Preview
FILED: RICHMOND COUNTY CLERK 09/05/2018 11:32 AM INDEX NO. 135621/2015
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/05/2018
EXHIBIT G
FILED: RICHMOND COUNTY CLERK 09/05/2018 11:32 AM INDEX NO. 135621/2015
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/05/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
- - - - - - - - - - - - - - - - - - - X INDEX NO.
135621/15
EMIGRANT BANK (FORMERLY KNOWN AS EMIGRANT
SAVINGS BANK AND NEW YORK PRIVATE BANK &
TRUST)
Plaintiff,
AFFIRMATION
-against- OF NON-
MILITARY
SERVICE
SOFIA TSOUKAS, STEVE TSOUKAS A/K/A
STEVEN TSOUKAS, EXETER HOLDING, LTD.,
SHERMAN & ZALENKO, LLC, NEW YORK CITY
ENVIRONMENTAL CONTROL BOARD, THE INTERNAL
REVENUE SERVICE,
Defendants.
- - - - - - - - - - - - - - - - - - - X
Christopher E. Medina, an attorney duly admitted to
practice in the courts of the State of New York, affirms the
following to be true under penalty of perjury:
1. I am an associate with the firm STAGG, TERENZI,
CONFUSIONE & attorneys for plaintiff in the above-
WABNIK, LLP,
entitled action.
2. I submit this affirmation in support of the plaintiff's
application for entry of judgment.
3. This affirmation is made Soldiers'
pursuant to the and
Sailors' Civil Relief of
Act 1940, as amended, 50 U.S.C.A. App. Secs
FILED: RICHMOND COUNTY CLERK 09/05/2018 11:32 AM INDEX NO. 135621/2015
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/05/2018
5015t, seq, for the purpose of entry of judgment against Sofia Tsoukas
and Steve Tsoukas.
4. Our office is a registered user of the United States
Department of Defense, Defense Manpower Data Center's (DMDC) Military
Verification Program based at their Human Resources Activity Center at
1800 Wilson Blvd., Suite 400, Arlington, VA. 22209.
5. As an authorized user of the site, our office is allowed
to log in to determine whether or not a defendant is or is not active
in the military.
6. Our office was provided with the defendants'
social
security number from a credit report that plaintiff had in their loan
file. On August 28, 2018, our office conducted a search wherein we
submitted to the DMDC the defendant's full name and social security
number (xxx-xx-6689)and (xxx-xx-6625). The response, (a of which
copy
is annexed hereto as Exhibit "G"), indicated that the defendants are
not active in the military.
7. Therefore, plaintiff respectfully requests that the
Judgment of Foreclosure and Sale be entered.
Dated: Garden City, New York
August 30, 2018
Christopher E. Medina
FILED: RICHMOND COUNTY CLERK 09/05/2018 11:32 AM INDEX NO. 135621/2015
NYSCEF DOC. NO. 58 RECEIVED
Results
asof:
NYSCEF: 09/05/2018
of Defe Maripovver Center Aug-28-2018
01:48:59
PM
Department se Data
SCRA4.6
Staing Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-6625
Birth Date:
Last Name: TSOUKAS
First Name: STEVEN
Middle Name:
Status As Of: Aug-28-2018
Certificate ID: YP79Z15M9CQ84V2
. OnActiveDutyOnActave DutyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status ServiceCr :-:-
NA NA . No NA
Ths response theIndividuals'
reflects activedutystatusbasedontheActveDutyStatusDate
LeftActiveDutyWithin367DaysofAchveDutyStatusDate
ActïveDutyStartDate ActiveDutyEndDate . Status Semcecomponent
NA A No NA
Th:sresponse wheretheindividua.e'tactivedutystatusw.thin367dayspreced.r;g
reSects •heActiveDEty StatusDate
TheMember
or½strwrurin.vvas
Natified toActiveDutyonAchveDutyStatusDate
ofaFutumCall-Up
OrderNottfication
StartDate OrderNotification
EndDate . Status SemcaComponent
No .- , NA
Thisresponse
resects
wheinetheindividual earlynotificatter
orks/herumthasrecehied toreportfo activecuty
Upon searching the data banks of the Dep -t of Defense Mai wo Data Center based on the oJo o 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 informet!en on a Servicemember or his/her unit receiving net!ñeetion of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
FILED: RICHMOND COUNTY CLERK 09/05/2018 11:32 AM INDEX NO. 135621/2015
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/05/2018
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense EnrG||ment 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 shfarcGmGntof the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (forrnerly 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 atherwise 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
irifennation can be fnend en the-SCRA-website's-F-AQ-pagWa-this-URI--·-httne://ecre.d-de.acd.mil/faq2ht e-t
was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive picvisions of the SCRA may be invoked
against you. See 50 USC App. ? 521(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 natification 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 sccc-dâ-cs 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 purpos.es of responding to a national emergency declared by the
President and euppeded 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 Adm!n!etret!en 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 commiccioned 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 pictscticas 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 pretEt!éë Persons seeking to rely on this website
certification should check to make sure the orders on which SCRA protecticas are based have not been amended to extend the inclusive dates of service.
FurthGrmciG, 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 pictêcticas 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 güãrâGtâGdto 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.
FILED: RICHMOND COUNTY CLERK 09/05/2018 11:32 AM INDEX NO. 135621/2015
NYSCEF DOC. NO. 58 RECEIVED
Results
NYSCEF:
asof: Aug-28-2018
09/05/2018
01:49:46
PM
Department of Defense Manpower Data Center
SCRA4.6
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-6689
Birth Date:
Last Name: TSOUKAS
First Name: SOFIA
Middle Name:
Status As Of: Aug-28-2018
Certificate ID: XJ5VDSX3K6XKC9S
OnActive.DutyOnActiveDútyStatusDate
ActiveDutyStartDate ActiveDutyEndDate Status Service
Component
NA NA . . No NA
This-esponserefectstheIndiv.daals'
activedutystatusbasedontheActveDutyStatusDate
LeftActiveDutyWithin367DaysofAchveDutyStatusDate
ActveDutyStartDate ActiveDutyEndDate Status S enent
NA . A
H.sresponse theAchyeDutySmiusDate
wneretheirdmdualleftactivedutystatuswithin367caysprecedmg
reflects
TheMember ofa FutureCaMJptoActiveDutyonActWe
orHis/HerUnitWasNotified DutystatusDate
OrderNotification
StartDate OrderNotitcatonEndDate Status ServteC:G=Çt.
NA NA No NA
Th:sresponse wnePertheandIvidual
reflects orhis/herunitnasreceived
ea") -sh'e to eportforactiveduty
Upon searching the data banks of the Cups,‡.,s,d of Defense Manpower Data Center, based on the .nfermetten 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 infG-nõtiGGOn a Servicemember or his/her unit receiving not!Ecet!en of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - Manpower Data Center
400 Gigling Rd.
Seaside, CA 93955
FILED: RICHMOND COUNTY CLERK 09/05/2018 11:32 AM INDEX NO. 135621/2015
NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/05/2018
The Defense Menpower 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 GñforcGmsat of the Servicsmsmbers Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (forrnerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any inicrmatian indicating that the
individual is currently on active duty" responses, and has exper:Gñced 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 cGGtâct;Ggthat person's Service. Service contact
information can be found on the SCRA website's FAQ. paae (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. 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. ? 521(c).
This response reflects the following iGfGrmatiGG:(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
Duty status within 367 days þreceding the Active Duty Status Date (3) Whether the individual or his/her unit received early GGt|f|cai|GG
to report for active
duty on the Active Duty Status Date.
Status"
More information on "Active Duty
Active duty status as reported in this certificats is defined in âccGrdâGcewith 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 smergency declared by the
President and r;;± 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 Administrater (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commiccioned officer of the U.S.
Public Health Service or the National Oceanic and Atmcapheric 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 protect!ens 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 prefectians. 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.
Fudhcrmcis, 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.
Preview
FILED: RICHMOND COUNTY CLERK 09/05/2018 11:32 AM INDEX NO. 135621/2015 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/05/2018 EXHIBIT G FILED: RICHMOND COUNTY CLERK 09/05/2018 11:32 AM INDEX NO. 135621/2015 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/05/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF RICHMOND - - - - - - - - - - - - - - - - - - - X INDEX NO. 135621/15 EMIGRANT BANK (FORMERLY KNOWN AS EMIGRANT SAVINGS BANK AND NEW YORK PRIVATE BANK & TRUST) Plaintiff, AFFIRMATION -against- OF NON- MILITARY SERVICE SOFIA TSOUKAS, STEVE TSOUKAS A/K/A STEVEN TSOUKAS, EXETER HOLDING, LTD., SHERMAN & ZALENKO, LLC, NEW YORK CITY ENVIRONMENTAL CONTROL BOARD, THE INTERNAL REVENUE SERVICE, Defendants. - - - - - - - - - - - - - - - - - - - X Christopher E. Medina, an attorney duly admitted to practice in the courts of the State of New York, affirms the following to be true under penalty of perjury: 1. I am an associate with the firm STAGG, TERENZI, CONFUSIONE & attorneys for plaintiff in the above- WABNIK, LLP, entitled action. 2. I submit this affirmation in support of the plaintiff's application for entry of judgment. 3. This affirmation is made Soldiers' pursuant to the and Sailors' Civil Relief of Act 1940, as amended, 50 U.S.C.A. App. Secs FILED: RICHMOND COUNTY CLERK 09/05/2018 11:32 AM INDEX NO. 135621/2015 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/05/2018 5015t, seq, for the purpose of entry of judgment against Sofia Tsoukas and Steve Tsoukas. 4. Our office is a registered user of the United States Department of Defense, Defense Manpower Data Center's (DMDC) Military Verification Program based at their Human Resources Activity Center at 1800 Wilson Blvd., Suite 400, Arlington, VA. 22209. 5. As an authorized user of the site, our office is allowed to log in to determine whether or not a defendant is or is not active in the military. 6. Our office was provided with the defendants' social security number from a credit report that plaintiff had in their loan file. On August 28, 2018, our office conducted a search wherein we submitted to the DMDC the defendant's full name and social security number (xxx-xx-6689)and (xxx-xx-6625). The response, (a of which copy is annexed hereto as Exhibit "G"), indicated that the defendants are not active in the military. 7. Therefore, plaintiff respectfully requests that the Judgment of Foreclosure and Sale be entered. Dated: Garden City, New York August 30, 2018 Christopher E. Medina FILED: RICHMOND COUNTY CLERK 09/05/2018 11:32 AM INDEX NO. 135621/2015 NYSCEF DOC. NO. 58 RECEIVED Results asof: NYSCEF: 09/05/2018 of Defe Maripovver Center Aug-28-2018 01:48:59 PM Department se Data SCRA4.6 Staing Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-6625 Birth Date: Last Name: TSOUKAS First Name: STEVEN Middle Name: Status As Of: Aug-28-2018 Certificate ID: YP79Z15M9CQ84V2 . OnActiveDutyOnActave DutyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status ServiceCr :-:- NA NA . No NA Ths response theIndividuals' reflects activedutystatusbasedontheActveDutyStatusDate LeftActiveDutyWithin367DaysofAchveDutyStatusDate ActïveDutyStartDate ActiveDutyEndDate . Status Semcecomponent NA A No NA Th:sresponse wheretheindividua.e'tactivedutystatusw.thin367dayspreced.r;g reSects •heActiveDEty StatusDate TheMember or½strwrurin.vvas Natified toActiveDutyonAchveDutyStatusDate ofaFutumCall-Up OrderNottfication StartDate OrderNotification EndDate . Status SemcaComponent No .- , NA Thisresponse resects wheinetheindividual earlynotificatter orks/herumthasrecehied toreportfo activecuty Upon searching the data banks of the Dep -t of Defense Mai wo Data Center based on the oJo o 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 informet!en on a Servicemember or his/her unit receiving net!ñeetion of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 FILED: RICHMOND COUNTY CLERK 09/05/2018 11:32 AM INDEX NO. 135621/2015 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/05/2018 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintains the Defense EnrG||ment 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 shfarcGmGntof the Servicemembers Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (forrnerly 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 atherwise 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 irifennation can be fnend en the-SCRA-website's-F-AQ-pagWa-this-URI--·-httne://ecre.d-de.acd.mil/faq2ht e-t was on active duty for the active duty status date and you fail to obtain this additional Service verification, punitive picvisions of the SCRA may be invoked against you. See 50 USC App. ? 521(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 natification 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 sccc-dâ-cs 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 purpos.es of responding to a national emergency declared by the President and euppeded 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 Adm!n!etret!en 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 commiccioned 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 pictscticas 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 pretEt!éë Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protecticas are based have not been amended to extend the inclusive dates of service. FurthGrmciG, 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 pictêcticas 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 güãrâGtâGdto 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. FILED: RICHMOND COUNTY CLERK 09/05/2018 11:32 AM INDEX NO. 135621/2015 NYSCEF DOC. NO. 58 RECEIVED Results NYSCEF: asof: Aug-28-2018 09/05/2018 01:49:46 PM Department of Defense Manpower Data Center SCRA4.6 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-6689 Birth Date: Last Name: TSOUKAS First Name: SOFIA Middle Name: Status As Of: Aug-28-2018 Certificate ID: XJ5VDSX3K6XKC9S OnActive.DutyOnActiveDútyStatusDate ActiveDutyStartDate ActiveDutyEndDate Status Service Component NA NA . . No NA This-esponserefectstheIndiv.daals' activedutystatusbasedontheActveDutyStatusDate LeftActiveDutyWithin367DaysofAchveDutyStatusDate ActveDutyStartDate ActiveDutyEndDate Status S enent NA . A H.sresponse theAchyeDutySmiusDate wneretheirdmdualleftactivedutystatuswithin367caysprecedmg reflects TheMember ofa FutureCaMJptoActiveDutyonActWe orHis/HerUnitWasNotified DutystatusDate OrderNotification StartDate OrderNotitcatonEndDate Status ServteC:G=Çt. NA NA No NA Th:sresponse wnePertheandIvidual reflects orhis/herunitnasreceived ea") -sh'e to eportforactiveduty Upon searching the data banks of the Cups,‡.,s,d of Defense Manpower Data Center, based on the .nfermetten 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 infG-nõtiGGOn a Servicemember or his/her unit receiving not!Ecet!en of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - Manpower Data Center 400 Gigling Rd. Seaside, CA 93955 FILED: RICHMOND COUNTY CLERK 09/05/2018 11:32 AM INDEX NO. 135621/2015 NYSCEF DOC. NO. 58 RECEIVED NYSCEF: 09/05/2018 The Defense Menpower 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 GñforcGmsat of the Servicsmsmbers Civil Relief Act (50 USC App. ? 501 et seq, as amended) (SCRA) (forrnerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any inicrmatian indicating that the individual is currently on active duty" responses, and has exper:Gñced 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 cGGtâct;Ggthat person's Service. Service contact information can be found on the SCRA website's FAQ. paae (Q33) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#Q33. 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. ? 521(c). This response reflects the following iGfGrmatiGG:(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active Duty status within 367 days þreceding the Active Duty Status Date (3) Whether the individual or his/her unit received early GGt|f|cai|GG to report for active duty on the Active Duty Status Date. Status" More information on "Active Duty Active duty status as reported in this certificats is defined in âccGrdâGcewith 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 smergency declared by the President and r;;± 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 Administrater (RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commiccioned officer of the U.S. Public Health Service or the National Oceanic and Atmcapheric 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 protect!ens 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 prefectians. 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. Fudhcrmcis, 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.