On May 12, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
State Farm Fire And Casualty Company,
and
Dhd Medical, P.C.,
Garthon Prendergast,
Interdependent Acupuncture Pllc,
Ketan D. Vora, Do, P.C.,
Marvin Moy, M.D.,
New York-Presbyterian Medical Group Queens,
New York-Presbyterian Queens Hospital,
New York-Presbyterian Queens Hospital
Dba Nyh Med Center Of Queens,
Nexray Medical Imaging, P.C.,
Queens Emergency Medical Associates, Pllc,
Richard M. Seldes, M.D., P.C.,
Rutland Medical P.C.,
Tmvqs Corp.
Dba Trinity Pharmacy,
Universal Brace Support Inc,
for Commercial - Insurance
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 08/09/2022 10:28 AM INDEX NO. 154130/2022
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/09/2022
EXHIBIT “F”
FILED: NEW YORK COUNTY CLERK 08/09/2022 10:28 AM INDEX NO. 154130/2022
NYSCEF DOC. NO. 30 RECEIVED
a=°"==5° NYSCEF: 08/09/2022
9620220722=
Department of Defense Manpower Data Center
SCRAS.t4
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN:
Birth Date:
Last Name: PRENDERGAST
First Name: GARTHON
Middle Name:
Status As Of: Aug-01-2022
Certificate ID: 4LRVN2W9ZJ60T4W
OnActiveDutyOnAceveDutyStatusDate
ActiveDutyStanDate ActveDutyEndDete Status Component
Service
NA
reflectstheirdsviduals'
TNsresponse activedutystatusbasedonIt·eActiveDutyStatusDate
LenActiveDutyWdhn367DaysofActiveDutyStatusDate
ActiveDutyStartDate AceveDutyEndDate Status ServesComponent
NA NA No NA
wheretheindividual
reflects
Tnisresponse theActiveDutyStatusDate
leftactuedutystatuswithin367dayspreceding
toAcbveDutyonActiveDutyStatusDate
or He/HerUrdtWasNotifiedofa FutureCag-Up
TheMornber
OrderNodficeton
StartDate OrderNotiGcotton
ErdDate Status Compcnent
Service
NA NA No NA
whether
re5ects
Theresponse theindividual toreportforactiveduty
earignotificaton
orhis/herunithasreceived
status of
Upon searching the data banks of the Departrnent of Defense ManpoWer Data Center. based on the information that you provided, the abDve is the
MarineCorps,Air NOAA,
Force, Public and
Health,
the individual Do the active duty status date as to all branches of the Uniformed Services (Army, Navy,
on
information a Servicememberorhis/her
unt of
notificationfuture to
orders for
repDrt Duty.
Active
Coast Guard).This status includes receiving
HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO, NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA93955
FILED: NEW YORK COUNTY CLERK 08/09/2022 10:28 AM INDEX NO. 154130/2022
NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/09/2022
(DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility
The Defense Manpower Data Center
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as
The DoD strongly supports the enforcement of the Servicemembers
Soldiers' Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
the and
duty"
responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
individual is currently on active
member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact
If you have evidence the person
information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs.
was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
Active
(1) The individuars Active Duty status on the Active Duty Status Date (2) Whether the individual left
This response reflects the following information:
status 367
within days theActive
Duty Status
Date Whether
(3) the or
individual unit
his/her received notification
early toreport for active
Duty preceding
duty on the Active Duty Status Date.
Status"
More information on "ACtive Duty
Prior to 2010 only some of the active duty periods less
Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1).
In the case of a member of the National Guard, this includes service under a call to active service
than 30 consecutive days in length were available.
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the
All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
President and supported by Federal funds.
of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
This includes Navy Training and Administration
unit they support.
Program Administrator
(RPAs).Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
(NOAA Commissioned
Public Health Service or the National Oceanic and Atmospheric Administration Corps).
Coverage Under the SCRA is Broader in Some Cases
Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be
SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
reported as on Active Duty under this certificate.
Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1).
protections. Persons seeking to rely on this website
Many times orders are amended to extend the period of active duty, which would extend SCRA
basedhave not
certification should check to make sure the orders on which SCRA protections arebeen amended to extend the inclusive dates of service.
the
of
Furthermore, some protections SCRA may extendtopersonswho havereceivedorders
to for active duty or to be inducted, but who have not
report
begunactive or reported
actually for
induction.
The LastDateon Active
Dutyentryis because a number of protections of the SCRA
important
actually duty
extend beyond the last dates of active duty.
under the SCRA
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members
are protected
WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester.
Providing
erroneous information will cause an erroneous certificate to be provided.
Document Filed Date
August 09, 2022
Case Filing Date
May 12, 2022
Category
Commercial - Insurance
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Preview
FILED: NEW YORK COUNTY CLERK 08/09/2022 10:28 AM INDEX NO. 154130/2022 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/09/2022 EXHIBIT “F” FILED: NEW YORK COUNTY CLERK 08/09/2022 10:28 AM INDEX NO. 154130/2022 NYSCEF DOC. NO. 30 RECEIVED a=°"==5° NYSCEF: 08/09/2022 9620220722= Department of Defense Manpower Data Center SCRAS.t4 Status Report Pursuant to Servicemembers Civil Relief Act SSN: Birth Date: Last Name: PRENDERGAST First Name: GARTHON Middle Name: Status As Of: Aug-01-2022 Certificate ID: 4LRVN2W9ZJ60T4W OnActiveDutyOnAceveDutyStatusDate ActiveDutyStanDate ActveDutyEndDete Status Component Service NA reflectstheirdsviduals' TNsresponse activedutystatusbasedonIt·eActiveDutyStatusDate LenActiveDutyWdhn367DaysofActiveDutyStatusDate ActiveDutyStartDate AceveDutyEndDate Status ServesComponent NA NA No NA wheretheindividual reflects Tnisresponse theActiveDutyStatusDate leftactuedutystatuswithin367dayspreceding toAcbveDutyonActiveDutyStatusDate or He/HerUrdtWasNotifiedofa FutureCag-Up TheMornber OrderNodficeton StartDate OrderNotiGcotton ErdDate Status Compcnent Service NA NA No NA whether re5ects Theresponse theindividual toreportforactiveduty earignotificaton orhis/herunithasreceived status of Upon searching the data banks of the Departrnent of Defense ManpoWer Data Center. based on the information that you provided, the abDve is the MarineCorps,Air NOAA, Force, Public and Health, the individual Do the active duty status date as to all branches of the Uniformed Services (Army, Navy, on information a Servicememberorhis/her unt of notificationfuture to orders for repDrt Duty. Active Coast Guard).This status includes receiving HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO, NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA93955 FILED: NEW YORK COUNTY CLERK 08/09/2022 10:28 AM INDEX NO. 154130/2022 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 08/09/2022 (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Eligibility The Defense Manpower Data Center Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as The DoD strongly supports the enforcement of the Servicemembers Soldiers' Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the the and duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family individual is currently on active member, friend, or representative asserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service. Service contact If you have evidence the person information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). Active (1) The individuars Active Duty status on the Active Duty Status Date (2) Whether the individual left This response reflects the following information: status 367 within days theActive Duty Status Date Whether (3) the or individual unit his/her received notification early toreport for active Duty preceding duty on the Active Duty Status Date. Status" More information on "ACtive Duty Prior to 2010 only some of the active duty periods less Active duty status as reported in this certificate is defined in accordance with 10 USC § 101(d) (1). In the case of a member of the National Guard, this includes service under a call to active service than 30 consecutive days in length were available. authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of responding to a national emergency declared by the All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the President and supported by Federal funds. of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve This includes Navy Training and Administration unit they support. Program Administrator (RPAs).Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. (NOAA Commissioned Public Health Service or the National Oceanic and Atmospheric Administration Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. reported as on Active Duty under this certificate. Title 32 periods of Active Duty are not covered by SCRA, as defined in accordance with 10 USC § 101(d)(1). protections. Persons seeking to rely on this website Many times orders are amended to extend the period of active duty, which would extend SCRA basedhave not certification should check to make sure the orders on which SCRA protections arebeen amended to extend the inclusive dates of service. the of Furthermore, some protections SCRA may extendtopersonswho havereceivedorders to for active duty or to be inducted, but who have not report begunactive or reported actually for induction. The LastDateon Active Dutyentryis because a number of protections of the SCRA important actually duty extend beyond the last dates of active duty. under the SCRA Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members are protected WARNING: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided.