Preview
FILED: LIVINGSTON COUNTY CLERK 06/29/2022 10:23 AM INDEX NO. 000100-2021
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/29/2022
Andrea K. Bailey, County Clerk
Livingston County Government Center
6 Court Street, Room 201
Geneseo, New York 14454
(585) 243-7010 ~ Fax (585) 243-7928
Livingston County Clerk Recording Page
Received From: Return To:
SARA Z. BORISKIN SARA Z. BORISKIN
Document Type: CIVIL ACTION - MISC Document Desc: EXHIBIT(S)
Plaintiff Defendant
U.S. BANK NATIONAL ASSOCIATION JOHN DOE #1 through JOHN DOE #12,
the last twelve names being fictitious and
unknown to plaintiff, the persons or parties
intended being the tenants, occupants, persons
or corporations, if any, having or claiming an
interest in or lien upon the Subject Property
described in the complaint,
SANDERS DAVID C.
Recorded Information:
State of New York
Index #: 000100-2021 County of Livingston
EFiling through NYSCEF
Livingston County Clerk
This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York
AKB
Do Not Detach
IndexNO.
INDEX # : 000100-2021
000100-2021
FILED: LIVINGSTON COUNTY CLERK 06/29/2022 10:23 AM
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/29/2022
EXHIBIT G
IndexNO.
INDEX #: 000100-2021
000100-2021
FILED: LIVINGSTON COUNTY CLERK 06/29/2022 10:23 AM
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/29/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF LIVINGSTON
----------------------------------------------------------------------X INDEX NO.: 000100-2021
U.S. BANK NATIONAL ASSOCIATION,
AFFIRMATION OF NON-
Plaintiff, MILITARY SERVICE
-against-
DAVID C. SANDERS, et al.
Defendants.
----------------------------------------------------------------------X
I, Matthew Rothstein, Esq., pursuant to CPLR § 2106 [NYCLS] and under the penalties
of perjury, affirms as follows:
1. I am an associate with ROBERTSON, ANSCHUTZ, SCHNEID, CRANE &
PARTNERS, PLLC attorneys for plaintiff in the above-entitled action.
2. I submit this affirmation in support of the Plaintiff's application for entry of judgment against
DAVID C. SANDERS.
3. Our office verified the military status of Defendant DAVID C. SANDERS through the
Defense Manpower Data Center Military Verification Service.
4. The results of our investigation indicate that the Defendant DAVID C. SANDERS is not
active in the military. A copy of the search results are annexed hereto.
5. Based upon the foregoing, Plaintiff respectfully requests that application before this Court be
granted and entered.
Date: June 16, 2022
Westbury, NY
ROBERTSON, ANSCHUTZ, SCHNEID,
CRANE & PARTNERS, PLLC
Matthew Rothstein
_________________________________________
Matthew Rothstein, Esq.
Attorneys for Plaintiff
900 Merchants Concourse, Suite 310
Westbury, NY 11590
Telephone: 516-280-7675
20-083296 - KiS
IndexNO.
INDEX #: 000100-2021
000100-2021
FILED: LIVINGSTON COUNTY CLERK 06/29/2022 10:23 AM
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/29/2022
Department of Defense Manpower Data Center Results
as of : Jun-27-2022
09:33:48 AM
SCRA 5.13
SSN: XXX-XX-
Birth Date:
Last Name: SANDERS
First Name: DAVID
Middle Name:
Status As Of: Jun-27-2022
Certificate ID: Y1XY3D551TGS0HZ
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
Upon searching the data banks of the Department 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 information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
IndexNO.
INDEX #: 000100-2021
000100-2021
FILED: LIVINGSTON COUNTY CLERK 06/29/2022 10:23 AM
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/29/2022
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 Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family
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 contacting 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.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 verification, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response reflects the following information:
(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days
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.
More information on "Active Duty Status"
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 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
President and supported 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
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.
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
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 last 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.
IndexNO.
INDEX #: 000100-2021
000100-2021
FILED: LIVINGSTON COUNTY CLERK 06/29/2022 10:23 AM
6/27/22, 9:34 AM PACER Case Locator - Receipt
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/29/2022
PACER Service Center 06/27/2022 08:34:06
User
Client Code
Description All Court Types Party Search
All Courts; SSN ; All Courts;
Jurisdiction BK; Page: 1
Billable
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Preview
FILED: LIVINGSTON COUNTY CLERK 06/29/2022 10:23 AM INDEX NO. 000100-2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/29/2022 Andrea K. Bailey, County Clerk Livingston County Government Center 6 Court Street, Room 201 Geneseo, New York 14454 (585) 243-7010 ~ Fax (585) 243-7928 Livingston County Clerk Recording Page Received From: Return To: SARA Z. BORISKIN SARA Z. BORISKIN Document Type: CIVIL ACTION - MISC Document Desc: EXHIBIT(S) Plaintiff Defendant U.S. BANK NATIONAL ASSOCIATION JOHN DOE #1 through JOHN DOE #12, the last twelve names being fictitious and unknown to plaintiff, the persons or parties intended being the tenants, occupants, persons or corporations, if any, having or claiming an interest in or lien upon the Subject Property described in the complaint, SANDERS DAVID C. Recorded Information: State of New York Index #: 000100-2021 County of Livingston EFiling through NYSCEF Livingston County Clerk This sheet constitutes the Clerk’s endorsement required by section 319 of the Real Property Law of the State of New York AKB Do Not Detach IndexNO. INDEX # : 000100-2021 000100-2021 FILED: LIVINGSTON COUNTY CLERK 06/29/2022 10:23 AM NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/29/2022 EXHIBIT G IndexNO. INDEX #: 000100-2021 000100-2021 FILED: LIVINGSTON COUNTY CLERK 06/29/2022 10:23 AM NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/29/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF LIVINGSTON ----------------------------------------------------------------------X INDEX NO.: 000100-2021 U.S. BANK NATIONAL ASSOCIATION, AFFIRMATION OF NON- Plaintiff, MILITARY SERVICE -against- DAVID C. SANDERS, et al. Defendants. ----------------------------------------------------------------------X I, Matthew Rothstein, Esq., pursuant to CPLR § 2106 [NYCLS] and under the penalties of perjury, affirms as follows: 1. I am an associate with ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC attorneys for plaintiff in the above-entitled action. 2. I submit this affirmation in support of the Plaintiff's application for entry of judgment against DAVID C. SANDERS. 3. Our office verified the military status of Defendant DAVID C. SANDERS through the Defense Manpower Data Center Military Verification Service. 4. The results of our investigation indicate that the Defendant DAVID C. SANDERS is not active in the military. A copy of the search results are annexed hereto. 5. Based upon the foregoing, Plaintiff respectfully requests that application before this Court be granted and entered. Date: June 16, 2022 Westbury, NY ROBERTSON, ANSCHUTZ, SCHNEID, CRANE & PARTNERS, PLLC Matthew Rothstein _________________________________________ Matthew Rothstein, Esq. Attorneys for Plaintiff 900 Merchants Concourse, Suite 310 Westbury, NY 11590 Telephone: 516-280-7675 20-083296 - KiS IndexNO. INDEX #: 000100-2021 000100-2021 FILED: LIVINGSTON COUNTY CLERK 06/29/2022 10:23 AM NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/29/2022 Department of Defense Manpower Data Center Results as of : Jun-27-2022 09:33:48 AM SCRA 5.13 SSN: XXX-XX- Birth Date: Last Name: SANDERS First Name: DAVID Middle Name: Status As Of: Jun-27-2022 Certificate ID: Y1XY3D551TGS0HZ On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department 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 information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 IndexNO. INDEX #: 000100-2021 000100-2021 FILED: LIVINGSTON COUNTY CLERK 06/29/2022 10:23 AM NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/29/2022 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 Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced only a small error rate. In the event the individual referenced above, or any family 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 contacting 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.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 verification, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following information: (1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days 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. More information on "Active Duty Status" 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 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 President and supported 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 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. 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 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 last 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. IndexNO. INDEX #: 000100-2021 000100-2021 FILED: LIVINGSTON COUNTY CLERK 06/29/2022 10:23 AM 6/27/22, 9:34 AM PACER Case Locator - Receipt NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 06/29/2022 PACER Service Center 06/27/2022 08:34:06 User Client Code Description All Court Types Party Search All Courts; SSN ; All Courts; Jurisdiction BK; Page: 1 Billable 1 ($0.10) Pages https://pcl.uscourts.gov/pcl/pages/print/receipt.jsf 1/1