135:8; 139:17
bookkeeper [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; 143:5
butler'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; 118:22
call [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; 133:18
calling [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; 96:2
cam [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; 126:7
career [2]
35:14; 110:4
carried [1]
82:18
carrying [1]
104:2
carter [1]

(212) 750-6434
20:20
85:2
case [5]
citizens [1]
5:10, 12; 42:9; 92:19; 143:4

cassidy [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; 122:2
cassidy's [5]
54:19; 60:4, 6, 18; 70:23
caught [1]
82:17
caused [5]
73:13; 80:22; 81:6; 109:20,
21
cbah.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; 124:22
charity [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, 18
chief [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]
www.ellengrauer.com
17:4, 5, 12, 16; 19:11, 17

closest [1]
34:22
23:8
city [15]
cnn [2]
1:1; 8:11; 15:8; 18:11, 20;
138:2, 8
19:3; 30:4; 46:4; 130:23,
co [2]
25; 131:8; 132:13, 16, 17;
1:23; 143:2
137:4
collaborating [1]
127:2
city's [1]
80:25
collapse [1]
40:25
civil [2]
1:1; 8:10
colleague [3]
15:8; 132:13, 16
civilian [1]
42:14
college [9]
10:11, 12, 13, 14, 18, 22;
claim [1]
120:13
18:24; 19:2, 7
claimed [1]
column [6]
120:11
114:8; 115:2; 120:10;
121:6, 8; 133:17
claiming [5]
53:10, 25; 55:22; 59:9;
coming [3]
114:10
5:13; 40:10; 125:7
claims [2]
comment [7]
77:9; 83:18
30:18; 31:20; 84:16; 90:19,
25; 95:22; 112:2
clarify [1]
84:2
comments [3]
37:25; 40:15; 85:6
classes [1]
11:5
commission [1]
143:24
cleanup [1]
120:12
commissioner [1]
120:25
clear [1]
98:2
commissioner's [1]
120:20
clendenin [2]
15:12; 132:18
communicate [5]
23:3, 4; 35:20; 45:17, 21
click [1]
137:19
communicated [1]
26:3
clicked [1]
50:23
communicating [1]
25:15
client [18]
13:22; 15:25; 16:7; 38:8;
communication [3]
50:17; 52:10; 56:7, 10;
57:14; 93:11; 100:19
77:21; 83:9; 89:22; 91:12,
communications [6]
13; 101:12; 109:10; 130:2;
18:9, 10; 23:16; 25:22;
136:8; 139:10
35:21; 97:4
clients [17]
company [8]
12:24; 13:8, 14, 25; 14:2, 8; 14:10, 12; 17:17; 21:14;
15:22; 16:16; 25:3; 56:9;
26:20; 29:23; 46:11; 137:2
84:3, 8; 105:11, 12; 129:20; compilation [1]
136:19; 137:6
28:9
clip [1]
compile [1]
28:8
28:12
clipping [5]
complete [3]
131:25; 136:23; 137:10;
22:23; 25:5; 141:11
138:3, 14
comprehending [1]
100:12
clippings [1]
131:23
comprehensive [1]
137:11
clips [15]
27:25; 28:9, 13; 29:22;
computer [6]
30:12; 31:2, 6; 40:7;
27:22; 28:5; 29:14; 57:24;
119:21; 122:22; 129:2;
58:24; 105:10
130:2, 7, 20; 136:13
con [3]
90:20, 25; 103:18
clores [6]
From block's to con
BSA XMAX(4/40)
GARY SUSON
concept [1]
controller [1]
13:11, 16
dealings [1]
16:12
107:20
credentials [1]
73:6
concern [1]
convenience [1]
44:20
death [1]
109:21
125:19
crime [1]
131:7
concerned [2]
conversation [24]
47:22
deaths [1]
crossed [2]
30:8
50:22; 77:19
curious [2]
50:23; 82:11
current [5]
11:11, 12; 19:23; 115:3;
116:7
currently [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
debate [1]
57:9; 73:7
33:20; 56:23; 58:8; 59:16;

62:19; 63:17, 25; 65:6;
concerns [2]
86:24; 87:16
68:10; 69:4, 7; 77:13, 24;
78:8, 25; 96:24; 99:15;
concrete [1]
73:12
100:3, 9, 14, 16; 105:22;
125:20; 135:24
conference [8]
25:11, 25; 42:25; 43:11, 20; conversations [2]
75:8; 113:17; 119:23
34:7; 66:14
conferences [5]
convey [2]
25:18, 20; 36:2, 6; 83:5
24:6; 38:15
confident [1]
coordinating [1]
54:9
13:2
confirm [1]
copies [3]
51:8
94:10; 117:4
considered [1]
copy [2]
67:23
70:24; 71:3
consultant [1]
corner [1]
37:4
71:12
cont'd [1]
correcting [1]
3:1
55:18
contact [17]
correction [1]
23:15; 38:13; 39:3; 48:12,
67:17
14; 80:22; 87:2, 5, 16, 17,
correctly [1]
20; 91:18; 92:2; 98:3, 5;
20:4
105:15; 111:24
counsel [3]
18:20; 37:11; 96:22
contacted [8]
60:14, 17; 77:20; 78:13, 14; country [2]
91:22; 105:12; 132:13
30:8, 9
contacting [2]
county [4]
78:4; 82:6
1:2; 8:11; 141:5; 142:5
contacts [1]
couple [6]
16:17
19:19; 94:11, 14; 126:22;
127:8; 136:10
contained [1]
112:18
course [1]
contemporaneous [1] 79:9
61:16
court [6]
1:1, 23; 6:19; 8:11; 101:14;
content [1]
134:13
143:2
contents [2]
courtesy [2]
100:3, 9
60:7, 19
conti [10]
cover [6]
2:14; 4:4, 17; 5:6, 8; 9:4;
8:5; 73:25; 75:8; 76:5, 12,
68:22; 128:18; 135:18;
15
138:21
coverage [3]
27:17; 83:6, 9
conti's [1]
139:23
covered [1]
40:9
continue [1]
54:24
covering [2]
83:4; 131:7
continued [2]
45:2; 126:17
covers [1]
27:11
continuously [2]
15:14, 16
crafting [1]
39:24
contract [6]
14:4; 30:6; 131:9, 13; 137:3 crashed [1]
134:11
contribute [1]
110:7
create [2]
From concept to document
**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;
143:5
dated [4]
76:20; 101:25; 106:15;
126:8
dates [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
www.ellengrauer.com
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;
137:3
deposed [1]
139:7
deposition [7]
1:16; 5:22; 9:20; 16:20;
141:10; 142:12; 143:5
describe [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; 117:16
determine [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; 132:8
discussing [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;

(212) 750-6434
BSA XMAX(5/41)
GARY SUSON
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;
127:15
documentation [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, 19
doesn't [6]
30:22; 85:14; 118:17;
120:5; 124:24; 137:7
dollars [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;
120:15
duty [2]
74:14; 95:3
easy [1]
143:4
73:10
evacuation [1]
economics [1]
42:10
10:21
event [4]
edge [1]
43:25; 73:25; 74:8; 75:9

events [1]
36:11
edit [1]
13:10
ex-union [2]
115:4, 14
editing [1]
13:24
exact [1]
64:10
educational [1]
11:2
exactly [2]
42:21; 108:24
effort [2]
69:17; 120:13
examination [4]
4:3; 5:5; 128:23; 142:11
efforts [2]
47:7; 132:21
examined [1]
5:3
eight [4]
14:8; 17:8; 36:11; 44:10
example [3]
26:13; 47:8, 21
elected [3]
20:2, 3; 22:4
except [2]
88:4; 120:7
election [1]
85:3
excuse [2]
21:19; 68:7
electronic [3]
13:6; 58:21, 23
executive [5]
23:18; 28:17; 39:9; 84:4, 5
electronically [1]
27:23
exercise [1]
6:4
eleven [4]
14:15; 22:10; 27:14; 36:10
exhibit [33]
4:8; 7:24; 9:5; 50:12, 13;
ellen [2]
1:23; 143:2
52:15; 58:11; 64:4; 69:20;
74:4; 75:10; 76:3, 18;
elsewhere [1]
108:16
79:22; 82:8; 86:6; 88:13;
91:24; 98:16; 101:4, 21;
emergency [1]
42:10
108:21; 109:14; 112:4;
116:16; 118:2; 119:11;
employees [3]
**E**
12:6, 14; 16:16
122:9; 123:23, 24; 127:16;
128:6; 132:23
employer [1]
e-mail [37]
11:12
exhibits [1]
2:17; 3:10; 4:11, 13; 57:13,
4:17
end [4]
22; 63:3, 4; 69:10; 88:25;
56:21; 67:22; 90:18; 100:25 expedite [1]
97:4; 101:19, 20, 25; 102:4,
39:3
enforcement [1]
5; 105:18, 23; 106:4, 6, 11,
42:14
expended [1]
15, 19; 123:24; 124:7, 10,
16:2
enormous [2]
12, 13, 16, 18; 126:3, 13;
125:6, 11
expenditure [1]
127:16, 19, 23; 128:2;
16:5
entitled [1]
130:8
80:9
experience [2]
e-mailed [1]
42:15
errata [1]
58:24
143:1
expires [1]
e-mails [3]
143:24
erroneous [2]
57:24; 69:12; 106:23
89:5, 8
explain [1]
e-newsletters [1]
35:5
escalated [1]
13:11
90:22
extended [1]
earliest [1]
46:12
esq [4]
125:19
2:3, 7, 14; 3:7
extremely [1]
early [8]
45:15
essen [3]
70:4; 89:14; 130:6, 11, 13;
21:2, 3; 132:20
132:12; 133:22; 135:10
**F**
essence [1]
earnings [1]
51:2
74:11
face [1]
estimate [3]
136:23
east [6]
14:5; 15:17; 16:10
1:23; 3:6; 11:25; 61:8, 9;
fact [10]
et [1]
143:2
58:6; 59:11, 22; 83:6, 18;
103:7

(212) 750-6434
www.ellengrauer.com
91:12; 100:8; 103:25;

114:16; 130:9
fact-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; 135:5
fair [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;
111:23
false [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;
123:9
families [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;
109:13
fdny [12]
28:2; 29:3; 110:7; 113:3;
114:8; 115:3; 116:8;
120:12, 13, 19, 21, 22
feel [2]
85:16; 137:11
felt [1]
89:13
fern [8]
54:16, 19, 20; 60:2, 4, 9,
14; 91:25
fiasco [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;
143:2
files [6]
52:5; 58:21, 23; 71:4; 97:24
fill [1]

56:21
final [6]
7:17; 9:16; 85:24; 122:8;
127:14; 138:19
find [8]
8:24; 9:23; 24:10; 31:5;
34:11; 58:14; 136:17;
137:12
finished [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; 137:3
fire-related [1]
25:14
firefighter [6]
24:21; 46:10; 47:11, 12;
130:23; 131:5
firefighter'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; 132:14
firefighting [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;
37:3
firm'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;
135:3
five [5]
From documentation to five
BSA XMAX(6/42)
GARY SUSON
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;
143:2
focused [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; 123:12
fox [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, 25
friendly [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
From fix to inaccurate
full-time [1]
gorman [10]
happy [1]
27:23
12:14
42:22; 64:19, 20; 66:23;

70:2; 71:5, 6, 7, 15
gotten [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; 127:6
groundrules [1]
6:3
guess [2]
16:3; 57:2
guy [1]
72:22
6:14
hogan [2]
hard [3]
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
fully [2]
18:2; 30:10
fund [10]
74:12; 94:19, 22, 24; 95:4,
13; 107:15, 20; 117:22;
124:21
fyi [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;
71:20
gallagher'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; 135:21
gaskell [7]
1:7; 67:24; 68:3; 101:2;
111:13, 24; 118:23
gave [5]
65:20; 107:11; 117:10;
123:14, 20
gentleman [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; 139:8
given [9]
22:14, 24, 25; 47:18; 115:5,
15; 120:14; 141:13; 142:13
giving [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, 14
googles [1]
137:8
**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, 17
hand [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
www.ellengrauer.com
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; 121:16
head [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; 99:19
heights [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]
**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; 123:8
i.d. [1]
4:8
idea [4]
89:16; 93:18; 125:10;
127:25
identification [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

(212) 750-6434
GARY SUSON
inbox [1]
BSA XMAX(7/43)
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; 92:20
incident [2]
24:7; 83:15
inquiring [2]
65:7; 78:11
incidents [1]
49:3
inquiry [13]
24:11; 31:14; 32:16; 33:2;
include [4]
13:12; 29:3, 24; 109:20
38:9; 40:11; 60:20; 65:19,
24; 66:7, 12, 20; 79:14
included [5]
68:15; 109:25; 131:18, 22;
inside [4]
139:15
41:12, 14; 42:18
includes [2]
inspires [1]
13:23; 84:6
80:9
incorporated [1]
instance [3]
1:6
33:5; 39:2; 131:5
independent [1]
instances [5]
137:12
24:3; 32:20, 23; 36:15;
40:14
index [1]
1:9
instructed [1]
38:7
indicate [4]
110:16; 126:24; 133:21;
instructions [3]
134:22
7:15; 22:24, 25
indicated [4]
instructs [1]
51:2; 60:17; 79:4; 127:10
7:6
indicates [2]
interest [2]
67:21; 135:9
31:8; 125:8
indicating [1]
interested [3]
87:12
25:19; 30:17; 142:16
indication [1]
interesting [2]
119:5
31:5; 75:16
individuals [5]
interim [2]
12:12; 48:19; 49:3, 21; 66:9 20:19, 22
inference [3]
international [1]
90:20; 91:4, 15
42:23
inferred [1]
internet [1]
114:12
136:16
info [4]
interview [4]
53:12; 54:4; 58:6; 59:12
26:16, 18; 46:10; 137:18
information [29]
invited [1]
13:3; 24:10; 31:23; 33:17,
93:20
19; 34:11; 38:15, 17; 58:13, involve [2]
15; 79:10, 12; 93:8, 12, 15; 13:23; 27:20
97:11; 98:20; 104:23;
involved [12]
109:11; 112:2, 18, 23;
11:18; 26:14; 35:15, 20;
118:16, 18, 20; 120:3;
39:24; 50:2; 67:11; 92:11,
123:14, 17, 20
13; 95:6, 15; 116:23
informed [1]
involvement [1]
92:15
49:20
informing [1]
involving [5]
60:19
25:15; 46:21; 101:12;
131:15; 138:3
initial [1]
99:8
iodice [1]
54:20
initiated [1]
130:16
irate [1]
82:15
injured [1]
30:7
issue [8]
53:9, 24; 55:22; 56:15;
inquire [3]
87:10; 89:20; 135:23
58:16; 59:8; 66:19; 73:12
inquired [3]
issues [5]
138:18
inc [1]
1:6

(212) 750-6434
13:21; 25:15; 31:4; 82:16;

95:10
item [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;
131:12
jobs [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;
81:10
jpconti [1]
2:17
js [4]
55:5, 7; 61:2; 63:6
**K**
keep [5]
9:9; 48:24; 53:19; 54:12;
56:19
kept [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; 49:9
knowing [2]
93:22; 117:15
knowledge [33]
www.ellengrauer.com
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; 139:24
knowledgeable [2]
116:4; 131:11
kugler [2]
76:21; 77:24
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;
117:7
library [1]
136:16
**L**
lie [2]
85:11; 105:6
large [3]
lied [2]
15:25; 79:20; 124:18
90:21; 91:5
larger [2]
life [1]
15:22; 45:15
87:23
last [8]
lifetime [1]
54:23; 87:21; 104:21;
110:5
108:22; 109:19; 116:16;
light [2]
122:23; 134:20
6:2; 29:14
lasted [2]
limited [1]
46:15; 134:22
23:5
late [4]
line [3]
5:14; 130:5, 10, 12
74:14; 95:3; 143:6
latin [1]
lines [1]
8:10
41:13
law [2]
lisa [1]
5:8; 42:14
11:21
lawsuit [2]
list [3]
6:6, 7
56:5; 81:22, 23
lawyer [1]
listed [3]
138:23
56:19; 64:9; 81:21
lawyers [3]
listen [1]
102:15, 16; 103:5
6:9
leaders [1]
literature [2]
122:24
93:6, 10
leadership [1]
lived [1]
25:13
72:15
learned [1]
llc [3]
110:15
1:23; 11:13; 143:2
leave [2]
llp [2]
19:10; 69:9
2:10; 3:3
leaving [1]
local [1]
69:8
138:11
lefkowitz [21]
located [5]
2:3, 7; 4:5; 31:13; 35:2;
10:9; 11:24, 25; 14:22; 43:5
51:9; 53:21; 54:5; 55:10,
location [1]
18; 70:6, 9; 75:18; 87:7;
43:12
97:12; 125:15; 128:5, 21,
logistical [1]
24; 136:6; 139:25
47:9
left-hand [1]
looks [2]
71:12
118:20; 134:4
legal [3]
lose [1]
37:23; 38:3, 12
85:3
legitimacy [1]
lost [1]
86:24
74:13
let's [7]
lot [6]
9:4; 10:2; 30:22; 35:9; 55:9;
27:11, 15; 34:19; 38:20;
58:9; 64:22
From inbox to lot
BSA XMAX(8/44)
GARY SUSON
45:17; 84:23
mcclancey [1]
loudenville [1] 10:16

lunch [4]
10:8
102:22; 113:2
merrick [1]
3:5
meadow [1]
134:2, 3; 135:11, 14
3:6
message [7]
65:2; 68:4; 69:9; 119:5, 8,
mean [14]
**M**
12:19, 25; 25:9; 35:6;
9; 134:16
39:12; 41:11; 56:13; 59:12; method [1]
main [2]
61:6; 72:23; 101:16;
87:19
81:2; 106:12
120:19, 25; 136:23
metrotech [1]
maintain [1]
120:25
meaning [13]
84:7
26:6; 38:22; 40:9; 55:7;
michael [11]
major [2]
59:2; 63:6, 21; 64:11;
3:7; 15:12; 20:20; 37:8, 10;
87:2, 5
78:21; 95:18; 115:20;
56:13; 65:24; 96:21;
man [7]
118:13; 120:10
123:10, 18; 132:18
72:5; 85:12, 15, 16, 20;
means [7]
middle [4]
90:20, 25
40:23; 54:17; 56:15; 61:12; 82:17; 112:5; 119:13;
management [1]
62:2; 66:18; 84:15
133:16
30:5
meant [2]
midway [1]
mandate [1]
102:24; 125:11
103:22
138:16
meanwhile [1]
mike [11]
manhattan [6]
114:8
53:9, 24; 55:21; 56:14;
72:13, 14; 83:22; 84:14;
59:8; 62:25; 64:17; 66:7,
mechanism [1]
113:8, 24
26:8
21; 76:7; 105:25
march [5]
media [23]
mind [2]
15:3, 4; 21:13; 44:5; 132:22
12:24; 13:2; 25:16; 26:13;
50:11; 54:7
mark [2]
27:11; 35:21; 37:25; 38:6;
mine [1]
9:4; 127:15
40:4; 45:13; 46:8; 53:9, 11, 77:21
marked [12]
25; 54:4; 55:22; 58:6; 59:9, minute [2]
7:24; 9:6; 52:15; 69:20;
11; 87:3, 5; 95:10; 125:13
59:25; 82:9
75:11; 76:3; 88:13; 112:4;
medication [1]
minutes [1]
118:2; 123:23, 25; 127:18
7:18
134:22
marks [1]
meet [2]
minutia [1]
89:8
24:17; 39:22
132:4
marlon [1]
meeting [12]
misinformation [2]
86:18
22:9; 67:7; 82:23, 24; 88:6; 87:4, 6
marriage [1]
93:25; 124:14; 134:3, 8, 14, missed [2]
142:16
19; 135:3
137:15, 16
marshal [2]
meetings [8]
mistaking [1]
48:10, 16
22:2, 16, 18, 22; 93:21, 23; 88:14
marshals [3]
94:5; 125:14
mix [1]
48:11, 13, 15
27:12
member [1]
martin [1]
50:2
moment [3]
36:23
27:22; 136:8, 11
members [14]
materials [5]
22:5, 17; 28:2, 17; 30:3;
monday [5]
13:24; 26:4; 90:9, 11;
46:6, 11; 73:3, 23; 84:6, 23; 52:16; 53:4; 57:13; 91:24;
101:10
100:22; 118:14; 134:5
109:4
matter [10]
membership [1]
monitor [1]
22:12; 25:14; 27:8; 35:19,
34:22
28:3
22; 38:4; 57:6; 58:4;
memo [3]
monsignor [1]
101:11; 142:17
76:21; 106:9, 16
10:8
mattered [1]
memorandums [1]
month [1]
84:21
139:17
126:22
matters [10]
memory [3]
months [6]
24:21; 27:10; 30:10; 31:3;
41:18; 99:22; 119:18
17:8; 20:21; 46:16; 84:13;
32:5; 33:22; 35:12; 37:21,
127:9
mention [1]
23; 45:22
100:2
morning [35]
mature [1]
5:7; 27:24; 28:9; 30:13, 14,
mentioned [11]
125:19
28:8, 18; 39:6; 64:3; 71:5;
15; 46:12; 53:4; 56:17, 19;
maxelrod [1]
92:21; 113:2; 119:24;
75:21, 23; 76:25; 77:9;
3:10
131:18, 20; 138:22
84:17; 85:11; 86:13, 14;
mayor [2]
88:21; 89:15; 94:10; 98:24;
mentions [2]
18:17; 43:21
From loudenville to non-party
www.ellengrauer.com
102:13, 23; 103:9; 105:5;

110:9; 119:21; 130:9;
131:23; 133:25; 135:10;
138:22; 139:4, 20
motivating [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; 140:3
ms [14]
66:2; 68:3; 77:24; 96:24;
97:8, 16, 19, 20; 98:3, 5, 8;
134:20; 135:21
multiple [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; 127:6
myself [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, 5
named [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; 131:2
nearby [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, 11
newsletters [1]
13:10
newspaper [3]
29:10; 49:8; 108:6
newspapers [4]
13:10; 27:12; 130:4; 136:16
nexus [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

(212) 750-6434
BSA XMAX(9/45)
GARY SUSON
nonresponsive [1]
obtained [1]
pages [13]
97:13
130:16
9:12, 16; 58:17; 68:19;

80:11; 101:21, 23; 108:19,
21, 22; 109:3, 7, 20
paper [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; 126:7
participate [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; 138:9
perceive [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, 13
periods [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;
115:11
personal [6]
49:5; 82:16; 85:13; 93:7,
11; 95:14
personally [6]
114:20; 119:15; 122:13;

124:5; 129:11; 131:19;
132:6; 135:9
north [2]
obviously [4]
43:7
80:16; 88:14; 134:2, 3
old [2]
83:21; 84:9
not-for-profit [1]
occasion [5]
94:24
22:20; 37:5, 19; 43:18; 95:9 one-page [5]
76:19, 20; 86:18; 106:7;
notary [4]
occasions [2]
1:17; 141:23; 142:8; 143:24 24:18; 96:14
108:3
notation [22]
occupation [1]
op-ed [1]
53:3, 6; 54:22; 55:21, 24;
5:19
25:12
56:12; 59:14; 60:2, 23;
occurred [2]
opens [1]
61:20; 66:21; 67:21; 91:24; 56:11; 57:11
89:12
96:6; 99:5; 100:24; 128:7,
occurs [1]
operation [2]
16; 133:17; 134:9; 135:5, 7 94:5
47:9; 95:4
notations [5]
october [3]
operations [2]
59:23; 68:13; 78:2; 111:11, 18:16; 126:8; 142:19
25:8; 46:21
14
odd [2]
opinion [1]
34:4, 19
25:12
note [11]
54:10; 58:5; 59:7, 21; 60:7; offered [1]
opposed [2]
61:11; 62:2; 65:14; 66:16;
110:4
24:5; 87:2
67:14; 133:10
offers [1]
order [2]
45:20
6:20; 22:22
noted [3]
89:25; 90:5; 140:4
office [16]
organization [2]
18:11; 60:18; 61:7, 13;
14:21; 94:25
notes [7]
61:15; 62:24; 64:4; 65:22;
66:11; 68:5, 6; 77:10;
organizations [2]
67:25; 77:7; 95:25
78:14, 15; 120:20; 129:19;
126:25; 130:3
130:17; 134:8, 15; 139:23
notification [1]
original [1]
25:24
91:19
officer [2]
18:10; 48:7
notifications [1]
originally [2]
129:20
88:25; 108:12
officers [6]
23:22; 24:4; 35:24; 64:21;
notified [1]
outcome [1]
131:17
71:8; 74:13
142:17
notify [1]
offices [1]
outlet [1]
83:9
11:25
46:8
november [3]
official [50]
outline [1]
110:10, 20, 22
51:3; 52:7, 13; 53:10, 25;
27:5
55:23; 59:9; 63:18; 64:14;
number [2]
outlined [2]
31:24; 54:18
65:15; 67:9; 74:22; 75:3, 4; 7:15; 8:17
77:10; 79:7; 80:24; 81:5,
numerous [1]
outreached [1]
29:17
15; 83:20; 85:25; 87:13;
103:14
89:22, 25; 90:5, 15, 21;
ny1 [1]
outright [2]
26:13
91:5, 10; 104:3, 8; 110:5, 9, 85:11; 105:6
12, 17, 20; 113:9, 14, 25;
nyp [2]
outside [3]
5:10; 143:4
114:11; 115:5, 14; 120:11,
28:12; 29:23; 44:2
15; 121:11, 14; 122:3;
overseen [1]
**O**
123:7; 126:10, 17
21:11
officially [1]
oversight [2]
o'clock [3]
83:23
102:20; 138:7
61:21; 134:4, 9
officials [13]
overstepped [1]
oath [3]
22:4; 95:19; 113:3; 114:9;
85:14
7:10, 12; 141:9
115:3, 9; 116:8; 120:13, 19,
object [8]
**P**
23, 24; 121:4, 5
7:3; 31:13; 35:2; 51:9;
oh [10]
75:18; 87:7; 97:12; 125:15
p.m. [2]
9:15; 23:23; 24:2; 28:22;
67:21; 140:4
objection [1]
33:11; 58:10; 72:18; 97:15;
7:4
page [25]
105:19; 111:7
4:3, 21; 8:5, 13, 14; 58:11;
obligatory [1]
okay [25]
7:17
64:4; 67:18; 68:15; 76:4;
8:7, 18; 9:19; 10:2; 34:6;
80:6; 106:10, 13; 107:6;
obscurity [1]
54:21; 61:24; 69:21; 79:22;
136:24
108:3, 18; 112:5; 118:4;
80:7, 13; 86:9; 88:12, 17;
119:13; 124:23; 125:9;
obtain [1]
94:12; 106:14; 111:4;
10:17
133:2, 21; 143:6

(212) 750-6434
www.ellengrauer.com
13:18; 70:24; 104:23, 25;

119:10; 134:12
peter [4]
18:22; 64:19; 69:25; 71:7
phone [8]
2:8, 15; 3:8; 49:14; 57:15;
63:4; 65:4; 68:6
phoned [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,
18
photographers [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,
16
please [5]
5:15; 6:13; 8:12; 31:18;
132:11
pledge [1]
116:9
point [15]
31:21; 35:7; 53:6, 21; 59:5;
From nonresponsive to point
GARY SUSON
68:14; 95:19; 97:21; 99:9;
102:19; 116:25; 117:6;
129:12, 13, 17
police [3] 41:12; 44:2;
48:6
popped [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; 124:24
potentially [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; 132:20
president'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;
From police to referred
BSA XMAX(10/46)

135:23; 136:25
presume [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;
96:13
privilege [1]
139:10
problem [6]
55:6; 61:2; 63:7, 8; 73:13,
14
problems [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; 123:12
procure [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;
116:20
provided [8]
9:2; 97:8, 10; 107:11;
112:17, 23; 118:16; 120:3
provides [1]
32:9
quickly [1]
public [15]
75:25
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; 143:24
publication [1]
74:9
publications [1]
13:10
publicity [1]
95:10
published [5]
108:12; 112:13; 113:20;
115:23; 122:21
publishers [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; 113:22
questioned [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,
3
quick [2]
80:10; 118:2
www.ellengrauer.com
116:18; 117:11; 119:22;

122:6, 16; 123:13, 17, 19,
21; 124:6; 135:24; 139:12
quote [1]
85:9
receive [8]
10:20; 28:4; 30:12; 40:7;
quotes [1]
89:21
45:24; 48:18; 130:2, 20
received [13]
**R**
32:12; 33:3; 38:8; 59:16,
20; 60:20; 63:3; 102:9, 12;
radar [1]
106:4; 107:17; 129:2; 131:8
106:21
receives [1]
radio [1]
74:8
13:5
receiving [9]
raise [1]
30:18; 33:13, 23; 102:5, 7;
131:9
106:18, 20; 129:3; 136:12
raises [1]
recess [2]
101:13
68:25; 136:9
rally [1]
recognize [5]
43:20
112:9; 118:6; 119:16, 17;
ran [2]
122:19
42:11; 89:10
recollect [11]
range [1]
18:2; 57:11; 58:25; 69:14;
16:13
91:23; 98:14; 111:12;
rapid [1]
116:6; 124:8, 17; 133:7
43:24
recollection [13]
rare [1]
35:8; 51:20, 21, 25; 57:4;
108:4
62:3, 23; 77:3; 98:11;
rarely [2]
118:25; 128:14, 17; 129:5
40:17
recommendation [1]
re-elected [1]
74:3
84:14
recommended [2]
read [20]
15:9; 132:19
50:23; 81:11, 18; 86:22;
reconstruct [1]
89:2, 15; 102:25; 103:5, 11;
56:10
104:9; 113:7; 116:2;
record [16]
119:20; 120:9, 19; 122:10,
5:16; 35:9, 12; 53:7; 55:11,
22; 124:9; 141:8
19; 85:9; 87:21; 90:22;
reading [8]
108:7; 124:13; 128:5;
40:6; 49:19; 53:22; 102:8;
132:9; 141:11, 13; 142:13
112:10, 12; 124:17; 133:10
records [2]
reason [6]
57:23; 139:13
19:16; 50:10; 83:11; 92:20;
recovery [4]
133:9; 143:6
43:22, 24; 47:6; 69:17
reasons [2]
reelected [1]
43:16; 85:13
84:19
reassign [1]
ref [1]
27:13
1:25
recall [79]
refer [15]
44:16; 49:25; 52:6; 54:14;
38:9; 46:22; 53:11; 54:3;
56:16, 22, 24; 57:22; 59:19;
55:6; 58:5; 59:11; 61:3;
60:12; 62:4; 63:5; 64:2, 23;
62:24; 63:10; 64:17; 65:24;
65:20; 67:8; 68:2, 11; 69:3,
66:7, 20; 67:15
24; 70:13, 19; 71:16, 22,
reference [2]
23; 76:10; 77:23; 78:4, 7,
54:16; 58:22
20; 82:7, 22; 86:15, 19;
referenced [2]
88:6; 91:17; 94:12; 95:16,
115:24; 126:14
21, 24; 96:23; 97:2, 6, 25;
references [1]
98:2; 99:18; 100:7, 20;
68:16
101:5, 9, 24; 102:5, 7;
referred [7]
106:18, 20; 107:8, 16;
57:16; 58:2; 65:25; 96:2,
108:8, 13, 14, 15, 16;
21; 102:19; 105:19
109:2, 18; 111:8; 114:25;

(212) 750-6434
BSA XMAX(11/47)
GARY SUSON
referring [8]
58:12; 85:21; 89:17;
101:21; 103:20; 105:8;
125:2
refers [6]
54:16, 19; 60:2; 91:25;
116:15; 126:10
regard [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; 127:5
regards [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; 142:14
relates [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; 74:18
relationship [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; 142:7
reporters [14]
5:11; 13:6; 33:13; 34:8, 10,
24; 35:4, 10, 12; 38:21;
100:5, 10, 17, 23
reporting [3]
1:23; 136:22; 143:2
represent [7]
5:9; 14:18; 48:11; 84:3, 4;
132:7, 15
representative [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, 21
require [1]
33:8
required [1]
7:5
rescue [1]
69:16
research [1]
109:8
respond [4]
6:10; 32:23; 109:12; 139:11
responded [2]
34:16, 18
responder [1]
42:15
responding [2]
77:8; 118:13

(212) 750-6434
response [7]
6:21, 23; 13:2; 33:10;
78:16; 106:9, 17
responsibilities [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; 137:12
reviewed [4]
118:9; 119:19; 122:21;
139:3
reviewing [11]
31:2; 75:13; 80:12; 86:8;
88:16; 112:7; 118:5;
119:14; 122:12; 124:4;
128:6
right [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; 117:18
right-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
www.ellengrauer.com
**S**
safe [1]
42:13
16:25
sense [1]
48:9
sentence [9]
85:25; 87:22; 102:14, 21;

103:2, 4, 5, 17; 122:23
34:22; 131:12
separate [1]
sale [1]
56:4
74:9
september [18]
samuel [1]
1:13; 4:14; 18:15; 40:18;
49:16
41:2, 19, 21, 24; 44:10, 12,
sanfilippo [15]
25; 45:11, 12; 127:17, 20;
72:6, 9, 17; 73:16, 20; 74:5;
128:4, 15
82:14, 16, 18; 84:10, 14,
series [1]
19; 115:20, 23; 116:5
138:19
sanitation [1]
served [1]
131:8
20:20
saturday [1]
service [14]
133:7
8:6; 28:6, 10, 12; 29:10;
saying [3]
77:19; 79:21; 129:6, 15;
39:3; 120:14; 137:9
130:7, 15; 136:24; 137:10;
scam [1]
138:3
112:6
service's [1]
scene [2]
28:11
47:22; 85:16
serving [1]
school [5]
52:12
10:4, 6, 8, 23; 43:8
seven [1]
science [1]
30:14
25:10
shaitberger [1]
scope [1]
42:24
23:6
share [3]
screen [1]
74:11; 100:3, 9
106:21
she's [3]
search [8]
82:2; 96:11; 123:18
8:22; 28:20; 29:5, 6;
sheet [3]
136:14, 15; 139:13
76:13, 15; 143:1
searching [1]
shooting [6]
47:10
82:11, 25; 83:4, 8, 13;
second [7]
110:8
28:8; 60:2; 68:15; 80:6;
shorthand [1]
103:17; 115:13; 118:4
142:7
secretary [4]
show [16]
54:20; 60:5, 6; 70:23
7:22; 40:15; 69:19; 70:25;
section [3]
75:10, 25; 86:6; 88:12, 20;
29:7; 109:19; 111:3
112:3; 114:17; 117:25;
seek [2]
119:11; 122:8; 123:22;
27:4; 44:23
127:14
seeking [2]
shows [1]
31:24; 38:16
116:17
seeks [1]
sienna [2]
94:25
10:14, 17
selected [1]
signature [1]
130:7
94:15
send [9]
signed [2]
25:22, 23; 59:17; 97:21;
77:6; 141:19
113:4, 6; 114:9; 117:2;
significant [2]
130:7
16:4; 30:9
sending [1]
single [1]
98:19
113:17
sends [2]
sir [21]
29:11; 130:22
75:24; 76:23; 80:20; 90:7,
senior [1]
safety [2]
From referring to sir
GARY SUSON
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, 16
sits [1]
48:16
situation [2]
50:3; 51:8
six [5]
8:5, 16; 20:12; 44:10; 127:9
slander [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;
99:2
someone [10]
26:20, 22; 40:11; 78:4;
79:16; 82:5; 92:18; 117:7,
24; 132:15
somewhere [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;
128:17
sort [9]
16:12; 25:10; 34:4; 39:14;
54:5; 58:3; 98:19; 130:4;
133:20
sound [1]
81:24
source [7]
87:11; 89:21; 91:7; 100:19;
105:14; 139:23
sources [1]
79:10
space [2]
61:9, 23
speak [26]
From siren to thank
BSA XMAX(12/48)

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; 123:18
speaker [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; 135:20
speaks [2]
16:18; 40:4
specific [6]
16:17; 47:18; 66:13; 68:16;
107:23; 111:17
specifically [7]
25:4; 67:8; 69:3; 73:17;
80:21; 107:17; 112:22
spent [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, 17
spoken [9]
25:2; 32:17; 56:13; 79:16;
82:3; 96:13; 99:23; 111:5;
139:2
spokesman [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; 117:24
spollen'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; 130:6
starting [3]
18:5; 21:13; 130:5
starts [1]
103:23
state [7]
1:18; 5:15; 59:14; 141:3,
23; 142:3, 8
stated [8]
67:11; 74:21; 87:10; 89:19;
111:2; 118:22; 126:2; 127:7
statement [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, 5
states [10]
74:8; 84:12; 85:25; 89:24;
90:19; 113:23; 114:7;
115:13; 124:20; 125:17
station [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; 118:23
stephen [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; 131:6
story [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, 11
strategic [1]
25:15
street [7]
1:23; 2:5; 12:2; 43:6; 61:8,
www.ellengrauer.com
10; 143:2
strike [5]
51:10; 75:19; 97:13; 110:3;
125:16
structure [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, 19
subjects [1]
123:10
subpoena [6]
1:17; 4:9; 7:24; 8:9; 9:24;
58:20
subscribed [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; 133:7
supply [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; 143:4
suson's [6]
58:14; 62:5; 94:13; 98:13;
116:20; 121:14
sworn [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, 13
talking [7]
42:19; 70:6; 82:21; 85:19;
103:2, 10; 131:3
talks [1]
112:25
task [1]
48:25
tasks [1]
25:5
tbutler [4]
102:3; 106:8; 124:15;
127:22
team [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;
117:17
testified [1]
5:3
testimony [6]
6:20; 98:2; 138:20; 141:9,
12; 142:13
text [2]
9:17; 139:15
thank [1]

(212) 750-6434
BSA XMAX(13/49)
GARY SUSON
88:12
top [5]
thanks [2]
55:21; 67:19; 106:12;

7:22; 128:19
110:2; 133:20
theatrical [1]
topic [2]
110:4
31:15, 20
then-ufoa [1]
topics [3]
42:22
29:23; 34:8; 40:8
there's [25]
total [3]
7:4; 27:11, 15, 24; 28:7, 10; 9:22; 20:12; 117:12
31:8; 38:19; 41:25; 54:15,
towards [4]
22; 58:10; 59:10; 60:23;
100:25; 104:20; 110:2;
65:14; 67:20; 68:18; 91:23; 133:20
96:5; 106:6; 115:12;
towers [1]
118:18, 19; 137:22
134:12
they're [8]
town [1]
28:15, 16; 30:25; 31:24;
88:5
34:13; 38:16; 79:20; 82:25
track [3]
27:17; 48:24; 129:20
they've [1]
31:8
trade [1]
40:25
third [11]
1:11; 2:12; 60:23; 61:9;
trailer [3]
74:7; 84:12; 90:18; 114:8;
80:4; 106:13; 107:7
120:10; 121:6, 8
training [1]
11:2
third-parties [1]
118:13
transcript [2]
141:8, 10
thomas [12]
1:16; 4:2, 13; 5:17; 21:2;
transfer [4]
127:16, 19; 132:20; 141:7,
87:23; 88:3, 4, 7
16; 142:10; 143:5
trip [1]
42:3
thousands [4]
44:4; 48:22; 116:10
true [4]
29:21; 141:11, 13; 142:12
threat [3]
101:12, 17; 106:3
truly [8]
42:9; 93:2; 108:13; 126:15;
threatening [2]
57:14; 63:4
129:14, 22; 134:21; 135:22
three [16]
trustee [4]
9:16; 20:21; 22:11; 29:19;
72:10, 15; 83:22; 84:15
39:20; 41:8; 58:11, 18;
trustees [2]
66:17; 80:11; 104:4; 107:7; 23:24; 24:4
108:19, 22; 109:20; 117:2
truthful [2]
7:12, 20
three-page [1]
139:14
tsn [1]
1:9
timely [1]
31:25
tuesday [2]
64:8
times [12]
22:12, 21; 24:24; 38:21;
tv [3]
41:8, 16; 75:9; 82:3; 83:10; 27:12; 137:17, 18
99:23; 108:8; 136:4
twelve [1]
14:16
tiny [1]
136:25
two-page [1]
106:11
title [17]
12:3; 67:19; 85:12; 104:2,
type [1]
8, 12, 17; 112:6; 113:2;
22:2
115:4, 10, 11, 12; 121:14;
types [2]
126:17, 24; 127:10
34:17; 46:25
to-do [1]
typical [1]
56:5
51:7
today's [1]
typically [3]
6:3
81:9; 136:21; 138:7
tom [4]
11:15; 76:7; 77:8; 89:6

(212) 750-6434
19; 132:14, 21
union's [1]
116:24
ufa [96]
unions [1]
14:25; 15:6, 13, 19; 16:17,
30:3
21; 21:4, 8, 15, 17, 20;
unmerited [3]
22:8, 17; 23:4, 7, 15; 25:4,
102:22; 103:8, 11
19; 26:5, 9; 28:25; 30:18,
unsure [1]
19, 22; 31:20; 32:5, 24;
85:22
33:4, 6, 13, 21, 23; 34:8, 9;
unusual [1]
35:12, 16; 36:14; 37:14, 16,
51:8
18; 38:2; 39:19; 40:4, 8, 12;
unwarranted [1]
41:7; 45:2; 48:11; 50:2;
77:9
52:13; 53:10, 24, 25; 55:22;
updated [2]
59:9; 63:18; 64:14; 65:15;
28:22, 25
67:8, 10; 74:17, 20, 23;
upset [1]
75:2, 4; 81:6; 82:6; 84:23;
43:21
86:2; 90:2, 10; 93:18;
upstairs [1]
94:18, 23; 95:12, 18; 98:9;
66:10
99:2; 103:24; 110:13, 17;
121:15; 126:11; 128:8;
**V**
131:15, 17, 19; 132:7, 14;
136:18, 21; 137:5, 13, 23;
vallone [1]
138:3
18:22
ufa's [1]
variable [2]
96:21
24:22; 39:5
ufoa [4]
varies [2]
36:14, 19; 90:2; 126:11
14:4; 24:15
undergrad [1]
variety [1]
11:2
111:21
underneath [1]
vary [1]
54:16
16:8
understand [10]
vehicles [1]
6:12, 25; 7:11, 14; 34:2;
25:22
48:8; 56:6; 62:22; 121:17;
vendetta [1]
132:5
85:13
understanding [4]
verena [2]
121:19, 25; 122:4; 134:10
81:24; 135:17
understood [1]
version [1]
6:16
137:18
uniformed [24]
versus [1]
14:18; 15:2; 19:20; 28:24;
69:8
29:12, 25; 35:24; 37:11;
vice [3]
50:17; 51:4; 52:8; 63:21;
16:25; 17:13; 64:15
64:16, 20; 71:8; 72:10;
victims [1]
77:11; 78:12; 80:25; 87:13; 118:14
103:25; 104:4; 109:24;
video [2]
110:6
137:20, 24
union [63]
vigil [1]
14:21; 22:4; 23:3, 22, 25;
44:5
24:5; 25:5, 13; 27:10, 18;
visit [2]
31:4, 12; 34:14, 20; 39:25;
43:16; 61:12
42:5; 45:20; 46:5; 47:19;
voiced [1]
48:15; 73:22; 77:8, 22;
104:5
79:6; 81:2, 9, 14; 82:13;
voicemail [4]
84:4; 85:13; 92:5; 103:16;
60:11; 68:5; 119:9; 134:17
105:16; 107:14; 113:3, 10,
volume [2]
14; 114:2, 8; 115:3; 116:8;
45:13; 124:18
118:19, 21; 120:6, 12, 22;
von [3]
121:4, 5, 10, 11, 22;
21:2, 3; 132:20
122:24; 125:14; 126:13, 18; vote [1]
129:25; 130:2, 6, 16, 18,
94:2
**U**
www.ellengrauer.com
**W**
wait [1]
6:10
wall [1]
2:5
wanted [7]
19:15, 18; 45:17; 46:8;
73:24; 78:18; 79:9
wanting [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; 123:7
website [8]
9:18; 29:10; 58:13, 14;
109:22, 23; 139:14, 15
wednesday [3]
67:20; 111:15, 16
week [7]
24:16; 30:14; 42:20; 68:13,
17; 70:5
week-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;
117:25
whereof [1]
142:18
wherever [1]
88:8
who's [1]
81:21
From thanks to who's
BSA XMAX(14/50)
GARY SUSON
whoever [1]
writers [1]
45:21
81:23
60:24; 63:19; 64:12; 65:8;

67:24; 69:16; 73:21; 74:23;
77:11; 80:24; 81:5; 82:11;
whomever [1]
writing [4]
78:8
13:23; 59:20; 92:12; 114:13 83:23; 86:2; 87:24; 88:10;
90:2, 6, 16; 93:5; 103:23;
wide [1]
written [7]
29:5
26:4; 53:16; 71:10; 77:5;
104:3; 108:4, 20; 110:6;
90:12; 103:24; 133:3
121:15; 122:3; 123:25;
widows [7]
74:11; 94:18, 23, 25; 95:12; wrote [5]
124:14; 126:11; 127:6
107:14; 124:20
54:6, 10, 12; 55:17; 94:16
zone [2]
41:12, 14
wife [1]
**Y**
11:21
wire [1]
yeah [35]
29:9
12:20; 17:11; 20:16; 25:21;
wish [1]
26:11; 31:10; 32:14; 37:4;
103:6
45:8; 46:3; 50:21; 55:17;
witness [15]
61:19; 64:5, 8, 25; 70:12,
3:4; 4:2; 5:2; 53:23; 55:15,
15; 71:3, 13; 92:17; 95:20;
20; 70:8, 11; 88:20; 128:6;
106:5; 109:17; 117:15;
139:6; 142:10, 13, 18;
120:22; 122:7; 123:7, 16;
143:5
131:24; 132:4, 5; 135:8
won [2]
year [5]
82:18; 137:2
18:23; 36:8; 126:22; 127:9;
wondering [2]
129:17
49:2; 121:17
years [24]
word [1]
14:15, 17; 17:25; 20:12;
101:17
22:10; 27:15; 28:23; 29:2,
work [19]
17, 18, 19; 36:3, 10; 39:20,
10:23; 13:13; 15:18; 16:16;
21; 54:13; 62:21; 82:2, 4;
19:3; 20:6, 17; 23:21, 24;
96:12; 104:5; 113:13;
24:4; 26:8; 33:4; 35:23;
125:7; 126:22
37:5, 19; 39:16; 72:16;
yesterday [1]
125:20; 133:13
89:5
worked [12]
york [50]
14:14; 15:13; 18:14; 20:24;
1:1, 2, 11, 18, 24; 2:6, 13;
21:2, 7, 15; 75:6; 82:2, 13;
3:6; 5:11; 6:8; 8:11; 10:16;
114:10; 117:21
12:2; 15:8; 18:10, 20;
workers [1]
27:12, 25; 30:4; 34:23;
131:8
46:5; 52:9; 64:11; 83:10;
working [13]
95:23; 100:11, 22; 106:17;
14:24; 15:6; 18:17, 19;
108:8; 122:9; 130:23, 25;
21:4; 23:8; 38:21; 72:19;
131:8; 132:3, 13; 137:4;
84:24; 111:22; 113:13;
138:9, 10, 11; 141:23;
119:6; 129:21
142:9; 143:3
works [1]
you'd [2]
135:25
49:10; 59:17
workshop [5]
you've [9]
64:13; 65:8; 89:12; 108:20;
6:16; 9:21; 14:14; 19:7;
127:6
32:17; 33:3; 40:9; 56:13;
world [2]
139:2
40:25; 48:23
yourself [2]
wouldn't [20]
13:16; 55:24
29:20; 34:17; 44:21; 47:15,
yup [1]
24; 49:9; 62:17; 68:9;
61:4
74:19; 84:21; 88:7, 9;
92:13; 93:14, 20; 95:14;
**Z**
104:13; 116:22; 126:6
write [7]
zero [50]
13:9; 27:5, 8, 10; 56:3;
4:11; 40:23; 41:3, 5; 42:7,
83:8; 134:23
18; 43:16; 44:5; 45:25;
writer [5]
46:22; 47:7, 10, 22; 48:20;
81:21, 22; 90:20; 136:4, 5
49:4, 22, 24; 50:4; 55:3;
From whoever to zone
www.ellengrauer.com

(212) 750-6434

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

Hochgeladen von

Dokumentinformationen

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

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

Hochgeladen von

Copyright:

Verfügbare Formate

GARY SUSON VS. NYP HOLDINGS, INC.

THOMAS P. BUTLER - 9/27/2007

VS. NYP HOLDINGS, INC.

THOMAS P. BUTLER - 9/27/2007

CIVIL COURT OF THE CITY OF NEW YORK

CERTILMAN, BALIN, ADLER & HYMAN, LLP

Attorneys for Non-Party Witness

East Meadow, New York

September 27, 2007

Deposition of THOMAS P. BUTLER, pursuant

ELLEN GRAUER COURT REPORTING CO. LLC

WITNESS: THOMAS P. BUTLER

JARED M. LEFKOWITZ, ESQ.

Attorney for Plaintiff

48 Wall Street, 11th Floor

New York, New York

JARED M. LEFKOWITZ, ESQ.

HOGAN & HARTSON, LLP

Attorneys for Defendants

875 Third Avenue

New York, New York

JASON P. CONTI, ESQ.

E-mail from the Ground Zero

E-mail from Thomas P. Butler

MICHAEL C. AXELROD, ESQ.

875 Third Avenue

(EXHIBITS RETAINED BY MR. CONTI)

Ellen Grauer Court Reporting

Q. Your attorney and other attorneys

VS. NYP HOLDINGS, INC.

THOMAS P. BUTLER - 9/27/2007

Q. All right. In light of that, I'm

Q. Mr. Butler, have you seen this

Ellen Grauer Court Reporting

provided to Mr. Axelrod.

educational training other than your undergrad

VS. NYP HOLDINGS, INC.

THOMAS P. BUTLER - 9/27/2007

Q. Okay. Let's go into your

Ellen Grauer Court Reporting

23rd Street, New York, New York 10010.

coordinating response to media questions for

A. I began representing the Uniformed

VS. NYP HOLDINGS, INC.

THOMAS P. BUTLER - 9/27/2007

Q. Roughly how many clients would you

expended? Is it by billing? It's different.

Ellen Grauer Court Reporting

Q. Your first job after college, you

VS. NYP HOLDINGS, INC.

THOMAS P. BUTLER - 9/27/2007

approximately. I don't recollect fully.

Ellen Grauer Court Reporting

Q. When was he elected?

I worked for was Thomas von Essen.

this. The job that I fulfill on behalf of the

VS. NYP HOLDINGS, INC.

THOMAS P. BUTLER - 9/27/2007

its meetings. I don't have that type of

Ellen Grauer Court Reporting

Q. We've spoken a little bit about

VS. NYP HOLDINGS, INC.

THOMAS P. BUTLER - 9/27/2007

press release on the subject to be