Stecich Murphy & Lammers, LLP

828 South Broadway, Suite 201, 

Tarrytown, New York 10591

[914] 674-4100

Attorney for The Town of Greenburgh 

and Police Chief John Kapica

UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF NEW YORK

Civil Action, Case Number 07 Civ. 3216

__________________________________________

GINA ANNE NOEL PANE, TOWN OF GREENBURGH AND 

JOHN KAPICA’S

Plaintiff, RESPONSES AND OBJECTIONS TO

PLAINTIFF’S SECOND REQUEST

PURSUANT TO RULE 34

v. 

THE TOWN OF GREENBURGH, JOHN 

KAPICA, in his capacity as 

CHIEF OF POLICE OF THE

GREENBURGH NEW YORK POLICE 

DEPARTMENT, ERIK WARD,

POLICE OFFICER MICHAEL

MUESSER, SERGEANT ROBERT 

GRAMAGLIA, SERGEANT

FRANCIS PUMILLO, DETECTIVE 

PAUL FERTIG, JOHN DOE

POLICE OFFICERS 1-10, SO

NAMED AS THEIR IDENTITIES

HAVE YET TO BE ESTABLISHED

 Defendants

__________________________________________

PROPOUNDING PARTY: Plaintiff

RESPONDING PARTY: The Town of Greenburgh and John Kapica, 

SET NUMBER: Two

To Gina Anne Noel Pane and her attorney of record:

Pursuant to FRCP 34(b), Town Defendants hereby respond and object to Plaintiff's Second Request for Production

of Documents.

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GENERAL OBJECTIONS

1. The Town Defendants shall respond to the requests as if directed only at documents within its possession, custody

or control.

2. This response is based upon documents presently available to and located by Town Defendants and is given

without prejudice to Town Defendant's right to produce additional documents at a later date should they become

located and available as a result of subsequent review of its records or as a result of additional investigation or

discovery.

3. By producing or failing to produce some or all of the requested documents, Town Defendants do not concede the

relevance or materiality of any request or the subject to which it relates.

4. The Town Defendants object to all requests to the extent they seek documents protected by the attorney-client

privilege, attorney work product doctrine or any other applicable privilege.

5. Inadvertent production of privileged information by Town Defendants shall not constitute waiver of any

applicable privilege or doctrine, including, but not limited to, objections on the basis of competency, confidentiality,

relevancy, materiality, privilege and/or admissibility as evidence as such objections may apply at trial or otherwise

in this action.

6. The Town Defendants object to the requests to the extent they call for a duplicate production of documents

previously produced to Plaintiff.

7. The Town Defendants object to each and every request to the extent they call for information protected by the

United States Constitution and any applicable statutes, including, but not limited to, the right of privacy.

SPECIFIC OBJECTIONS AND RESPONSES

Request No.1: True and complete copies of all narrative arrest reports completed by, or on behalf of, any and all

members of the Greenburgh Police Department Street Crime Unit, including but not limited to Erik Ward and Paul

Fertig, for violations of narcotics and marijuana laws within or about the Greenburgh Multiplex theater and its

parking facilities for the period of January 1, 2005 through and including January 21, 2006.

Response to Request No 1: The Town Defendants object to the request as overly broad in that it seeks records

unrelated to the subject matter of the instant litigation; involves material which is or may be related to confidential

police investigations involving matters other than plaintiffs claim and seeks records for time periods unrelated to the

claim made by plaintiff herein.

Request No.2: A true and complete copy of the Rules and Regulations of the Greenburgh Police Department, with

any amendments or additions (‘patrol guide)’, as provided to and received by Erik Ward upon his joining the

Greenburgh Police Department. 

Response to Request No. 2: Town Defendants will produce a copy of the current Rules and Regulations of the

Greenburgh Police Department.

Request No.3: Any and all documents and records confirming the provision and receipt of the rules and regulations

of the Greenburgh Police Department, with any amendments or additions (‘patrol guide’), as provided to and

received by Erik Ward upon his joining the Greenburgh Police Department.

Response to Request No.3: The Town Defendants will produce a copy of documents in their possession responsive

to the request.

Case 7:07-cv-03216-LMS Document 45 Filed 05/12/2008 Page 2 of 4
Request No.4: A true and complete copy of the Greenburgh Police Department Street Crime Unit arrest log for

January 2006.

Response to Request No.4:Town Defendants will produce a copy of documents in their possession responsive to the

request.

Request No.5: A true and complete copy of any documents and records which memorialize the assignment of

Greenburgh Police Department Street Crime Unit case numbers for January 2006.

Response to Request No.5: Town Defendants object to this request to the extent it calls for documents neither

relevant to the claims in this action nor reasonably calculated to lead to the discovery of admissible evidence.

Request No.6: A true and complete copy of the Greenburgh Police Department Street Crime Unit daily log for all

members of the Street Crime Unit on duty on January 21, 2006. 

Response to Request No.6:The Town Defendants will produce a copy of documents in their possession responsive to

the request.

Request No.7: A true and complete copy of any Greenburgh Police Department Confidential Informant paperwork

completed by or on behalf of, Erik Ward, during his tenure with the Greenburgh Police Department. This request is

made with the understanding that personal identifying information as to any informant shall be redacted.

Response to Request No.7: Town Defendants will produce a copy of documents in their possession responsive to

the request.

Request No 8: A true and complete copy of any Greenburgh Police Department narcotics investigation rules,

regulations, procedures and guidelines. This request includes, but is not limited to the use of Confidential

Informants, buy and bust operations, narcotics seizures/’rips’, obtaining and executing search warrants, and motor

vehicle stops. 

Response to Request No.8:Town Defendants will produce a copy of documents, in their possession, responsive to

the request.

Request No. 9: A true and complete copy of any Greenburgh Police Department narcotics investigation rules,

regulations, procedures and guidelines.

Response to Request No. 9:Town Defendants will produce a copy of documents in their possession responsive to the

request.

Request No. 10: A true and complete copy of any request for leave, ‘lost time’, sick time, or any other absence as

pertains to Erik Ward for January 23, 2006, and any associated documentation.

Response to Request No. 10: Town Defendants will produce a copy of documents in their possession responsive to

the request.

Request No. 11: Time records for Eric Ward as provided to and/or maintained by the Greenburgh Police Department

for the period January 1, 2006 through his suspension. 

Response to Request No. 11:Town Defendants will produce a copy of documents in their possession responsive to

the request

Request No. 12: Authorizations to obtain any and all records maintained by Erik Ward’s personal Internet Service

Provider(s) detailing internet usage, including, but not limited to: log-ons and log-offs, web sites visited, usage

histories, and users profit for the period January 21,2005 through and including the present.

Response to Request No. 12: This request is properly directed to the Defendant Erik Ward.

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Request No. 13: Authorization to obtain Paul Fertig’s cellular telephone call detail and point to point detail records

for the period January 1, 2005 through and including January 31, 2006 (or the billing cycles inclusI’ve of those

periods).

Response to request No. 13: This request is properly directed to the Defendant Paul Fertig.

Request No. 14: Agreements, guidelines, policies, procedures, regulations, and memorandums of understanding

regarding any participation by the Greenburgh Police Department in the Westchester District Attorney’s Officer

narcotics’ Initiative, and any other interdepartmental/multi jurisdictional narcotics investigation/interdiction

programs, which were in effect during the tenure of Erik Ward with the Greenburgh Police Department.

Response to Request No.14:Town Defendants will produce a copy of documents in their possession responsive to

the request

Dated: Tarrytown, New York

 May 12, 2008 Signed: __________/s/_________________

Attorney for The Town of Greenburgh 

And John Kapica

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