Preview
FILED: SUFFOLK COUNTY CLERK 02/20/2023 09:51 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 570 RECEIVED NYSCEF: 02/20/2023
Exhibit W
FILED: SUFFOLK COUNTY CLERK 02/20/2023 09:51 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 570 RECEIVED NYSCEF: 02/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-----------------------------------------------------------------Ç
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 Plaintiff -
Party
-against -
ALBERT PEREZ,
- Third Defendant -
Party
------------------------------------------------------..-------Ç
AFFIDAVIT OF MARK WITTICH
STATE OF NEW YORK )
) ss:
COUNTY OF SUFFOLK )
MARK WITTICH, being duly sworn, deposes and says:
1. I am the former bookkeeper and personal assistant of Albert Perez
("Perez") and his company, LANPro, Inc. ("LANPro"). I have personal knowledge of
the matters stated herein.
FILED: SUFFOLK COUNTY CLERK 02/20/2023 09:51 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 570 RECEIVED NYSCEF: 02/20/2023
2. I first met Perez while I was employed by the Freeport Police Department,
and Perez had responsibility for maintaining their computer network. Following my
retirement from the Freeport Police Department, Perez offered me and I accepted the
position of Perez's personal assistant and bookkeeper. I began working for Perez on a
part-time basis (approximately 20 hours per week) in February 2003. I stopped working
for Perez in 2012, when Total Computer Software, LLC's ("Software") main asset was
sold to Tiburon, Inc. ("Tiburon").
LANPro and Perez's Debt
3. At the time I began working for Perez, LANPro's offices were located in
the office space of Total Computer Systems Ltd. d/b/a Total Computer Group ("Group").
Software also operated in the same offices.
4. My duties for Perez entailed maintaining the books and records of Perez's
business, LANPro, as well as Perez's personal financial records. My responsibilities
included writing personal and business checks for expenses and balancing Perez's
personal and business checkbooks. My responsibilities also included paying bills for
Perez, including personal and business-related credit card expenses. To my knowledge,
Perez did not pay any such bills on his own (without my assistance).
5. Based on the records that I reviewed and maintained as part of my
responsibilities, I observed that LANPro overall was not a financially successful
company. Over the course of the company's existence, I believe it generated little or no
profit, and in the time that I served as its bookkeeper, it increasingly had just enough
income and cash-on-hand to pay ongoing expenses.
2
FILED: SUFFOLK COUNTY CLERK 02/20/2023 09:51 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 570 RECEIVED NYSCEF: 02/20/2023
6. Perez carried significant debt from the operation of LANPro. This
included credit card debt (on Discover, Visa, and American Express cards) and a business
loan owed by Perez to Bank of America.
7. When I was working for Perez, he initially paid only the accrued interest
on his Bank of America loan (i.e., no repayment of principal). To the best of my
recollection, there came a point when Perez was required to repay the entirety of the
Bank of America loan, after which Vincent Tedesco ("Tedesco") or Software increased
the funds provided to Perez for his personal and business financial obligations.
LANPro and Software
8. When I first began working for Perez, LANPro was paying rent monthly
to Group for office space and shared administrative expenses. There came a point when
LANPro and Perez did not have the funds available to continue paying rent, and no
further rent payments were made.
9. Perez did not accumulate credit card debt that is attributable to Software. I
had a system in place with Joseph Cassano ("Cassano"), Software's controller, with
regard to payment of Perez's American Express (the credit card Perez utilized for his
day-to-day expenses) charges that were incurred on behalf of or for the benefit of
Software. Each month, I provided Cassano a copy of Perez's credit card bill for that
month, identifying all charges incurred in connection with Software business, and
Software would directly remit payment to American Expense for any Software-related
travel or business expenses. Any other balance on the American Express card was
Perez's personal or LANPro's responsibility.
3
FILED: SUFFOLK COUNTY CLERK 02/20/2023 09:51 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 570 RECEIVED NYSCEF: 02/20/2023
10. I do not recall LANPro ever making any loans to either Software or
Group. To the best of my recollection, the only checks written on a LANPro account that
were payable to Group or Software were for the rent payments, during the early period
when LANPro was still paying rent.
11. I am aware of Group and/or Software making loans to, or paying expenses
on behalf of, LANPro. For example, when one of LANPro's employees, Mike Riebman,
left LANPro, he was owed wages by LANPro. Group or Software paid these outstanding
wages to Mr. Riebman, as LANPro did not have the funds to do so.
12. I regularly submitted to Cassano requests that payments be made in
respect of Perez's personal or LANPro expenses. Examples of emails from me to
Cassano requesting funds for Perez and/or LANPro, and invoices that were generated to
Software from LANPro in those amounts, are attached hereto as Exhibit A. Software
generally cut checks to Perez or LANPro in the requested amounts.
Issues with Perez and Software Customers
13. I am aware that certain customers of Software were not willing to work
with Perez. For example, there came a point in time when I learned that my former
employer, Freeport Police Department ("Freeport"), which was a customer of Software,
no longer wanted to work directly with Perez. In order to maintain the relationship
between Freeport and Software, I became the contact on behalf of Software.
My Work with Software and Group
14. Over the years of my work for Perez, I assisted with projects for Software
and Group from time to time. I recall that these projects were a small part of my
responsibilities, and they did not take up significant time.
4
FILED: SUFFOLK COUNTY CLERK 02/20/2023 09:51 PM INDEX NO. 063193/2013
NYSCEF DOC. NO. 570 RECEIVED NYSCEF: 02/20/2023
15. With respect to Software, I can recall being involved with occasional
testing of Total Enforcement, the software product that was Software's principal offering.
This testing involved working with the program and identifying difficulties in using the
program. I was also involved with manual entry of information concerning relevant laws
into the Total Enforcement system. I cannot recall any other tasks I performed for
Software, other than the interfacing role I played for Freeport Police Department.
16. When Perez closed LANPro, there was a project outstanding for Nassau
County Police Department that involved converting a manual from WordPerfect to Word.
I had been working on this project under LANPro, but I finished the project for Software,
which assumed the project after LANPro folded. I also worked on a similar project for
Old Brookville Police Department.
My Current Employment Status
17. I stopped working for Perez after the Tiburon sale in 2012. Since
September 2012, I have worked part-time as a quality assurance engineer for Tiburon
(and then Tri-Tech Communications, following its acquisition of Tiburon).
Subscribed and sworn to
before me s day of July, 2016 MARK TTICH
y Co m ssion Expires .
Notary - State of
Pubile New York
No.01SH6284507
Qualified in Suffolk
County
My Commission Expires June 17, 2017
5
Preview
FILED: SUFFOLK COUNTY CLERK 02/20/2023 09:51 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 570 RECEIVED NYSCEF: 02/20/2023 Exhibit W FILED: SUFFOLK COUNTY CLERK 02/20/2023 09:51 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 570 RECEIVED NYSCEF: 02/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -----------------------------------------------------------------Ç 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 Plaintiff - Party -against - ALBERT PEREZ, - Third Defendant - Party ------------------------------------------------------..-------Ç AFFIDAVIT OF MARK WITTICH STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) MARK WITTICH, being duly sworn, deposes and says: 1. I am the former bookkeeper and personal assistant of Albert Perez ("Perez") and his company, LANPro, Inc. ("LANPro"). I have personal knowledge of the matters stated herein. FILED: SUFFOLK COUNTY CLERK 02/20/2023 09:51 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 570 RECEIVED NYSCEF: 02/20/2023 2. I first met Perez while I was employed by the Freeport Police Department, and Perez had responsibility for maintaining their computer network. Following my retirement from the Freeport Police Department, Perez offered me and I accepted the position of Perez's personal assistant and bookkeeper. I began working for Perez on a part-time basis (approximately 20 hours per week) in February 2003. I stopped working for Perez in 2012, when Total Computer Software, LLC's ("Software") main asset was sold to Tiburon, Inc. ("Tiburon"). LANPro and Perez's Debt 3. At the time I began working for Perez, LANPro's offices were located in the office space of Total Computer Systems Ltd. d/b/a Total Computer Group ("Group"). Software also operated in the same offices. 4. My duties for Perez entailed maintaining the books and records of Perez's business, LANPro, as well as Perez's personal financial records. My responsibilities included writing personal and business checks for expenses and balancing Perez's personal and business checkbooks. My responsibilities also included paying bills for Perez, including personal and business-related credit card expenses. To my knowledge, Perez did not pay any such bills on his own (without my assistance). 5. Based on the records that I reviewed and maintained as part of my responsibilities, I observed that LANPro overall was not a financially successful company. Over the course of the company's existence, I believe it generated little or no profit, and in the time that I served as its bookkeeper, it increasingly had just enough income and cash-on-hand to pay ongoing expenses. 2 FILED: SUFFOLK COUNTY CLERK 02/20/2023 09:51 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 570 RECEIVED NYSCEF: 02/20/2023 6. Perez carried significant debt from the operation of LANPro. This included credit card debt (on Discover, Visa, and American Express cards) and a business loan owed by Perez to Bank of America. 7. When I was working for Perez, he initially paid only the accrued interest on his Bank of America loan (i.e., no repayment of principal). To the best of my recollection, there came a point when Perez was required to repay the entirety of the Bank of America loan, after which Vincent Tedesco ("Tedesco") or Software increased the funds provided to Perez for his personal and business financial obligations. LANPro and Software 8. When I first began working for Perez, LANPro was paying rent monthly to Group for office space and shared administrative expenses. There came a point when LANPro and Perez did not have the funds available to continue paying rent, and no further rent payments were made. 9. Perez did not accumulate credit card debt that is attributable to Software. I had a system in place with Joseph Cassano ("Cassano"), Software's controller, with regard to payment of Perez's American Express (the credit card Perez utilized for his day-to-day expenses) charges that were incurred on behalf of or for the benefit of Software. Each month, I provided Cassano a copy of Perez's credit card bill for that month, identifying all charges incurred in connection with Software business, and Software would directly remit payment to American Expense for any Software-related travel or business expenses. Any other balance on the American Express card was Perez's personal or LANPro's responsibility. 3 FILED: SUFFOLK COUNTY CLERK 02/20/2023 09:51 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 570 RECEIVED NYSCEF: 02/20/2023 10. I do not recall LANPro ever making any loans to either Software or Group. To the best of my recollection, the only checks written on a LANPro account that were payable to Group or Software were for the rent payments, during the early period when LANPro was still paying rent. 11. I am aware of Group and/or Software making loans to, or paying expenses on behalf of, LANPro. For example, when one of LANPro's employees, Mike Riebman, left LANPro, he was owed wages by LANPro. Group or Software paid these outstanding wages to Mr. Riebman, as LANPro did not have the funds to do so. 12. I regularly submitted to Cassano requests that payments be made in respect of Perez's personal or LANPro expenses. Examples of emails from me to Cassano requesting funds for Perez and/or LANPro, and invoices that were generated to Software from LANPro in those amounts, are attached hereto as Exhibit A. Software generally cut checks to Perez or LANPro in the requested amounts. Issues with Perez and Software Customers 13. I am aware that certain customers of Software were not willing to work with Perez. For example, there came a point in time when I learned that my former employer, Freeport Police Department ("Freeport"), which was a customer of Software, no longer wanted to work directly with Perez. In order to maintain the relationship between Freeport and Software, I became the contact on behalf of Software. My Work with Software and Group 14. Over the years of my work for Perez, I assisted with projects for Software and Group from time to time. I recall that these projects were a small part of my responsibilities, and they did not take up significant time. 4 FILED: SUFFOLK COUNTY CLERK 02/20/2023 09:51 PM INDEX NO. 063193/2013 NYSCEF DOC. NO. 570 RECEIVED NYSCEF: 02/20/2023 15. With respect to Software, I can recall being involved with occasional testing of Total Enforcement, the software product that was Software's principal offering. This testing involved working with the program and identifying difficulties in using the program. I was also involved with manual entry of information concerning relevant laws into the Total Enforcement system. I cannot recall any other tasks I performed for Software, other than the interfacing role I played for Freeport Police Department. 16. When Perez closed LANPro, there was a project outstanding for Nassau County Police Department that involved converting a manual from WordPerfect to Word. I had been working on this project under LANPro, but I finished the project for Software, which assumed the project after LANPro folded. I also worked on a similar project for Old Brookville Police Department. My Current Employment Status 17. I stopped working for Perez after the Tiburon sale in 2012. Since September 2012, I have worked part-time as a quality assurance engineer for Tiburon (and then Tri-Tech Communications, following its acquisition of Tiburon). Subscribed and sworn to before me s day of July, 2016 MARK TTICH y Co m ssion Expires . Notary - State of Pubile New York No.01SH6284507 Qualified in Suffolk County My Commission Expires June 17, 2017 5