On February 08, 2023 a
No Value
was filed
involving a dispute between
State Of New York,
and
Marilyn Negron,
for Commercial - Contract
in the District Court of Montgomery County.
Preview
FILED: MONTGOMERY COUNTY CLERK 05/12/2023 10:32 AM INDEX NO. EF2023-71
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/12/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONTGOMERY
STATE OF NEW YORK,
Plaintiff,
AFFIRMATION OF NON
MILITARY STATUS
- against INDEX NO.: EF2023-71
MARILYN NEGRON,
Defendant(s).
381478
Amanda Stern, an attorney duly admitted to practice before the Courts of
the State of New York, hereby affirms under penalty of perjury:
1. I am an attorney in the office of Letitia James, Attorney General
of the State of New York, attorney for the Plaintiff.
2. Pursuant to my duties, and in furtherance of the submission of a
proposed default judgment against the defendant(s) identified above, I
caused inquiries to be made regarding status of the defendant(s) as an
active duty member of the armed forces of the United States.
3. To this end, an employee of my office accessed the Servicemembers
Civil Relief Act website maintained by the Defense Manpower Data Center's
Military Verification Service of the United States Department of Defense.
This website verified that the defendant was not an active member of the
armed forces of the United States of America.
4. Attached hereto is a copy of a Military Status Report signed by the
Director of the Defense Manpower Data Center stating that a search of
defendant's name and/or social security number showed no match to
information in the Data Center's data banks and setting forth the time and
date of this report. The Defense Manpower Data Center has advised my
office that if the defendant were in military service, the report would
show active duty status and that a failure to find a match means that the
defendant is not currently in active military service. Additionally, I
have no information showing, nor am I aware, that defendant is currently in
the active military service of the State of New York.
Alba�t, NY
Dated:May �' 2023
\)AA��---
�manda Stern
Assistant Attorney General
Civil Recoveries Bureau
The Capitol
Albany , NY 12224
(518) 776-2173
JM901 *printed on·recycled paper GS
1 of 3
FILED: MONTGOMERY COUNTY CLERK 05/12/2023 10:32 AM INDEX NO. EF2023-71
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/12/2023
Department of Defense Manpower Data Center Results as of: May-03-2023 10:51 :43 AM
SCRA 5.16
Status Report
Pursuant to Service-membc.,� Civil Relief Act
SSN: XXX-XX-1211
Birth Date: Jan-XX-1975
Last Name: NEGRON
First Name: MARILYN
Middle Name:
Status As Of: May-03-2023
Certificate ID: YJNFL1TN64XKGT9
On Active Duty On Active Duty Status Date
Active Duty Start Date I Active Duty End Date I Status I Service Component
NA
I NA
I No
I NA
This response reflects the individuals' active duty status based on the Active Duty Status Date
Left Active Duty Within 367 Days of Active Duty Status Date
Active Duty Start Date
I Active Duty End Date
I Status I Service Component
NA I NA I No I NA
This response reflects where the individual teft active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Untt Was Notified of a Future Gall-Up to Active Duty on Active Duty Status Date
Order Notification Start Date
I Order Notification End Date
I Status
I Service Component
NA
I NA I No I NA
This response reflects whether the individual or his/her unit has received early notification to report for active duty
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, CA 93955
2 of 3
FILED: MONTGOMERY COUNTY CLERK 05/12/2023 10:32 AM INDEX NO. EF2023-71
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/12/2023
The Defense Manpower 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 enforcement of the Servicemembers Civil Relief Act (50 USC App.§ 3901 et seq, as amended) (SCRA) (formerly 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 otherwise 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
information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.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 verification. punitive provisions of the SCRA may be invoked
against you. See 50 USC App.§ 3921(c).
This response reflects the following information: (1) The individual's Active Duty status on t_he 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 notification to report for active
duty on the Active Duty Status Date.
More information on "Active Duty Status"
Active duty status as reported in this certificate is defined in accordance with 10 USC§ 101(d) (1). Prior to 201 O 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 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 Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who 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 SGRA 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 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 protections. 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 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.
3 of 3
Document Filed Date
May 12, 2023
Case Filing Date
February 08, 2023
Category
Commercial - Contract
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FILED: MONTGOMERY COUNTY CLERK 05/12/2023 10:32 AM INDEX NO. EF2023-71 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/12/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF MONTGOMERY STATE OF NEW YORK, Plaintiff, AFFIRMATION OF NON MILITARY STATUS - against INDEX NO.: EF2023-71 MARILYN NEGRON, Defendant(s). 381478 Amanda Stern, an attorney duly admitted to practice before the Courts of the State of New York, hereby affirms under penalty of perjury: 1. I am an attorney in the office of Letitia James, Attorney General of the State of New York, attorney for the Plaintiff. 2. Pursuant to my duties, and in furtherance of the submission of a proposed default judgment against the defendant(s) identified above, I caused inquiries to be made regarding status of the defendant(s) as an active duty member of the armed forces of the United States. 3. To this end, an employee of my office accessed the Servicemembers Civil Relief Act website maintained by the Defense Manpower Data Center's Military Verification Service of the United States Department of Defense. This website verified that the defendant was not an active member of the armed forces of the United States of America. 4. Attached hereto is a copy of a Military Status Report signed by the Director of the Defense Manpower Data Center stating that a search of defendant's name and/or social security number showed no match to information in the Data Center's data banks and setting forth the time and date of this report. The Defense Manpower Data Center has advised my office that if the defendant were in military service, the report would show active duty status and that a failure to find a match means that the defendant is not currently in active military service. Additionally, I have no information showing, nor am I aware, that defendant is currently in the active military service of the State of New York. Alba�t, NY Dated:May �' 2023 \)AA��--- �manda Stern Assistant Attorney General Civil Recoveries Bureau The Capitol Albany , NY 12224 (518) 776-2173 JM901 *printed on·recycled paper GS 1 of 3 FILED: MONTGOMERY COUNTY CLERK 05/12/2023 10:32 AM INDEX NO. EF2023-71 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/12/2023 Department of Defense Manpower Data Center Results as of: May-03-2023 10:51 :43 AM SCRA 5.16 Status Report Pursuant to Service-membc.,� Civil Relief Act SSN: XXX-XX-1211 Birth Date: Jan-XX-1975 Last Name: NEGRON First Name: MARILYN Middle Name: Status As Of: May-03-2023 Certificate ID: YJNFL1TN64XKGT9 On Active Duty On Active Duty Status Date Active Duty Start Date I Active Duty End Date I Status I Service Component NA I NA I No I NA This response reflects the individuals' active duty status based on the Active Duty Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date I Active Duty End Date I Status I Service Component NA I NA I No I NA This response reflects where the individual teft active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Untt Was Notified of a Future Gall-Up to Active Duty on Active Duty Status Date Order Notification Start Date I Order Notification End Date I Status I Service Component NA I NA I No I NA This response reflects whether the individual or his/her unit has received early notification to report for active duty 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, CA 93955 2 of 3 FILED: MONTGOMERY COUNTY CLERK 05/12/2023 10:32 AM INDEX NO. EF2023-71 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 05/12/2023 The Defense Manpower 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 enforcement of the Servicemembers Civil Relief Act (50 USC App.§ 3901 et seq, as amended) (SCRA) (formerly 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 otherwise 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 information can be found on the SCRA website's FAQ page (Q35) via this URL: https://scra.dmdc.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 verification. punitive provisions of the SCRA may be invoked against you. See 50 USC App.§ 3921(c). This response reflects the following information: (1) The individual's Active Duty status on t_he 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 notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§ 101(d) (1). Prior to 201 O 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 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 Administrator (RPAs). Active Duty status also applies to a Uniformed Service member who 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 SGRA 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 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 protections. 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 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. 3 of 3