On October 04, 2013 a
No Value
was filed
involving a dispute between
Albert Perez
Individually And Derivatively On Behalf Of Total Computer Software Llc,
and
John Doe Corporation,
Total Computer Group, Llc,
Total Computers, Ltd.,
Total Computer Software Llc,
Total Computer Systems, Ltd.
D B A Total Computer Group,
Vincent Tedesco,
for Commercial Division
in the District Court of Suffolk County.
Preview
INDEX NO. 063193/2013
NYSCEF DOC. NO. 153 RECEIVED NYSCEF 09/06/2016
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
eee
ween en nee ene nee eee ene n en en nnn nenen
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 -
eS Skseketicaeneberreneneremnanennennaaammneaea,
TOTAL COMPUTER SOFTWARE, LLC,
- Third Party Plaintiff-
-against -
ALBERT PEREZ,
- Third Party Defendant -
= eS RITE
AFFIDAVIT OF VINCENT TEDESCO
IN OPPOSITION TO MOTION TO QUASH SUBPOENA
STATE OF NEW YORK )
) Ss:
COUNTY OF SUFFOLK )
VINCENT TEDESCO, being duly sworn, deposes and says:
1 Iam a Defendant in the above-captioned matter. I have personal knowledge of the
matters stated herein.
1 of 3
2 According to its website, Geneva Consulting Group (“Geneva”) is a technology staffing
company in Port Washington, New York. Upon information and belief, Laura Torrillo
McEnaney is Geneva’s CEO and part owner.
3 On or about May 23, 2016, I learned that Geneva posted on the internet a job listing
announcing “Senior Network Engineer jobs” at Geneva, which specifically stated “Familiar with
Nassau County Network a plus.” The posting I saw via the website www.dice.com was dated
May 6, 2016. A screenshot of the posting is attached hereto as Exhibit 1. (The screenshot does
not include the full text because it captured only a summary.) When I later tried to find the
posting on the internet, I discovered that it had been changed or removed.
4 Also on or about May 23, 2016, I learned that Geneva had apparently participated in or
been invited to participate in at least one conference for potential vendors, via an online search
that returned a sign-in sheet dated September 15, 2015 for a Pre-Proposal Conference.” A copy
of the sign-in sheet is attached hereto as Exhibit 2 (Geneva and Laura Torrillo are listed on the
third page). I believe the sign-in sheet relates to potential contracts with Nassau County, because
the document was found within the nassaucountyny.gov website and is among other documents
related to projects and bid proposals for Nassau County. Geneva appeared on the sign-in sheet as
a company participating in the conference, and Laura Torrillo’s name appeared on the sheet on
behalf of Geneva Consulting.
5 Since November 2015, Plaintiff/Third-Party Defendant Al Perez (“Perez”) has been
represented by Timothy McEnaney (“McEnaney”), who I understand to be the husband of Laura
Torrillo McEnaney.
6 I have also seen on the internet via a Google search conducted on May 25, 2016 that Mr.
McEnaney has held himself out as the General Counsel of Geneva (although online references to
2 of 3
this position were recently deleted). A copy of the first page of the Google search, showing
cached information in Mr. McEnaney’s LinkedIn profile, including “General Counsel to Geneva
Consulting Group, Inc.,” is attached hereto as Exhibit 3.
7 I understand that Perez is employed by Nassau County as Deputy Commissioner of
Information Technology, and he has testified that his responsibilities include reviewing RFP’s
(Requests for Proposals) for Nassau County. He therefore has involvement in Nassau County’s
RFP process.
8 Based on the research described above, I have reason to believe that, since Mr.
McEnaney has appeared in this action as counsel for Perez, Mr. McEnaney’s wife’s company has
sought, and possibly secured, business from Nassau County, Perez’s employer. I believe that
such an arrangement likely explains the scorched earth approach Mr. McEnaney has taken to this
case, which approach is entirely disproportionate to the dollar amount at issue.
Subscribed and swo
uA:
to ——
a
before me this_2
a
September, 2016
jay of
he
Vincent Tedesco
otary Publ
UC 8 Ose eooO
NOTARY
IFIED IN quem YORK
ION EXPIRES 1/20/2080
3 of 3
Preview
INDEX NO. 063193/2013 NYSCEF DOC. NO. 153 RECEIVED NYSCEF 09/06/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK eee ween en nee ene nee eee ene n en en nnn nenen 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 - eS Skseketicaeneberreneneremnanennennaaammneaea, TOTAL COMPUTER SOFTWARE, LLC, - Third Party Plaintiff- -against - ALBERT PEREZ, - Third Party Defendant - = eS RITE AFFIDAVIT OF VINCENT TEDESCO IN OPPOSITION TO MOTION TO QUASH SUBPOENA STATE OF NEW YORK ) ) Ss: COUNTY OF SUFFOLK ) VINCENT TEDESCO, being duly sworn, deposes and says: 1 Iam a Defendant in the above-captioned matter. I have personal knowledge of the matters stated herein. 1 of 3 2 According to its website, Geneva Consulting Group (“Geneva”) is a technology staffing company in Port Washington, New York. Upon information and belief, Laura Torrillo McEnaney is Geneva’s CEO and part owner. 3 On or about May 23, 2016, I learned that Geneva posted on the internet a job listing announcing “Senior Network Engineer jobs” at Geneva, which specifically stated “Familiar with Nassau County Network a plus.” The posting I saw via the website www.dice.com was dated May 6, 2016. A screenshot of the posting is attached hereto as Exhibit 1. (The screenshot does not include the full text because it captured only a summary.) When I later tried to find the posting on the internet, I discovered that it had been changed or removed. 4 Also on or about May 23, 2016, I learned that Geneva had apparently participated in or been invited to participate in at least one conference for potential vendors, via an online search that returned a sign-in sheet dated September 15, 2015 for a Pre-Proposal Conference.” A copy of the sign-in sheet is attached hereto as Exhibit 2 (Geneva and Laura Torrillo are listed on the third page). I believe the sign-in sheet relates to potential contracts with Nassau County, because the document was found within the nassaucountyny.gov website and is among other documents related to projects and bid proposals for Nassau County. Geneva appeared on the sign-in sheet as a company participating in the conference, and Laura Torrillo’s name appeared on the sheet on behalf of Geneva Consulting. 5 Since November 2015, Plaintiff/Third-Party Defendant Al Perez (“Perez”) has been represented by Timothy McEnaney (“McEnaney”), who I understand to be the husband of Laura Torrillo McEnaney. 6 I have also seen on the internet via a Google search conducted on May 25, 2016 that Mr. McEnaney has held himself out as the General Counsel of Geneva (although online references to 2 of 3 this position were recently deleted). A copy of the first page of the Google search, showing cached information in Mr. McEnaney’s LinkedIn profile, including “General Counsel to Geneva Consulting Group, Inc.,” is attached hereto as Exhibit 3. 7 I understand that Perez is employed by Nassau County as Deputy Commissioner of Information Technology, and he has testified that his responsibilities include reviewing RFP’s (Requests for Proposals) for Nassau County. He therefore has involvement in Nassau County’s RFP process. 8 Based on the research described above, I have reason to believe that, since Mr. McEnaney has appeared in this action as counsel for Perez, Mr. McEnaney’s wife’s company has sought, and possibly secured, business from Nassau County, Perez’s employer. I believe that such an arrangement likely explains the scorched earth approach Mr. McEnaney has taken to this case, which approach is entirely disproportionate to the dollar amount at issue. Subscribed and swo uA: to —— a before me this_2 a September, 2016 jay of he Vincent Tedesco otary Publ UC 8 Ose eooO NOTARY IFIED IN quem YORK ION EXPIRES 1/20/2080 3 of 3