Preview
FILED: YATES COUNTY CLERK 09/17/2021 10:55 AM INDEX NO. 2021-5180
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/17/2021
EXHIBIT3
FILED: YATES COUNTY CLERK 09/17/2021 10:55 AM INDEX NO. 2021-5180
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/17/2021
STATE OF NEW YORK
SUPREMECOURT YATES COUNTY
ESL FEDERAL CREDIT UNION
NON-MILITARY
Plaintiff, AFFIRMATION
vs. Index No.:2021-5180
MATTHEW G. HOWELL
Defendant.
The undersigned, an attorney duly admitted to practice law in the State of New York, affirms
the following under penalties of perjury:
1. As of the date of this Affirmation, a request was made to the Department of Defense,
Manpower Data Center, 1600 Wilson Blvd., Suite 400, Arlington, VA 22209-2593,
inquiring if the Defendant Matthew G. Howell ("Defendant") is in the military service.
2. I provided the Department of Defense with the Defendant's full name as it appears in
the caption and, if available, the Defendant's social security number. The military
investigation resulted in a report indicating that the Defendant is not in the military
service. A copy of the response is annexed hereto.
3. Based upon the response from the Department of Defense, dated September 16, 2021, I
can clearly state that the Defendant is not in the military service.
Dated: September 16, 2021
Kevin Tompsett, Esq.
Mary M. Connors, Esq.
Harris Beach PLLC
99 Garnsey Road
Pittsford, NY 14534
(585) 419-8800
FILED: YATES COUNTY CLERK 09/17/2021 10:55 AM INDEX NO. 2021-5180
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/17/2021
. asof: Sep-16-2021
Results 01:56:21
PM
Department of Defense Mañpower Data Center
SCRA5.9
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX-M
Birth Date:
Last Name: HOWELL
First Name: MATTHEW
Middle Name: G
Status As Of: Sep-16-2021
Certificate ID: P832F37J6D90BKH
cuveDutyOn.Active
DutyS s Da .1 . .
.,4 . & ActiveDutyStartDate
NA
Ac e ú t
No
s e o ponent
NA
W
NA .. .
Thisresponse theindv duals'activedutystatusbasedon
reflects StatusDate
t eftActiveDutyWithin367DaysofActiveDutyStatusDate
ActiveÛuty.Staft
Da Activc34 CodDate Status . Service.Çomponent
NA NA No NA
Thisresponse
reflects c 31leftactivedutystatuswithin367dayspreceding
theActiveDutyStatusDate
M ht r His/Her UnitWasNotified
ofa FutureCall-UptoActiveDutyonActiveDutyStatusDate. ... .
o nStartDale .. OrderNotification
EndDate Status S v5 9 ponen .
-- _
NA A No NA
Thisresponse whether
reflects ., ,arunithasreceived
earlynoticbbontoreportforactiveduty
Upon searching the data banks of the r -
-t of Defense Manpower Data Ceñter, based on the infairnõt;GA 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 |rfeeds on a Servicemember or his/her unit receiving ::eimmib: of future orders to report for Active Duty.
Michael V. Sorrento, Director
Department of Defense - iv½ipuwen Data Center
400 Gigling Rd.
Seaside, CA 93955
FILED: YATES COUNTY CLERK 09/17/2021 10:55 AM INDEX NO. 2021-5180
NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/17/2021
The Defense Menpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintaina the Defense EniG||ment and Eligibility
Rõparting 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 safarcamant of the Servicemembêrs Civil Relief Act (50 USC App. § 3901 et seq, as mmandad) (SCRA) (formerly known as
the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thee:2nd: 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 above, or any family
member, friend, or spresentative 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 r.:ceraged 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: hiip s ilwa.dmdc.oed.m!!/scrs/##P1P. If you have evidence the person
was on active duty for the active duty sta,tus date and you fail to obtain this edd!!!ene! Service verificat|cs, punitive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(c).
This response reflects the following !ñferm2t!én: (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 ±i1:i¡= to repod 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 âccGidâñce with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less
than 30 COñ5Gcutivedays 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 emé rgency declared by the
President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mob!!!zet!0n position in the
unit they support. This includes Navy Training and Adn niawaa 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 ::"",d officer of the U.S.
Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Ceem ±±?énadCorps).
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 pictêcticas 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 pictécticñs. Persons seeking to rely on this website
certm· ±t!en should check to make sure the orders on which SCRA prGtectians are based have not been amended to extend the inclusive dates of service.
Fudhermore, some pict6cticñs 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 pret::t!Gns 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 perentééd 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: YATES COUNTY CLERK 09/17/2021 10:55 AM INDEX NO. 2021-5180 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/17/2021 EXHIBIT3 FILED: YATES COUNTY CLERK 09/17/2021 10:55 AM INDEX NO. 2021-5180 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/17/2021 STATE OF NEW YORK SUPREMECOURT YATES COUNTY ESL FEDERAL CREDIT UNION NON-MILITARY Plaintiff, AFFIRMATION vs. Index No.:2021-5180 MATTHEW G. HOWELL Defendant. The undersigned, an attorney duly admitted to practice law in the State of New York, affirms the following under penalties of perjury: 1. As of the date of this Affirmation, a request was made to the Department of Defense, Manpower Data Center, 1600 Wilson Blvd., Suite 400, Arlington, VA 22209-2593, inquiring if the Defendant Matthew G. Howell ("Defendant") is in the military service. 2. I provided the Department of Defense with the Defendant's full name as it appears in the caption and, if available, the Defendant's social security number. The military investigation resulted in a report indicating that the Defendant is not in the military service. A copy of the response is annexed hereto. 3. Based upon the response from the Department of Defense, dated September 16, 2021, I can clearly state that the Defendant is not in the military service. Dated: September 16, 2021 Kevin Tompsett, Esq. Mary M. Connors, Esq. Harris Beach PLLC 99 Garnsey Road Pittsford, NY 14534 (585) 419-8800 FILED: YATES COUNTY CLERK 09/17/2021 10:55 AM INDEX NO. 2021-5180 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/17/2021 . asof: Sep-16-2021 Results 01:56:21 PM Department of Defense Mañpower Data Center SCRA5.9 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX-M Birth Date: Last Name: HOWELL First Name: MATTHEW Middle Name: G Status As Of: Sep-16-2021 Certificate ID: P832F37J6D90BKH cuveDutyOn.Active DutyS s Da .1 . . .,4 . & ActiveDutyStartDate NA Ac e ú t No s e o ponent NA W NA .. . Thisresponse theindv duals'activedutystatusbasedon reflects StatusDate t eftActiveDutyWithin367DaysofActiveDutyStatusDate ActiveÛuty.Staft Da Activc34 CodDate Status . Service.Çomponent NA NA No NA Thisresponse reflects c 31leftactivedutystatuswithin367dayspreceding theActiveDutyStatusDate M ht r His/Her UnitWasNotified ofa FutureCall-UptoActiveDutyonActiveDutyStatusDate. ... . o nStartDale .. OrderNotification EndDate Status S v5 9 ponen . -- _ NA A No NA Thisresponse whether reflects ., ,arunithasreceived earlynoticbbontoreportforactiveduty Upon searching the data banks of the r - -t of Defense Manpower Data Ceñter, based on the infairnõt;GA 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 |rfeeds on a Servicemember or his/her unit receiving ::eimmib: of future orders to report for Active Duty. Michael V. Sorrento, Director Department of Defense - iv½ipuwen Data Center 400 Gigling Rd. Seaside, CA 93955 FILED: YATES COUNTY CLERK 09/17/2021 10:55 AM INDEX NO. 2021-5180 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 09/17/2021 The Defense Menpower Data Center (DMDC) is an organization of the Department of Defense (DoD) that maintaina the Defense EniG||ment and Eligibility Rõparting 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 safarcamant of the Servicemembêrs Civil Relief Act (50 USC App. § 3901 et seq, as mmandad) (SCRA) (formerly known as the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thee:2nd: 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 above, or any family member, friend, or spresentative 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 r.:ceraged 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: hiip s ilwa.dmdc.oed.m!!/scrs/##P1P. If you have evidence the person was on active duty for the active duty sta,tus date and you fail to obtain this edd!!!ene! Service verificat|cs, punitive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c). This response reflects the following !ñferm2t!én: (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 ±i1:i¡= to repod 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 âccGidâñce with 10 USC § 101(d) (1). Prior to 2010 only some of the active duty periods less than 30 COñ5Gcutivedays 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 emé rgency declared by the President and supported by Federal funds. All Active Guard Reserve (AGR) members must be assigned against an authorized mob!!!zet!0n position in the unit they support. This includes Navy Training and Adn niawaa 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 ::"",d officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration (NOAA Ceem ±±?énadCorps). 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 pictêcticas 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 pictécticñs. Persons seeking to rely on this website certm· ±t!en should check to make sure the orders on which SCRA prGtectians are based have not been amended to extend the inclusive dates of service. Fudhermore, some pict6cticñs 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 pret::t!Gns 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 perentééd 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.