On June 15, 2021 a
No Value
was filed
involving a dispute between
Discover Bank,
and
Cora J Miller,
for Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
in the District Court of Yates County.
Preview
FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF YATES
INDEX NUMBER 2021-5144
DISCOVER BANK FILE NO. D164877
PLAINTIFF, AFFIRMATION IN SUPPORT OF
-AGAINST- ENTRY OF JUDGMENT
CORA J MILLER
DEFENDANT.
David A. Cohen, Esq./Mitchell G. Slamowitz, Esq./Mitchell Selip, Esq., an attorney duly
admitted to the practice of law in the State of New York, hereby affirms the following to be true
pursuant to CPLR § 2106 and under the penalties of perjury states that:
1. I am an attorney with Selip & Stylianon, LLP, attorneys for the Plaintiff, and I am fully
familiar with the facts and circumstances herein.
2. I make this affirmation in additional support of Plaintiff's request for the entry of
judgment against CORA J MII LER (hereinafter the "Defendant").
Additional Notice Pursuant to CPLR § 3215(g)(3)
3. On October 08, 2021, as set forth in the affidavit of service previously filed with the
court, a copy of the summons was mailed in a separate post-paid envelopes in an official
depository of the U.S. Postal Service addressed to each defaulting defendant's last known
residence address as set forth below, by first class mail in an envelope bearing the legend
confidential"
"personal and and not indicating on the outside thereof that the
communication was from an attorney or concerns an alleged debt. More than 20 days have
elapsed and the same has not been returned as undeliverable by the U.S. Postal Service; if
same was returned, the copy of the summons was re-mailed to the deferidant'(s) last known
residence.
CORA J MILLER
4084 MILLER LN PENN YAN, NY 14527
1 of 3
FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2022
DEFENDANT'S ADDRESS
4. On or about June 14, 2021 Plaintiff believed that the Defendant resided at 4084
WALKER RD PENN YAN, NY 14527. In light of this belief, Plaintiffs summons filed
herein contains said address as the address to serve the Defendant.
5. On October 07, 2021, Plaintiffs process server appeared at 4084 MILLER LN PENN
YAN, NY 14527 and Defendant was in fact served with the pleadings at this address.
6. On October 08, 2021, a copy of the summons was mailed pursuant to CPLR § 3215 to
Defendant at 4084 MILLER LN PENN YAN, NY 14527.
7. Defendant has defaulted in appearance.
MILITARY STATUS
8. I provided Department of Defense, Defense Manpower Data Center, with the pertinent
information about the defendant, in particular the date of birth and/or social security
number, which I know because they were provided to me by the Plaintiff. I requested that
a military investigation be conducted for the purpose of entry of a judgment.
9. Based upon the response I received from the Department of Defense, Defense Manpower
Data Center, dated March 22, 2022, I am convinced that the defendant is not in any
branch of the United States military.
2 of 3
FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2022
WHEREFORE, Plaintiff respectfully requests the entry of a default judgment against the
Defendant(s).
I certify that, to the best of my knowledge, information, and belief, formed after an
inquiry reasonable under the circumstances, that the presentation of this judgment and all
papers or the contentions herein are not frivolous as defined in 22 NYCRR 130-
accompanying §
1-1(a).
Dated: March 22, 2022
David A. Cohen, Esq./Mitche tz,
Esq./Mitchell Selip, Esq.
3 of 3
Document Filed Date
March 24, 2022
Case Filing Date
June 15, 2021
Category
Other Matters - Consumer Credit (Card) Original Creditor Plaintiff
For full print and download access, please subscribe at https://www.trellis.law/.
Preview
FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF YATES INDEX NUMBER 2021-5144 DISCOVER BANK FILE NO. D164877 PLAINTIFF, AFFIRMATION IN SUPPORT OF -AGAINST- ENTRY OF JUDGMENT CORA J MILLER DEFENDANT. David A. Cohen, Esq./Mitchell G. Slamowitz, Esq./Mitchell Selip, Esq., an attorney duly admitted to the practice of law in the State of New York, hereby affirms the following to be true pursuant to CPLR § 2106 and under the penalties of perjury states that: 1. I am an attorney with Selip & Stylianon, LLP, attorneys for the Plaintiff, and I am fully familiar with the facts and circumstances herein. 2. I make this affirmation in additional support of Plaintiff's request for the entry of judgment against CORA J MII LER (hereinafter the "Defendant"). Additional Notice Pursuant to CPLR § 3215(g)(3) 3. On October 08, 2021, as set forth in the affidavit of service previously filed with the court, a copy of the summons was mailed in a separate post-paid envelopes in an official depository of the U.S. Postal Service addressed to each defaulting defendant's last known residence address as set forth below, by first class mail in an envelope bearing the legend confidential" "personal and and not indicating on the outside thereof that the communication was from an attorney or concerns an alleged debt. More than 20 days have elapsed and the same has not been returned as undeliverable by the U.S. Postal Service; if same was returned, the copy of the summons was re-mailed to the deferidant'(s) last known residence. CORA J MILLER 4084 MILLER LN PENN YAN, NY 14527 1 of 3 FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2022 DEFENDANT'S ADDRESS 4. On or about June 14, 2021 Plaintiff believed that the Defendant resided at 4084 WALKER RD PENN YAN, NY 14527. In light of this belief, Plaintiffs summons filed herein contains said address as the address to serve the Defendant. 5. On October 07, 2021, Plaintiffs process server appeared at 4084 MILLER LN PENN YAN, NY 14527 and Defendant was in fact served with the pleadings at this address. 6. On October 08, 2021, a copy of the summons was mailed pursuant to CPLR § 3215 to Defendant at 4084 MILLER LN PENN YAN, NY 14527. 7. Defendant has defaulted in appearance. MILITARY STATUS 8. I provided Department of Defense, Defense Manpower Data Center, with the pertinent information about the defendant, in particular the date of birth and/or social security number, which I know because they were provided to me by the Plaintiff. I requested that a military investigation be conducted for the purpose of entry of a judgment. 9. Based upon the response I received from the Department of Defense, Defense Manpower Data Center, dated March 22, 2022, I am convinced that the defendant is not in any branch of the United States military. 2 of 3 FILED: YATES COUNTY CLERK 03/24/2022 09:02 AM INDEX NO. 2021-5144 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 03/24/2022 WHEREFORE, Plaintiff respectfully requests the entry of a default judgment against the Defendant(s). I certify that, to the best of my knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that the presentation of this judgment and all papers or the contentions herein are not frivolous as defined in 22 NYCRR 130- accompanying § 1-1(a). Dated: March 22, 2022 David A. Cohen, Esq./Mitche tz, Esq./Mitchell Selip, Esq. 3 of 3