UNITED STATES DISTRICT COURT FOR THE

EASTERN DISTRICT OF NEW YORK

ARTHUR SYKEN,

Plaintiff, Civ. 17-cv-2852 CBA-RLM

- against - DEFENDANTS’ FIRST

SET OF
STATE OF NEW YORK, NEW YORK STATE INTERROGATORIES
DIVISION OF HOUSING AND COMMUNITY
RENEWAL, a/k/a NEW YOKR STATE HOMES AND
COMMUNITY RENEWAL, and COMMISSIONER
RUTHANNE VISNAUSKAS,

Defendants.

PLEASE TAKE NOTICE that, pursuant to Rules 26 and 33 of the Federal Rules of

Civil Procedure, Defendants State of New York, New York State Division of Housing and

Community Renewal (“DHCR”) and Commissioner Ruthanne Visnauskas (together

“Defendants”), by their attorney, ERIC T. SCHNEIDERMAN, Attorney General of the State of

New York, hereby requests that Plaintiff Arthur Syken (“Plaintiff”), answer the interrogatories

set forth herein, in writing and under oath, and serve such answers upon the Office of the

Attorney General, 120 Broadway, 24th Floor, New York, New York 10271 on or before [ DATE

] or 30 days as per Rule 33(b)(2) of the Federal Rules of Civil Procedure

GENERAL INSTRUCTIONS AND DEFINITIONS

Unless specifically indicated or otherwise required by the context in which the terms,

names, and instructions are used, the following instructions and definitions shall be applicable in

this First Set of Interrogatories.

A. If the answer to all or any part of an interrogatory is not presently known or

available, include a statement to that effect and furnish any information currently known or

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available.

B. In answering these interrogatories, Plaintiff is to furnish all available information,

including information in the possession of Plaintiff’s agents and all persons acting on Plaintiff’s

behalf, including his attorney.

C. If an interrogatory requires you to identify a document or oral communication

which you claim to be privileged, identify the nature of the privilege being claimed and provide

the following information in the objection:

1. for documents and electronic data: (i) its type, (e.g., letter or

memorandum); (ii) the general subject matter of the document; (iii) the

date of the document; (iv) the author or preparer of the document; (v) the

addressees of the document and any other recipients shown in the

document, indicated or blind copies; (vi) the name(s) of each person or

entity to whom or which the document or any copy or reproduction thereof

was ever directed, addressed, sent, delivered, mailed, given or in any

manner disclosed; and, where not apparent, the relationship of the author,

addressees, and recipients to each other; and

2. for oral communications: (i) the name of the person making the

communication and the names of persons present while the

communication was made and, where not apparent, the relationship of the

persons present to the person making the communication; (ii) the date and

place of communication; and (iii) the general subject matter of the

communication.

D. The term “relating to” means constituting, embodying, evidencing, comprising,

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reflecting, identifying, stating, referring to, concerning, dealing with, commenting on,

responding to, describing, analyzing or containing information concerning, or in any way

pertinent to the subject matter.

E. The terms “and” and “or” shall be construed disjunctively or conjunctively, as

necessary to make the interrogatory inclusive rather than exclusive. “Any” shall be construed to

include the word “all” and “all” shall be construed to include the word “any.” “Each” includes

the word “every” and “every” includes the word “each.” The use of the singular shall include the

plural, and vice versa, and the use of the masculine shall include the feminine and neuter form,

and vice versa, as the context requires.

F. When referring to a person, “identify” means to give, to the extent known, the

person’s full name, present or last known address, legal status, and when referring to a natural

person, additionally, the present or last known place of employment and position.

G. When referring to documents and electronic data, “identify” means to give, to the

extent known, the (i) type of document; (ii) general subject matter; (iii) date of the document;

and (iv) author(s), addressee(s) and recipient(s).

H. When referring to communications, acts, transactions, events, occasions, or

instances, “identify” means to give the date and place of occurrence, the identity of each person

participating therein, who each such person participating therein represented or purported to

represent, the nature and subject matter of any circumstances surrounding it, and the substance of

what transpired or was said.

I. For each interrogatory, identify all persons, documents and electronic data, and

communications upon whom or which you relied or consulted in preparing your response and

attach copies of all documents and electronic data and written communications so identified to

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the answers to these interrogatories.

J. Unless otherwise specified, the time period for all interrogatories and instructions

is July 1, 2009 to the present.

K. These interrogatories are continuing in nature. If, after answering these

interrogatories, Plaintiff obtains information that any response was incorrect or incomplete when

made, or that the response, though correct and complete when made, no longer is correct and

complete, and the circumstances are such that a failure to amend or supplement the response

would be materially misleading, Plaintiff shall amend or supplement the response promptly.

C.P.L.R. § 3101(h).

L. “Document” refers to and includes but is not limited to:

1. the original or any copy of books, records, reports, memoranda, notes,

letters, telegrams and cables, telexes, faxes, e-mails, diaries, opinions,

summaries, schedules, graphs, charts, contracts, booklets, circulars,

bulletins, instructions, guidelines, handbooks, written procedures, minutes,

photographs, purchase orders, bills, checks, tabulations, questionnaires,

tapes, surveys, messages, correspondence, tables, drawings, sketches,

financial statements, electronic data, email, computer files, computer

discs, CD-ROMs, backup tapes, electronic or computerized data

compilations, and any other medium for storage of electronic data or

information recorded on any medium, computer printouts or programs,

microfilms, records of meetings, conferences or telephone

communications, and preliminary versions, drafts, or revisions of any of

the foregoing, as well as any other tangible thing on which is recorded in

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 writing or sound or any other manner, and shall include any document

known to Plaintiff or his counsel, whether or not in their possession,

custody, or control.

2. all electronic mail and information about electronic mail, including

without limitation message contents, header information, metadata, and

logs of electronic mail system usage;

3. all text messages and texts, as well as all information sent, received or

posted on social media of any sort included but not limited to Twitter,

Facebook or other social media;

4. all databases, including without limitation, all records and fields and

structural information in such databases;

5. all word processing or other program files and file fragments; and

6. any other electronic data.

M. “Electronic data” as referenced in the definition of “Document” above includes,

but is not limited to, any and all items stored on electronic media, phones, handheld electronic

devices, tablets, computers, or networks, and means the original (or duplicate, identical copies

when originals are not available) and any non-identical copies of electronic data of every kind

and description whether inscribed by mechanical, facsimile, electronic, magnetic, digital, or

other means. Such data may include, but is not limited to, computer programs, programming

notes or instructions, electronic mail receipts and/or transmittals, output resulting from the use of

any software program (including without limitation word processing documents, spreadsheets,

database files, charts, graphs, outlines, electronic mail, pictures, videos, audio recordings, and

saved websites). The term “electronic data” also includes the file, folder tabs, containers, and/or

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labels appended to or associated with any physical storage device associated with electronic data

as herein defined.

N. “Communication” means any words, thoughts, information or ideas heard,

spoken, transmitted, written or electronically transmitted, or received, including email, at any

time or place and under any circumstances.

O. “You,” “your,” or “Plaintiff” means the Plaintiff in this action, Arthur Syken, and

all other persons or entities acting or purporting to act on his behalf or under his direction and

control, including his attorneys.

P. “Complaint” refers to the Complaint in this action, dated May 10, 2017.

Q. “DHCR” means New York State Division of Housing and Community Renewal,

including but not limited to, its officers, directors, trustees, and employees.

R. “Person” means any natural person or any business, legal or governmental entity

or association.

INTERROGATORIES
Interrogatory No. 1:

Identify every person who was contacted and/or who participated in the search for the

documents requested in Defendants’ First Set of Document Requests, dated [DATE].

Interrogatory No. 2:

Identify any and describe all observances of his religion, including his weekly

practices and observance of religious holidays during the work week.

Interrogatory No. 3:

Identify any and all persons whom Plaintiff intends to call as an expert witness at the time

of trial, and for each person identified specify in detail: (a) the subject matter on which each

expert is expected to testify; (b) the person’s field of expertise and qualifications as an expert; (c)

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the substance of the facts and opinions on which each expert is expected to testify; and (d) a

summary of the grounds for each expert’s opinion.

Interrogatory No. 4:

Identify any and all instances of alleged discriminatory events that occurred while

working at the DHCR as of January 2015. For each instance state: (a) the date of the alleged

conduct; (b) the actor(s) involved; (c) the nature of the alleged conduct; (d) any witnesses

thereto; and (e) any recordings or documents relating to the alleged event.

Interrogatory No. 5:

Identify any and all lawsuits (other than this one) and administrative proceedings

concerning any and all complaints, grievances, charges, personal injury lawsuits, or claims, of

any kind brought by Plaintiff since May 19, 2008 and, for each one so identified, state: (a) the

Court or tribunal in which brought; (b) the Docket, Index or other identifying number; (c) the

nature of the lawsuit or proceeding; and (d) the present status of the lawsuit or proceeding.

Interrogatory No. 6:

Identify any and all economic injuries which Plaintiff claims to have sustained as a result

of the events alleged in the Complaint, including a detailed description of their nature, the date(s)

incurred, the monetary amount(s) claimed and how they were calculated.

Interrogatory No. 7:

Identify any other injuries Plaintiff claims to have sustained as a result of the events

alleged in the Complaint, including a detailed description of their nature, the date(s) incurred, the

monetary amount(s) claimed and how the amount(s) were calculated.

Interrogatory No. 8:

Identify any and all actions taken by Plaintiff to mitigate any damages or injuries

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allegedly incurred, including a detailed description of the action, the date(s) taken, the result and

any amounts received as a result of such actions.

Interrogatory No. 9:

Identify any and all pretextual reasons the Defendants allegedly provided to Plaintiff for

not promoting him, and for each instance indicate: a) the date of the alleged conduct; (b) the

actor(s) involved; (c) the nature of the alleged conduct; (d) any witnesses thereto; and (e) any

recordings or documents relating to the alleged event.

Interrogatory No. 10:

Identify any and all retaliatory actions given out by Defendants and for each state, (a) the

date of the alleged conduct; (b) the actor(s) involved; (c) the nature of the alleged conduct; (d)

any witnesses thereto; and (e) any recordings or documents relating to the alleged event.

Interrogatory No. 11:

Identify any and all ways how you draw conclusions about other people’s religious

beliefs in the workplace, as stated in paragraphs 30, 31, and 48 in the complaint.

Interrogatory No. 12:

Identify all computers, smartphones (including but not limited to iPhones, Blackberries

and/or Androids), laptops, websites including but not limited to Facebook, LinkedIn, Twitter and

other social media, chat rooms, tablets, devices or any cloud computing infrastructure on which

you have maintained, preserved, posted or transmitted any documents, communications or

electronically stored information relating to the subject matter of this action, including but not

limited to the current status and dates of use of all such devices and media and describe the

procedures implemented by Plaintiff to preserve all electronically stored information in

Plaintiff’s possession or control relating to the subject matter of this action.

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 Interrogatory No. 13:

Identify each employee of DHCR who you allege was similarly situated to you but was

treated more favorably than you relating to the alleged discriminatory conduct.

Interrogatory No. 14:

Identify how the Plaintiffs supervisors at DHCR became aware of his prior discrimination

case from 2008 against the DHCR.

Interrogatory No. 15:

Identify on what basis Plaintiff was given a compressed schedule for 20 years, as alleged

in paragraph 39 of the Complaint.

Interrogatory No. 16:

Identify how Plaintiff became aware and learned that his supervisors were taking actions

to prevent him from being promoted.

Interrogatory No. 17:

State with particularity all specific job skills that qualify the Plaintiff for the position of

Housing and Community Renewal Specialist 2.

Interrogatory No. 18:

Identify every instance of alleged racial discriminatory conduct Plaintiff claims to

have suffered while Plaintiff was employed by the DHCR, and for each instance state: (a) the

date of the alleged conduct; (b) the actor(s) involved; (c) the nature of the alleged conduct; (d)

any witnesses thereto; and (e) any recordings or documents relating to the alleged event.

Interrogatory No. 19:

Identify every instance of alleged disability discriminatory conduct Plaintiff claims to

have suffered while Plaintiff was employed by the DHCR, and for each instance state: (a) the

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date of the alleged conduct; (b) the actor(s) involved; (c) the nature of the alleged conduct; (d)

any witnesses thereto; and (e) any recordings or documents relating to the alleged event.

Interrogatory No. 20:

Identify every instance of alleged religious discriminatory conduct Plaintiff claims to

have suffered while Plaintiff was employed by the DHCR, and for each instance state: (a) the

date of the alleged conduct; (b) the actor(s) involved; (c) the nature of the alleged conduct; (d)

any witnesses thereto; and (e) any recordings or documents relating to the alleged event.

Interrogatory No. 21:

Identify every instance of alleged age discriminatory conduct Plaintiff claims to have

suffered while Plaintiff was employed by the DHCR, and for each instance state: (a) the date of

the alleged conduct; (b) the actor(s) involved; (c) the nature of the alleged conduct; (d) any

witnesses thereto; and (e) any recordings or documents relating to the alleged event.

Dated: New York, New York

[ DATE ]

ERIC T. SCHNEIDERMAN
Attorney General of the State of New York
Attorney for Defendants

BY: /s/ Elizabeth A. Figueira

ELIZABETH A. FIGUEIRA
Assistant Attorney General
120 Broadway, 24th Floor
New York, New York 10271
(212) 416-8528
email:
TO:

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