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FILED: NASSAU COUNTY CLERK 02/02/2022 06:06 PM INDEX NO. 615766/2021
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 02/02/2022
HAMBURGER, MAXSON, YAFFE & MCNALLY, LLP
ATIORNEYS AT LAW
225 BROADHOLLOW ROAD. SUITE 301E
MELVILLE, NEW YORK11747
RICHARD HAMBURGER 631.694.2400
rhamburger@hmylaw.com F...x: 631.694.1376
HMYLAW.COM
August 16, 2019
VIA FEDERAL EXPRESS
Christina Bedell, Assistant Attorney General
State of New York, Office of the Attorney General
200 Old Country Road, Suite 240
Mineola, NY 11501-4239
Re: Attorney General Subpoena - Shake A Paw
OurFileNo.: 2301.12
Dear Ms. Bedell:
. As you know, we represent Shake A Paw with respect to the investigatory
subpoena dated July 10, 2019, issued by your office. Thank you again for extending our
client's time for responding to the subpoena.
Shake A Paw was able to locate documents for 105 of the 115 transactions
identified in the subpoena. In many cases, the purchaser's name in the subpoena was
either incorrect or mis-spelled, but there was enough information provided that the
pertinent transaction records could nonetheless be located. Please note that transactions
itemized as numbers 16 and 30 are, according to Shake A Paw, the same. Additionally, in
ten instances, however, despite diligent efforts, a transaction corresponding to the name
of the individual on the subpoena could not be lo~ated . These ten instances are identified
in the last paragraph of the enclosed Affidavit of Compliance, sworn to by Gerard
O'Sullivan.
The enclosed documents are numbered SAP 000001 - SAP 001166. They
have been assembled in the same order ( 1 through 115) as the purchasers listed in the
subpoena. In the upper right-hand corner of the first page of each separate group of
documents, we have written the number that corresponds with your numbered list of
purchasers.
/le
Enclosures
c: Via e-mail: w/o encs. :
Shake A Paw
RH to Bedell - 2019.08.16.WPD
FILED: NASSAU COUNTY CLERK 02/02/2022 06:06 PM INDEX NO. 615766/2021
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 02/02/2022
--------------------------------------------------------------------------X
In the Matter of the Investigation of AFFIDAVIT OF
COMPLIANCE
WITH SUBPOENA
SHAKE-A-PAW
---------------------------------------------------------------·------------X
STATE OF NEW YORK
) ss.:
COUNTY OF NASSAU )
GERARD O'SULLIVAN, being duly sworn, state as follows:
1. I .am employed by respondent Shake A Paw in the position of
President.
2. Respondent's productions and responses to the Subpoena of the
Attorney General of the State of New York, dated July 10, 2019 (the "Subpoena"), were
prepared and assembled by me or under my personal supervision (Hicksville), and by Vice
President Marc Jacobs (Lynbrook) or under his personal supervision.
3. We made or caused to be made a diligent, complete and
comprehensive search for all documents and information requested by the Subpoena, in
full compliance with the instructions and definitions set forth in the Subpoena.
4. Respondent's productions and responses to the Subpoena are
complete and correct lo the best of my knowledge and belief.
5. No documents or information responsive to the Subpoena have been
withheld from Respondent's productions and responses.
FILED: NASSAU COUNTY CLERK 02/02/2022 06:06 PM INDEX NO. 615766/2021
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 02/02/2022
6. The documents contained in Respondent's productions and responses
to the Subpoena are authentic, genuine and what they purport to be.
7. Below is a uue and accurate listof those numbered items in the
Subpoena as to which no responsive documents were located in the course of the
aforementioned search:
# 17 - Nancy Levin (Shih Tzu)
#24 - Fatieta Alickaj (Pomeranian)
#26 - Shannon Hayes (Pomeranian)
#55 - Sarah Ospina (Maltese)
#84 - Evan O'Connor (jack Russell)
#92 - Gigi Panier (Malti-Poo)
#96 - Helene Leone (Labradoodle)
# 106 - Brianne Richards
#107 - Foley Callahan
# 108 - Jessica Longo
Sworn to before me this
_J.6 day of Augus 2019. GURBANI MALHOTRA
Notary Public - State of New York
NO. 01MA6283856
Qualified In Nassau County
My Commission Expires Jun 17, 2021
2
FILED: NASSAU COUNTY CLERK 02/02/2022 06:06 PM INDEX NO. 615766/2021
NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 02/02/2022
Page 2 of2
Shipment Receipt
Address Information
Ship to: Ship from:
Christina Bedell, AAG Lissa Curreri
NYS Attorney General's HAMBURGER, MAXSON
Office
200 OLD COUNTRY RD 225 BROADHOLLOW
ROAD
STE 240 SUITE 301E
MINEOLA, NY MEL VILLE, NY
l 1501-4239 11747
us us
5 l 6.248.3322 6316942400
Shipment Information:
Tracking no.: 77600789533 l
Ship date: 08/16/20 l 9
Estimated shipping charges: 24.30 USD
Package Information
Pricing option: FedEx Standard Rate
Service type: Priority Overnight
Package type: FedEx Box
Number of packages: l
Total weight: 5 LBS
Declared Value: 0.00 USD
Special Services:
Pickup/Drop-off: Drop off package at FedEx location
Billing Information:
Bill transportation to: My Account- l 02
Your reference: Shake A Paw. 12
P.O. no.:
Invoice no.:
Department no.:
Thank you for shipping online with FedEx ShipManager at fedex.com.
Please Note
FedEx will nol be responsible for any claim In excess of $100 per package, whether the result of loss, damage, delay, non-delivery, mlsdellvery, or misinformation, unless you declare a
higher value, pay an additional charge, document your actual loss and file a Umely claim. Llmllatlons found in Iha cuirenl FedEx Service Gulde apply. Your right lo recover from FedEx
for any loss, Including Intrinsic value of Iha package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or
special Is llmlled lo the greater of $100 or Iha authorized declared value. Recovery cannot exceed actual documented loss. Maximum for Items of extraordinary value is $1000, e.g.,
jewelry, precious metals, negotiable lnslruments and other items listed in our Service Guide. Written claims must be filed within slricl lime limits; Consult Iha applicable FedEx Service
Guida for details.
The estimated shipping charge may be different lhan lhe actual charges for your shipment. Differences may occur based on actual weight, dimensions, and olher factors. Consult the
applicable FedEx Service Guide or Iha FedEx Raia Sheets for details on how shipping charges are calculaled.
https://www.fedex.com/shipping/html/en/PrintIFrame.html 8/16/2019
Preview
FILED: NASSAU COUNTY CLERK 02/02/2022 06:06 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 02/02/2022 HAMBURGER, MAXSON, YAFFE & MCNALLY, LLP ATIORNEYS AT LAW 225 BROADHOLLOW ROAD. SUITE 301E MELVILLE, NEW YORK11747 RICHARD HAMBURGER 631.694.2400 rhamburger@hmylaw.com F...x: 631.694.1376 HMYLAW.COM August 16, 2019 VIA FEDERAL EXPRESS Christina Bedell, Assistant Attorney General State of New York, Office of the Attorney General 200 Old Country Road, Suite 240 Mineola, NY 11501-4239 Re: Attorney General Subpoena - Shake A Paw OurFileNo.: 2301.12 Dear Ms. Bedell: . As you know, we represent Shake A Paw with respect to the investigatory subpoena dated July 10, 2019, issued by your office. Thank you again for extending our client's time for responding to the subpoena. Shake A Paw was able to locate documents for 105 of the 115 transactions identified in the subpoena. In many cases, the purchaser's name in the subpoena was either incorrect or mis-spelled, but there was enough information provided that the pertinent transaction records could nonetheless be located. Please note that transactions itemized as numbers 16 and 30 are, according to Shake A Paw, the same. Additionally, in ten instances, however, despite diligent efforts, a transaction corresponding to the name of the individual on the subpoena could not be lo~ated . These ten instances are identified in the last paragraph of the enclosed Affidavit of Compliance, sworn to by Gerard O'Sullivan. The enclosed documents are numbered SAP 000001 - SAP 001166. They have been assembled in the same order ( 1 through 115) as the purchasers listed in the subpoena. In the upper right-hand corner of the first page of each separate group of documents, we have written the number that corresponds with your numbered list of purchasers. /le Enclosures c: Via e-mail: w/o encs. : Shake A Paw RH to Bedell - 2019.08.16.WPD FILED: NASSAU COUNTY CLERK 02/02/2022 06:06 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 02/02/2022 --------------------------------------------------------------------------X In the Matter of the Investigation of AFFIDAVIT OF COMPLIANCE WITH SUBPOENA SHAKE-A-PAW ---------------------------------------------------------------·------------X STATE OF NEW YORK ) ss.: COUNTY OF NASSAU ) GERARD O'SULLIVAN, being duly sworn, state as follows: 1. I .am employed by respondent Shake A Paw in the position of President. 2. Respondent's productions and responses to the Subpoena of the Attorney General of the State of New York, dated July 10, 2019 (the "Subpoena"), were prepared and assembled by me or under my personal supervision (Hicksville), and by Vice President Marc Jacobs (Lynbrook) or under his personal supervision. 3. We made or caused to be made a diligent, complete and comprehensive search for all documents and information requested by the Subpoena, in full compliance with the instructions and definitions set forth in the Subpoena. 4. Respondent's productions and responses to the Subpoena are complete and correct lo the best of my knowledge and belief. 5. No documents or information responsive to the Subpoena have been withheld from Respondent's productions and responses. FILED: NASSAU COUNTY CLERK 02/02/2022 06:06 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 02/02/2022 6. The documents contained in Respondent's productions and responses to the Subpoena are authentic, genuine and what they purport to be. 7. Below is a uue and accurate listof those numbered items in the Subpoena as to which no responsive documents were located in the course of the aforementioned search: # 17 - Nancy Levin (Shih Tzu) #24 - Fatieta Alickaj (Pomeranian) #26 - Shannon Hayes (Pomeranian) #55 - Sarah Ospina (Maltese) #84 - Evan O'Connor (jack Russell) #92 - Gigi Panier (Malti-Poo) #96 - Helene Leone (Labradoodle) # 106 - Brianne Richards #107 - Foley Callahan # 108 - Jessica Longo Sworn to before me this _J.6 day of Augus 2019. GURBANI MALHOTRA Notary Public - State of New York NO. 01MA6283856 Qualified In Nassau County My Commission Expires Jun 17, 2021 2 FILED: NASSAU COUNTY CLERK 02/02/2022 06:06 PM INDEX NO. 615766/2021 NYSCEF DOC. NO. 126 RECEIVED NYSCEF: 02/02/2022 Page 2 of2 Shipment Receipt Address Information Ship to: Ship from: Christina Bedell, AAG Lissa Curreri NYS Attorney General's HAMBURGER, MAXSON Office 200 OLD COUNTRY RD 225 BROADHOLLOW ROAD STE 240 SUITE 301E MINEOLA, NY MEL VILLE, NY l 1501-4239 11747 us us 5 l 6.248.3322 6316942400 Shipment Information: Tracking no.: 77600789533 l Ship date: 08/16/20 l 9 Estimated shipping charges: 24.30 USD Package Information Pricing option: FedEx Standard Rate Service type: Priority Overnight Package type: FedEx Box Number of packages: l Total weight: 5 LBS Declared Value: 0.00 USD Special Services: Pickup/Drop-off: Drop off package at FedEx location Billing Information: Bill transportation to: My Account- l 02 Your reference: Shake A Paw. 12 P.O. no.: Invoice no.: Department no.: Thank you for shipping online with FedEx ShipManager at fedex.com. Please Note FedEx will nol be responsible for any claim In excess of $100 per package, whether the result of loss, damage, delay, non-delivery, mlsdellvery, or misinformation, unless you declare a higher value, pay an additional charge, document your actual loss and file a Umely claim. Llmllatlons found in Iha cuirenl FedEx Service Gulde apply. Your right lo recover from FedEx for any loss, Including Intrinsic value of Iha package, loss of sales, income interest, profit, attorney's fees, costs, and other forms of damage whether direct, incidental, consequential, or special Is llmlled lo the greater of $100 or Iha authorized declared value. Recovery cannot exceed actual documented loss. Maximum for Items of extraordinary value is $1000, e.g., jewelry, precious metals, negotiable lnslruments and other items listed in our Service Guide. Written claims must be filed within slricl lime limits; Consult Iha applicable FedEx Service Guida for details. The estimated shipping charge may be different lhan lhe actual charges for your shipment. Differences may occur based on actual weight, dimensions, and olher factors. Consult the applicable FedEx Service Guide or Iha FedEx Raia Sheets for details on how shipping charges are calculaled. https://www.fedex.com/shipping/html/en/PrintIFrame.html 8/16/2019