Preview
FILED: KINGS COUNTY CLERK 01/04/2023 02:32 PM INDEX NO. 504485/2021
NYSCEF DOC. NO. 71 RECEIVED NYSCEF: 01/04/2023
Exhibit J
FILED: KINGS COUNTY CLERK 01/04/2023
03/11/2021 02:32
12:33 PM INDEX NO. 504485/2021
NYSCEF
COUNTY DOC. NO. 71
OF K1NGS 13 SUPREME COURT OF THE STATE OF NEW YORK RECEIVED
# 23499M NYSCEF: 01/04/2023
03/11/2021
TR1UMPH CAPITAL PARTNERS, LLC
Plaintiff(s) INDEX# 504485/2021
against Date filed 2/24/2021
NEMORK MEDIA MANAGEMENT, INC.
Defendant(s)
STATE OF NEW YORK COUNTY OF ALBANY 09252020.47618
6012928
SECRETARY OF STATE - AFFIDAVIT OF SERVICE
DAVID TATUM being duly sworn, deposes and says that depüñent is not a party to this action, is over the age of 18 years
and has a principal place of business at in the County of Albany, State of New York. That on 3/2/2021 at 2:15 PM, at the
office of the Secretary of State, of the State of New York in the City of Albany, New York at 99 Washington Avenue, he/she
served a true copy of a
NOTICE OF ELECTRONIC FILING, COMMERCIAL MORTGAGE FORECLOSURE ACTION SUMMONS
EXEMPT FROM CPLR §3408 AND RPAPL §1304 & COMMERCIAL MORTGAGE FORECLOSURE
ACTION COMPLAINT EXEMPT FROM CPLR §3408 AND RPAPL §1304 NOTICES TO DEFENDANTS
PURSUANT TO ADMINISTRATIVE ORDER 131/20 (IN ENGLISH AND SPANISH)
on NETWORK MEDIA MANAGEMENT, INC. , Defendant in thiis action and on this date, the address of record with
the secretary of state is:
90 STATE STREET SUrrE 700 OFFICE 40 ALBANY NY 12207
By delivering to and leaving with NANCY DOUGHERTY , authorized agent in the office of the Secretary of the State, State of
New York, personally at the office of the Secretary of State, of the State of New York, two (2) true copies thereof and that at
the time of making such service, depsaeñt paid said Secretary of State a fee of $40.00. That said service was made pursuant
to Section 306 BCL
Bearing Index Number and Filing Date endorsed thereon.
[ ] Depañéñt addiüonally served upon the above narned defendant one (1) true copy of the RPAPL SEC. 1303 Horneawñer's
Foreclosure Notice which was printed in bold, 14 point font size and printed on colored paper which is a color other than said
pleading
Descriptioñ Description of the Recipient is as follows:
A Female with White skin, Brown hair, who is approxireately 54 years of age
5' 1"
and has an approximate height of and appróxirmate weight of 120 pounds.
Other identifying features are as follows: Glasses.
DAVIDYATUM 3/3/2021
Process Server
State of New York
County of Albany
Sworn to before me on This 3 day of March 021
Michene M. Santspree Ernity M. Corbett
Notary Public, State of New York Notary Public, State of New York
NO. 01SA6047611 No. 01C06299470
Notary Public - e M ntspree Oualfied in Albany County Qualified in Albany County
Commission Expires August 7, 2021 Commission Expires March 24, 2022
PROVEST LLC - 320 CARLETON AVE STE#2600 - CENTRAL ISLIP, NY 11722 - (631)666-6168
1 of 1
FILED: KINGS COUNTY CLERK 01/04/2023
04/19/2021 02:32
04:07 PM INDEX NO. 504485/2021
NYSCEF DOC. NO. 71
29 RECEIVED NYSCEF: 01/04/2023
04/19/2021
PROVEST LLC PINCUS LAW GROUP, PLLC
320 CARLETON AVE, STE.2600 425 RXR PLAZA
CENTRAL ISLIP, NY, 11722 UNIONDALE, NY 11556
(631) 666-6168
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS
INDEX # 504485/2021
TRIUMPH CAPITAL PARTNERS, LLC,
Plaintiff,
Against AMENDED AFFIDAVIT OF
NETWORK MEDIA MANAGEMENT, INC., ET AL SERVICE
Defendants,
I, HUSAM NASER, being first duly sworn, depose and say as follows:
I am not a party to this action, I am over 18 years of age and I reside in the State of NEW YORK.
On 3/1/2021 at 9:00 AM at 1959 EAST 8TH STREET BROOKLYN, New York 11223, I served the within NOTICE OF ELECTRONIC FILING &
COMMERCIAL MORTGAGE FORECLOSURE ACTION SUMMONS EXEMPT FROM CPLR §3408 AND RPAPL §1304 & COMMERCIAL
MORTGAGE FORECLOSURE ACTION COMPLAINT EXEMPT FROM CPLR §3408 AND RPAPL §1304 & Notices to defendants pursuant to
Ad:ninish alive Order 131/20 (in English and Spanish) , bearing index #504485/2021, filed 2/24/2021 on .1UDAH MIZRAHI, defendant therein
named,
(X) SUITABLE AGE PERSON: By delivering thereat a copy of each to, "JANE DOE" (REFUSED NAME), FAMILY umnER, a person of
suitable age and discretion. I also asked this person whether said premises was the defendant's dwelling place/usual place of abode and the reply was
affirmative. I then asked this person whether he or she resided at said premises with the defendant and the reply was also affirmative.
(X) MAILING: On 03/05/2021 I also enclosed a copy of same, in a prepaid sealed, first class wrapper marked personal and
confidential, properly addressed to d Adet and mailed to defendant at 1959 EAST 8TH STREET BROOKLYN, New York 11223 by
depositiiig said wrapper in a post office of the United States Postal Service within the state of New York.
Description of Person Served:
AGE: 50 SKIN TONE: WHITE GENDER: FEMALE WEIGHT: 130-150 LBS HEIGHT: 5FT4IN-5FT7IN HAIR:
BLONDE
MILITARY I asked the person spoken to whether the defendant was in active military service of the United States or o e SJ te of
SERVICE New York in any capacity whatsoever and received a NEGATIVE reply. The sour of my informatio and the
grounds of my belief are the conversations and observations above narrated. Upo mformation and b sef I aver that the
-
X defendant is not in the military service of New York or of the United States as t term is defined either the St
Federal statutes.
Serverlignature
LICENSE # 2034396
FILE # 09252020.47618
CASE ID # 6012928
STATE OF NEW YORK
COUNTY OF \C...
Sworn to and subscribed before me this ay of 20 by, HUSAM NASER (affiant name).
Signature otary Public
Print, Type or Stamp Notary's Commissioned Name
Personally known OR Produced Identification
Type of Identification Produced
KEVIN MCCARTHY
NOTARY PUBUC, State of New York
No. 01MC6163828
Qualified in Nassau County HO2020
Commission Expires 06/06/2023
1 of 1
FILED: KINGS COUNTY CLERK 01/04/2023
03/11/2021 02:32
12:33 PM INDEX NO. 504485/2021
NYSCEF DOC. NO. 71
PROVEST 14LLC PINCUS LAW GROUP, PLLCRECEIVED NYSCEF: 01/04/2023
03/11/2021
. 320 CARLETON AVE, STE.2600 425 RXR PLAZA
CENTRAL ISLIP, NY, 11722 UNIONDALE, NY 11556
(631) 666-6168
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS
INDEX # 504485/2021
TRIUMPH CAPITAL PARTNERS, LLC,
Plaintiff,
Against AFFIDAVIT OF SERVICE
NETWORK MEDIA MANAGEMENT, INC., ET AL
Defendants,
I, HUSAM NASER, being first duly swom, depose and say as follows:
I am not a party to this action, I am over 18 years of age and I reside in the State of NEW YORK.
On 3/1/2021 at 9:00 AM at 1959 EAST 8TH STREET BROOKLYN, New York 11223, I served the within NOTICE OF ELECTRONIC FILING &
COMMERCIAL MORTGAGE FORECLOSURE ACTION SUMMONS EXEMPT FROM CPLR §3408 AND RPAPL §1304 & COMMERCIAL
MORTGAGE FORECLOSURE ACTION COMPLAINT EXEMPT FROM CPLR §3408 AND RPAPL §1304 & Notices to defendants pursuant to
Mmin½etive Order 131/20 (in English and Spanish) which contains the additional notice requiremats in accordance with RPAPL §1320, along
with a copy of the IIsmcGwner's Foreclosure Notice as required by RPAPL §1303, which notice was printed on a colored piece of paper, which color
differed from that of the color of the NOTICE OF ELECTRONIC FILING & COMMERCIAL MORTGAGE FORECLOSURE ACTION
SUMMONS EXEMPT FROM CPLR §3408 AND RPAPL §1304 & COMMERCIAL MORTGAGE FORECLOSURE ACTION COMPLAINT
EXEMPT FROM CPLR §3408 AND RPAPL §1304 & Notices to defendants pursuant to Administrative Order 131/20 (in English and Spanish) and
the notice was in bold, fourteen-point type, with the title of the notice in bold, twenty-point type, bearing index #504485/2021, filed 2/24/2021 on
JUDAH MIZRAHI, defendant therein narned,
(X) SUITABLE AGE PERSON: By delivering thereat a copy of each to, "JANE DOE" (REFUSED NAME), FAMILY uFMEER, a person of
suitable age and discretion. I also asked this person whether said premises was the def±t's dwelling place/usual place of abode and the reply was
affirmative. I then asked this person whether he or she resided at said premises with the def=d=t and the reply was also affirmative.
(X) MAILING: On 03/05/2021 I also enclosed a copy of same, in a prepaid sealed, first class wrapper marked personal and
confidential, preperly addressed to defendant and mailed to dcfcadâñt at 1959 EAST 8TH STREET BROOKLYN, New York 11223 by
depositing said wrapper in a post office of the United States Postal Service within the state of New York.
Description of Person Served:
AGE: 50 SKIN TONE: WHITE GENDER: FEMALE WEIGHT: 130-150 LBS HEIGHT: 5FT4IN-5FT7IN HAIR:
BLONDE
MILITARY I asked the person spoken to whether the defendant was in active military service of the United States o e State of
,
SERVICE New York in any capacity whatsoever and received a NEGATIVE reply. The source of my inform n and the
grounds of my belief are the conversations and observaders above narrated. pon information elief I aver that the
X defendant is not in the military service of New York or of the United State s that term is defi in either th te or
Federal statutes.
Server Signature
LICENSE # 2034396
FILE # 09252020.47618
CASE ID # 6012928
STATE OF NEW YORK
COUNTY OF ..--.0
Swo to d subscribed before me this $_ day of // , 20 , by, HUSAM NASER (affiant name).
Signature of Notary Public
Print, Type or Stamp Notary's Commissioned Name
KEVIN MCCARTHY
known OR Produced Identification NOTARY PUBUC, State of New York
Personally
Type of Identification Produced __ No. 01MC6163828
Qualified in Nassau
County
Commission Expires 06/06/2023
HO2020
1 of 1
FILED: KINGS COUNTY CLERK 01/04/2023
03/12/2021 02:32
11:16 PM
AM INDEX NO. 504485/2021
NYSCEF DOC. NO. 71
27 RECEIVED NYSCEF: 01/04/2023
03/12/2021
. PROVEST LLC PINCUS LAW GROUP, PLLC
320 CARLETON AVE, STE.2600 425 RXR PLAZA
CENTRAL ISLlP. NY. I 1722 UNIONDALE, NY 11556
(631) 666-6168
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS
INDEX # 504485/2021
TRIUMPH CAPITAL PARTNERS, LLC,
Plaintiff.
Against AFFIDAVIT OF SERVICE
NETWORK MEDIA MANAGEMENT, INC., ET AL
Defendants,
I, DANIELLE STEVENS, being first duly sworn, depose and say as follows:
I am not a party to this action, I am over 18 years of age and I reside in the State of DELAWARE.
On 3/9/2021 at 3:15 PM at C/O CORPORATION SERVICE COMPANY: 251 LITTLE FALLS DRIVE WILMINGTON,
Delaware l9808, I served the within NOTICE OF ELECTRONIC FILING & COMMERCIAL MORTGAGE
FORECLOSURE ACTION SUMMONS EXEMPT FROM CPLR §3408 AND RPAPL § l304 & COMMERCIAL
MORTGAGE FORECLOSURE ACTION COMPLAINT EXEMPT FROM CPLR §3408 AND RPAPL §l 304 & Notices to
defendants pursuant to Administrative Order 131/20 (in English and Spanish) bearing index # 504485/2021, filed 2/24/2021
on WBL SPO 1, LLC, defendant therein named,
(X) CORPORATION: A corporation, by personally delivering thereat a true copy of each to LYNANNE GARES,
LITIGATION MANAGEMENT SERVICES LEADER AUTHORIZED TO ACCEPT. I knew said so served to be the
corporation described as the named defendant and knew said individual to be the AUTHORIZED AGENT thereof.
DESCRIPTION
The following is a description of the individual I served to the best of my ability at the time and circumstances of service:
AGE: 31-35 SKIN TONE: WHITE GENDER: FEMALE WEIGHT: 13I LBS - 150 LBS HEIGHT: 5FT 4IN -
5FT 71N HAIR: BROWN
3/10/2021
Server Signat re
LICENSE # DS Danielle Stevens
FILE # 09252020.47618
CASE ID # 6012928
STATE OF DELAWARE
COUNTY OF NEW CASTLE
Sworn to and subscribed before is 10 day of
March . 20 21, by DANIELLE STEVENS (affiant name).
Signature ofNotary P ic
Kimberly J. Ryan
Print,Type or Stamp Notary's Commissioned Name
Personally known x OR Produced Identification
Type of Identification Produced
KlMBERLY J. RYAN
NOTARY PUBLIC
STATE OF DELAWARE
Expires March 31, 2024
My Commission
CORP
1 of 1
FILED: KINGS COUNTY CLERK 01/04/2023
03/05/2021 02:32
03:09 PM INDEX NO. 504485/2021
NYSCEF DOC. NO. 71
4 RECEIVED NYSCEF: 01/04/2023
03/05/2021
PROVEST, LLC PINCUS LAW GROUP, PLLC
320 CARLETON AVE, STE.2600 425 RXR PLAZA
CENTRAL ISLIP, NY, 11722 UNIONDALE, NY 11556
(631) 666-6168
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS INDEX # 504485/2021
TRIUMPH CAPITAL PARTNERS, LLC,
Plaintiff,
Against AFFIDAVIT
OF SERVICE
NETWORK MEDIA MANAGEMENT, INC., ET AL
Defendants,
I, Steven Brennan being duly sworn, deposes and says: that dcpancnt is not a party to this action, is over 18 years of age
and resides in the State of NY.
That on March 02, 2021 AT 3:00PM at 300 MOTOR PARKWAY, HAUPPAUGE, NY, 11788, deponent served the
within NOTICE OF ELECTRONIC FILING & COMMERCIAL MORTGAGE FORECLOSURE ACTION
SUMMONS FROM CPLR §3408 AND RPAPL §1304 & COMMERCIAL
EXEMPT MORTGAGE FORECLOSURE
ACTION COMPLAINT EXEMPT FROM CPLR §3408 AND RPAPL §1304 & Notices to defcadants pursuant to
Administrative Order 131/20 (in English and Spanish) bearing index # 504485/2021, filed 02/24/2021 on NEW YORK
STATE DEPARTMENT OF TAXATION AND FINANCE, defendant therein named,
CORPORATION
A corporatics, by delivering thereat a true copy of each to CHRIS GATTO, ASSISTANT
X ATTORNEY deponent knew said so served to be the corporation
GENERAL, personally;
described as the named defendant and knew said individual to be the AUTHOF17FD
AGENT thereof.
DESCRIPTION
Deponent describes the individual served to the best of dep-t's ability at the time and
circumstances of service as follow:
Sex Skin Color Hair Color Age (Aprx) Height (Aprx) Weight (Aprx)
M WHITE BROWN 40 5'9 180
FILE 9 2W0.47618
C I # 6012928
O r°'OF MAR 0 4 2021
Swo o and subscribed before me this ___ day of , 20__, by Steven Brennan (affiant name).
Sign Notary Public
Print, Type or Stamp Notary's C ..missioned Name
SENEM YlGITSOY
NOTARY PUSLIC-STATE OF NEW YORK
Personally known OR Produced Idcatif;ceilen
Type of Identification Produced No.01YI6413883
Quallfledin
SuffolkCounty
My Commission
Expires02-01-2025
1 of 1
FILED: KINGS COUNTY CLERK 01/04/2023
03/11/2021 02:32
12:34 PM INDEX NO. 504485/2021
NYSCEF DOC. NO. 71
15
LLC PINCUS LAW PLLC
RECEIVED NYSCEF: 01/04/2023
03/11/2021
PROVEST, GROUP,
320 CARLETON AVE, STE.2600 425 RXR PLAZA
CENTRAL ISLIP, NY, 11722 UNIONDALE, NY 11556
(631) 666-6168
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS INDEX # 504485/2021
TRIUMPH CAPITAL PARTNERS, LLC,
Plaintiff,
Against AFFIDAVIT
OF SERVICE
NETWORK MEDIA MANAGEMENT, INC., ET AL
_Defendants,
I, Steven Brennan being duly sworn, deposes and says: that deponent is not a party to this action, is over 18 years of age
and resides in the State of NY.
That on March 02, 2021 AT 3:00PM at 300 MOTOR PARKWAY, HAUPPAUGE, NY, 11788, deponent served the
within NOTICE OF ELECTRONIC FILING & COMMERCIAL MORTGAGE FORECLOSURE ACTION
SUMMONS FROM CPLR §3408 AND RPAPL §1304 & COMMERCIAL
EXEMPT MORTGAGE FORECLOSURE
ACTION COMPLAINT EXEMPT FROM CPLR §3408 AND RPAPL §1304 & Notices to defendants pursuant to
Adminisizative Order 131/20 (in English and Spanish) bearing index # 504485/2021, filed 02/24/2021 on NEW YORK
STATE DEPARTMENT OF TAXATION AND FINANCE, defmd=t therein named,
CORPORATION
A corporation, by delivering thereat a true copy of each to CHRIS GATTO, ASSISTANT
X ATTORNEY deponent knew said so served to be the corporation
GENERAL, personally;
described as the named defendant and knew said individual to be the AUTHORIZED
AGENT thereof.
DESCRIPTION
Deponent describes the individual served to the best of deponent's ability at the tirne and
circumstances of service as follow:
Sex Skin Color Hair Color Age (Aprx) Height (Aprx) Weight (Aprx)
M WHITE BROWN 40 5'9 180
FILE 9 2Y20.47618
C I # 6012928
STATE OF
COUNTY OF w// MAR 0 4 2021
Swo and subscribed before me this ___ day of , 20_, by Steven Brennan (affiant name).
/Signa otary Public
Print, Type or Stamp Notary's C½missioned Name
NOTARY PUSLIC-STATE OF NEW YORK
Personally known OR Produced Identification
Type of Identification Produced No. 01Yl6413863
Qualified in Suffolk County
My Commission Expires 02-01-2025
1 of 1
FILED: KINGS COUNTY CLERK 01/04/2023
03/05/2021 02:32
03:09 PM INDEX NO. 504485/2021
NYSCEF DOC.PROVEST
NO. 715 LLC PINCUS LAW GROUP,RECEIVED
PLLC NYSCEF: 01/04/2023
03/05/2021
. 320 CARLETON AVE, STE.2600 425 RXR PLAZA
CENTRAL ISLIP, NY, 11722 UNIONDALE, NY 11556
(631) 666-6168
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS
INDEX # 504485/2021
TRIUMPH CAPITAL PARTNERS, LLC,
Plaintiff,
Against AFFIDAVIT OF SERVICE
NETWORK MEDIA MANAGEMENT, INC., ET AL
Defendants,
I, HUSAM NASER being duly sworn, deposes and says: that deponent is not a party to this action, is over 18 years of age and resides in the State
of NEW YORK.
That on 3/1/2021 at 9:00 AM at 1959 EAST 8TH STREET BROOKLYN, New York 11223, depor,éüt served the within NOTICE OF
ELECTRONIC FILING & COMMERCIAL MORTGAGE FORECLOSURE ACTION SUMMONS EXEMPT FROM CPLR §3408 AND RPAPL
§1304 & COMMRRCIAL MORTGAGE FORECLOSURE ACTION COMPLAINT EXEMPT FROM CPLR §3408 AND RPAPL §1304 &
Notices to defendants pursuant to Administrative Order 131/20 (in English and Spanish) bearing index #504485/2021, filed 2/24/2021 on "JANE
DOE"
(REFUSED NAME) AS JANE DOE #1, defendant therein named,
(X) INDIVIDUAL: By delivering thereat a true copy of each to said defenda-t personally. I knew said person so served to be the person described
as said defcñdant therein because (S)He identified (her) himself to me as such.
Description of PersonServed:
AGE: 50 SKIN TONE: WHITE GENDER: FEMALE WEIGHT: 130-150 LBS HEIGHT: 5FT41N-5FT7IN HAIR:
BLONDE
MILITARY I asked the person spoken to whether the defendant was in active military service of the United States or f the
SERVICE State of New York in any capacity whatsoever and received a NEGATIVE reply. The source of my in ormation
and the grounds of my belief are the conversations and etscrvaticñs above na ted. Upon informatio. and belief I
X aver that the defendant is not in the military service of New York or of the U i d States as that ter is defined i
either the State or Federal statutes.
Server Signature
LICENSE # 2034396
FILE # 09252020.47618
CASE ID # 6012928
STATE OF NEW YORK
COUNTY OF
Sworn to and subscribed before me this Ê day of N/f/L , 20 by HUSAM NASER (affiant name).
Signature of Notary Public
Print, Type or Stamp Notary's Commissioned Name
Personally known OR Produced Identification
Type of Identification Pioduced
KEVIN MCCARTHY
NOTARY PUBUC, State of New
York
No. 01MC6163828
Qualified in Nassau
County
Commission Expires
06/06/2023
1 of 1 GENTEN
FILED: KINGS COUNTY CLERK 01/04/2023
03/11/2021 02:32
12:35 PM INDEX NO. 504485/2021
NYSCEF DOC.PROVEST
NO. 7117LLC PINCUS LAW GROUP, PLLC
RECEIVED NYSCEF: 01/04/2023
03/11/2021
320 CARLETON AVE, STE.2600 425 RXR PLAZA
CENTRAL ISLIP, NY, 11722 UNIONDALE, NY 11556
(631) 666-6168
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS
INDEX # 504485/2021
TRIUMPH CAPITAL PARTNERS, LLC,
Plaintiff,
Against AFFIDAVIT OF SERVICE
NETWORK MEDIA MANAGEMENT, INC., ET AL
Defendants,
I, HUSAM NASER being duly sworn, deposes and says: that depencnt is not a party to this action, is over 18 years of age and resides in the State
of NEW YORK.
That on 3/1/2021 at 9:00 AM at 1959 EAST 8TH STREET BROOKLYN, New York I1223, deponent served the within NOTICE OF
ELECTRONIC FILING & COMMERCIAL MORTGAGE FORECLOSURE ACTION SUMMONS EXEMPT FROM CPLR §3408 AND RPAPL
§1304 & COMMERCIAL MORTGAGE FORECLOSURE ACTION COMPLAINT EXEMPT FROM CPLR §3408 AND RPAPL §1304 &
Notices to defendants pursuant to Administ-ative Order 131/20 (in English and Spanish) bearing index #504485/2021, filed 2/24/2021 on "JANE
DOE"
(REFUSED NAME) AS JANE DOE #I, defendant therein named,
(X) INDIVIDUAL: By delivering thereat a true copy of each to said defend?±t personally. I knew said person so served to be the person described
as said defendent therein because (S)He identified (her) himself to me as such.
Description of Person Served:
AGE: 50 SKIN TONE: WHITE GENDER: FEMALE WEIGHT: 130-150 LBS HEIGHT: 5FT4IN-5FT7IN HAIR:
BLONDE
MILITARY I asked the person spoken to whether the defeñdañt was in active military service of the United States or f the
SERVICE State of New York in any capacity whatsoever and received a NEGATIVE reply. The source of my in ormation
and the grounds of my belief are the conversations and observations above nawated. Upon informatio and belief I
X aver that the defeñdant is not in the military service of New York or of the U i d States as that ter is defined i
either the State or Federal statutes.