Preview
FILED: ORANGE COUNTY CLERK 02/15/2022
09/08/2022 01:52
03:48 PM INDEX NO. EF008138-2021
NYSCEF DOC. NO. 6
20 AFFIDAVIT OF SERVICE RECEIVED NYSCEF: 02/15/2022
09/08/2022
STATE OF NEW YORK
COUNTY OF ORANGE SUPREME COURT FILED ON: INDEX NO.: EF-008138-021
FEC-DRY LLC., GOLDEN CORRAL 360, INC.
Plaintiff(s )-Peti tioner(s)
-vs-
BLACK MAGNEf ENTERPRICES, INC. , ET AL.
Defendant( s )-Respondent( s)
ST ATE OF NEW YORK}
COUNTY OF SARATOGA ss.}
I, MARKE. MCC LOSKY being duly sworn, deposes and says that deponent is over the age of eighteen years,
is not a party in this proceeding and resides in New York State.
On JANUARY 7 , 2022 at 2:00 P.M.
Deponent served two true copies of NOTICE OF ELECTRONIC FILING (MANDATORY CASE) (UNIFORM RULE§ 202.5-
bb) , SUMMONS AND VERIFIED COMPLAINT
bearing index number: EF-008 I 38-02 I and date of filing:
upon BLACK MAGNET ENTERPRISES, INC.
at address: SECRET ARY OF ST ATE, 99 WASHINGTON A VENUE
city and state: ALBANY,NY 12210
MANNER OF SERVICEl
Personal
By delivering to and leaving with personally}
â–¡ known to the depo nent to be the same person mentioned and described in the above proceeding as the person to be served.
Suirahle Ag_e Person
D By delivering and leaving with personall y}
at the premi ses mentioned above. Such person knowing the person to be served and associated with him/her , and after
conversing with him/her, deponent believes him/her to be a suitable age and discretion.
Alllhori:ed Agent
IBJ By deli vering and leaving I copy with} AMY LESCH, BUSINESS DOCUMENT SPECIALIST
the agent for service on the person in this proceeding designated under Rule 307 BCL and tendering the required fee.
Service having been made to such person at the place, date and time above.
Affixing ro Door, Ere.
D By affixing a true copy of each to the door of the actual
place of business , dwelling place or usual
place of abode stated above.
Deponent was unable with due diligence to find the proper or authorized person to be served, or a person of suitable age and
discretion al the actual
place of business, dwelling place or usual place of abode stated above after having called there on the
following dates and times:
~ ~ Deponent completed service by depositing a true copy of each in a postpaid , properly addressed envelope in an official depository
under the exclusive care and custody of the United States Postal Service. The package was labeled "Personal & Confidential"
and mailed to the person stated above at address 96 EAST 38th STREET PATTERSON , NJ 07514
on 1/7/2022 . The envelope did not indicate on the outside that the communication was from an attorney or concerned an action
against the recipie nt. The envelope was mailed by _certified mailLregistered mail K._return receipt requested .
Notice of service upon the Secretary of State was enclosed. Certified or Registered#: RE 674 922 723 US
)ESCRIPTION} deponent describes the person actually served as:
;ex: FEMALE Race/Skin Color: WHITE Haµ:--Ee~r: BLONDE
'\pproximate Age: 45 years Approximate Height: 5'8" proxi / ate Weight: 160 pounds
)ther:
I
,ubscribed a
Attorney:
GILBERT & MARTIN LLP MARK E. MCCLOSKY
fotary Public, State of New York 45-47 WI CKHAM A VENUE
:aren E. Rock MIDDLETOWN,NY 10940 Deponent
845-342-1 155
)ualified in Schenectady County
lumber OI R060652 I3
:xpires: October 9, 2025 FIRM FILE#
affidavit#: 245663
NLS#: 22-76
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FILED: ORANGE COUNTY CLERK 02/15/2022
09/08/2022 01:52
03:48 PM INDEX NO. EF008138-2021
NYSCEF DOC. NO. 6
20 RECEIVED NYSCEF: 02/15/2022
09/08/2022
Date Stamp
'fZ2 72.,~ u.s ,' ..0-::---..
...::. ,...
I z}-1, S-"'i l~~~~ervices & Fees , ✓-- • ;--
/ ·,
Extra Services & Fees / ' ?-
â–¡ Registered
Mail$_ __
..,
~., D Return Receipt
(hardcopy) $,_ _ _ __
,, -72022
.!! -~
a.:t:
eo
o- â–¡ Return Receipt >------------.---<1 ~
(.) :g & Fees
Total Postage
(electronic)$._ _ _ _ _
a,O.
m >- D Restricted Delivery$_ _
$ ~
~ m
Customer M Declare Received by / \ o.
. ~ ~;a;~o$50,000
Full Value \ ~:~~: va~S:.~n~~~a:rinal
·v Indemnity is limited. (See Reverse).
OFFICIAL USE
JI~
'0
g
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0 C a:
:i O LL
<;.E~
m.:;
'0ll.
.! a.
Im, BLACK MAGNET ENTERPRISES, INC.
E ii:
o- 96 EAST 38th STREET
.,
(J
PATTERSON, NJ 07514
ID
~
PS Form 3806, Registered Mall Hece1p1 r.;opy 1 - 1.,;usromer
April2015, PSN 7530-02-000-9051 (See Information on Reverse)
t- -j
For domestic delivery information, visit our website at www.usps.com ®
2 of 4
FILED: ORANGE COUNTY CLERK 02/15/2022
09/08/2022 01:52
03:48 PM INDEX NO. EF008138-2021
NYSCEF DOC. NO. 6
20 RECEIVED NYSCEF: 02/15/2022
09/08/2022
SUPREME COURT
COUNTY OF ORANGE; STATE OF NEW YORK
-------------------------------------------------------------
FEC-DR Y LLC, GOLDEN CORRAL 360, INC.,
Affidavit of Service
Plaintiff(s),
-against- INDEX #EF008 l 3 8-2021
FILED
BLACK MAGNET ENTERPRISES, INC.,
CHARLES McNEILL, NOELA McNEILL,
THERESA SALMON, CLEON WEBSTER and
BRENDA BELMONT,
Defendant(s),
------------------------------------------------------------------------
State ofNew York; County of Orange ss:
N.C. Constantino, deponent herein, being duly sworn, hereby states that: I am not a party to this action, I
am over the age of 18 years, and that I reside in Middletown, New York. Further,
On December 28, 2021 at 5: 11pm at 360 Route 21 I East, Middletown, New York, deponent served the
within "Notice of Electronic Filing, Summons and Verified Complaint" on Black Magnet Enterprises, Inc.,
a domestic business corporation, by:
_ x_ delivering a true copy thereof to James Bruyn, the Manager thereof,
who was willing to accept on behalf of the defendant.
Deponent describes the defendant/respondent/recipient as follows:
Sex: Color: Hair: Age: Height: Weight:
x Male x White - Black _ 14-20 yrs. Under 5' Under IOOlbs.
Female Black x Brown x_21-35 yrs. 5'0"-5'3" I OO- I 30lbs.
Brown - Blonde _ 36-50 yrs. X 5'4"-5 ' 8" x 13 l-160lbs.
Other: - Other _ Graying _ 51-65 yrs. 5'9"-6'0" 161-200lbs.
- Glasses - White 65+ 6'+ Over 200lbs.
Mustache - Red
Beard Other
Other identifying features: - - - - - - - - - - - + - - - + - - - - - - - - - - - - -
• I\
_x_ Deponent further states that the Index number was clearly visibl
Sworn to before me 12/29/21
tl!i!if.UL Li
~Dillon - #0 I DI6265340
~
Notary Public - State of New York
Qualified in Orange County
Commission Expires July 9, 2024
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INDEX NO. EF008138-2021
FILED:
LJ
NYSCEF
lffllM
DOC.
ORANGE
NO.
I ::, I - COUNTY
1:11
6
20
of Service olCLERK
Affidavit
Mecboda: Carp.
02/15/2022
09/08/2022
P-1 or Al12nwive
SIIINIIDGS cw Subpaea&:·
Scmct. 10
ar Ind.: Military 1-9S
pt. typo,
01:52
03:48 PM
RECEIVED
e I 9U .JIA.AIS IIIUI-G. INC.,
~NYCl0013
NYSCEF: 02/15/2022
09/08/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ORANGE
lndexNo. EF-008138-2021
FEC-DRY LLC., GOLDENCORRAL 360,INC.
Plaintiff(s) AFFIDAVIT OF
against SERVICE OF SUMMONS
BLACK MAGNET ENTERPRISES,INC (AND COMPWNT)
et al SUMMONS AND VERIFIED
Defendant(s) COMPLAINT
NOTICE OF ELECTRONIC FILING
NEW JERSEY
STATE OF~'f3Rl, COUNTY OF PASSAIC SS: The undersigned, being duly sworn, deposes and says; deponent is not a
pany herein, is over 18 years of age and resides at
WAYNE, NEW JERSEY
Thaton 12/23/21 at 11:49AM.,at 96 EAST 38TH STREET, PATERSON NJ
deponent served the within summons, and complaint on BLACK MAGNET ENTERPRISES, INC defendant therein named.
•DMDUAI. by delivering a true copy of each to said defendant personally; deponent knew the person so served to be the person described as
,. â–¡ said defendant therein.
CDMIIIATIOII a DOMESTIC corporation, by delivering thereat a true copy of each to
ROBERT BELMONT
z. K} personally, deponent knew said corporation so served to be the corporation described in said summons as said defendant and
knew said individual to be MANAGING AGENT thereof.
by delivering thereat a true copy of each to
surruu AGE l"EIISON a person of suitable age
s. â–¡ and discretion. Said premises is defendant's-actual place of business-dwelling place-usual place of abode-within the state.
by affixing a true copy of each to the door of said premises, which is defendant's-actual place of business-dwelling place-
AFRXIIIG 'Ill DOOR, £TC.
4. â–¡ usual place of abode-within the state. Deponent was unable, with due diligence to find defendant or a person of suitable age
and discretion thereat, having called there
IIAILINGTD Within 20 days of such delivery or affixing, deponent enclosed a copy of same in a postpaid envelope properly addressed to
IIEIIDEIICE
USEWITIUOA4 defendant at defendan.'s last known residence, at and deposited
5l.â–¡ said envelope in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State.
IIAILIIIG TD Within 20 days of such delivery or affixing, deponent enclosed a copy of same in a firstclass post paidenvelope properly
IUSIIIEU
USEW111i30R4 addressed to defendant at defendant's actual place of business, at
51.â–¡ in an official depository under the exclusive care and custody of the U.S. Postal Service within New Yorlc State. The envelope bore
thelegend "Personal and Confidential" and did not indicateon the outside thereof,by returnaddress or otherwise, that the
communication was from an attorney or concerned an action against the defendant.
DESCRIPTION 0 Male D White Skin ~ Black Hair O White Hair O 14-20 Yrs. 0 Under 5' D Under 100 Lbs.
USE wmt
1, %, 0113 D Female ra Black Skin O Brown Hair O Balding â–¡ 21-35 Yrs. 0 .S'0"-5'3" 0 100-130 Lbs.
u â–¡ Yellow Slcin D Blonde Hair O Mustache â–¡ 36-50 Yrs. 0 5'4"-5'8" 0 131-160Lbs.
D Brown Slcin D Gray Hair D Beard ~ 51-65 Yrs. ra 5'9"-6'0" ~ 161-200 Lbs.
D Red Skin D Red Hair 129 Glasses D Over 65 Yrs. D Over 6' D Over 200 Lbs.
Other identifying features:
USE â–
lffCCMlc;I'. The words "CONSUMER CREDIT TRANSACTION" were prominently displayed at the top of the summons(es) and the additional
□ legend was printed in not less than 12 point bold upper case type on the surnrnons(es) pursuant to 22 NYCRR §208.6(d) and (f).
IIIUT.MY
I asked the person spoken to whether recipient was in active military service of the United States o
e State of New Y rl: in any
sEJl-:E capacity whatever and received a negative reply. Recipient wore ordinary civilian clothes no military uniform. e source of
u my information and the grounds of my belief arethe conversations and observ~ s above narrated. Upq · formation and
belief I aver that the recipient is not in military service of New York State or o ~ United S ~ a t is defined in either
-·- -Ulc ~3Uiic-·or iu U1~ F~~,a.1 5:arr.&~.
Sworn to before me on \L,\ LindalLIJachera
2,(J}
Feldman
R
PRINT- -..,n,
FELDMAN
-T\MS ...... ..
Notary Public of the License No •••2••••••
03 3274
•--• ••••n•• ••• --•••••••••••
State o ~w Nersey
c~miMi<:m - €Hi 1irn /2024
~~
T11J~T1r-nn~~- ri--1c sinnmnnatf xes and fill in blanks. Delete inappropriate
4 of 4italici7.ed language and military sel"Vitt allegation If not applicable.