Motion,Ex Parte: Slm Education Credit Finance Corporation v. Carlin T Seneca

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                                FILED:         CHAUTAUQUA             COUNTY         CLERK       09/29/2022             01:38        PM          INDEX    NO.   EK12013001579
   NYSCEF     DOC.   NO.   5                                                                                  RECEIVED      NYSCEF:     09/29/2022




                 SUPREME        COURT       OF   THE    STATE      OF   NEW     YORK.
                 COUNTY        OF  CAYUGA
                 ---------------------X                                                  Index   No,   EK12013001579

                 SLM    EDUCATION          CREDIT       FilNANCE
                 CORPORATION


                                                              Plaintiff,


                          -against-                                                      EXPARTE         AFFIRMATION


                 CARLIN      T  SENECA,


                                                              Defendant(s).
                 ---------------------------X                                            F&G     File No.   FCRS1088336A


                          EDWARD        J.  DA.MSKY,       an  attorney   duly  admitted   to  practice  law   in the  Courts  of  the


                 State  of New   York,   hereby    affirms  the  following   to  be  true,pursuant    to CPLR     §2106,   and  under



                 the penalties   of perjury   states as follows:



                          1.       I am  an  associate   attorney   with  the  law  firm   of Forster  &   Garbus    LLP,   attorneys


                 of record   for SEM     Education    Credit  Finance    Corporation    (hereinafter   "Plaintiff"),   and  as such   I


                 am  fully  familiar  with  the  facts and  circumstances     of this  case. Further,   I attest that I have  made   a


                 review   of  the legal  file maintained     by  this  office  together   with  the  documents     provided    by  the


                 Plaintiff  and  allthe  documents     in the proceeding    herein.


                          2.       This   affirmation    is submitted    in  support   of  Plaintiff's  application    to vacate   the


                 judgment    entered   against   the  Defendant    on   February    19, 2014   and   discontinue    this action  with


                                                                                                 "A."
                 prejudice.   A  copy   of the  entered  judgment     is annexed   as Exhibit


                          3.       Plaintiff  requests   that  the  judgment     entered   against   Defendant     on  February    19,


                 2014   in the amount    of $6,494.99    be  vacated   and  the action   be discontinued    with   prejudice  per  the


                 Plaintiff's  agreement    with  the  Attorney   General


                          4.       No   prior application   for  the relief requested    herein  has  been  made.




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   FILED:         CHAUTAUQUA             COUNTY         CLERK       09/29/2022             01:38        PM          INDEX    NO.   EK12013001579
   NYSCEF     DOC.   NO.   5                                                                                  RECEIVED      NYSCEF:     09/29/2022




                          WHEREFORE,            Plaintiff  respectful.ly  requests   an  Order    vacating   the judgment     entered


                 against  the  Defendant    and   discontinuing    the action  with   prejudice,   as well  as       further relief as
                                                                                                               any


                 this court  deems    just and  proper.


                 Dated:   Commack,      New    York
                          August    12, 2022




                                                                                          RD   J. DA       KY,   ESQ.




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