On January 28, 2021 a
Party Statement
was filed
involving a dispute between
Mintaka Financial, Llc,
and
Cuzin'S Duzin Corp,
Todd L. Jones,
for Other Matters - Contract - Other
in the District Court of Queens County.
Preview
FILED: QUEENS COUNTY CLERK 09/14/2021 04:41 PM INDEX NO. 702243/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/14/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
AFFIDAVIT OF MILITARY
Mintaka Financial, LLC, STATUS
Plaintiff, Index No. 702243/2021
-vs-
Cuzin's Duzin Corp; and Todd L. Jones,
Defendants.
AFFIDAVIT OF MILITARY STATUS
I,John A. DiCaro, an attorney duly admitted to the practice of law in the State of New
York, hereby affirm under penalty of perjury pursuant to CPLR 2106 that:
1. I am an associate of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC, the
attorneys of record for Plaintiff in this action.
2. I am fully familiar with the facts and circumstances underlying the proceeding herein.
3. Upon reviewing a search of the Department of Defense manpower database executed on
September 14, 2021, Defendant Todd L. Jones, is not an active member of the armed services of
the United States of America, and I am attaching certificates stating that said Defendant is not in
the armed services at this time.
FURTHER AFFIANT SAYETH NAUGHT.
Date: September 14, 2021 By:
D'
Jo A. aro, Esq.
A ociat Attorney
L EGALGROUPLLP
F/K/A SHAPIRO, DICARO & BARAK, LLC
Attorneys for Plaintiff
175 Mile Crossing Boulevard
Rochester, New York 14624
Telephone: (585) 247-9000
Fax: (585) 247-7380
20-088873 Affidavit
Military Page 1 of
1
1 of 3
FILED: QUEENS COUNTY CLERK 09/14/2021 04:41 PM INDEX NO. 702243/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/14/2021
S°P¾202101:37:36
"°5"" Sa' °' PM
Department of Defense Manpower Data Center
SCRA5_9
Status Report
. Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-5543
Birth Date:
Last Name: JONES
First Name: TODD
Middle Name: L
Status As Of: Sep-14-2021
Certificate ID: SOW442LCDF5FF5P
OnAceveDutyOnActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndÓate Status Service
Component
Thisresponse
reflece individuals'
activedutystatusbasedontheActiveDutyStatusDate
LeftActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
Cornponent
NA NA No NA
Thisresponse
reRects
wheretheindividual
leftactivedutystatuswithin367dayspreceding
theActiveDutyStatusDate
TheMember
orHis/HerUnitWasNotified
ofa FutureCall-uptoActiveDutyonActiveDutyStatusDate
OrderNotification
StartDate OrderNotification
EndDate Status ServiceComponent
NA No NA
Thisresponse
reflects
whether
theindividual
orhis/herunithasreceived
earlynotification
toreportforactiveduty
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, CA93955
2 of 3
FILED: QUEENS COUNTY CLERK 09/14/2021 04:41 PM INDEX NO. 702243/2021
NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/14/2021
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Etigibility
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems.
Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as
The DoD strongly supports the enforcement of the Servicemembers
Soldiers' and Sailors'
the Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any inkeden
ind!ceBag 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
w wa,uvasof the SCRA, you are strongly encaumge
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'J/scra.dmdo.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 vedaden,
punitive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
(1) The individuct's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
This response reflects the following in'c==Uon:
Duty status within 367 days
preceding the Active Duty Status Date (3) Whether the !a+3dee!
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 eccerscs
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 mob!!!±on
position in the
unit they support.
This includes Navy Training and AdminieMon
of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve
Program Adminiot-stor
(RPAs).Active Duty status also applies to a Uniformed Service membêr wiio 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
Ce==ce 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 pmtdens.
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 test 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.
3 of 3
Document Filed Date
September 14, 2021
Case Filing Date
January 28, 2021
Category
Other Matters - Contract - Other
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: QUEENS COUNTY CLERK 09/14/2021 04:41 PM INDEX NO. 702243/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/14/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS AFFIDAVIT OF MILITARY Mintaka Financial, LLC, STATUS Plaintiff, Index No. 702243/2021 -vs- Cuzin's Duzin Corp; and Todd L. Jones, Defendants. AFFIDAVIT OF MILITARY STATUS I,John A. DiCaro, an attorney duly admitted to the practice of law in the State of New York, hereby affirm under penalty of perjury pursuant to CPLR 2106 that: 1. I am an associate of LOGS Legal Group LLP f/k/a Shapiro, DiCaro & Barak, LLC, the attorneys of record for Plaintiff in this action. 2. I am fully familiar with the facts and circumstances underlying the proceeding herein. 3. Upon reviewing a search of the Department of Defense manpower database executed on September 14, 2021, Defendant Todd L. Jones, is not an active member of the armed services of the United States of America, and I am attaching certificates stating that said Defendant is not in the armed services at this time. FURTHER AFFIANT SAYETH NAUGHT. Date: September 14, 2021 By: D' Jo A. aro, Esq. A ociat Attorney L EGALGROUPLLP F/K/A SHAPIRO, DICARO & BARAK, LLC Attorneys for Plaintiff 175 Mile Crossing Boulevard Rochester, New York 14624 Telephone: (585) 247-9000 Fax: (585) 247-7380 20-088873 Affidavit Military Page 1 of 1 1 of 3 FILED: QUEENS COUNTY CLERK 09/14/2021 04:41 PM INDEX NO. 702243/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/14/2021 S°P¾202101:37:36 "°5"" Sa' °' PM Department of Defense Manpower Data Center SCRA5_9 Status Report . Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-5543 Birth Date: Last Name: JONES First Name: TODD Middle Name: L Status As Of: Sep-14-2021 Certificate ID: SOW442LCDF5FF5P OnAceveDutyOnActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndÓate Status Service Component Thisresponse reflece individuals' activedutystatusbasedontheActiveDutyStatusDate LeftActiveDutyWithin367DaysofActiveDutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Service Cornponent NA NA No NA Thisresponse reRects wheretheindividual leftactivedutystatuswithin367dayspreceding theActiveDutyStatusDate TheMember orHis/HerUnitWasNotified ofa FutureCall-uptoActiveDutyonActiveDutyStatusDate OrderNotification StartDate OrderNotification EndDate Status ServiceComponent NA No NA Thisresponse reflects whether theindividual orhis/herunithasreceived earlynotification toreportforactiveduty 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, CA93955 2 of 3 FILED: QUEENS COUNTY CLERK 09/14/2021 04:41 PM INDEX NO. 702243/2021 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 09/14/2021 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense Enrollment and Etigibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. Civil Relief Act (50 USC App. § 3901 et seq, as amended) (SCRA) (formerly known as The DoD strongly supports the enforcement of the Servicemembers Soldiers' and Sailors' the Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any inkeden ind!ceBag 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 w wa,uvasof the SCRA, you are strongly encaumge 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'J/scra.dmdo.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 vedaden, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). (1) The individuct's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active This response reflects the following in'c==Uon: Duty status within 367 days preceding the Active Duty Status Date (3) Whether the !a+3dee! 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 eccerscs 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 mob!!!±on position in the unit they support. This includes Navy Training and AdminieMon of the Reserves (TARs), Marine Corps Active Reserve (ARs) and Coast Guard Reserve Program Adminiot-stor (RPAs).Active Duty status also applies to a Uniformed Service membêr wiio 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 Ce==ce 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 pmtdens. 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 test 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. 3 of 3