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FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022
EXHIBIT G
FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022
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1
2 SUPREME COURT OF THE STATE OF NEW YORK
3 COUNTY OF KINGS
4 - - - - - - - - - - - - - - - - - - - -x
5 NIMKOFF, ROSENFELD & SCHECHTER, LLP.,
6 Plaintiff,
7 -against-
8 LEVI HEBER and JEWELRY 2000, INC.,
9 Defendants.
10 Index No.: 509372/2021
- - - - - - - - - - - - - - - - - - - -x
11
12
13 1425 RXR Plaza
Uniondale, New York
14
August 11th, 2022
15 10:17 a.m.
16
17
18
19 EXAMINATION BEFORE TRIAL of LEVI HEBER,
20 the Defendant herein, taken at the above-mentioned
21 time and place, before Dana Daufeldt, CSR, RPR, and
22 a Notary Public of the State of New York, pursuant
23 to Order and Stipulations between Counsel.
24
25
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FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022
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2 A P P E A R A N C E S :
3
4 RUSKIN MOSCOU FALTISCHEK, P.C.
Attorneys for Plaintiff
5 1425 RXR Plaza
Uniondale, New York 11556
6
BY: ADAM BROWSER, ESQ.
7
8
9
10 I.M. LAW GROUP, P.C.
Attorneys for Defendants
11 445 Central Avenue
Suite 108
12 Cedarhurst, New York 11516
13 BY: IGOR MEYSTELMAN, ESQ.
14
15
16
17
18 ALSO PRESENT:
19 RONALD NIMKOFF, ESQ.
20
21
22
23
24
25
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FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022
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2 STIPULATIONS
3 IT IS HEREBY STIPULATED, by and among
4 the attorneys for the respective parties hereto,
5 that:
6 All rights provided by the C.P.L.R.,
7 and Part 221 of the Uniform Rules for the Conduct of
8 Depositions, including the right to object to any
9 question, except as to form, or to move to strike
10 any testimony at this examination is reserved; and
11 in addition, the failure to object to any question
12 or to move to strike any testimony at this
13 examination shall not be a bar or waiver to make
14 such motion at, and is reserved to, the trial of
15 this action.
16 This deposition may be sworn to by
17 the witness being examined before a Notary Public
18 other than the Notary Public before whom this
19 examination was begun, but the failure to do so or
20 to return the original of this deposition to
21 counsel, shall not be deemed a waiver of the rights
22 provided by Rule 3116, C.P.L.R., and shall be
23 controlled thereby.
24 The filing of the original of this
25 deposition is waived.
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022
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2 LEVI HEBER,
3 having first duly affirmed before a Notary Public of
4 the State of New York, was examined and testified as
5 follows:
6 MR. BROWSER: Good morning. I am Adam
7 Browser, I am the attorney for the
8 plaintiff judgment creditor here. Thank
9 you for coming today.
10 I am going to ask you a bunch of
11 questions. All of your responses have to
12 be verbal, no body language because the
13 court reporter is going to be taking down
14 your responses, so everything has to be
15 verbal.
16 If at any point you don't understand
17 my question, please tell me and I will try
18 to rephrase it differently. I don't expect
19 this to be an incredibly long morning; but
20 if you do need to take a break for some
21 reason, let me know. As long as we are not
22 in the middle of a question, we can take a
23 break. If you need to take a break you can
24 do it, just not while a question is
25 pending. With those preliminaries out of
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022
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1 Levi Heber
2 the way, let us begin.
3 EXAMINATION BY
4 MR. BROWSER:
5 Q. Please state your full name for the
6 record.
7 A. Levi Heber.
8 Q. Please state your current home
9 address.
10 A. 541 Montgomery Street, Brooklyn, New
11 York 11225.
12 Q. Do you understand you are here to tell
13 the truth and answer honestly to the questions
14 that I ask you?
15 A. Yes.
16 Q. And will you give truthful, honest
17 answers to my questions?
18 A. I will try.
19 Q. How did you get here today?
20 A. I came by car.
21 Q. Did you come alone?
22 A. Yes.
23 Q. What car did you drive?
24 A. Actually it wasn't a car. It's a
25 minivan.
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022
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1 Levi Heber
2 Q. What minivan did you drive?
3 A. I believe it is a Honda Odyssey.
4 Q. What year is it?
5 A. 2019, I believe.
6 Q. Do you own that car?
7 A. No.
8 Q. Do you lease that car?
9 A. Yes.
10 Q. From whom do you lease it?
11 A. I think it is called Honda Financials.
12 I don't recall the specifics.
13 Q. Is it a monthly lease?
14 A. It is a monthly lease.
15 Q. How much do you pay every month?
16 A. About 4 something.
17 Q. How do you make that monthly payment?
18 A. So this is a vehicle used for purposes
19 of bris, so it's paid out of a bris account.
20 Q. Do you physically make the payment
21 each and every month?
22 A. No.
23 Q. Do you ever make the payment?
24 A. No.
25 Q. Who does?
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022
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1 Levi Heber
2 A. It's automatic.
3 Q. Who set up the automatic payment?
4 A. I don't recall the specifics of how
5 that works. It's about three years now.
6 Q. So you leased the car about three
7 years ago?
8 A. Yes.
9 Q. When does the lease expire?
10 A. I am not sure of the exact date, but
11 before the end of the year.
12 Q. When you leased the car, did you have
13 to submit a financial statement to the auto
14 company or leasing company?
15 A. I don't recall the specifics, but
16 whatever they asked me, I complied.
17 Q. Did you keep copies of whatever
18 paperwork you had to give the leasing company?
19 A. I don't remember.
20 Q. From what bank account does the lease
21 payment come out of?
22 A. It is the bris organization, so it's
23 bris organization's account.
24 Q. What is the name of the bris
25 organization?
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FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022
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1 Levi Heber
2 A. International Bris Association.
3 Q. We are going to talk in a little while
4 about that organization so we will pick up with
5 that. Besides the Honda minivan, do you own or
6 lease any other vehicles?
7 A. No.
8 Q. Before you came here today, within the
9 last month, did you do anything to look for
10 records of your income?
11 A. Whatever was requested I provided.
12 Q. But my question is: Did you do
13 anything to look for records of your income?
14 A. I am not sure I understand what that
15 means.
16 Q. Okay. Do you receive income from any
17 source?
18 A. So the bank statements, is that what
19 you are asking?
20 Q. Well, we are going to get into the
21 bank statements, but my immediate question is:
22 Do you receive any income, and we can talk about
23 it just in the context of 2022, have you
24 received any income from any source in 2022?
25 A. Not as a payment income, checks, or
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022
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1 Levi Heber
2 any type of weekly payment income.
3 Q. I am not sure I understand that. Are
4 you testifying that you don't receive a salary?
5 A. A base salary, like a monthly or
6 weekly check, no.
7 Q. Have you received any money from any
8 source in calendar year 2022 regardless of
9 reason?
10 A. I didn't receive any direct income
11 paid. There are reasons that I do, people give
12 me some tips for a service, they vary.
13 Q. So other than getting tips for brises
14 that you performed in 2022, did you receive
15 money from any source and for any reason
16 whatsoever?
17 A. I don't have the specifics, but there
18 is, as the years have been in the past, where
19 the organization has paid some expenses and
20 considered that a payment.
21 Q. When you say "the organization," are
22 you referring to International Bris Association?
23 A. Correct.
24 Q. And that's the same entity that pays
25 the car lease for the minivan you're driving?
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022
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1 Levi Heber
2 A. Correct.
3 Q. So other than payments made by
4 International Bris and tips that you get as a
5 result of brises that you perform, have you
6 received any money from any source in 2022 for
7 any reason whatsoever?
8 A. Not that I have.
9 MR. MEYSTELMAN: Objection to form. I
10 don't think he understands your question.
11 MR. BROWSER: Why do you believe he
12 doesn't understand my question? It's
13 pretty clear.
14 MR. MEYSTELMAN: When you say if he
15 receives, I think you need to define for
16 him what you mean by "receives".
17 MR. BROWSER: Does he get.
18 MR. MEYSTELMAN: Get what?
19 MR. BROWSER: Any money from any
20 source whatsoever.
21 MR. MEYSTELMAN: What does it mean to
22 you to get money?
23 MR. BROWSER: If anyone gives you
24 money for any reason --
25 MR. MEYSTELMAN: Exchange of cash hand
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022
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1 Levi Heber
2 to hand?
3 MR. BROWSER: In any amount, cash,
4 check, wire transfer --
5 MR. MEYSTELMAN: Into his hand or into
6 his bank account?
7 MR. BROWSER: For any reason
8 whatsoever, it could go into his bank
9 account, into a joint account, it could be
10 paying an expense on his behalf, it could
11 be physically handing you cash, it could be
12 physically handing you a check, it could be
13 physically handing you or sending to you in
14 any way, shape, or form a debit card or
15 gift card or anything like that.
16 MR. MEYSTELMAN: So I think if you
17 could ask those questions to him it would
18 help all of us to be more clear what you
19 are asking.
20 Q. Did you hear my description to your
21 lawyer about what it means to get income or
22 money from any source?
23 A. I heard.
24 Q. Do you understand the question that
25 I'm posing?
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022
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1 Levi Heber
2 A. I am not sure I technically understand
3 the specifics of perhaps what you are meaning;
4 but if you are saying as a payment, I don't have
5 any knowledge of that.
6 Q. In 2022, did anybody hand you any
7 money for any reason whatsoever?
8 A. I mentioned that people give me tips
9 for what I do, or the organization pays for some
10 of my expenses.
11 Q. Other than people giving you tips, has
12 anyone handed you money?
13 A. Not that I have knowledge of at this
14 point.
15 Q. Has anyone wired any money or
16 transferred any money into any account in your
17 name in 2022?
18 A. Not that I have information of at this
19 point or know of.
20 Q. Have you done anything before this
21 deposition to investigate whether anyone
22 transferred any money to you in 2022?
23 A. Yes. The only way that it would
24 happen is if my account has funds coming in from
25 somewhere and I provided that.
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022
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1 Levi Heber
2 Q. What did you provide?
3 A. Bank statements.
4 Q. What did you do to get those bank
5 statements?
6 A. I copied the statement.
7 Q. And how did you get the statements?
8 A. Statements that were under my name and
9 maybe perhaps online. I don't remember if I had
10 a copy, but PDF a copy of the statements I
11 forwarded I believe to somebody, perhaps the
12 lawyer.
13 Q. Did you look at those statements
14 before you sent them to your lawyer?
15 A. I didn't look at them thoroughly.
16 Q. Did you look at them at all?
17 A. I browsed through some of them, but
18 not like investigated if that's what you mean.
19 Q. When did you look at them?
20 A. When I had them, when I provided them.
21 Q. What date did you provide them to your
22 lawyer?
23 A. I don't recall the date at this point.
24 Q. Was it within the last two weeks?
25 A. I don't remember, whenever it was
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NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022
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1 Levi Heber
2 asked for.
3 Q. How much time did you spend looking
4 through the statements?
5 A. I don't know. I browsed through it.
6 Q. Did you do anything to prepare for
7 this deposition other than talk to your lawyer?
8 A. I am here.
9 Q. That is not an answer to my question.
10 Did you do anything to prepare for this
11 deposition other than talk to your lawyer?
12 A. Provided information that was
13 requested.
14 Q. Anything else besides that?
15 A. I am not sure what you mean by that.
16 Q. Did you review any documents in
17 preparation for today's deposition?
18 A. Like statements?
19 Q. Did you review any documents in
20 preparation --
21 A. I reviewed some documents in the past.
22 I don't know what it means "in preparation," I
23 have seen some documents in the past.
24 Q. Did you read anything in preparation
25 for this deposition?
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1 Levi Heber
2 A. I mean from when? In the past I have.
3 Whatever I believe -- I mean, there are things
4 that were sent, I read it, it could have been
5 weeks ago, days ago, months ago. I don't know.
6 Q. I will read to you a decision and
7 order issued by a judge in this case. It was
8 issued on July 7 of 2022. In that decision, the
9 judge directed you to produce all documents
10 regarding your income, assets, and expenses
11 prior to the deposition.
12 Since July 7 of 2022, what, if
13 anything, did you do in anticipation of this
14 deposition?
15 A. I provided the source of where that
16 would have answered the question, which is the
17 bank statements.
18 Q. Besides providing bank statements,
19 what, if anything, did you do in anticipation of
20 this deposition?
21 A. I am not understanding the specifics,
22 but the question was where is my income? My
23 understanding, that would have meant the
24 statements, what income would go into; and I
25 don't have any more bank statements than what I
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1 Levi Heber
2 have given you.
3 Q. So the bank statements that you
4 provided, is that the only bank at which you
5 conduct your personal banking business?
6 A. Yes.
7 Q. And what bank is that?
8 A. Bank of America.
9 Q. And is there a particular branch where
10 you go to when you need to conduct banking
11 business?
12 A. No.
13 Q. What, if anything, did you do to look
14 for documents regarding the expenses that you
15 have?
16 A. Expenses that I have? I don't have
17 like a place to look for that. I figured that
18 the only information that would be pertinent
19 would be the bank statement, and that's what I
20 gave.
21 Q. Do you know what the word "expenses"
22 means?
23 A. It's expense.
24 Q. Do you know what the word "expenses"
25 means?
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FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 EXHIBIT G FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK 3 COUNTY OF KINGS 4 - - - - - - - - - - - - - - - - - - - -x 5 NIMKOFF, ROSENFELD & SCHECHTER, LLP., 6 Plaintiff, 7 -against- 8 LEVI HEBER and JEWELRY 2000, INC., 9 Defendants. 10 Index No.: 509372/2021 - - - - - - - - - - - - - - - - - - - -x 11 12 13 1425 RXR Plaza Uniondale, New York 14 August 11th, 2022 15 10:17 a.m. 16 17 18 19 EXAMINATION BEFORE TRIAL of LEVI HEBER, 20 the Defendant herein, taken at the above-mentioned 21 time and place, before Dana Daufeldt, CSR, RPR, and 22 a Notary Public of the State of New York, pursuant 23 to Order and Stipulations between Counsel. 24 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 2 1 2 A P P E A R A N C E S : 3 4 RUSKIN MOSCOU FALTISCHEK, P.C. Attorneys for Plaintiff 5 1425 RXR Plaza Uniondale, New York 11556 6 BY: ADAM BROWSER, ESQ. 7 8 9 10 I.M. LAW GROUP, P.C. Attorneys for Defendants 11 445 Central Avenue Suite 108 12 Cedarhurst, New York 11516 13 BY: IGOR MEYSTELMAN, ESQ. 14 15 16 17 18 ALSO PRESENT: 19 RONALD NIMKOFF, ESQ. 20 21 22 23 24 25 Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 3 1 2 STIPULATIONS 3 IT IS HEREBY STIPULATED, by and among 4 the attorneys for the respective parties hereto, 5 that: 6 All rights provided by the C.P.L.R., 7 and Part 221 of the Uniform Rules for the Conduct of 8 Depositions, including the right to object to any 9 question, except as to form, or to move to strike 10 any testimony at this examination is reserved; and 11 in addition, the failure to object to any question 12 or to move to strike any testimony at this 13 examination shall not be a bar or waiver to make 14 such motion at, and is reserved to, the trial of 15 this action. 16 This deposition may be sworn to by 17 the witness being examined before a Notary Public 18 other than the Notary Public before whom this 19 examination was begun, but the failure to do so or 20 to return the original of this deposition to 21 counsel, shall not be deemed a waiver of the rights 22 provided by Rule 3116, C.P.L.R., and shall be 23 controlled thereby. 24 The filing of the original of this 25 deposition is waived. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 4 1 2 LEVI HEBER, 3 having first duly affirmed before a Notary Public of 4 the State of New York, was examined and testified as 5 follows: 6 MR. BROWSER: Good morning. I am Adam 7 Browser, I am the attorney for the 8 plaintiff judgment creditor here. Thank 9 you for coming today. 10 I am going to ask you a bunch of 11 questions. All of your responses have to 12 be verbal, no body language because the 13 court reporter is going to be taking down 14 your responses, so everything has to be 15 verbal. 16 If at any point you don't understand 17 my question, please tell me and I will try 18 to rephrase it differently. I don't expect 19 this to be an incredibly long morning; but 20 if you do need to take a break for some 21 reason, let me know. As long as we are not 22 in the middle of a question, we can take a 23 break. If you need to take a break you can 24 do it, just not while a question is 25 pending. With those preliminaries out of Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 5 1 Levi Heber 2 the way, let us begin. 3 EXAMINATION BY 4 MR. BROWSER: 5 Q. Please state your full name for the 6 record. 7 A. Levi Heber. 8 Q. Please state your current home 9 address. 10 A. 541 Montgomery Street, Brooklyn, New 11 York 11225. 12 Q. Do you understand you are here to tell 13 the truth and answer honestly to the questions 14 that I ask you? 15 A. Yes. 16 Q. And will you give truthful, honest 17 answers to my questions? 18 A. I will try. 19 Q. How did you get here today? 20 A. I came by car. 21 Q. Did you come alone? 22 A. Yes. 23 Q. What car did you drive? 24 A. Actually it wasn't a car. It's a 25 minivan. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 6 1 Levi Heber 2 Q. What minivan did you drive? 3 A. I believe it is a Honda Odyssey. 4 Q. What year is it? 5 A. 2019, I believe. 6 Q. Do you own that car? 7 A. No. 8 Q. Do you lease that car? 9 A. Yes. 10 Q. From whom do you lease it? 11 A. I think it is called Honda Financials. 12 I don't recall the specifics. 13 Q. Is it a monthly lease? 14 A. It is a monthly lease. 15 Q. How much do you pay every month? 16 A. About 4 something. 17 Q. How do you make that monthly payment? 18 A. So this is a vehicle used for purposes 19 of bris, so it's paid out of a bris account. 20 Q. Do you physically make the payment 21 each and every month? 22 A. No. 23 Q. Do you ever make the payment? 24 A. No. 25 Q. Who does? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 7 1 Levi Heber 2 A. It's automatic. 3 Q. Who set up the automatic payment? 4 A. I don't recall the specifics of how 5 that works. It's about three years now. 6 Q. So you leased the car about three 7 years ago? 8 A. Yes. 9 Q. When does the lease expire? 10 A. I am not sure of the exact date, but 11 before the end of the year. 12 Q. When you leased the car, did you have 13 to submit a financial statement to the auto 14 company or leasing company? 15 A. I don't recall the specifics, but 16 whatever they asked me, I complied. 17 Q. Did you keep copies of whatever 18 paperwork you had to give the leasing company? 19 A. I don't remember. 20 Q. From what bank account does the lease 21 payment come out of? 22 A. It is the bris organization, so it's 23 bris organization's account. 24 Q. What is the name of the bris 25 organization? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 8 1 Levi Heber 2 A. International Bris Association. 3 Q. We are going to talk in a little while 4 about that organization so we will pick up with 5 that. Besides the Honda minivan, do you own or 6 lease any other vehicles? 7 A. No. 8 Q. Before you came here today, within the 9 last month, did you do anything to look for 10 records of your income? 11 A. Whatever was requested I provided. 12 Q. But my question is: Did you do 13 anything to look for records of your income? 14 A. I am not sure I understand what that 15 means. 16 Q. Okay. Do you receive income from any 17 source? 18 A. So the bank statements, is that what 19 you are asking? 20 Q. Well, we are going to get into the 21 bank statements, but my immediate question is: 22 Do you receive any income, and we can talk about 23 it just in the context of 2022, have you 24 received any income from any source in 2022? 25 A. Not as a payment income, checks, or Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 9 1 Levi Heber 2 any type of weekly payment income. 3 Q. I am not sure I understand that. Are 4 you testifying that you don't receive a salary? 5 A. A base salary, like a monthly or 6 weekly check, no. 7 Q. Have you received any money from any 8 source in calendar year 2022 regardless of 9 reason? 10 A. I didn't receive any direct income 11 paid. There are reasons that I do, people give 12 me some tips for a service, they vary. 13 Q. So other than getting tips for brises 14 that you performed in 2022, did you receive 15 money from any source and for any reason 16 whatsoever? 17 A. I don't have the specifics, but there 18 is, as the years have been in the past, where 19 the organization has paid some expenses and 20 considered that a payment. 21 Q. When you say "the organization," are 22 you referring to International Bris Association? 23 A. Correct. 24 Q. And that's the same entity that pays 25 the car lease for the minivan you're driving? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 10 1 Levi Heber 2 A. Correct. 3 Q. So other than payments made by 4 International Bris and tips that you get as a 5 result of brises that you perform, have you 6 received any money from any source in 2022 for 7 any reason whatsoever? 8 A. Not that I have. 9 MR. MEYSTELMAN: Objection to form. I 10 don't think he understands your question. 11 MR. BROWSER: Why do you believe he 12 doesn't understand my question? It's 13 pretty clear. 14 MR. MEYSTELMAN: When you say if he 15 receives, I think you need to define for 16 him what you mean by "receives". 17 MR. BROWSER: Does he get. 18 MR. MEYSTELMAN: Get what? 19 MR. BROWSER: Any money from any 20 source whatsoever. 21 MR. MEYSTELMAN: What does it mean to 22 you to get money? 23 MR. BROWSER: If anyone gives you 24 money for any reason -- 25 MR. MEYSTELMAN: Exchange of cash hand Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 11 1 Levi Heber 2 to hand? 3 MR. BROWSER: In any amount, cash, 4 check, wire transfer -- 5 MR. MEYSTELMAN: Into his hand or into 6 his bank account? 7 MR. BROWSER: For any reason 8 whatsoever, it could go into his bank 9 account, into a joint account, it could be 10 paying an expense on his behalf, it could 11 be physically handing you cash, it could be 12 physically handing you a check, it could be 13 physically handing you or sending to you in 14 any way, shape, or form a debit card or 15 gift card or anything like that. 16 MR. MEYSTELMAN: So I think if you 17 could ask those questions to him it would 18 help all of us to be more clear what you 19 are asking. 20 Q. Did you hear my description to your 21 lawyer about what it means to get income or 22 money from any source? 23 A. I heard. 24 Q. Do you understand the question that 25 I'm posing? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 12 1 Levi Heber 2 A. I am not sure I technically understand 3 the specifics of perhaps what you are meaning; 4 but if you are saying as a payment, I don't have 5 any knowledge of that. 6 Q. In 2022, did anybody hand you any 7 money for any reason whatsoever? 8 A. I mentioned that people give me tips 9 for what I do, or the organization pays for some 10 of my expenses. 11 Q. Other than people giving you tips, has 12 anyone handed you money? 13 A. Not that I have knowledge of at this 14 point. 15 Q. Has anyone wired any money or 16 transferred any money into any account in your 17 name in 2022? 18 A. Not that I have information of at this 19 point or know of. 20 Q. Have you done anything before this 21 deposition to investigate whether anyone 22 transferred any money to you in 2022? 23 A. Yes. The only way that it would 24 happen is if my account has funds coming in from 25 somewhere and I provided that. Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 13 1 Levi Heber 2 Q. What did you provide? 3 A. Bank statements. 4 Q. What did you do to get those bank 5 statements? 6 A. I copied the statement. 7 Q. And how did you get the statements? 8 A. Statements that were under my name and 9 maybe perhaps online. I don't remember if I had 10 a copy, but PDF a copy of the statements I 11 forwarded I believe to somebody, perhaps the 12 lawyer. 13 Q. Did you look at those statements 14 before you sent them to your lawyer? 15 A. I didn't look at them thoroughly. 16 Q. Did you look at them at all? 17 A. I browsed through some of them, but 18 not like investigated if that's what you mean. 19 Q. When did you look at them? 20 A. When I had them, when I provided them. 21 Q. What date did you provide them to your 22 lawyer? 23 A. I don't recall the date at this point. 24 Q. Was it within the last two weeks? 25 A. I don't remember, whenever it was Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 14 1 Levi Heber 2 asked for. 3 Q. How much time did you spend looking 4 through the statements? 5 A. I don't know. I browsed through it. 6 Q. Did you do anything to prepare for 7 this deposition other than talk to your lawyer? 8 A. I am here. 9 Q. That is not an answer to my question. 10 Did you do anything to prepare for this 11 deposition other than talk to your lawyer? 12 A. Provided information that was 13 requested. 14 Q. Anything else besides that? 15 A. I am not sure what you mean by that. 16 Q. Did you review any documents in 17 preparation for today's deposition? 18 A. Like statements? 19 Q. Did you review any documents in 20 preparation -- 21 A. I reviewed some documents in the past. 22 I don't know what it means "in preparation," I 23 have seen some documents in the past. 24 Q. Did you read anything in preparation 25 for this deposition? Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 15 1 Levi Heber 2 A. I mean from when? In the past I have. 3 Whatever I believe -- I mean, there are things 4 that were sent, I read it, it could have been 5 weeks ago, days ago, months ago. I don't know. 6 Q. I will read to you a decision and 7 order issued by a judge in this case. It was 8 issued on July 7 of 2022. In that decision, the 9 judge directed you to produce all documents 10 regarding your income, assets, and expenses 11 prior to the deposition. 12 Since July 7 of 2022, what, if 13 anything, did you do in anticipation of this 14 deposition? 15 A. I provided the source of where that 16 would have answered the question, which is the 17 bank statements. 18 Q. Besides providing bank statements, 19 what, if anything, did you do in anticipation of 20 this deposition? 21 A. I am not understanding the specifics, 22 but the question was where is my income? My 23 understanding, that would have meant the 24 statements, what income would go into; and I 25 don't have any more bank statements than what I Veritext Legal Solutions 212-267-6868 www.veritext.com 516-608-2400 FILED: KINGS COUNTY CLERK 11/04/2022 05:25 PM INDEX NO. 532327/2022 NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 11/04/2022 Page 16 1 Levi Heber 2 have given you. 3 Q. So the bank statements that you 4 provided, is that the only bank at which you 5 conduct your personal banking business? 6 A. Yes. 7 Q. And what bank is that? 8 A. Bank of America. 9 Q. And is there a particular branch where 10 you go to when you need to conduct banking 11 business? 12 A. No. 13 Q. What, if anything, did you do to look 14 for documents regarding the expenses that you 15 have? 16 A. Expenses that I have? I don't have 17 like a place to look for that. I figured that 18 the only information that would be pertinent 19 would be the bank statement, and that's what I 20 gave. 21 Q. Do you know what the word "expenses" 22 means? 23 A. It's expense. 24 Q. Do you know what the word "expenses" 25 means? Veritext Legal Solutions 212-267-6868 www.