On August 30, 2012 a
Motion-Secondary
was filed
involving a dispute between
Xxxxx Xxxxxxxx,
Xxxxxx Xxxxxxxx,
and
Berlin Obgyn Associates,
Family Psychology Of Long Island,
Janssen Pharmaceuticals, Inc. K N A Ortho-Mcneil-Janssen Pharmaceuticals, Inc.,
Richard Pitch,
Ronald J Tadeo,
Scott Berlin,
Shore Psychiatric Center,
Zydus Pharmaceuticals Usa, Inc.,
for Tort
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
---------------------------------X
xxxxxx xxxxxxxx, on behalf of Index No.: 026910/2012
, an Infant under the age of 18,
and xxxxxx xxxxxxxx Individually,
AFFIDAVIT
Plaintiffs,
-against-
RONALD J. TADEO, M.D., RICHARD PITCH, M.D.,
SCOTT BERLIN, M.D.,SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND,
BERLIN OBGYN ASSOCIATES, JANSSEN
INC. k/n/a ORTHO-MCNEll-
PHARMACEUTICALS,
JANSSEN PHARMACEUTICALS, INC. and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
----------------------------------X
STATE OF NEW YORK )
) SS.:
COUNTY OF SUFFOLK )
MARK FURSHPAN, Ph.D., being over 18 years of age, being duly sworn, hereby
swears, under penalty of perjury as follows:
1. I am a clinical psychologist and the Chief Executive Officer and sole shareholder of
Defendant Family Psychology of Long Island, P.C. ("Family Psychology"), and as such,
am fullyfamiliar with allof the facts detailed within this Affidavit. During the relevant time
period at issue (July 5, 2007-September 24, 2009), I was (and stillam) the only mental
health professional employed by Family Psychology.
2. Family Psychology is located at 1563 Montauk Highway, Oakdale, New York 11769 and
was and stillis a group practice comprised of independent mental health professionals
working within the same office. Besides myself, none of the other independent mental
health professionals affiliated with Family Psychology are employed by it.
. . .. .
5367538
1 of 3
FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/10/2019
3. The affiliated mental health professionals do not receive salaries from Family
Psychology. The affiliated mental health professionals lease office space from Family
Psychoicgy and pursuant to their leases, are provided with limited secretarial services,
including assistance in scheduling appointments and relaying telephone messages. The
affiliated mental health professionals billunder their respective license numbers and tax
identification numbers and maintain their own professional liabilityinsurance coverage.
4. All affiliated professionals set their own work hours and fees, decide which patients to
treat and accept insurance coverage from providers of their own choosing.
5. Neither I,individually, or in my capacity as Chief Executive Officer of Family Psychology,
direct or controi the clinical work of any of the other affiliated mental health professionals
at Family Psychology, including Co-Defendant Richard Pitch, M.D.
6. During the pertinent time period, and as reflected in Family Psychology's Response to
Combined Demands dated February 11, 2013, Dr. Pitch !eased office space and paid a
monthly rent. Pursuant to his lease/business agreement, Dr. Pitch was responsible for
managing the billing of his treatment procedure codes and fees and was paid directly to
his own tax identification number. As a courtesy to patients, patient payments made to
the respective affiliated mental health prefessionals via credit card were processed
through Family Psycholcgy's credit payment account. All affiliated mental health
professionals are reimbursed by Family Psychology for these credit card payments on a
weekly basis, less 2% bank charges.
7. Dr. Pitch rented a room within the office for up to five days per week. Dr. Pitch was not
an employee of Family Psychology during the relevant time period, and set his own work
schedule as he desired.
5367538
2 of 3
FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/10/2019
RSHPAN, Ph.D.
Sworn to before me on this
8th
day of January, 2019
Kristin J. Novellino
Notary Public, State of New tork
otary Public
No. 01NO5077142
Qualified in Suffolk County
Commission Expires 2019
May 5,
5367538
3 of 3
Preview
FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------X xxxxxx xxxxxxxx, on behalf of Index No.: 026910/2012 , an Infant under the age of 18, and xxxxxx xxxxxxxx Individually, AFFIDAVIT Plaintiffs, -against- RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D.,SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN INC. k/n/a ORTHO-MCNEll- PHARMACEUTICALS, JANSSEN PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS USA, INC., Defendants. ----------------------------------X STATE OF NEW YORK ) ) SS.: COUNTY OF SUFFOLK ) MARK FURSHPAN, Ph.D., being over 18 years of age, being duly sworn, hereby swears, under penalty of perjury as follows: 1. I am a clinical psychologist and the Chief Executive Officer and sole shareholder of Defendant Family Psychology of Long Island, P.C. ("Family Psychology"), and as such, am fullyfamiliar with allof the facts detailed within this Affidavit. During the relevant time period at issue (July 5, 2007-September 24, 2009), I was (and stillam) the only mental health professional employed by Family Psychology. 2. Family Psychology is located at 1563 Montauk Highway, Oakdale, New York 11769 and was and stillis a group practice comprised of independent mental health professionals working within the same office. Besides myself, none of the other independent mental health professionals affiliated with Family Psychology are employed by it. . . .. . 5367538 1 of 3 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/10/2019 3. The affiliated mental health professionals do not receive salaries from Family Psychology. The affiliated mental health professionals lease office space from Family Psychoicgy and pursuant to their leases, are provided with limited secretarial services, including assistance in scheduling appointments and relaying telephone messages. The affiliated mental health professionals billunder their respective license numbers and tax identification numbers and maintain their own professional liabilityinsurance coverage. 4. All affiliated professionals set their own work hours and fees, decide which patients to treat and accept insurance coverage from providers of their own choosing. 5. Neither I,individually, or in my capacity as Chief Executive Officer of Family Psychology, direct or controi the clinical work of any of the other affiliated mental health professionals at Family Psychology, including Co-Defendant Richard Pitch, M.D. 6. During the pertinent time period, and as reflected in Family Psychology's Response to Combined Demands dated February 11, 2013, Dr. Pitch !eased office space and paid a monthly rent. Pursuant to his lease/business agreement, Dr. Pitch was responsible for managing the billing of his treatment procedure codes and fees and was paid directly to his own tax identification number. As a courtesy to patients, patient payments made to the respective affiliated mental health prefessionals via credit card were processed through Family Psycholcgy's credit payment account. All affiliated mental health professionals are reimbursed by Family Psychology for these credit card payments on a weekly basis, less 2% bank charges. 7. Dr. Pitch rented a room within the office for up to five days per week. Dr. Pitch was not an employee of Family Psychology during the relevant time period, and set his own work schedule as he desired. 5367538 2 of 3 FILED: SUFFOLK COUNTY CLERK 01/10/2019 12:25 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 62 RECEIVED NYSCEF: 01/10/2019 RSHPAN, Ph.D. Sworn to before me on this 8th day of January, 2019 Kristin J. Novellino Notary Public, State of New tork otary Public No. 01NO5077142 Qualified in Suffolk County Commission Expires 2019 May 5, 5367538 3 of 3