On June 03, 2021 a
Party Statement
was filed
involving a dispute between
Bank Of America Na,
and
John M Connolly,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Putnam County.
Preview
FILED: PUTNAM COUNTY CLERK 08/19/2021 11:31 AM INDEX NO. 500802/2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 08/19/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF PUTNAM
-------------------------------------------------X
Bank of America, N. A. DOCKET#: 500802/2021
Plaintiff, MJRF#: 02105862
- Agains t -
JOHN M CONNOLLY
Defendant (s ) ATTORNEYAFFIRMATION
-------------------------------------------------X
State of NEW YORK )
) ss.:
County o f NASSAU )
The undersigned, attorney at law of State of New York affirms that I am:
GERALD W.FLYNN,attorney of record for the Plaintiff in the above entitled action and am
fully familiar with all the proceeding had herein.
1. I am over the age of 18 and employed at 6851 Jericho Turnpike, Ste 220,PO Box
9036,Syosset,New York 11791-9036
2. This affidavit is made pursurant to the United States Servicemembers Civil Relief Act,
as amended, 50 U.S.C . Secs .3901 et seq. for the purpose of the entry of a judgment against
JOHN M CONNOLLY defendant in the above entitled action.
3. I provided the Department of Defense Manpower Data Center service with the pertinent
information for the above defendant JOHN M CONNOLLY such as date of birth and/or social
security number which I know because of my legal file. I requested a military
investigation be conducted.
4. Based upon the response I received from the Department of Defense Manpower Data Center
dated 8/18/21 from Michael V. Sorrento, DIRECTOR,I am convinced that the defendant is
not on active duty in any branch of the United States Military.
The undersigned, an attorney admitted to practice in the court of the State of New York,
hereby affirms that the forgoing statement subscribed to by the undersigned is true under
the penalties of perjury.
Affirmed to be true under the
penalties of perjury pursuant
to CPLR 2106, on
__
GERAI/D W.FLYNN
OW
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FILED: PUTNAM COUNTY CLERK 08/19/2021 11:31 AM INDEX NO. 500802/2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 08/19/2021
Department of Defense Manpower Data Center Re="I'sa of ^u918-2021
09:04:30
AM
SCRA5.9
Status Report
Pursuant to Servicemembers Civil ReliefAct
SSN:
Birth Date:
Last Name: CONNOLLY
First Name: JOHN
Middle Name: M
Status As Of: Aug-18-2021
Certificate ID: H1T48L330J4GLTQ
OnActiveDutyOnActiveDutyStatusDale
ActiveDutyStartDate ActiveDutyEndDate Status Component
Service
..
NA NA No NA
reflectstheindividuals'
Thisresponse activedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin357DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate S1stus Component
Service
Thisresponse wheretheindividual
reflects leftactivedutystatuswithin367dayspreceding
theActiveDutyStatusDate
TheMember
orHisMerUnitWasNotified
ofa FutureCall-UptoActiveDutyonActiveDutyStatusDate
OrderNotificallon
StartDate OrderNotification
EndDate Status Service
Component
NA NA No NA
This;G;;i: x
^^3ctswhether orhis4ierunithasreceived
theindividual earlynotificalion
toreportforactiveduty
Upon searching the data banks of the Depedment of Defense Manpower Data Center, based on the information 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
Coast Guard).This status includes her-±:n or his/her unit receiving notification of future orders to report for Active Duty.
on a Servicemember
Michael V. Sorrento, Director
Department of Defense - Menpawer Data Center
400 Gigling Rd.
Seaside, CA93955
2 of 3
FILED: PUTNAM COUNTY CLERK 08/19/2021 11:31 AM INDEX NO. 500802/2021
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 08/19/2021
The Defense Mëñpewsr Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains 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 G6r4:::::i:-ra
Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as
Sailors' Civil
the Soldiers' and Relief Act of 1940). DMDC has issued hundreds of 'hc=cMc
of "does not possess any |r.f:rmEEcñ indicating that the
individual is currently on active duty" réspcases, above, or any family
and has experienced only a small error rate. In the event the individual is|ér6ñced
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 ccatâcting that person's Service. Service contact
information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.millscra/#/faqs.
If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this edd!!!c±
Service verification, punitive preds!ene of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
This response reflects the following informat!en:
preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early actificaticñ to report for active
Duty status within 367 days
duty on the Active Duty Status Date.
Status"
More information on "Active Duty
Active duty status as reported in this certificate is defined in accordance 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 cail to active service
authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of respend:ñg to a national emergency declared by the
President and suppeded by Federal funds.
All Active Guard Reserve (AGR) rnembers must be assigned against an authorized mobilization position in the
This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
unit they support.
Program Administrator
(RPAs). officer of the U.S.
Active Duty status also applies to a Uniformed Service member who is an active duty commi:;iansd
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
reported as on Active Duty under this certificate.
SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Senrices periods.
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 pretscEces. Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not
Furthermore, some pict-::2:ns
The Last Date on Active Duty entry is important because a number of pictêcticña of the SCRA
actually begun active duty or actualty reported for induction.
extend beyond the last dates of active duty.
Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA
are protected
WARN:NG: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester.
Providing
érreñscusinformation will cause an erroneous certificate to be provided.
3 of 3
Document Filed Date
August 19, 2021
Case Filing Date
June 03, 2021
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: PUTNAM COUNTY CLERK 08/19/2021 11:31 AM INDEX NO. 500802/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 08/19/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF PUTNAM -------------------------------------------------X Bank of America, N. A. DOCKET#: 500802/2021 Plaintiff, MJRF#: 02105862 - Agains t - JOHN M CONNOLLY Defendant (s ) ATTORNEYAFFIRMATION -------------------------------------------------X State of NEW YORK ) ) ss.: County o f NASSAU ) The undersigned, attorney at law of State of New York affirms that I am: GERALD W.FLYNN,attorney of record for the Plaintiff in the above entitled action and am fully familiar with all the proceeding had herein. 1. I am over the age of 18 and employed at 6851 Jericho Turnpike, Ste 220,PO Box 9036,Syosset,New York 11791-9036 2. This affidavit is made pursurant to the United States Servicemembers Civil Relief Act, as amended, 50 U.S.C . Secs .3901 et seq. for the purpose of the entry of a judgment against JOHN M CONNOLLY defendant in the above entitled action. 3. I provided the Department of Defense Manpower Data Center service with the pertinent information for the above defendant JOHN M CONNOLLY such as date of birth and/or social security number which I know because of my legal file. I requested a military investigation be conducted. 4. Based upon the response I received from the Department of Defense Manpower Data Center dated 8/18/21 from Michael V. Sorrento, DIRECTOR,I am convinced that the defendant is not on active duty in any branch of the United States Military. The undersigned, an attorney admitted to practice in the court of the State of New York, hereby affirms that the forgoing statement subscribed to by the undersigned is true under the penalties of perjury. Affirmed to be true under the penalties of perjury pursuant to CPLR 2106, on __ GERAI/D W.FLYNN OW 1 of 3 FILED: PUTNAM COUNTY CLERK 08/19/2021 11:31 AM INDEX NO. 500802/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 08/19/2021 Department of Defense Manpower Data Center Re="I'sa of ^u918-2021 09:04:30 AM SCRA5.9 Status Report Pursuant to Servicemembers Civil ReliefAct SSN: Birth Date: Last Name: CONNOLLY First Name: JOHN Middle Name: M Status As Of: Aug-18-2021 Certificate ID: H1T48L330J4GLTQ OnActiveDutyOnActiveDutyStatusDale ActiveDutyStartDate ActiveDutyEndDate Status Component Service .. NA NA No NA reflectstheindividuals' Thisresponse activedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWithin357DaysofActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate S1stus Component Service Thisresponse wheretheindividual reflects leftactivedutystatuswithin367dayspreceding theActiveDutyStatusDate TheMember orHisMerUnitWasNotified ofa FutureCall-UptoActiveDutyonActiveDutyStatusDate OrderNotificallon StartDate OrderNotification EndDate Status Service Component NA NA No NA This;G;;i: x ^^3ctswhether orhis4ierunithasreceived theindividual earlynotificalion toreportforactiveduty Upon searching the data banks of the Depedment of Defense Manpower Data Center, based on the information 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 Coast Guard).This status includes her-±:n or his/her unit receiving notification of future orders to report for Active Duty. on a Servicemember Michael V. Sorrento, Director Department of Defense - Menpawer Data Center 400 Gigling Rd. Seaside, CA93955 2 of 3 FILED: PUTNAM COUNTY CLERK 08/19/2021 11:31 AM INDEX NO. 500802/2021 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 08/19/2021 The Defense Mëñpewsr Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains 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 G6r4:::::i:-ra Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as Sailors' Civil the Soldiers' and Relief Act of 1940). DMDC has issued hundreds of 'hc=cMc of "does not possess any |r.f:rmEEcñ indicating that the individual is currently on active duty" réspcases, above, or any family and has experienced only a small error rate. In the event the individual is|ér6ñced 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 ccatâcting that person's Service. Service contact information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.millscra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this edd!!!c± Service verification, punitive preds!ene of the SCRA may be invoked against you. See 50 USC App. § 3921(c). (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active This response reflects the following informat!en: preceding the Active Duty Status Date (3) Whether the individual or his/her unit received early actificaticñ to report for active Duty status within 367 days duty on the Active Duty Status Date. Status" More information on "Active Duty Active duty status as reported in this certificate is defined in accordance 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 cail to active service authorized by the President or the Secretary of Defense under 32 USC § 502(f) for purposes of respend:ñg to a national emergency declared by the President and suppeded by Federal funds. All Active Guard Reserve (AGR) rnembers must be assigned against an authorized mobilization position in the This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve unit they support. Program Administrator (RPAs). officer of the U.S. Active Duty status also applies to a Uniformed Service member who is an active duty commi:;iansd 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 reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Senrices periods. 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 pretscEces. Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. of the SCRA may extend to persons who have received orders to report for active duty or to be inducted, but who have not Furthermore, some pict-::2:ns The Last Date on Active Duty entry is important because a number of pictêcticña of the SCRA actually begun active duty or actualty reported for induction. extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARN:NG: This certificate was provided based on a last name, SSN/date of birth, and active duty status date provided by the requester. Providing érreñscusinformation will cause an erroneous certificate to be provided. 3 of 3