Preview
FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022
EXHIBIT E
AFFIDAVIT
IN
SUPPORT
FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
Hyundai Capital America, Inc. d/b/a Kia Motors Affidavit in Support of an Order to
Finance Show Cause and Temporary
Restraining Order and Pursuant to
Plaintiff(s), §202.07 of the Uniform Civil Rules
for the Supreme Court and County
-against- Courts
LUZAYNE PENA Index Number:
Defendant(s).
The basis of venue is the Defendant's
residence.
I,the undersigned, being duly sworn deposes and says:
1. I am Gabriel Ulate, the Collections Manager, for Hyundai Capital America, Inc.
d/b/a Kia Motors Finance.
2. I am fully familiar with the record keeping practices and procedures of the Hyundai
Capital America, Inc. d/b/a Kia Motors Finance. The business records that I have reviewed
were made in the ordinary course of business and kept in accordance with the record
keeping practices and procedures of Hyundai Capital America, Inc. d/b/a Kia Motors
Finance. I have personally reviewed the business records of Hyundai Capital America, Inc.
d/b/a Kia Motors Finance. for the property: 2018 ACURA MDX, (V.I.N. Number:
5J8YD4H34JL014398). The records that I personally reviewed were, including but not
limited to, the books, files, electronic data, emails, reports, data compilation, memorandum,
or other written, printed, or electronic records of any act, transaction, occurrence or event,
made in the regular course of business and that itwas the regular course of such business
that these record be made, at the time of the act, transaction, occurrence or event, or within
a reasonable time thereafter and can therefore state based upon my personal knowledge
from reviewing the same that:
3. This Affidavit is in support of a motion for an Order directing Defendants to show
cause why an Order of Seizure should not be made and entered herein, pursuant to N.Y.
C.P.L.R 7102, directing the Sheriff of BRONX County or any other County where the
property is found to seize a certain chattel hereafter described and presently believed to be
in the possession of Defendant(s) (hereinafter "Defendant") and pursuant to Rule 202.07(f)
of the Uniform Civil Rules for the Supreme and County Courts.
4. The Order of Seizure is sought pending the outcome of this lawsuit and further
directing the Defendants and all persons acting in concert with them be restrained and
FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022
enjoined from removing, transferring, dismantling, selling, using, concealing, hiding,
pledging or otherwise disposing of the chattel as set forth in the Verified Complaint, in any
manner inconsistent with Plaintiff's interest therein.
5. Plaintiff was and is entitled to the immediate possession of the following described
property: 2018 ACURA MDX, (V.I.N. Number: 5J8YD4H34JL014398) (hereinafter
"Collateral"), by virtue of a special property interest arising by reason of the following facts,
viz:
a. On June 12, 2021, the Defendant(s) executed in favor of and delivered to
Bronx Kia (hereinafter "Dealer") a certain Retail Installment Contract
(hereinafter "Contract") for the purchase of the Collateral and the granting of
a purchase money security interest therein to secure the payment of the sum
of $40,468.02, payable with interest at the rate of 8.25% per annum, in equal
monthly installments of $702.86 each, the first to be paid on July 27, 2021,
and one (1) installment due on the same date of each successive month
thereafter until paid in full. A true and accurate copy of the Contract is
"A"
annexed hereto as Exhibit and made part hereof,
b. Thereafter, the aforesaid Contract pursuant to its terms was duly assigned by
the Dealer to the Plaintiff herein for good and valuable consideration, and the
Plaintiff is now the holder of the Contract. Plaintiffs security interest in the
Collateral is reflected on the records of the Department of Motor Vehicles,
State of New York. A true and accurate copy of the electronic certificate of
"B"
titleisannexed hereto as Exhibit and made part hereof
c. The aforesaid Contract is now in default and payments past due from the
month of September 27, 2021, in the sum of $702.86 each, plus contractual late
charges thereon, have not been paid pursuant to the terms of said Contract, and
the Plaintiff has elected to declare the entire balance on said Contract due in
accordance with the terms thereof, and has duly demanded the contract
balance or possession of the Collateral fi·om the Defendant(s). A true and
accurate copy of the demand letter forwarded to Defendant(s) is/are annexed
"C"
hereto as Exhibit and made part hereof. Although duly demanded,
Defendant(s) has failed, neglected and refused to pay the net balance due on
said Contract which as the date of this Verified Complaint, was in the amount
of $40,468.02 or return the Collateral and, accordingly, Plaintiff is now entitled
FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022
to immediate possession of the Collateral or payment of the entire balance due.
HOWEVER, IN THE EVENT A BANKRUPTCY WAS FILED AND
THE BORROWER RECEIVED A DISCHARGE OR THE DEBT HAS
OTHERWISE BEEN DISPOSED OF IN THE BANKRUPTCY
PROCEEDING YOU HAVE NO PERSONAL LIABILITY TO PAY
ANY AMOUNTS DUE IN RELATION WITH THIS LOAN AND THIS
ACTION IS SOLELY AN ACTION TO REPOSSESSION THE
COLLATERAL.
7. Upon information and belief, Defendant(s) is/are in wrongful possession of the
Collateral.
8. Prior to commencement of this action the Plaintiff duly demanded possession of the
Collateral from Defendant(s) has/have failed, refused and neglected to deliver same to
Plaintiff. A true and accurate copy of the demand letter forwarded to Defendant(s) is
"C"
annexed to the Verified Complaint as Exhibit and incorporated herein by reference.
9. Upon information and belief. The Collateral has not been taken by virtue of a
warrant against the Plaintiff for a collection of a tax assessment or fine issued pursuant to
statute of the State of New York and the United States.
10. The Collateral has not been seized by virtue of a warrant of attachment or execution
against the property of the Plaintiff for any person from or through whom Plaintiff has title
to said Collateral or any part thereof,
11. The estimated value of the Collateral does not exceed the sum of 28,000.00.
12. Pursuant to N.Y. C.P.L.R. 7102(e), a copy of an undertaking in the amount
of 56,000.00 isannexed hereto.
13. The Summons and Verified Complaint have not yet been served on Defendants and
the Order to Show Cause sought herein is made to accompany the service of the Summons
and Verified Complaint.
14. This Affidavit is in support of an application for an Order directing the Defendants to
show cause before this Court why the aforesaid Collateral should not be seized, pursuant to
N.Y. C.P.L.R. 7102, by the Sheriff of BRONX County or any other county where the Collateral
FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022
listed in this Affidavit is found, and the Order to Show Cause is sought 'Demise Plaintiff
believes itis likely that Defendants will seek to dispose of Plaintiffs Collateral ifnot prevented
from doing so by this Court. The last known address of the Defendant(s) is/are: 2305
UNIVERSITY AVE APT 2A, BRONX, NY, 10468.
15. The Plaintiff seeks a Temporary Restraining Order herein because the Collateral
sought to be seized in this action, is by itsintrinsic nature, portable and subject to removal
from one location to another by any number of independent contractors or private
Defendants'
individuals. past course of conduct and/or refusal to surrender possession of the
Collateral, indicate that Plaintiff faces a substantial risk of removal and/or transfer of
Plaintiffs Collateral, and compels Plaintiff to seek a Temporary Restraining Order to
restrain Defendants from taking any further action to jeopardize Plaintiffs interest in the
Collateral and to permit the Court to set an early return date on the motion for an Order of
Seizure.
16. For these reasons, Plaintiff will suffer significant prejudice if prior notice of the
Temporary Restraining Order is given. This Court is asked to accept this Affidavit in lieu of
such notice in accordance with §202.07 of the Uniform Civil Rules for the Supreme and
County Courts.
17. It is requested that the Order to Show Cause, ifgranted, provide for personal or
substituted service upon Defendants.
18. No previous application has been made for the reliefsought herein.
19. The Plaintiff has notapplied for any other provisional remedy in this action.
20. The Plaintiff knows of no valid defense to itsclaim.
WHEREFORE, itis respectfully requested that the Court grant an Order of Seizure,
pursuant to N.Y. C.P.L.R. 7102 authorizing the Sheriff of BRONX County or any other
County where the Collateral may be located, to break and enter and to seize the Collateral
described above from the possession of Defendants, together with costs and disbursements of
this action, and for such other and further reliefas this Court deems just and proper.
FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022
The grounds of deponents belief as to all matters not stated upon deponents
knowledge are as follows: upon the books and records of said corporation.
Hyundai Capital America, Inc.d/b/a Kia Motors Finance
By: fabriel Ulate
Title: Special Collections Analyst
Acknowledgment by a Person Outside New York State
State of Texas )
)ss.:
County of Collins )
On the g# day of Auc a5t in the year 202 L before me, the undersigned,
personally appeared Gabriel ate, Special Collectiona Analyst, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is
(are) subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their/capacity (ies), that by his/her/their signature(s) on the instrument,
the individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument, and that such individual made such appearance before the undersigned in the
city of Plano located in the state of Texas (Insert the city or other political subdivision and
the state or country or other place the acknowledgment was taken),
Notary Public
SANTIAGO LOPEZ
JOSE of Texas
State
NotaryPublic,
10-20-2022
Comm. Expires
126307614)
Notary (D
FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022
CERTIFICATE OF CONFORMITY
STATE OF TEXAS )
COUNTY OF COLLINS )
That the undersigned does hereby certify that he/she is an attorney-at-law duly admitted to
practice in the State of Texas; that he/she is a person duly qualified to make this Certificate
of Conformity pursuant to N.Y. Real Property Law § 299-a; that he/she does hereby certify
that the acknowledgement attached hereto was made in the manner prescribed by the laws
of the State of Texas and thatthe form of acknowledgment conforms to the laws ofthe State
of Texas.
IN WITNESS WHEREOF, I have hereunto set my hand this day of f ,
2020.
By:
Name: 4.4, 4
Title:Attorn
FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E
NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022
SUPREME COURT
STATE OF NEW YORK, COUNTY OF BRONX Index Number
Hyundai CapitalAmerica, Inc.d/b/a Kia Motors Finance
Plaintiff(s),
-against-
LUZAYNE PENA, et al
Defendant(s).
Affidavitin Support of an Order to Show Cause and Temporary Restraining Order and Pursuantto
§202.07 of theUniform Civil Rules for theSupreme Court and County Courts and Emergency
Affirmation
Sheldon May & Associates,P.C.
Attorneys forPlaintiff
Office and Post OfficeAddress
255 Merrick Road
Rockville Centre,New York 11570
Telephone Number
(516) 763 - 3200
To:
Signaturepursu rule 1 .I-a
Print e: Ted EricMay, Esq.
Service of a copy ofthe
within is herebyadmitted.
Dated:
Attorney(s) for:
PLEASE TAKE NOTICE:
o NOTICE OF ENTRY
thatthe within true
is a (certified) copy ofa Duly entered in theofficeofthe clerkof the within
named courton ,200
o NOTICE OF SETTLEMENT
thatan order ofwhich thewithin is a true
copy willbe presented forsettlement to theHonorable one
of the judgesof the within
named court,at on 200 at .M.
Dated:
Yours, etc.
Sheldon May & Associates,P.C.
255 Merrick Road
Rockville Centre,New York 11570
763 - 3200
(516)
Preview
FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022 EXHIBIT E AFFIDAVIT IN SUPPORT FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Hyundai Capital America, Inc. d/b/a Kia Motors Affidavit in Support of an Order to Finance Show Cause and Temporary Restraining Order and Pursuant to Plaintiff(s), §202.07 of the Uniform Civil Rules for the Supreme Court and County -against- Courts LUZAYNE PENA Index Number: Defendant(s). The basis of venue is the Defendant's residence. I,the undersigned, being duly sworn deposes and says: 1. I am Gabriel Ulate, the Collections Manager, for Hyundai Capital America, Inc. d/b/a Kia Motors Finance. 2. I am fully familiar with the record keeping practices and procedures of the Hyundai Capital America, Inc. d/b/a Kia Motors Finance. The business records that I have reviewed were made in the ordinary course of business and kept in accordance with the record keeping practices and procedures of Hyundai Capital America, Inc. d/b/a Kia Motors Finance. I have personally reviewed the business records of Hyundai Capital America, Inc. d/b/a Kia Motors Finance. for the property: 2018 ACURA MDX, (V.I.N. Number: 5J8YD4H34JL014398). The records that I personally reviewed were, including but not limited to, the books, files, electronic data, emails, reports, data compilation, memorandum, or other written, printed, or electronic records of any act, transaction, occurrence or event, made in the regular course of business and that itwas the regular course of such business that these record be made, at the time of the act, transaction, occurrence or event, or within a reasonable time thereafter and can therefore state based upon my personal knowledge from reviewing the same that: 3. This Affidavit is in support of a motion for an Order directing Defendants to show cause why an Order of Seizure should not be made and entered herein, pursuant to N.Y. C.P.L.R 7102, directing the Sheriff of BRONX County or any other County where the property is found to seize a certain chattel hereafter described and presently believed to be in the possession of Defendant(s) (hereinafter "Defendant") and pursuant to Rule 202.07(f) of the Uniform Civil Rules for the Supreme and County Courts. 4. The Order of Seizure is sought pending the outcome of this lawsuit and further directing the Defendants and all persons acting in concert with them be restrained and FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022 enjoined from removing, transferring, dismantling, selling, using, concealing, hiding, pledging or otherwise disposing of the chattel as set forth in the Verified Complaint, in any manner inconsistent with Plaintiff's interest therein. 5. Plaintiff was and is entitled to the immediate possession of the following described property: 2018 ACURA MDX, (V.I.N. Number: 5J8YD4H34JL014398) (hereinafter "Collateral"), by virtue of a special property interest arising by reason of the following facts, viz: a. On June 12, 2021, the Defendant(s) executed in favor of and delivered to Bronx Kia (hereinafter "Dealer") a certain Retail Installment Contract (hereinafter "Contract") for the purchase of the Collateral and the granting of a purchase money security interest therein to secure the payment of the sum of $40,468.02, payable with interest at the rate of 8.25% per annum, in equal monthly installments of $702.86 each, the first to be paid on July 27, 2021, and one (1) installment due on the same date of each successive month thereafter until paid in full. A true and accurate copy of the Contract is "A" annexed hereto as Exhibit and made part hereof, b. Thereafter, the aforesaid Contract pursuant to its terms was duly assigned by the Dealer to the Plaintiff herein for good and valuable consideration, and the Plaintiff is now the holder of the Contract. Plaintiffs security interest in the Collateral is reflected on the records of the Department of Motor Vehicles, State of New York. A true and accurate copy of the electronic certificate of "B" titleisannexed hereto as Exhibit and made part hereof c. The aforesaid Contract is now in default and payments past due from the month of September 27, 2021, in the sum of $702.86 each, plus contractual late charges thereon, have not been paid pursuant to the terms of said Contract, and the Plaintiff has elected to declare the entire balance on said Contract due in accordance with the terms thereof, and has duly demanded the contract balance or possession of the Collateral fi·om the Defendant(s). A true and accurate copy of the demand letter forwarded to Defendant(s) is/are annexed "C" hereto as Exhibit and made part hereof. Although duly demanded, Defendant(s) has failed, neglected and refused to pay the net balance due on said Contract which as the date of this Verified Complaint, was in the amount of $40,468.02 or return the Collateral and, accordingly, Plaintiff is now entitled FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022 to immediate possession of the Collateral or payment of the entire balance due. HOWEVER, IN THE EVENT A BANKRUPTCY WAS FILED AND THE BORROWER RECEIVED A DISCHARGE OR THE DEBT HAS OTHERWISE BEEN DISPOSED OF IN THE BANKRUPTCY PROCEEDING YOU HAVE NO PERSONAL LIABILITY TO PAY ANY AMOUNTS DUE IN RELATION WITH THIS LOAN AND THIS ACTION IS SOLELY AN ACTION TO REPOSSESSION THE COLLATERAL. 7. Upon information and belief, Defendant(s) is/are in wrongful possession of the Collateral. 8. Prior to commencement of this action the Plaintiff duly demanded possession of the Collateral from Defendant(s) has/have failed, refused and neglected to deliver same to Plaintiff. A true and accurate copy of the demand letter forwarded to Defendant(s) is "C" annexed to the Verified Complaint as Exhibit and incorporated herein by reference. 9. Upon information and belief. The Collateral has not been taken by virtue of a warrant against the Plaintiff for a collection of a tax assessment or fine issued pursuant to statute of the State of New York and the United States. 10. The Collateral has not been seized by virtue of a warrant of attachment or execution against the property of the Plaintiff for any person from or through whom Plaintiff has title to said Collateral or any part thereof, 11. The estimated value of the Collateral does not exceed the sum of 28,000.00. 12. Pursuant to N.Y. C.P.L.R. 7102(e), a copy of an undertaking in the amount of 56,000.00 isannexed hereto. 13. The Summons and Verified Complaint have not yet been served on Defendants and the Order to Show Cause sought herein is made to accompany the service of the Summons and Verified Complaint. 14. This Affidavit is in support of an application for an Order directing the Defendants to show cause before this Court why the aforesaid Collateral should not be seized, pursuant to N.Y. C.P.L.R. 7102, by the Sheriff of BRONX County or any other county where the Collateral FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022 listed in this Affidavit is found, and the Order to Show Cause is sought 'Demise Plaintiff believes itis likely that Defendants will seek to dispose of Plaintiffs Collateral ifnot prevented from doing so by this Court. The last known address of the Defendant(s) is/are: 2305 UNIVERSITY AVE APT 2A, BRONX, NY, 10468. 15. The Plaintiff seeks a Temporary Restraining Order herein because the Collateral sought to be seized in this action, is by itsintrinsic nature, portable and subject to removal from one location to another by any number of independent contractors or private Defendants' individuals. past course of conduct and/or refusal to surrender possession of the Collateral, indicate that Plaintiff faces a substantial risk of removal and/or transfer of Plaintiffs Collateral, and compels Plaintiff to seek a Temporary Restraining Order to restrain Defendants from taking any further action to jeopardize Plaintiffs interest in the Collateral and to permit the Court to set an early return date on the motion for an Order of Seizure. 16. For these reasons, Plaintiff will suffer significant prejudice if prior notice of the Temporary Restraining Order is given. This Court is asked to accept this Affidavit in lieu of such notice in accordance with §202.07 of the Uniform Civil Rules for the Supreme and County Courts. 17. It is requested that the Order to Show Cause, ifgranted, provide for personal or substituted service upon Defendants. 18. No previous application has been made for the reliefsought herein. 19. The Plaintiff has notapplied for any other provisional remedy in this action. 20. The Plaintiff knows of no valid defense to itsclaim. WHEREFORE, itis respectfully requested that the Court grant an Order of Seizure, pursuant to N.Y. C.P.L.R. 7102 authorizing the Sheriff of BRONX County or any other County where the Collateral may be located, to break and enter and to seize the Collateral described above from the possession of Defendants, together with costs and disbursements of this action, and for such other and further reliefas this Court deems just and proper. FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022 The grounds of deponents belief as to all matters not stated upon deponents knowledge are as follows: upon the books and records of said corporation. Hyundai Capital America, Inc.d/b/a Kia Motors Finance By: fabriel Ulate Title: Special Collections Analyst Acknowledgment by a Person Outside New York State State of Texas ) )ss.: County of Collins ) On the g# day of Auc a5t in the year 202 L before me, the undersigned, personally appeared Gabriel ate, Special Collectiona Analyst, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their/capacity (ies), that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the city of Plano located in the state of Texas (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken), Notary Public SANTIAGO LOPEZ JOSE of Texas State NotaryPublic, 10-20-2022 Comm. Expires 126307614) Notary (D FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022 CERTIFICATE OF CONFORMITY STATE OF TEXAS ) COUNTY OF COLLINS ) That the undersigned does hereby certify that he/she is an attorney-at-law duly admitted to practice in the State of Texas; that he/she is a person duly qualified to make this Certificate of Conformity pursuant to N.Y. Real Property Law § 299-a; that he/she does hereby certify that the acknowledgement attached hereto was made in the manner prescribed by the laws of the State of Texas and thatthe form of acknowledgment conforms to the laws ofthe State of Texas. IN WITNESS WHEREOF, I have hereunto set my hand this day of f , 2020. By: Name: 4.4, 4 Title:Attorn FILED: BRONX COUNTY CLERK 08/23/2022 02:16 PM INDEX NO. 812305/2022E NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 08/23/2022 SUPREME COURT STATE OF NEW YORK, COUNTY OF BRONX Index Number Hyundai CapitalAmerica, Inc.d/b/a Kia Motors Finance Plaintiff(s), -against- LUZAYNE PENA, et al Defendant(s). Affidavitin Support of an Order to Show Cause and Temporary Restraining Order and Pursuantto §202.07 of theUniform Civil Rules for theSupreme Court and County Courts and Emergency Affirmation Sheldon May & Associates,P.C. Attorneys forPlaintiff Office and Post OfficeAddress 255 Merrick Road Rockville Centre,New York 11570 Telephone Number (516) 763 - 3200 To: Signaturepursu rule 1 .I-a Print e: Ted EricMay, Esq. Service of a copy ofthe within is herebyadmitted. Dated: Attorney(s) for: PLEASE TAKE NOTICE: o NOTICE OF ENTRY thatthe within true is a (certified) copy ofa Duly entered in theofficeofthe clerkof the within named courton ,200 o NOTICE OF SETTLEMENT thatan order ofwhich thewithin is a true copy willbe presented forsettlement to theHonorable one of the judgesof the within named court,at on 200 at .M. Dated: Yours, etc. Sheldon May & Associates,P.C. 255 Merrick Road Rockville Centre,New York 11570 763 - 3200 (516)