INTERNAL AFFAIRS BUREAU
PERSONNEL COMPLAINT TRACKING
DCN: 20140031
CTV:F5659
Subiect(s): Trooner Greao~ S Snak
Investi.,ated bv:sertteant Geortte S Okst
Staff Insnector:Ma;or Michael Ko-..
SUBJECT IDSTORY REVIEWED? [8J

REGION: South

LEVEL:3

Troop or Detail F
Date: 4/22/14
ON PROBATION?

,,

AUDIO?

□

VIDEO?

TYPE: Personnel

0

□

SYNOPSIS: On 01/10/14 Trooper Spak was approached by a disabled motorist requesting help with his vehicle. Trooper
Spak left the area without providing any help.
Closed Founded.

D Unfounded D Unsubstantiated D Closed by Investigation
~oop Level O Division Level

Finding of Investigation: [8J Founded
Recommended Level of Adjudication:
Adjudicated at Troop[]
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Date:

ssistant Deputy Superinte

~ ?tu-<f' ,!Jrv'•J

Ad.,· C,,rfJ

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Finding of Investigation: ~Founded
Recommended Level of Adjudication:

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Comments: , 7 f','L. J,44-t,(

Disposition:

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D Unfounded D Unsubstantiated D Closed by Investigation
lg(Troop Level D Division Level
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D Division Level Reco

, Tr op Level - Return to Chief Inspector
D Division Level - Forward to Division Counsel
Date Forwarded to Counsel or the Chieflns ector:
D Troop Level
Rank/Name of Member Notified, _ _ _ _ _ _ _ _ __
Date Notified: _ _ _ _ __ Notified by Whom:

•

JOSEPH A. D'AMICO
SUPERINTENDENT

MAJORPATRICKJ.REGAN
TROOP COMMANDER

STATE OF NEW YORK

N:Ji:W YORK STATE POLICE

'

TROOP "F" HEADQUARTERS
55 gtYSTAL RUN ROAD
MIDDLETOWN, NY 10941
(845) 344.5300

July 24, 2014
" .

Trooper Gregory·S. Spak
New York State Police
Middletown, New York

LETTER OF CENSURE

De~ Trooper Spak:
.
On Jamiary:,10, 2014 you failed to provide assistance to a disabled motorist who had
requested help in finding roadside repair seIVice. Your actions violated Regulation 8A2, specifically
8A8, by act;ing in a manner which brought discredit upon the Division.
On July 23, 2014 you app.eared befure me, executed a waiver ~d requested that I
· adjudicate the discipline in this matter.
.

Accordingly, it is my decision that you receive a letter of censure foryour actions. I
trust that you will not allow this to happen again.

A'

Pa ckJ
· Major
Troop Commander

NEW YORK STATE POLICE

MEMORANDUM
Troop F Station Middletown CVEU
Date
To:

Major Patrick J. Regan, Troop Commander

From:

Trooper Gregory S. S p a ~

Subject:

DISCIPLINARY ACTION

June 25, 2014

//tt'\

I hereby request to have the above-captioned investigation adjudicated by the
Troop Commander pursuant to Rule 3, Disciplinary Action, of the New York State Police
Manual.
I waive the following:
I.

The right to have this matter disposed of by the Superintendent or by a
formal hearing.

2.

Any right to appeal the Troop Commander's adjudication, which may be a
determination of unfounded or, upon a finding of guilt, the imposition of
the following penalties:
1.

A letter of censure and/or

ii.

An intra-troop transfor and/or

iii.

A fine to be expressed in the loss of no more than five vacation
days to be worked by me with no additional compensation or
overtime.

NEW YORK ST ATE POLICE

MEMORANDUM
Troop F Station Middletown
Date

July 24, 2014

To:

Deputy Superintendent Daniel R. Penny

From:

Major Patrick J. R e g r Commander

Subject:

COMPLAINT AGAINST PERSONNEL - 20140031 - LEVEL 3
TROOPER GREGORY S. SPAK

.

Reference is made to the previously submitted report regarding the above subject.
On July 23, 2014, Trooper Spak appeared before me and executed his consent to
have me adjudicate this matter at Troop level.
Pursuant to Rule 3 of the New York State Police Administrative Man_ual, I have
determined that he receive a Letter of Censure. I have attached a copy of the Letter of Censure
and consent waiver.
'
·
This matter is closed.

Attach.

NEW YORK STATE POLICE
MEMORANDUM
TROOP F STATION Middletown
])ATE

April 10,.2014

TO:

Deputy Superintendent Daniel R. Penny

FROM:

Major Patrick J. Rei Troop F Commander

SUBJECT:

COMPLAINT AGAINST PERSONNEL - 20140031 - LEVEL 3
TROOPER GREGORY S. SPAK, CVEU
MR. PHILIPP R. GERSTER,
NY

Reference is made to the attached report of Sergeant George Okst and cover
memorandum of Captain Frank J. Keyser regarding the above subject.
I have reviewed the attached report and agree thafit is founded. Trooper Spak
violated Regulation 8A8 when he acted in a manner which brought discredit upon the Division of
State Police when he failed to provide assistance to a disabled motorist who had requested help in
finding roadside repair service.
·
Recommend appropriate administrative action at Troop Level. Forwarded for your
review.

Attach.

NEW YORK STATE POLICE
MEMORANDUM
Troop F Station SP Middletown
Date April 9, 2014

TO:

Major Patrick J. Regan, Troop Commander, Troop F

FROM:

Captain Frank J. Keyser~~

SUBJECT: COMPLAINT AGAINST PERSONNEL- LEVEL 3 - 20140031
TROOPER GREGORY S. SPAI(- CVEU
MR. PHILIPP R. GERSTER,
, NY
Refererice is made to report ofComplaint Against Personnel 20140031 dated January
30, 2014 and the attached investigative report of Sergeant George S. Okst dated April 7, 2014.
I have read Sergeant Okst's report and find it satisfactorily submitted. Additionally, I

concur with his findings and conclusions that the above referenced complaint against personnel
regarding Troc,per Spalc is founded. Trooper Spak violated Regulation 8A2 by failing to comply
with Division Rules and Regulations, specifically Regulation 8A8, when he failed to provide
assistance to a disabled motorist who had requested help, thereby bringing discredit to the Division.
Recommend appropriate administrative action at Troop level.

Attachment

.,.

GENL.30'(REV 2/00)

NEW YORK STATE POLICE
COVER PAGE
TITLE OF CASE

REPORTING TROOP

F

Trooper Gregory S. Spak

EOD 09/09/2002
SP Middletown CVEU

MANAGING TROOP

F

DATE OF OCCUR.RED

TZS

01/10/2014

CHARACTER OF CASE - (CC CODE)

COMPLAINT AGAINST PERSONNELL
(PCT0IO0)

04/07/2014
CTVCODE

F043

F5659
TYPED BY

INVESTIGATIVE PERIOD

Complainant: Philipp R. Gerster D O B 12871 State Hwy 23
Davenport Center) NY 13751

DATE OF REPORT

02/03/2014 to 04/01/2014
REPORT OF

gl_N-

gso
SHIELD

Sergeant George S. Okst
STATION

1943
CASE#

SP Middletown CVEU

20140031

STATUS OF CASE
(□) CA C□) C/EC (□) C/INV (□ ) C/UNF (□) C/UNS

,ENCLOSURES:

(181) C/FND (□) OPN

TO DIVISION HEADQUARTERS AND TROOP F
1) Letter ofcomplaint from Philipp Gerster
2) TE24lfDrivetNehicle Examination.Report NYSPF0 11667
3) Memorandum of Trooper Gregory S. Spak

DISTRIBUTION:
(□) DHQ. (□) TROOP (□) OTHER:

FOR TROOP/DIVISION HEADQUARTERS USE ONLY

DESTROY IN 20 _ __

INITIALS _

_

_ __

PERMANENT RETENTION,_ _ _ _ _ __ _ _ __
INITIALS

RCN

REPORT
SYNOPSIS:
On 01/28/2014 I received a letter from PHILIPP R. GERSTER, D O B - 12871
State Hwy 23 Davenport Center, NY 13751, that stated that while entering the tandem lot
at exit 18 off of the New York State Thruway to deliver another tractor to one of his
employees that had broken down, Trooper GREGORY S. SPAK EOD 09/09/2002,
assigned to the Troop F CVEU, had been rude and unprofessional towards him. In
addition to this, Mr. GERSTER states that Trooper SPAK had failed to render assistance
to another truck driver that had stopped, who advised Trooper SPAK that he was disabled
and asked for assistance in obt~g roadside repair services. Investigation into this
matter failed to substantiate the allegations of rudeness but revealed that Trooper SPAK
did fail to provide assistance to a motorist that had requested help. At this time I
recommend that the appropriate administrative action be taken.

DETAILS:
AT MIDDLETOWN NY
1.

On 01/28/2014 I received a letter from Mr. GERSTER stating that he owns a
towing company in Davenport Center NY and had responded to exit 18 off of
the New York State Thruway on 01/10/2014 at approximately 1:00PM to
swap out a tractor with one (1) of his drivers that had broken down. Mr.
GERSTER stated that Trooper SPAK was rude, unprofessional and failed to
provide assistance to a motorist that had stopped and requested it of Trooper
SPAK.

2.

On 01 /28/2014 I notified Captain FRANK J. KEYSER, Troop F
Administrative Captain of the allegations who in turn notified Captain JAMES
C. MICHAEL, Division JAB.

3

On 03/10/2014, after numerous unsuccessful attempts to contact him, I
telephonically interviewed Mr. GERSTER at
. Mr. GERSTER
stated that on 01/10/2014 he had drove from his shop in Davenport Center,
NY to the New Paltz tandem lot on the Thruway towing a replacement tractor
for one of his employees that had broken down earlier in the day. Mr.
GERSTER stated that as he exited the tolls, he slowed, and was going to pull
into the tandem lot. Trooper SPAK, who appeared to be initially engaged
with another truck, stepped out into the roadway, he initially thought to assist
him in crossing traffic. :Mr. GERSTER stated that he pulled into the lot and
engaged the PTO to start to drop the tractor and exited his vehicle. Mr.
GERSTER then stated that the Trooper asked what he was doing. :Mr.
GERSTER tried to explain but was interrupted by the Trooper and told to get
back in his truck. Trooper SPAK then started questioning him about the two

(2) trucks. Mr. GERSTER stated that his employee had come over to his tow
truck and that Trooper SPAK had directed him to return to his truck. At that
time Mr. GERSTER stated to Trooper SPAK that he knew a lot of Troopers
and asked if that would help him. Trooper SPAK stated that he was going to
be conducting a commercial vehicle inspection. Trooper SPAK started to
conduct the inspection, checking the lights, when another driver came over to
Mr. GERSTER and requested assistance because he had broken down and Mr.
GERSTER was driving a tow truck. Mr. GERSTER advised him tha:the
wasn't from this area and advised him to ask the. Trooper doing the inspection.
Mr. GERSTER watched this.man go up to the Trooper and heard the Trooper
tell him to get back in.his truck because he was busy. Mr. GERSTER stated
that Trooper SPAK completed his inspection and gave him back all of his
paperwork, a copy of the inspection report, returned to his vehicle and drove
away without checking on the other driver that requested assistance. Mr.
GERSTER declined to provide another written statement stating that the letter
he sent was sufficient. Mr. GERSTER did provide me with names and phone
numbers for his employee and the other driver that was at the scene. A copy
of Mr. GERSTER's letter is attached as ENCLOSURE #1 .

4

On 03/10/2014 I examined the TE241 e DriverNehicle Examination Report
number NYSPF0l 16667. This report shows a start time of 1:02PM and an
end time of 1:20PM. and ah out ofservice violation of having a loose tied own
on the wheel lift. A copy of this report is attached as ENCLOSURE #2.

5

On 03/10/2014 Itele honicall interviewed ROYAL N U F F E R , the driver of the truck that
requested assistance. Mr. NUFFER stated that on 01/10/2014 he was driving
his truck earlier in that week and that he had broken down with it and spent a
couple of days awaiting repairs. His trip finally got under way again and as
he was exiting the New York State Thruway he felt something snap in the
front end. He observed a Tow truck and a State Trooper in the New Paltz
tandem lot as he exited the tolls. He stated that he pulled into the tandem lot
and that he walked up to the tow truck and inquired about getting assistance
and was told that the tow truck was riot from this area and that he should ask
the State Trooper that was checking the lights on the tow truck. Mr. NUFFER
stated that he had gone up to Trooper SPAK and requested assistance and the
Trooper told him to return to his truck. After finishing with the tow truck the
Trooper left the scene without ever going to Mr. NUFFER and determining
what type of help he needed. Mr. NUFFER stated that Mr. GERSTER, the
operator of the tow truck, had helped him out and.made arrangements for his
vehicle to be towed to a repair shop in the area. Mr. NUFFER declined to
provide a written statement as he travels a lot as a truck driver and doesn't
always know where he will be at any given time.

6

interviewed DENNIS H U L ~
, a former employee of

2

Mr. GERSTER. Mr. HULL stated that on 01/10/2014 he was driving a
tractor belonging to Mr. GERSTER and that he had broken down at the New
Paltz tandem lot of the New York State Thruway. He stated that he had
contacted his boss, who brought him another tractor to replace his so he could
continue his trip. He stated that when his boss, PHILLIP GERSTER, entered
the tandem lot at exit 18, he walked over to the tow tru_ck and was greeted by
Trooper SPAK who told him to return to his truck, which he did. Mr. HULL
did not return to his boss's truck until after the Trooper left the scene. Mr.
HULL further stated that he saw another driver go up to Mr. GERSTER and
then to the Trooper and then return to his truck. Mr. HULL stated that he did
not hear any of the conversations that transpired between Mr. GERSTER, the
other truck driver and Trooper SPAK. Mr. HULL stated that he did not wish
to provide a written statement and that he and Mr. GERSTER had parted ways
on less than friendly terms.
7

On 4/1/2014 I interviewed Trooper SPAK who stated that on 1/10/2014 he
was conducting CMV inspections at the tandem lot at the New Paltz tandem
lot at exit 18 off of the New York State Thruway. At approximately 1:02PM
he observed a heavy duty tow truck pass through the tolls heading towards
State Route 299. Trooper SPAK stated that as he flagged the tow truck into
the tandem area the driver drove past him and into a corner of the lot, where
another truck was sitting. Trooper SPAK further stated that the operator of
the truck identified himself as Mr GERSTER and that the other truck there
belonged to him also and had become disabled. Trooper SPAK stated that
when he advised Mr. GERSTER that he was going to perform a CMV
inspection on his truck that Mr. GERSTER became agitated. Trooper SPAK
stated that at that time he went back to his truck and got out equipment to
perform the inspection and returned to the tow truck. Upon his return to the
tow truck there was another person standing there talking to Mr. GERSTER.
Trooper SPAK requested that person return to his vehicle, which he did.
Trooper SP AK stated that he never heard this person state that he had been
disabled and request assistance in obtaining roadside help. Trooper SP AK
completed his inspection, noting an out of service violation of having a loose
tiedown on the wheel lift. A copy of this inspection report was given to Mr.
GERSTER and Trooper SP AK then left the tandem lot. Trooper SPAK was
requested to provide a memorandum of this and a copy is attached as
·
ENCLOSURE #3.

CONCLUSION:
Investigation into this matter fails to substantiate Mr. GERSTER's allegation of rudeness
but does reveal that Trooper SPAK did fail to provide assistance to a disabled motorist
that had requested help in finding roadside repair service. Although Trooper SPAK
denies hearing Mr. NUFFER request assistance, both Mr. NUFFER's and Mr.
GERSTER's version are consistent and contradict Trooper SPAK's account. Therefore,
Trooper SPAK is in violation of Regulation 8A2, failing to comply with the Rules and

3

Regulations specifically Regulation 8A8 a member may not act in a manner to bring
discredit upon the Division of State Police.

4

Gerster's Triple E Towing and Repair, Inc
12871 State Highway 23
Davenport Center, NY 13751
607-278-5212
Prgerster76@aol.com
01/20/2014
RE: Complaint against Trooper Gregory Stak Badge #2648
Troop F Headquarters
55 Crystal Run Road
Middletown, NY 10941-9755

My name is Philipp R. Gerster and I am the owner of Gerster Trucking, Inc.
which operates 15 trucks and trailers and Gerster's Triple E Towing and Repair, Inc.
which operates 2 heavy duty wreckers. The following letter is -in regards to an encounter I
had with a New York State Trooper in New Paltz, NY on 01/10/14.
I am writing this complaint after a very distasteful and disrespectful encounter
with NYS Trooper Gregory Stak, Badge #2648, on 01/10/14 in New Paltz, NY at the
tandem trailer drop yard off of the NYS Thruway.
It was around 1:00 pm eastern time as I exited the NYS Thruway at New Paltz
NY. I was operating my Heavy Duty Wrecker towing a replacement tractor to New Paltz,
NY as another one of my trucks had a breakdown earlier in the day. As I exited the NYS
Thruway in New Paltz I turned on the flashing yellow warning lights on the tow truck so
I could safely cross over three (3) lanes of traffic to pull into tandem/trailer lot where my
other truck was broke down. As I was crossing traffic to access the drop yard Trooper
Stak was standing on the steps of a red truck that was hauling logs. Trooper Stakjumped
off the steps and stepped into the roadway as I was ¾ of the way across the three lanes of
traffic heading into the drop yard. At this time I had thought the Trooper was stopping
traffic to assure my safe entry into the drop yard as he was just with another truck. After I
pulled into the yard I engaged my PTO in the tow truck and got out to begin the process
of unhooking the replacement unit I had just towed in. At this time Trooper Stak came
around the back of the unit I was towing and in a very stern and unpleasant voice asked
me what I was doing. Being taken back for a moment I tried to explain to him that the
truck that was off to my left was one of my units and was broke down and I had brought
this replacement unit down on the tow truck and was swapping them out. Trooper Stak
did not let me explain any of this, he pointed his finger at me and hollered to me to get
back in my truck immediately!!
At this time I stopped what I was doing and promptly sat back in the tow truck.
Trooper Stak then climbed up on my step and started questioning me, "Do you own the
tow truck? Do you own the broke down truck?, Where did you come from?, Where are

,
I

I

.

.,_ 1

you going?, What is the problem with the other truck?". I felt like I was in an
interrogation room and had no idea why. While Trooper Stak was asking these questions
my cell phone was on the dash of the tow truck and started to ring. I reached up and hit
the ignore button so as not to have the phone ringing while Trooper Stak was asking me
questions. Approximately 30-45 seconds later my phone started to ring again.
I again picked it up and turned it off as I did not want it to keep interrupting the Trooper.
As I was doing this I was told, and I quote, "If you answer that we are going to have". I
quickly interrupted and asked Trooper Stak "Going to have what?" , no reponse was
given. I could not believe a NYS Trooper was treating me so disrespectfully in all of my
years of driving and of the many friends of mine who are NYS Troopers. I was in
disbelief that Trooper Stak was conducting himself in this manner.
I immediately asked him if it would help if I knew any other troopers, hoping
maybe this would take the edge off an already tense situation that in my opinion was
getting out of control rapidly. He asked who and I gave him the names of 5 troopers from
Troop C in Oneonta, NY. Trooper Stak then asked me what I had done wrong that I was
dropping names. I explained to him I thought it would ease the tension. He told me it did
not matter and he would be performing a Commercial Motor Vehicle Inspection. As
Trooper Stak starts the light inspection, another truck driver pulls up by where we were.
The driver comes over to my truck and informs me that he is having mechanical
problems with his truck and is looking for a shop. I told him I was not from the area and
did not know of any but that maybe the NYS Trooper who was now behind me checking
my lights could help. As Trooper Stak was walking back to my truck the other driver
introduced himself, apologized for bothering him as he knew he was busy and asked for
some assistance with finding a local repair shop. What I witnessed next was absolutely
appalling!! Trooper Stak began hollering at this driver; "Can't you see I'm busy? I don't
have time for that, Go back to your truck right now!!" This driver stopped to be helped
by a State trooper and was verbally accosted for doing so.
What happened to the oath Trooper Stak took to Serve and Protect?? This looked
more to be like Badger and Degrade. I still to this day can not believe I witnessed a
uniformed NYS Trooper speak to a member of society to whom he vowed to serve in
such a derogatory way.
The truck driver then very quickly walked back to his truck and waited.
Trooper Stak again after completing the light inspection climbed back onto the
side of my truck and asked me for my license and registration paperwork. I handed
Trooper Stak my license along with a three ring binder with all the paperwork for the
truck in laminated sleeves so all Trooper Stak would have to do is flip through the pages
to view all registrations, insurance, HUT, IFTA and thruway authority documents.
Trooper Stak looked at me and said "I didn't ask for all this, I want the documents taken
out now". Why was I treated like this? Why was this NYS Trooper treating members of
the public with such disrespect? At this point I now am getting very angry and upset. As I
know from friends of mine that are NYS Troopers this is NOT how they are trained to
deal with people.

2

I did what was asked and removed all documents from the laminated sleeves and gave
them to Trooper Stak. While I am doing this the driver of my truck walks over to ask me
if he should unhook the truck from the trailer or ifl wanted him to do something else.
Again, Trooper Stak begins to holler at him; "What do you need? Go back to your truck
immediately." My driver apologizes and states "I just wanted to see if my boss wanted
me to unhook." Trooper Stak hollers at him; "Did you not hear me? Get back in your
truck NOW!"
Trooper Stak then goes to his vehicle and comes back about 2-3 minutes later. He
gives me all my paperwork back along with my CMV Inspection Report and leaves.
Please remember earlier there is another truck driver who is having mechanical problems
waiting for him to come assist him. Instead Trooper Stak drives right by him as he leaves
and never stops to help him.
In conclusion I believe that Trooper Stak should apologize to the driver of the
other truck who asked for his help and was treated so rudely. Second, I believe that
Trooper Stak should apologize to my driver for being rude and disrespectful to. If you are
interested I can provide the names and phone numbers of these people if you feel the
need. Finally, I would like to be kept in the loop to what disciplinary actions he may
receive or will be taken as a result of this.
Again, I can't believe that I witnessed a NYS Trooper act in such an aggressive,
rude, disrespectful and condescending manner. I surely hope that something can be done
to insure that no one else in the public has to be subjected to this and I also hope that by
filing this complaint my 10 or so trucks and drivers that travel along the New Paltz area,
off the NYS Thruway are not targeted and harassed due to this complaint.

Respectfully,

~~2
Philipp R. Gerster

CC:

--:::,

New York State Police Internal Affairs
New York State Office of the Superintendent
The Honorable Andrew M. Cuomo
Police Benevolent Association of the New York State Troopers, Inc
New York State Senator James L. Seward

3

New York State Police
Public Compliment or Complaint Form
The New York State Division of State Police Is dedicated to providing the highest quanty police seivices .to
residents of and visitors to New York State. Your compliments and. complaints are important to the State Police
,and we appreciate your taking the time to communicate with us.
Pl~se identify if this ls a

D compliment or a.~ complaint

'About you:
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HQnie

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SlateJProv:

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12gr,1

9 . ~ . 23
· . State/Prov:

Work Stree.t Address:
1

s.~

G. o,~~"1<-9,

Country:

Zip Code:

~~

/s75/

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Zip Code:

To be able to Identify the NYSP employees to which yo.u refer, it is important that you be as specificas possible
in your description of the employee(s) and the incident.
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j

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Aboutthe Incident:
Badge f/:.

Date:

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loaition;

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I'-/

/Vew Pc:,-..lt~
,

·Troop car. No:

Al

T/,,,,...,.,7..J~

Other descriptive infC>rmaticin:

f -. 5 l
Please provide a brief description of the event(s) that caused yo.u to bring this to our attention.
-

.

.. ,.:,,

Mail complimen1s to!
New York State Police
Office of the S.l!perintendent
Bldg. 22, 1220Washington Ave.
Albany, New York 12226

-

. ..

Man comp1a1nts·~·: ..
New York Stat~,,PpU<;il ,.

":·,'- . .

.

·-

I necessaN, continue on the other side.
~ature:

•·

,;;:;;~
·1ntemal Affajrg Bureau ,. ·. ,~ft '
7
Bldg. ~)220
:

~~h;o~~/}v.e:

Albany, NewYoik 12226 ,, ,. ·, ...
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112:~}1'-I

DRIVERNEHICLE EXAMINATION REPQRT

NEW YORK STATE POLICE
Commercial Vehicle Enforcement Unit

Report Number:
Inspection Date:

Troop F

Start Time:
lnsp. Level:
TE241f (7101)

01:02 PM

End Time: 01 :20 PM
2 - WALK-AROUND DRIVER/ VEHICLE

HAZMAT lnsp:

GERSTER TRUCKING INC

Driver: GERSTER

12871 STATE HIGHWAY 23

License#:
Date of Birth:

DAVENPORT CENT,NY

NYSPF0116667
1/10/2014

13751

USDOT#: 713784

Phone#:

MCIMX#: 329000
State#:

Fax#:

Location: NEW PALTZ (EXIT 18)
Highway: 1-87
County: ULSTER

, PHILIPP

R

State: NY

CoDrlver:
License#:
Date of Birth:
MllePost:
Origin: ALBANY
Dest.lnatlon: NEW PALTZ

State:

Shipper:
Bill of Lading:

, NY

Cargo:

• NY

DRr,/EAWAY /TOWAWAY

VEHICLE IDENTIFICATION
Unit

001

1)pe

I

TR

Make

I

I

K>N

BRAKE ADJUSTMENTS

Year

2000

Slate

I

NY

Equipmenl ID

I

I

18725PC

29

VIN#

I

CVSA#

1XKDDU9X6YJ856555

I

I

I

NO BRAKE MEASUREMENTS REQUIRED FOR LEVEL 2 INSPECTIONS

VIOLATIONS
VooCode

393,104F3
HazMal:

Section

Unit

393.104(1')(3)

1

oos

allition #.

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Vertly

Crash

u

V,clalions Oiscoveced

LOOSE TIEOOWN ON WHEEL UFT

NO HM TRANSPORTED

Placard :

NO

Cargo Tank:

Special Checks:

the

Pursuant to
authority contained NYS Transpon.ation Law, I hereby notify and deciare
No Motor Carrier shal permit or require this driver to operate arw motor vehicle until:

_ _ _ _ __ _ __ _ _ _ _ Out of Service.

1.) NOTE TO_DRIVER: Reium this report to the motor carrier whoso name appears at the top.
2.) NOTE To ·REPAIRER: If entries are made In the violation section above, p!eese sign the report when repairs are completed.
Signature Of Repairer X:

Facility;

Da1e:

3.) Sign and retum this report ONLY if vio!ations are entered in the violation sedion.
RETURN ADDRESS:

New York State Department of Transportafion
Truck Inspections
50 Wolf Road POD 53
Albany, New York 12232

4 .) TRAFFIC TICKETS: If Issued, MUST be returned to the COURT whose address appears on !he front of the TICKET.
S.) MOTOR CARRIER CERTIFICATION: I hereby certify that all vlolatJ011s entered on this report heve been corrected and action has been taken to assure
compliance with the NYS Transportation Law and Regulations.

8.) If the vehicle has NOT been repaired and HAS been permanenUy removed from service, lnltlal here
Signature of Motor Cerrier X:

Report prep.ared

GREGORY

----------------

By-

Badge#·

S SPAK

2648

x _____________________

_ __ _ __ _ and sign the report

Tide:

Dale:

~oy Received By·.

PHILIPP

R GERSTER

x ___________________

IIHIIIIIIIIHIIIIWlllllll l lllllll~IIII
NYSPF0116667

£µc.\osuRt

Genl. 7

:t:J:- 3

NEW YORK STATE POLICE

MEMORANDUM
Troop..E_Station

CVEU

Date,_ _ __:4.,_/1,.,_/1'-"'4

To:

Major Patrick J. Regan, Troop Commander, Troop F, Middletown, NY

From:

Trooper Gregory S Spak

Subject:

Personnel Complaint - PHILIPP GERSTER

G.S. S•

I was advised by Sergeant GEORGE S. OKST of my contractual rights
per Article 16.2 of the employee's contract and I provide the following written statement.
On January 10, 2014 I was assigned to the Troop F Commercial Vehicle
Enforcement Unit and was conducting truck inspections at the 1-87 Exit 18 Tandem Lot
in the Town of New Paltz. At approximately 1:02PM, I observed a 2000 Kenworth
heavy-duty tow truck towing a tractor pass through the toll booths heading northbound
towards Route 299. As I flagged the truck into the tandem lot for an inspection, the
driver of the truck drove past me and pulled into a corner of the lot where another truck
was sitting. I walked over to the truck, identified myself and explained the reason for
the stop. The driver of the truck, PHILLIP GERSTER, stated to me that the truck he
pulled next to belonged to his company and was broken down.· I explained to
GERSTER that I was going to inspect his truck and GERSTER became agitated stating
that he was bringing the towed tractor to the lot for his other truck that had broken
down. Upon my initial approach of the truck I had observed that the single chain
tiedown holding the tractor onto the tow truck was visibly loose and subsequently an out
of service violation. I further explained to GERSTER that because I had observed a
violation I would continue to do an inspection. GERSTER then stated that he knew
several members of the New York State Police and pointed to a row of New York State
Police PBA stickers affixed to the truck's front windshield. GERSTER, while pointing to
the stickers, stated "Are you sure you want to do this?" I indicated that regardless of his
association with members of the New York State Police I was going to inspect his truck
as was my intention from the lime I stopped him. GERSTER stated "I hope you know
what you are doing."
I returned to my troop car to obtained gear necessary to inspect the truck
and upon my return an individual was standing next to the driver's side door talking with
GERSTER. I approached that individual and politely asked him to stand aside so I
could begin my inspection of the truck. That individual then turned to me and stated
that he was an employee of GERSTER and that he was the operator of the broken

· down truck. I acknowledged that and again asked him to return to this truck, to which
. he replied "You can wait a minute, I'm talking to my boss." I waited several moments
and the individual then left the side of the truck. I walked up the driver's door and
asked GERSTER to start the truck to which he replied "You are really inspecting me?
Even after all the people I told you I know?" I replied in the affirmative and again asked
GERSTER to start the truck, which he did and I subsequently completed a CVSA Level
2 inspection.
I returned to my troop car and completed a Level 2 DriverNehicle
Examination Report Form TE241f NYSPF0116667 indicating one out of service
violation of section 393.104f3 (loose tiedown on towed vehicle.) I did not issue
GERSTER a UTT for that violation. I returned to the truck to give GERSTER his
inspection report and observed another individual standing next to the driver's side
door. I assumed this individual was another employee of GERSTER's associated with
the broken down truck. I politely asked this individual to return to his truck to which he
replied "Okay" and immediately walked away. At no point did this individual state to me
that he was not associated with GERSTER or that he was in another truck that also had
broken down. He at no point asked for assistance or indicated in any way that he was
in need of help. I gave GERSTER his inspection report, walked back to my troop car
and left the tandem lot. At no point was I rude or unprofessional to GERSTER, his
employee, or the driver of the other truck.