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FILED: ROCKLAND COUNTY CLERK 12/11/2014 11:40 AM INDEX NO. 034293/2011
NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 12/11/2014
Exhibit B
RUPPBAASE PFALZGRAF,
CUNNNcHA44oPPoLA LLC
Attorneys at Law 1600 LERi’y BUILDING, 424 MAIN STREET, Bijw&io, NEw YORK 14202
P (716) 854-3400 IF (716) 332-0336 www.ruppbaase.com
VERONICA L. KRAUSE
COLLECTIONS ADMINISTRATOR
krause@ruppbaase.com
May 28, 2014
Via Certified Mail
Return Receipt Requested
Shaya Brown
54 N. Cole Avenue
Spring Valley, New York 10977
Dear Mr. Brown:
Re: M&T Bank Corporation
v. Global Sign Cleaning & Maintenance, Inc. and Shaya Brown
Index #: 034293/2011
Our file #: 1985.8655
We are the attorneys for the plaintiff, M&T Bank Corporation, the judgment creditor in the
above matter. Enclosed is an information subpoena together with a restraining notice in connection
with any
and all property owned by you.
Also enclosed are an original and one copy of a questionnaire for your completion. You are
directed to answer the questions enclosed, in writing, within seven (7) days of your receipt. Your signature on
these questions and answers must be witnessed by a notary public. A postage-paid envelope is included
herewith for your convenience in returning your questions and answers to me.
As indicated in the enclosed Information Subpoena, “.. .false swearing or failure to comply
with this subpoena is punishable as a contempt of court.”
If you have any questions, please feel free to contact me.
Thank you for your cooperation in this matter.
Very truly yours,
Veronica Krause
Collections Administrator
Its
Enclosure(s)
WE MAY BE ACTING AS A “DEBT COLLECTOR” TO COLLECT AMOUNTS
DUE AND OWING TO M&T BANK. ANY INFORMATION OBTAINED BY US
FROM YOU OR ABOUT YOU WILL BE USED FOR THAT PURPOSE.
OFFICES
ROCHESTER 300 POWERS BUILDING, 16 WESt MAIN SmET. ROCHESTER. Ntw YORK 14614
IP(585) 381-3400IF (585) 381-6219
LOCKPORT 172 Nw YORK
EAST AVENUE. LOCKPORT, 14094 I I
P (716) 438-0488 F(716)438-0489
STATE OF NEW YORK
SUPREME COURT :COUNTY OF ROCKLAND Index/Docket No. 034293/2011
M&T BANK CORPORATION
475 Crosspoint Parkway
Getzville, New York 14068,
Plaintiff,
vs. INFORMATION SUBPOENA
(with Restraining Notice)
GLOBAL SIGN CLEANING & MAINTENANCE, INC.
and SHAYA BROWN,
RE: Shaya Brown
Judgment Debtor(s)
Defendant(s).
-
THE PEOPLE OF THE STATE OF NEW YORK
TO: 54 N. Cole Avenue, Spring Valley, New York 10977
(The person td be examined)
GREETING:
WHEREAS, in action in the Supreme Court, County of Rockland, between M&T Bank Corporation,
as plaintiff, and the above named defendant(s), who are all parties named in said action, a judgment was entered
on January 10, 2013, in favor of M&T Bank Corporation, judgment creditor, and
against the above named
defendant(s), whose last known address(es) is/are as above, in the amount of $38,047.52 including costs, of
which $38,047.52 together with interest thereon from the date of judgment, remains due and unpaid;
WHEREAS, the person to whom this subpoena is directed resides in Rockland County
; and
YOU ARE HEREBY COMMANDED to answer in writing under oath,
separately and fully, each
question inthe questionnaire accompanying this subpoena, each answer referring to the question
responds; and that to which it
you return the answers together with the original of the questions within seven (7) days after
your receipt of the questions and this subpoena.
TAKE NOTICE that false swearing or failure to comply with this subpoena is punishable as a
contempt of court.
I HEREBY CERTIFY that this information subpoena complies with CPLR §5224 and §601 of the
General Business Law of the Civil Practice Law. I have a reasonable belief that the party receiving this
subpoena has in their possession information about the debtor that will assist the credito
judgment. r in collecting the
WITNESS, Hon. Francis A. Nicolai, one of the Judges of our said Court at the courthouse inthe
County of Rockland, this 28th day of May, 2014.
WE MAY BE ACTING AS A “DEBT COLLECTOR’ TO COLLECT AMOUNTS
DUE AND OWING TO M&T BANK. ANY INFORMATION OBTAINED BY US
FROM YOU OR ABOUT YOU WILL BE USED FOR
THAT PURPOSE.
RESTRAINING NOTICE ON REVERSE SIDE
RESTRAINING NOTICE TO JUDGMENT DEBTOR
TAKE NOTICE that pursuant to subdivision (b) of §5222 of the Civil Practice Law and Rules, which
is set forth in full herein, you are hereby forbidden to make or suffer any sale, assignment or transfer of, or any
interference with any property in which you have an interest except as therein provided.
CIVIL LAW AND PRACTICE RULES
§5222(b) Effect of restraint; prohibition of transfer; duration. A judgment debtor or obligor served with a
restraining notice is forbidden to make of suffer any sale, assignment, transfer or interference with any property
in which he or she has an interest, except as set forth in subdivisions (Ii) and (i) of this section, and except upon
direction of the sheriff or pursuant to an order of the court, until the judgment or order is satisfied or vacated. A
restraining notice served upon a person other than the judgment debtor or obligor is effective only if, at the time
of service, he or she owes a debt to the judgment debtor or obligor or he or she is in possession or custody of
property in which he or she knows or has reason to believe the judgment debtor or obligor has an interest, or if
the judgment creditor or support collection unit has stated in the notice that a specified debt is owed by the
person served to the judgment debtor or obligor or that the judgment debtor or obligor has an interest in
specified property in the possession or custody of the person served. All property in which the judgment debtor
or obligor is known or believed to have an interest then in and thereafter coming into the possession or custody
of such a person, including any specified in the notice, and all debts of such a person, including any specified in
the notice, then due and thereafter coming due to the judgment debtor or obligor, shall be subject to the notice
except as set forth in subdivisions (h) and (i) of this section. Such a person is forbidden to make or suffer any
sale, assignment or transfer of, or any interference with, any such property, or pay over or otherwise dispose of
any such debt, to any person other than the sheriff or support collection until except as set forth in subdivisions
(h) and (i) of this section, and except upon direction of the sheriff or pursuant to an order of the court, until the
expiration of one year after the notice is served upon him, or until the judgment or order is satisfied or vacated,
whichever event first occurs. A judgment creditor or support collection unit which has specified personal
property or debt in a restraining notice shall be liable to the owner of the property or the person to whom the
debt is owed, if other than the judgment debtor, for any damages sustained by the reason of the restraint, If a
garnishee served with a restraining notice withholds the payment of money belonging or owed to the judgment
debtor or obligor in an amount equal to twice the amount due on the judgment or order, the restraining notice is
not effective as to other property or money.
TAKE FURTHER NOTICE that disobedience of this Restraining Notice is punishable as a contempt
of court.
Dated: May 28, 2014
RUPP, BAASE, PFALZGRAF,
LLC
Lody
1600 Liberty Building
Buffalo, New York 14202-3502
(716) 854-3400
WE MAY BE ACTING AS A “DEBT COLLECTOR” TO COLLECT AMOUNTS
DUE AND OWING TO M&T BANK. ANY INFORMATION OBTAINED BY US
FROM YOU OR ABOUT YOU WILL BE USED FOR THAT PURPOSE.
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ROCKLAND
M&T BANK CORPORATION
475 Crosspoint Parkway
Getzville, New York 14068,
Plaintiff, Index No.: 034293/2011
vs.
GLOBAL SIGN CLEANING & MAINTENANCE, INC.
and SHAYA BROWN,
Defendant(s).
ATTORNEY CERTIFICATION
STATE OF NEW YORK )
ss.
COUNTY OF ERIE )
Erin L. Cody, Esq., being a duly licensed attorney at law in the State of New York, hereby
certifies, as an officer of the Court, under penalty of perjury:
1. This certification accompanies an information subpoena dated May 28, 2014.
2. 1 represent the plaintiff in the above-referenced matter on whose behalf the
document described in paragraph one has been served.
3. I hereby certify that this information subpoena complies with Rule 5224 of the Civil Practice
Law and Rules and Section 601 of the General Business Law that I have a reasonable belief
that the party receiving this subpoena has in their possession information about the debtor that
will assist the creditor in collecting the judgment.
Dated: May 28, 2014
Buffalo, New York
En n , Esq.
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ROCKLAND Index[Docket No. 034293/2011
M&T BANK CORPORATION QUESTIONS AND ANSWERS
475 Crosspoint Parkway
Getzville, New York 14068,
Plaintiff,
vs.
GLOBAL SIGN CLEANING & MAINTENANCE, INC. RE: Shaya Brown
and SHAYA BROWN, Judgment Debtor(s)
Defendant(s).
TO: 54 N. Cole Avenue, Spring Valley, New York 10977
1.Q. What is your full name? A.
2.Q. Are you known by any other names? A.
3.Q. What is your social security number? A.
4.Q. What is your present address? A.
5.0. Does anyone else live with you at that address? If so, whom? A.
6.0. Do you rent or own the above address? A.
7.Q. If you own the above property, what was the purchase price, year of purchase and what
financial
institution holds the mortgage? A.
Is this property currently in foreclosure? A.
Is this property currently in the process of being sold? A.
8.Q. Do you own any other real property? If so, what is the address. A.
9.Q. Are you currently employed? If so, state name and address of employer. A.
10.0. Are you self-employed? If so,under what name do you do business?
By whom is your company currently employed or doing business with?
11.0. Do you receive any other income? (ex. alimony, child support, inheritance, royalties, etc.) If so,
explain. A.
[CONTINUED ON REVERSE]
[CONTINUED FROM REVERSE]
12.Q. If not employed, how do you support yourself financially? A.
13.Q. Do you have any savings or checking accounts? If so, state name of financial institution and
branch. A.
14.Q. Do you have any retirement accounts? If so, explain. A.
15.Q. Do you own any automobiles, boats, snowmobiles or airplanes? If so, state year, model and make.
A.
16.Q. Do you have any other judgments against you? If so, explain. A.
17.Q. Have you ever been bankrupt? If so, provide case number. A.
18.Q. Does anyone owe you money? If so, explain. A.
19.Q. How much could you pay on a monthly basis toward to this judgment? A.
Sworn to before me this
dayof
Signature - print or type name beneath
Notary Public
Preview
FILED: ROCKLAND COUNTY CLERK 12/11/2014 11:40 AM INDEX NO. 034293/2011 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 12/11/2014 Exhibit B RUPPBAASE PFALZGRAF, CUNNNcHA44oPPoLA LLC Attorneys at Law 1600 LERi’y BUILDING, 424 MAIN STREET, Bijw&io, NEw YORK 14202 P (716) 854-3400 IF (716) 332-0336 www.ruppbaase.com VERONICA L. KRAUSE COLLECTIONS ADMINISTRATOR krause@ruppbaase.com May 28, 2014 Via Certified Mail Return Receipt Requested Shaya Brown 54 N. Cole Avenue Spring Valley, New York 10977 Dear Mr. Brown: Re: M&T Bank Corporation v. Global Sign Cleaning & Maintenance, Inc. and Shaya Brown Index #: 034293/2011 Our file #: 1985.8655 We are the attorneys for the plaintiff, M&T Bank Corporation, the judgment creditor in the above matter. Enclosed is an information subpoena together with a restraining notice in connection with any and all property owned by you. Also enclosed are an original and one copy of a questionnaire for your completion. You are directed to answer the questions enclosed, in writing, within seven (7) days of your receipt. Your signature on these questions and answers must be witnessed by a notary public. A postage-paid envelope is included herewith for your convenience in returning your questions and answers to me. As indicated in the enclosed Information Subpoena, “.. .false swearing or failure to comply with this subpoena is punishable as a contempt of court.” If you have any questions, please feel free to contact me. Thank you for your cooperation in this matter. Very truly yours, Veronica Krause Collections Administrator Its Enclosure(s) WE MAY BE ACTING AS A “DEBT COLLECTOR” TO COLLECT AMOUNTS DUE AND OWING TO M&T BANK. ANY INFORMATION OBTAINED BY US FROM YOU OR ABOUT YOU WILL BE USED FOR THAT PURPOSE. OFFICES ROCHESTER 300 POWERS BUILDING, 16 WESt MAIN SmET. ROCHESTER. Ntw YORK 14614 IP(585) 381-3400IF (585) 381-6219 LOCKPORT 172 Nw YORK EAST AVENUE. LOCKPORT, 14094 I I P (716) 438-0488 F(716)438-0489 STATE OF NEW YORK SUPREME COURT :COUNTY OF ROCKLAND Index/Docket No. 034293/2011 M&T BANK CORPORATION 475 Crosspoint Parkway Getzville, New York 14068, Plaintiff, vs. INFORMATION SUBPOENA (with Restraining Notice) GLOBAL SIGN CLEANING & MAINTENANCE, INC. and SHAYA BROWN, RE: Shaya Brown Judgment Debtor(s) Defendant(s). - THE PEOPLE OF THE STATE OF NEW YORK TO: 54 N. Cole Avenue, Spring Valley, New York 10977 (The person td be examined) GREETING: WHEREAS, in action in the Supreme Court, County of Rockland, between M&T Bank Corporation, as plaintiff, and the above named defendant(s), who are all parties named in said action, a judgment was entered on January 10, 2013, in favor of M&T Bank Corporation, judgment creditor, and against the above named defendant(s), whose last known address(es) is/are as above, in the amount of $38,047.52 including costs, of which $38,047.52 together with interest thereon from the date of judgment, remains due and unpaid; WHEREAS, the person to whom this subpoena is directed resides in Rockland County ; and YOU ARE HEREBY COMMANDED to answer in writing under oath, separately and fully, each question inthe questionnaire accompanying this subpoena, each answer referring to the question responds; and that to which it you return the answers together with the original of the questions within seven (7) days after your receipt of the questions and this subpoena. TAKE NOTICE that false swearing or failure to comply with this subpoena is punishable as a contempt of court. I HEREBY CERTIFY that this information subpoena complies with CPLR §5224 and §601 of the General Business Law of the Civil Practice Law. I have a reasonable belief that the party receiving this subpoena has in their possession information about the debtor that will assist the credito judgment. r in collecting the WITNESS, Hon. Francis A. Nicolai, one of the Judges of our said Court at the courthouse inthe County of Rockland, this 28th day of May, 2014. WE MAY BE ACTING AS A “DEBT COLLECTOR’ TO COLLECT AMOUNTS DUE AND OWING TO M&T BANK. ANY INFORMATION OBTAINED BY US FROM YOU OR ABOUT YOU WILL BE USED FOR THAT PURPOSE. RESTRAINING NOTICE ON REVERSE SIDE RESTRAINING NOTICE TO JUDGMENT DEBTOR TAKE NOTICE that pursuant to subdivision (b) of §5222 of the Civil Practice Law and Rules, which is set forth in full herein, you are hereby forbidden to make or suffer any sale, assignment or transfer of, or any interference with any property in which you have an interest except as therein provided. CIVIL LAW AND PRACTICE RULES §5222(b) Effect of restraint; prohibition of transfer; duration. A judgment debtor or obligor served with a restraining notice is forbidden to make of suffer any sale, assignment, transfer or interference with any property in which he or she has an interest, except as set forth in subdivisions (Ii) and (i) of this section, and except upon direction of the sheriff or pursuant to an order of the court, until the judgment or order is satisfied or vacated. A restraining notice served upon a person other than the judgment debtor or obligor is effective only if, at the time of service, he or she owes a debt to the judgment debtor or obligor or he or she is in possession or custody of property in which he or she knows or has reason to believe the judgment debtor or obligor has an interest, or if the judgment creditor or support collection unit has stated in the notice that a specified debt is owed by the person served to the judgment debtor or obligor or that the judgment debtor or obligor has an interest in specified property in the possession or custody of the person served. All property in which the judgment debtor or obligor is known or believed to have an interest then in and thereafter coming into the possession or custody of such a person, including any specified in the notice, and all debts of such a person, including any specified in the notice, then due and thereafter coming due to the judgment debtor or obligor, shall be subject to the notice except as set forth in subdivisions (h) and (i) of this section. Such a person is forbidden to make or suffer any sale, assignment or transfer of, or any interference with, any such property, or pay over or otherwise dispose of any such debt, to any person other than the sheriff or support collection until except as set forth in subdivisions (h) and (i) of this section, and except upon direction of the sheriff or pursuant to an order of the court, until the expiration of one year after the notice is served upon him, or until the judgment or order is satisfied or vacated, whichever event first occurs. A judgment creditor or support collection unit which has specified personal property or debt in a restraining notice shall be liable to the owner of the property or the person to whom the debt is owed, if other than the judgment debtor, for any damages sustained by the reason of the restraint, If a garnishee served with a restraining notice withholds the payment of money belonging or owed to the judgment debtor or obligor in an amount equal to twice the amount due on the judgment or order, the restraining notice is not effective as to other property or money. TAKE FURTHER NOTICE that disobedience of this Restraining Notice is punishable as a contempt of court. Dated: May 28, 2014 RUPP, BAASE, PFALZGRAF, LLC Lody 1600 Liberty Building Buffalo, New York 14202-3502 (716) 854-3400 WE MAY BE ACTING AS A “DEBT COLLECTOR” TO COLLECT AMOUNTS DUE AND OWING TO M&T BANK. ANY INFORMATION OBTAINED BY US FROM YOU OR ABOUT YOU WILL BE USED FOR THAT PURPOSE. STATE OF NEW YORK SUPREME COURT : COUNTY OF ROCKLAND M&T BANK CORPORATION 475 Crosspoint Parkway Getzville, New York 14068, Plaintiff, Index No.: 034293/2011 vs. GLOBAL SIGN CLEANING & MAINTENANCE, INC. and SHAYA BROWN, Defendant(s). ATTORNEY CERTIFICATION STATE OF NEW YORK ) ss. COUNTY OF ERIE ) Erin L. Cody, Esq., being a duly licensed attorney at law in the State of New York, hereby certifies, as an officer of the Court, under penalty of perjury: 1. This certification accompanies an information subpoena dated May 28, 2014. 2. 1 represent the plaintiff in the above-referenced matter on whose behalf the document described in paragraph one has been served. 3. I hereby certify that this information subpoena complies with Rule 5224 of the Civil Practice Law and Rules and Section 601 of the General Business Law that I have a reasonable belief that the party receiving this subpoena has in their possession information about the debtor that will assist the creditor in collecting the judgment. Dated: May 28, 2014 Buffalo, New York En n , Esq. STATE OF NEW YORK SUPREME COURT : COUNTY OF ROCKLAND Index[Docket No. 034293/2011 M&T BANK CORPORATION QUESTIONS AND ANSWERS 475 Crosspoint Parkway Getzville, New York 14068, Plaintiff, vs. GLOBAL SIGN CLEANING & MAINTENANCE, INC. RE: Shaya Brown and SHAYA BROWN, Judgment Debtor(s) Defendant(s). TO: 54 N. Cole Avenue, Spring Valley, New York 10977 1.Q. What is your full name? A. 2.Q. Are you known by any other names? A. 3.Q. What is your social security number? A. 4.Q. What is your present address? A. 5.0. Does anyone else live with you at that address? If so, whom? A. 6.0. Do you rent or own the above address? A. 7.Q. If you own the above property, what was the purchase price, year of purchase and what financial institution holds the mortgage? A. Is this property currently in foreclosure? A. Is this property currently in the process of being sold? A. 8.Q. Do you own any other real property? If so, what is the address. A. 9.Q. Are you currently employed? If so, state name and address of employer. A. 10.0. Are you self-employed? If so,under what name do you do business? By whom is your company currently employed or doing business with? 11.0. Do you receive any other income? (ex. alimony, child support, inheritance, royalties, etc.) If so, explain. A. [CONTINUED ON REVERSE] [CONTINUED FROM REVERSE] 12.Q. If not employed, how do you support yourself financially? A. 13.Q. Do you have any savings or checking accounts? If so, state name of financial institution and branch. A. 14.Q. Do you have any retirement accounts? If so, explain. A. 15.Q. Do you own any automobiles, boats, snowmobiles or airplanes? If so, state year, model and make. A. 16.Q. Do you have any other judgments against you? If so, explain. A. 17.Q. Have you ever been bankrupt? If so, provide case number. A. 18.Q. Does anyone owe you money? If so, explain. A. 19.Q. How much could you pay on a monthly basis toward to this judgment? A. Sworn to before me this dayof Signature - print or type name beneath Notary Public