Preview
FILED: DUTCHESS COUNTY CLERK 11/19/2021 11:04 AM INDEX NO. 2021-54271
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/19/2021
SUPREME COURT OF THE STATE OF NEW YORK Roach & Lin, P.C.
COUNTY OF DUTCHESS Index No: 2021-54271
------------ ----------- ----- ---X Date Filed: 10/19/2021
PARK TREE INVESTMENTS 19, LLC
Plaintiff(s),
-against- NON-MILITARY AFFIDAVIT
MICHAEL KORAN, ET AL.,
Defendant(s).
__________ ___ -X
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS.
1, Barbara Verrico. being duly sworn, certify that the following information istrue:
1. That I am over eighteen (18) years of age and believe in the obligation of an oath.
2. That Defendant, MICHAEL D. KORAN, is not in the Armed Services as defined in the
Members'
Service Civil Relief Act.
3. The source of my knowledge is as follows:
a. That I have conducted an investigation and found that Defendant, MICHAEL D.
KORAN, isnot on active duty in the Anned Forces of the United States.
b. That I have inquired of the Anned Services of the United States, on November 16,
2021, to determine ifDefendant, MICHAEL D. KORAN, is a member of the Armed Services, and am
attaching a certificatestating Defendant, MICHAEL D. KORAN isnot now inthe Armed Services.
I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this
affidavit, and that the punishment for knowingly making a false statement includes fines and/or
imprisonment.
Dated: November 16. 2021
Barbara Verrico
RELIANT COURT SERVICES, INC.
3275 Veterans Memorial Highway, Ste. B-12
Ronkonkoma, New York I 1779
NYC DCWP Process Serving Agency
Lic#: 1382164 - DCA
Sworn and subscribed to before me on
this 16th day of November, 2021
Notary Public
MARIE KRINIS
NotaryPublic,Stateof NewYork
No. 01KR6199537
Qualifiedin Nassau
County
Commission Expires1/20/2025
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FILED: DUTCHESS COUNTY CLERK 11/19/2021 11:04 AM INDEX NO. 2021-54271
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/19/2021
Department of Defense Manpower Data Center Resuns
asoL Nov-16-2021
10W9 AM
SCRA5.1I
"
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN:
Birth Date: Jun-XX-1963
Last Name: KORAN
First Name: MICHAEL
Middle Name: D
Status As Of: Nov-15-2021
Certificate ID: 7LZV4Y5MQ8CFR3P
OnActiveDutyOnActiveDutyStatusDate
..........
ActiveDutyStartDate ActiveDUtyEndDate Status ServiceComponent
NA NA NA
Thisresponse activedutystatusbasedontheActiveDutyStatusDate
reliectstheindividuals
teft ActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA . NA . . No NA
Thisresponse
reflects
wheretheindividual
leftactivedutystatuswithin367dayspreceding
theActiveDutyStatusDate
TheMember
orHis/Her
UnitWasNotified toActiveDutyonActiveDutyStatusDate
ofa FutureCatl-Up
OrderNotification
StartDate OrderNotification
EndDate Status Service
Component
NA NA No NA
Thisresponse
rehects
whether
theindlyidual
Orhis/herunithasteceived
earlynotification
toreportforactiveduty
Upon seà iddng nformahon that you provided, the above is the status of
the data banks of the Depadmard of Defense Manpower Data Center, based on the
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 informetion on a Servicemember
or his/her unit receiving notification at future arders to report for Active Duty.
HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY
ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY
IDENTIFY AN INDIVIDUAL
Michael V. Sorrento, Director
Departmentof Defense - Manpower Data Center
400 Gigling Rd.
Seaside,CA 93955
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FILED: DUTCHESS COUNTY CLERK 11/19/2021 11:04 AM INDEX NO. 2021-54271
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/19/2021
The Defense Manpower 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 Servicemembers Givil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as
Soldiers'
the and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any informat on indicating that the
individual is currently on active duty" respemes,
and has expedenced only a small error rate. in the event the individual referenced above, or any family
member, friend, or repm:M!e 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 contacting that person¹s Service. Service contact
information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs.
If you have evidence the person
was on active duty for the active duty status date and you fail to obtain this additional Service verincâtica, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response reflects the following intermetion:
(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 deys
preceding 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 accordance with f 0 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 resp0ading to a national emergency declared by the
President and mnpeded
by Federal funds.
All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the
unit they support,
This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Administrator
(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
reported as on Active Duty under this certificate.
SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services 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 protections. Persons seeking to rely on this website
cedification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service.
urtherrñore, 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
actually begun active duty or actually reported for induction.
The Last Date on Active Duty entry is important because a number of protections of the SCRA
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
WARNING: This certificate was provided based on a tast name, SSN/date of birth, and active duty status date provided by the requester.
Providing
erroneous information will cause an erroneous certificate to be provided.
3 of 3
Preview
FILED: DUTCHESS COUNTY CLERK 11/19/2021 11:04 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/19/2021 SUPREME COURT OF THE STATE OF NEW YORK Roach & Lin, P.C. COUNTY OF DUTCHESS Index No: 2021-54271 ------------ ----------- ----- ---X Date Filed: 10/19/2021 PARK TREE INVESTMENTS 19, LLC Plaintiff(s), -against- NON-MILITARY AFFIDAVIT MICHAEL KORAN, ET AL., Defendant(s). __________ ___ -X STATE OF NEW YORK) COUNTY OF SUFFOLK) SS. 1, Barbara Verrico. being duly sworn, certify that the following information istrue: 1. That I am over eighteen (18) years of age and believe in the obligation of an oath. 2. That Defendant, MICHAEL D. KORAN, is not in the Armed Services as defined in the Members' Service Civil Relief Act. 3. The source of my knowledge is as follows: a. That I have conducted an investigation and found that Defendant, MICHAEL D. KORAN, isnot on active duty in the Anned Forces of the United States. b. That I have inquired of the Anned Services of the United States, on November 16, 2021, to determine ifDefendant, MICHAEL D. KORAN, is a member of the Armed Services, and am attaching a certificatestating Defendant, MICHAEL D. KORAN isnot now inthe Armed Services. I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit, and that the punishment for knowingly making a false statement includes fines and/or imprisonment. Dated: November 16. 2021 Barbara Verrico RELIANT COURT SERVICES, INC. 3275 Veterans Memorial Highway, Ste. B-12 Ronkonkoma, New York I 1779 NYC DCWP Process Serving Agency Lic#: 1382164 - DCA Sworn and subscribed to before me on this 16th day of November, 2021 Notary Public MARIE KRINIS NotaryPublic,Stateof NewYork No. 01KR6199537 Qualifiedin Nassau County Commission Expires1/20/2025 1 of 3 FILED: DUTCHESS COUNTY CLERK 11/19/2021 11:04 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/19/2021 Department of Defense Manpower Data Center Resuns asoL Nov-16-2021 10W9 AM SCRA5.1I " Status Report Pursuant to Servicemembers Civil Relief Act SSN: Birth Date: Jun-XX-1963 Last Name: KORAN First Name: MICHAEL Middle Name: D Status As Of: Nov-15-2021 Certificate ID: 7LZV4Y5MQ8CFR3P OnActiveDutyOnActiveDutyStatusDate .......... ActiveDutyStartDate ActiveDUtyEndDate Status ServiceComponent NA NA NA Thisresponse activedutystatusbasedontheActiveDutyStatusDate reliectstheindividuals teft ActiveDutyWithin367DaysofActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Service Component NA . NA . . No NA Thisresponse reflects wheretheindividual leftactivedutystatuswithin367dayspreceding theActiveDutyStatusDate TheMember orHis/Her UnitWasNotified toActiveDutyonActiveDutyStatusDate ofa FutureCatl-Up OrderNotification StartDate OrderNotification EndDate Status Service Component NA NA No NA Thisresponse rehects whether theindlyidual Orhis/herunithasteceived earlynotification toreportforactiveduty Upon seà iddng nformahon that you provided, the above is the status of the data banks of the Depadmard of Defense Manpower Data Center, based on the 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 informetion on a Servicemember or his/her unit receiving notification at future arders to report for Active Duty. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL Michael V. Sorrento, Director Departmentof Defense - Manpower Data Center 400 Gigling Rd. Seaside,CA 93955 2 of 3 FILED: DUTCHESS COUNTY CLERK 11/19/2021 11:04 AM INDEX NO. 2021-54271 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 11/19/2021 The Defense Manpower 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 Servicemembers Givil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as Soldiers' the and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any informat on indicating that the individual is currently on active duty" respemes, and has expedenced only a small error rate. in the event the individual referenced above, or any family member, friend, or repm:M!e 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 contacting that person¹s Service. Service contact information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.osd.mil/scra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verincâtica, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following intermetion: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 deys preceding 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 accordance with f 0 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 resp0ading to a national emergency declared by the President and mnpeded by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mobilization position in the unit they support, This includes Navy Training and Administration of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Administrator (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 reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services 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 protections. Persons seeking to rely on this website cedification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. urtherrñore, 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 actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA 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 WARNING: This certificate was provided based on a tast name, SSN/date of birth, and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. 3 of 3