On August 31, 2017 a
Answer
was filed
involving a dispute between
State Of New York,
and
Telisa Givens,
for Other Matters - Contract Non-Commercial
in the District Court of Onondaga County.
Preview
FILED: ONONDAGA COUNTY CLERK 09/12/2018 12:04 PM INDEX NO. 004020/2017
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/12/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ONONDAGA
STATE OF NEW YORK,
Plaintiff,
AFFIRMATION OF NON
MILITARY STATUS
- against - INDEX NO.: 4020/2017
TELISA GIVENS,
Defendant(s).
298534
Mitchell Lenczewski, an attorney duly admitted to practice before the
Courts of the State of New York, hereby affirms under penalty of perjury:
1. I am an attorney in the office of Barbara D. Underwood, Attorney
General of the State of New York, attorney for the Plaintiff.
2. Pursuant to my duties, and in furtherance of the submission of a
proposed default judgment against the defendant(s) identified above, I
caused inquiries to be made regarding status of the defendant(s) as an
active duty member of the armed forces of the United States.
3. To this end, an employee of my office accessed the Servicemembers
Civil Relief Act website maintained by the Defense Manpower Data Center's
Military Verification Service of the United States Department of Defense.
This website verified that the defendant was not an active member of the
armed forces of the United States of America.
4. Attached hereto is a copy of a Military Status Report signed by the
Director of the Defense Manpower Data Center stating that a search of
defendant's name and/or social security number showed no match to
information in the Data Center's data banks and setting forth the time and
date of this report. The Defense Manpower Data Center has advised my
office that if the defendant were in military service, the report would
show active duty status and that a failure to find a match means that the
defendant is not currently in active military service. Additionally, I
have no information showing, nor am I aware, that defendant is currently in
the active military service of the State of New York.
Syracuse NY
Dated:August , 2018
Mitchell denczewski
Assistant Attorney General
750 East Adams Street
Syracuse , NY 13210
(315) 464-8309
*Printed on recycled paper BS
24901 1 of 3
FILED: ONONDAGA COUNTY CLERK 09/12/2018 12:04 PM INDEX NO. 004020/2017
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/12/2018
Department of Defense Manpower Data Center Results
asof: Aug-242018
1t4t13 AM
SCRA4.6
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-8323
Birth Date: Apr-XX-1973
Last Name: GIVENS
First Name: TELISA
Middle Name: A
Status As Of: Aug-28-2018
Certificate ID: DVV855GVVJK4C90
OnActiveDutyOnActiveDutyStatusDate
ActiveDutyStartDale ActiveDutyEndDale Stalus Component
Service
NA NA No NA
Thisresponse theindividuals'
reflects activedutystatusbasedontheActiveDulySlagus
Date
LeftAcliveDutyWthin367DaysofActiveDulySlalusDale
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA No NA
reflects
Thisresponse wheretheindividual
leftactivedutystatuswithin367dayspreceding
theActiveDutyStatusDate
......_____
...........
TheMember
orHis/HerUnitWasNotified
ofa FutureCallup toActiveDutyonActiveDutyStatusDate
OrderNoIllication
StartDate OrderNolilication
EndDate Status Service
Component
NA NA No NA
Thisresponse
reflectswhether
theindividual
orhismerunithasreceived
earlynotillcation
toreportforactiveduty
Upon searching the data banks of the Depârtmcat of Defense Manpower Data Center, based on the |-.fe.T.atiañ that you provided, the above is the status of
the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and
or his/her unit receiving RGtitcatiûñ of future orders to report for Active Duty.
This status includes iñfairñation on a Servicemember
Coast Guard).
Michael V, Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA93955
2 of 3
FILED: ONONDAGA COUNTY CLERK 09/12/2018 12:04 PM INDEX NO. 004020/2017
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/12/2018
The Defense Manpower Data Center (DMDC) is an C-gmbeN
of the Gm....i...-
d of Defense (DoD) that me!±!=
the Defense Enrollment and Eligibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
The DoD strongly supports the enforcement of the Servicememimis
Civil Relief Act (50 USC App. ? 501 et seq, as emandad) (SCRA) (formerly known as
Soldiers'
the and Sailors' Civil Relief Act of 1940).
DMDC has issued hundreds of thcusânda of "does not possess any information indicâdng that the
duty" raspnnaa
individual is currently on active and has experienced only a small error rate.
In the event the individual referenced above, or any family
member, friend, or repiemonimi;veasserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the
protac+inas of the SCRA, you are strongly ancauragad to obtain further verification of the person's status by contacting that person's Service. Service contact
infa=tioncan be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33.
If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this additional Service wâr|tcst|Gn, punitive provisions of the SCRA may be invoked
against you.
See 50 USC App. ? 521(c).
This response reflects the following infGñT.âdan: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days -; the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active
duty on the Active Duty Status Date.
Status"
More information on "ACtive Duty
Active duty status as reported in this certificate is defined in âccGidâñce with 10 USC ? 101(d) (1).
Prior to 2010 only some of the active duty periods less
than 30 consecutive days in length were available.
In the case of a member of the National Guard, this includes service under a call to active service
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
by Federal funds.
President and .upputiad AII Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
This includes Navy Training and Adrniniatration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
unit they support.
Program AdminiMrator (RPAs).
Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration
(NOAA Commissioned 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).
Many times orders are amended to extend the period of active duty, which would extend SCRA prntardiana. Persons seeking to rely on this website
are based have not been amended to extend the inclusive dates of service.
nartificatinn should check to make sure the orders on which SCRA p.vie;v,.6
Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
The Last Date on Active Duty entry is important because a number of protections of the SCRA
actually begun active duty or actually reported for induction.
extend beyond the last dates of active duty.
Those who could rely on this a='Hh='= e=r=ataad to Service members under the SCRA
are urged to seek qualified legal counsel to ensure that all rights
are protected
WARNING: This certificate was provided based on a last name, SSWdata of birth, and active duty status date provided by the requester.
Providing
to be provided.
erroneous information will cause an erroneous cardtcâts
3 of 3
Document Filed Date
September 12, 2018
Case Filing Date
August 31, 2017
Category
Other Matters - Contract Non-Commercial
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: ONONDAGA COUNTY CLERK 09/12/2018 12:04 PM INDEX NO. 004020/2017 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/12/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA STATE OF NEW YORK, Plaintiff, AFFIRMATION OF NON MILITARY STATUS - against - INDEX NO.: 4020/2017 TELISA GIVENS, Defendant(s). 298534 Mitchell Lenczewski, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms under penalty of perjury: 1. I am an attorney in the office of Barbara D. Underwood, Attorney General of the State of New York, attorney for the Plaintiff. 2. Pursuant to my duties, and in furtherance of the submission of a proposed default judgment against the defendant(s) identified above, I caused inquiries to be made regarding status of the defendant(s) as an active duty member of the armed forces of the United States. 3. To this end, an employee of my office accessed the Servicemembers Civil Relief Act website maintained by the Defense Manpower Data Center's Military Verification Service of the United States Department of Defense. This website verified that the defendant was not an active member of the armed forces of the United States of America. 4. Attached hereto is a copy of a Military Status Report signed by the Director of the Defense Manpower Data Center stating that a search of defendant's name and/or social security number showed no match to information in the Data Center's data banks and setting forth the time and date of this report. The Defense Manpower Data Center has advised my office that if the defendant were in military service, the report would show active duty status and that a failure to find a match means that the defendant is not currently in active military service. Additionally, I have no information showing, nor am I aware, that defendant is currently in the active military service of the State of New York. Syracuse NY Dated:August , 2018 Mitchell denczewski Assistant Attorney General 750 East Adams Street Syracuse , NY 13210 (315) 464-8309 *Printed on recycled paper BS 24901 1 of 3 FILED: ONONDAGA COUNTY CLERK 09/12/2018 12:04 PM INDEX NO. 004020/2017 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/12/2018 Department of Defense Manpower Data Center Results asof: Aug-242018 1t4t13 AM SCRA4.6 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-8323 Birth Date: Apr-XX-1973 Last Name: GIVENS First Name: TELISA Middle Name: A Status As Of: Aug-28-2018 Certificate ID: DVV855GVVJK4C90 OnActiveDutyOnActiveDutyStatusDate ActiveDutyStartDale ActiveDutyEndDale Stalus Component Service NA NA No NA Thisresponse theindividuals' reflects activedutystatusbasedontheActiveDulySlagus Date LeftAcliveDutyWthin367DaysofActiveDulySlalusDale ActiveDutyStartDate ActiveDutyEndDate Status Service Component NA NA No NA reflects Thisresponse wheretheindividual leftactivedutystatuswithin367dayspreceding theActiveDutyStatusDate ......_____ ........... TheMember orHis/HerUnitWasNotified ofa FutureCallup toActiveDutyonActiveDutyStatusDate OrderNoIllication StartDate OrderNolilication EndDate Status Service Component NA NA No NA Thisresponse reflectswhether theindividual orhismerunithasreceived earlynotillcation toreportforactiveduty Upon searching the data banks of the Depârtmcat of Defense Manpower Data Center, based on the |-.fe.T.atiañ that you provided, the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services (Army, Navy, Marine Corps, Air Force, NOAA, Public Health, and or his/her unit receiving RGtitcatiûñ of future orders to report for Active Duty. This status includes iñfairñation on a Servicemember Coast Guard). Michael V, Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA93955 2 of 3 FILED: ONONDAGA COUNTY CLERK 09/12/2018 12:04 PM INDEX NO. 004020/2017 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 09/12/2018 The Defense Manpower Data Center (DMDC) is an C-gmbeN of the Gm....i...- d of Defense (DoD) that me!±!= the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicememimis Civil Relief Act (50 USC App. ? 501 et seq, as emandad) (SCRA) (formerly known as Soldiers' the and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thcusânda of "does not possess any information indicâdng that the duty" raspnnaa individual is currently on active and has experienced only a small error rate. In the event the individual referenced above, or any family member, friend, or repiemonimi;veasserts in any manner that the individual was on active duty for the active duty status date, or is otherwise entitled to the protac+inas of the SCRA, you are strongly ancauragad to obtain further verification of the person's status by contacting that person's Service. Service contact infa=tioncan be found on the SCRA website's FAQ page (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service wâr|tcst|Gn, punitive provisions of the SCRA may be invoked against you. See 50 USC App. ? 521(c). This response reflects the following infGñT.âdan: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days -; the Active Duty Status Date (3) Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. Status" More information on "ACtive Duty Active duty status as reported in this certificate is defined in âccGidâñce with 10 USC ? 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard, this includes service under a call to active service 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 by Federal funds. President and .upputiad AII Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the This includes Navy Training and Adrniniatration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve unit they support. Program AdminiMrator (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Commissioned 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). Many times orders are amended to extend the period of active duty, which would extend SCRA prntardiana. Persons seeking to rely on this website are based have not been amended to extend the inclusive dates of service. nartificatinn should check to make sure the orders on which SCRA p.vie;v,.6 Furthermore, some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not The Last Date on Active Duty entry is important because a number of protections of the SCRA actually begun active duty or actually reported for induction. extend beyond the last dates of active duty. Those who could rely on this a='Hh='= e=r=ataad to Service members under the SCRA are urged to seek qualified legal counsel to ensure that all rights are protected WARNING: This certificate was provided based on a last name, SSWdata of birth, and active duty status date provided by the requester. Providing to be provided. erroneous information will cause an erroneous cardtcâts 3 of 3