Preview
FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022
Exhibit C
FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
----------------------------------------------------------------------X
ALBERT PEREZ, individually and derivatively
on behalf of TOTAL COMPUTER SOFTWARE, LLC, Index No. 063193/2013
Hon. Jerry Garguilo
- Plaintiff - Part 48
-against -
VINCENT TEDESCO, TOTAL COMPUTER SYSTEMS,
LTD. d/b/a TOTAL COMPUTER GROUP, TOTAL
COMPUTER GROUP, LLC, TOTAL COMPUTERS, LTD.
and JOHN DOE CORPORATION,
- Defendants -
-------------------------------------------------------------------X
TOTAL COMPUTER SOFTWARE, LLC,
- Third Party Plaintiff -
-against -
ALBERT PEREZ,
- Third Party Defendant -
----------------------------------------------------------- ·---------X
AFFIDAVIT OF CHRIS REPETTI
STATE OF NEW YORK )
) ss:
COUNTY OF SUFFOLK )
CHRIS REPETTI, being duly sworn, deposes and says:
1. I am a Senior Network Engineer for Total Computer Group ("Group"). My
responsibilities include oversight and maintenance of customers' networks, reviewing
hardware, network design, and overall network administration for Group. I am also an
escalation point for issues presented to junior staff that require higher-level assistance. I
FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022
also serve as a bridge between the sales and networking departments. I have personal
knowledge of the matters set forth herein.
ConnectWise Software Program
2. I understand that Albert Perez has requested that a copy be made of all Total
Computer Software ("Software") data in a system called ConnectWise. The
ConnectWise customer data management and work ticketing program, and all associated
data, is housed on a dedicated Group server. Software employees used the ConnectWise
database to record detailed information about the work being performed for Software
customers, which included local law enforcement agencies. Part of my responsibilities
for Group include certain functions related to ConnectWise, including maintaining the
ConnectWise server and access thereto.
3. The ConnectWise database is single administrative database that holds all data for
all related logins. There is a single login for Software and Group, and their data is
intermingled.
4. I have personally accessed Software and Group records maintained in the
ConnectWise database. I know that the types of customer information stored therein
include: invoices, quotes, business and personal information of clients, phone numbers
including cell phone numbers, and records of police department information that fall
under the Criminal Justice Information Systems ("CJIS") requirements, among other
data. The ConnectWise server would also include the historical records for those
customers for whom Group has purchased and resold access licenses to ConnectWise
over the years.
2
FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022
5. In addition, over the years, Group has facilitated access to the ConnectWise
program for several clients, including a town and a school, by purchasing licenses from
ConnectWise for client access. These clients then are able to utilize ConnectWise for
their own business needs. They are not able to access Software or Group customer data,
only their own. However, these licensed clients' data is stored within our ConnectWise
server.
6. Therefore, if a copy of ConnectWise as exists on Group's server were made for
Mr. Perez, he would have access not only to Software and Group data, but also to data for
clients that have purchased separate ConnectWise licenses through Group over the years.
All of this data is within the single ConnectWise database, and cannot be segregated.
7. Currently, there are approximately 431,000 work tickets in the database. This
number includes tickets for both Group and Software customers, as well as license resale
customers, because it is not possible to sort the tickets by business. To the best of my
knowledge, there is no way to use an automated feature to filter and/or redact either (a)
records stored on behalf of license resale clients or (b) sensitive information belonging to
Software and/or Group's customers that is stored in tickets created by Software and
Group employees.
8. I understand that Mr. Perez has suggested that Software employees manually
review the ConnectWise data and redact or delete irrelevant, sensitive or confidential
information (such as CJIS data). The manual redactions suggested by Mr. Perez would
be an enormously time-consuming effort that would be impossible to complete while still
performing services for current clients and otherwise supporting the day-to-day business
of Group.
3
FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022
9. Each ticket could contain time entries that span from one to twenty or more
entries. Even using an extremely conservative estimate of an average of two minutes per
ticket to review and delete irrelevant, confidential, or other sensitive information,
reviewing each of the 431,000 tickets would require approximately 14,350 hours, or
almost 600 full days of manpower.
10. If we were to print each of the 431,000 tickets and manually redact irrelevant,
confidential, or otherwise sensitive information, there would be no way to analyze intact
metadata. If redactions were performed electronically, there would be no way to avoid
altering the metadata, which I understand Mr. Perez wishes to review in unaltered form.
11. In light of the foregoing, I do not believe it is practically possible to make a copy
of Software-related data from which all irrelevant, confidential, and sensitive data has
been redacted.
12. Some measure of protection of the data could be assured if Mr. Perez were not
provided an unrestricted copy of the database, but instead obtained read-only access
through a third-party vendor. If read-only access were provided, the data (including all
associated metadata) could be fully reviewed, without alteration, by Mr. Perez. This
would, however, also include data of Group clients who purchased licenses for their own
use of ConnectWise.
4
FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022
13. A copy of the email from a ConnectWise representative to Group is attached
hereto as Exhibit A. In the email, ConnectWise describes two options (including pricing)
that would permit Mr. Perez read-only access to the ConnectWise database.
Dated: April 22, 2016
Chris Repetti
Subscribed and sworn to
2 nd day of April, 2016. VALIRIE E SHIELDS
Notary Publlc • State of New York
No. 01SH8284607
Quallfl In Suffolk County
on Expires: (R l l7 ( "2,-011---
My Comml8slon Explr June 17, 201?
5
FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022
EXHIBIT A
FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022
From: ConnectWise Technical Support
Sent: Tuesday, December 1, 2015 3:29 PM
To: Joseph Cassano
Subject: Ticket#7209277/TotalComputer/SERVER>2015.5> SQL Database Access in read-only
format -- has been updated
--REPLY above this line to respond--
This ticket has been updated by Jake Alty
Thanks Joe.
To recap the available options,
Option 1: Create a Test Server which will provide access to only the application for the user. It is a one time fee of $895 and a monthly
support fee of $90. That will need to have a SQL Standard edition or higher to work properly and will contain 3 User licenses to the
application.
We would restore your production database over to this one and provide you an alternative company ID to log in with. From there, you
could restrict the user(s) to a security role of read only access. This would act as a standalone instance and they would download the
ConnectWise client and login with those credentials externally.
Option 2: Create a test server and install SQL Express. As long as your database remains under 10 GB express (which is free) will be
sufficient. If you want to provide us the SQL .iso file, we can do the installation and configure the SQL Login with read only access to
the database for $299. From there, we can restore the database over for $150. This would be SQL only access. They would need
RDP access given to them to connect to the database from the server or the test server can be exposed externally over a specific port
and they would connect using SSMS or Excel from their workstation. As this would be a one time setup, there would not be any
recurring maintenance fee.
Let me know if you have any other questions. Thanks again.
Sincerely,
Jake Alty
T3 Engineer
Preview
FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022 Exhibit C FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ----------------------------------------------------------------------X ALBERT PEREZ, individually and derivatively on behalf of TOTAL COMPUTER SOFTWARE, LLC, Index No. 063193/2013 Hon. Jerry Garguilo - Plaintiff - Part 48 -against - VINCENT TEDESCO, TOTAL COMPUTER SYSTEMS, LTD. d/b/a TOTAL COMPUTER GROUP, TOTAL COMPUTER GROUP, LLC, TOTAL COMPUTERS, LTD. and JOHN DOE CORPORATION, - Defendants - -------------------------------------------------------------------X TOTAL COMPUTER SOFTWARE, LLC, - Third Party Plaintiff - -against - ALBERT PEREZ, - Third Party Defendant - ----------------------------------------------------------- ·---------X AFFIDAVIT OF CHRIS REPETTI STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) CHRIS REPETTI, being duly sworn, deposes and says: 1. I am a Senior Network Engineer for Total Computer Group ("Group"). My responsibilities include oversight and maintenance of customers' networks, reviewing hardware, network design, and overall network administration for Group. I am also an escalation point for issues presented to junior staff that require higher-level assistance. I FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022 also serve as a bridge between the sales and networking departments. I have personal knowledge of the matters set forth herein. ConnectWise Software Program 2. I understand that Albert Perez has requested that a copy be made of all Total Computer Software ("Software") data in a system called ConnectWise. The ConnectWise customer data management and work ticketing program, and all associated data, is housed on a dedicated Group server. Software employees used the ConnectWise database to record detailed information about the work being performed for Software customers, which included local law enforcement agencies. Part of my responsibilities for Group include certain functions related to ConnectWise, including maintaining the ConnectWise server and access thereto. 3. The ConnectWise database is single administrative database that holds all data for all related logins. There is a single login for Software and Group, and their data is intermingled. 4. I have personally accessed Software and Group records maintained in the ConnectWise database. I know that the types of customer information stored therein include: invoices, quotes, business and personal information of clients, phone numbers including cell phone numbers, and records of police department information that fall under the Criminal Justice Information Systems ("CJIS") requirements, among other data. The ConnectWise server would also include the historical records for those customers for whom Group has purchased and resold access licenses to ConnectWise over the years. 2 FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022 5. In addition, over the years, Group has facilitated access to the ConnectWise program for several clients, including a town and a school, by purchasing licenses from ConnectWise for client access. These clients then are able to utilize ConnectWise for their own business needs. They are not able to access Software or Group customer data, only their own. However, these licensed clients' data is stored within our ConnectWise server. 6. Therefore, if a copy of ConnectWise as exists on Group's server were made for Mr. Perez, he would have access not only to Software and Group data, but also to data for clients that have purchased separate ConnectWise licenses through Group over the years. All of this data is within the single ConnectWise database, and cannot be segregated. 7. Currently, there are approximately 431,000 work tickets in the database. This number includes tickets for both Group and Software customers, as well as license resale customers, because it is not possible to sort the tickets by business. To the best of my knowledge, there is no way to use an automated feature to filter and/or redact either (a) records stored on behalf of license resale clients or (b) sensitive information belonging to Software and/or Group's customers that is stored in tickets created by Software and Group employees. 8. I understand that Mr. Perez has suggested that Software employees manually review the ConnectWise data and redact or delete irrelevant, sensitive or confidential information (such as CJIS data). The manual redactions suggested by Mr. Perez would be an enormously time-consuming effort that would be impossible to complete while still performing services for current clients and otherwise supporting the day-to-day business of Group. 3 FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022 9. Each ticket could contain time entries that span from one to twenty or more entries. Even using an extremely conservative estimate of an average of two minutes per ticket to review and delete irrelevant, confidential, or other sensitive information, reviewing each of the 431,000 tickets would require approximately 14,350 hours, or almost 600 full days of manpower. 10. If we were to print each of the 431,000 tickets and manually redact irrelevant, confidential, or otherwise sensitive information, there would be no way to analyze intact metadata. If redactions were performed electronically, there would be no way to avoid altering the metadata, which I understand Mr. Perez wishes to review in unaltered form. 11. In light of the foregoing, I do not believe it is practically possible to make a copy of Software-related data from which all irrelevant, confidential, and sensitive data has been redacted. 12. Some measure of protection of the data could be assured if Mr. Perez were not provided an unrestricted copy of the database, but instead obtained read-only access through a third-party vendor. If read-only access were provided, the data (including all associated metadata) could be fully reviewed, without alteration, by Mr. Perez. This would, however, also include data of Group clients who purchased licenses for their own use of ConnectWise. 4 FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022 13. A copy of the email from a ConnectWise representative to Group is attached hereto as Exhibit A. In the email, ConnectWise describes two options (including pricing) that would permit Mr. Perez read-only access to the ConnectWise database. Dated: April 22, 2016 Chris Repetti Subscribed and sworn to 2 nd day of April, 2016. VALIRIE E SHIELDS Notary Publlc • State of New York No. 01SH8284607 Quallfl In Suffolk County on Expires: (R l l7 ( "2,-011--- My Comml8slon Explr June 17, 201? 5 FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022 EXHIBIT A FILED: SUFFOLK COUNTY CLERK 12/23/2022 02:50 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 513 RECEIVED NYSCEF: 12/23/2022 From: ConnectWise Technical Support Sent: Tuesday, December 1, 2015 3:29 PM To: Joseph Cassano Subject: Ticket#7209277/TotalComputer/SERVER>2015.5> SQL Database Access in read-only format -- has been updated --REPLY above this line to respond-- This ticket has been updated by Jake Alty Thanks Joe. To recap the available options, Option 1: Create a Test Server which will provide access to only the application for the user. It is a one time fee of $895 and a monthly support fee of $90. That will need to have a SQL Standard edition or higher to work properly and will contain 3 User licenses to the application. We would restore your production database over to this one and provide you an alternative company ID to log in with. From there, you could restrict the user(s) to a security role of read only access. This would act as a standalone instance and they would download the ConnectWise client and login with those credentials externally. Option 2: Create a test server and install SQL Express. As long as your database remains under 10 GB express (which is free) will be sufficient. If you want to provide us the SQL .iso file, we can do the installation and configure the SQL Login with read only access to the database for $299. From there, we can restore the database over for $150. This would be SQL only access. They would need RDP access given to them to connect to the database from the server or the test server can be exposed externally over a specific port and they would connect using SSMS or Excel from their workstation. As this would be a one time setup, there would not be any recurring maintenance fee. Let me know if you have any other questions. Thanks again. Sincerely, Jake Alty T3 Engineer