Preview
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023
Exhibit G
{5318969: }
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023
Department of Defense Manpower Data Center Resu%esW: Aug4202308:3249AM
SCRA5.17
Pursuant to Servicemembers Civil ReHef Act
SSN: XXX-XX.
Birth Date:
Last Name: NICHOLS
First Name: CODY
Middle Name: J
Status As Of: Aug-08-2023
Certificate ID: Y5N6N87WDMVT758
OnAo veDutyOr imtveDutyS·alusDale
AdiveOtrySlw!Dale ActivaD;ilyEndDete . Status SerWce
Componerd
NA NA No Na
T·iisissponsereicc%meir.c.iƒ1nela vedulyslbJBliaBed01tl p ActiveÓut½
Stras cµ.e
I.ef'.AclNeDef Wtho367DaysofActivnDoty
StatusDate
ActiveQutyS·.a:1DE
e ActiveDmyžntiDate Status SaviaeCornpanent
NA NA No AA
_ __
TbsresM3rse
reflectswhercihorb,M¦.a é sclivedu·.y
waiJsW n 30/dayamneing i19ActiveDJlyslEJB
. TheMember
rahisye-UnitWesNcafiedofaTuturecalhUp·.0A5ve DuÈonActiveDutyStm.aDea
Oto) No4fication
5·:# Date orderNatIticatior.
ErniDate Status Service
Component
AA NA . . he NA
-his r poaselelles.sw@murt oindwicual
orhismaran11
hoeuelvaeexiy noti5Cabon
tocr.podfaran vsMily
Upon sea ching the data banks of the Depar.merit of Defense Manpowe.- Data Center, based m the information tha' you provided, the above s tne status 01
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.
Sam Yousefzadeh, Acting Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Alexandria, VA 22350
105180-1 Alias
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023
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 eligibiljty 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
Soldiers'
the 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 individua( referenced
above, or any family
member, friend, or representative asserts In any inanner 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.dmdo.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 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 notification 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 accordance 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 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 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 se 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 §l01(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.
105180-1 fas
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023
Department of Defense Manpower Data Center Resultsasof: Aug-08-2023
06:32:49
AM
SCRA5.17
Status Report
Pursuant to Servicemembers Civil ReHef Act
SSN: XXX-XX-
Birth Date:
Last Name: NICHOLS
First Name: CODY
Middle Name:
Status As Of: Aug-08-2023
Certificate ID: YK292YLCO3VR4Y9
OnActNeDutyon ActiveDutyStatusDete
. ActiveDixyStartnate . · Aclta Ot4yEndDate. Status Serv;oe
Ceraponent
NA NA No AA
-l:is ~esponuc
rcMactsthe:hdr®cua
ectiv2ot.:yst asb.sedcr As AcdveDuty9tma.9
i'ate
-- LeftActivoDutyWithin367GeyeMActiveDi.ry3tatur.Dese
ActiveD:JtyStadDaw ActiveDutyI-96Dato Status &^ñce Component
NA . NA No NA
-hin aponse reflectswsprothe,rthvicca!r-rtactivocetyrJat.,is
tiUin 367daysare:28incne ActiveDutyStausDa:c
TNMembeorNetherunitthNostree ofa Fu te Call-UptoAdveDutyonArEveDutyStatusDEte
O.or Natnical:.on
Stne0010 OniorNatifeatonEndOate . Status ServiceComponent
NA NA No . NA
Tos raspow + ecsvdc·:,2r17cmd;vIces
w Astlwyuni:Ji9racnived
earlynoTicador13reportimac'iveeaty
Jpon searching tle data banks of the Departmen- of Defense Manpower Data Center, based on the
inforrnation that you proviced. the above is the status of
the indMdua[ 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 Servicernember or his/her unit
receiving notification of future orders to report for Active Duty.
Sarn Yousefzadeh, Acting Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Alexandria, VA 22350
105180-1 lias-P
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023
The Defense Manpower Data Center (DMDC) is an organtzstion 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 rnedical care and other ellglbility 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
Soldiers'
the 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 asseris 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.oad.mil/scra/#/faqs. If you have evidence the person
was on active duty for the active duty status date and you fall 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 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 notification 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 accordance 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 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 appiles to a Uniformed Service member who is an active duty commissioned officer of the U.S.
Public Health Service or the Nationaj 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 protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods.
Tithe32 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 seeldng 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 af1rights 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.
105180-1 Lias-P
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
FILED ERIE COUNTY CLERK INDEX NO. 805833/2022
: 07/19 /2023 11: 2 6 AM)
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/19/2023
STATE OF NEW YORK
SUPREME COURT: COUNTY OF ERIE
M&T BANK,
Index No.: 805833/2022
Plaintiff,
v.
CODY J. NICHOLS, MANUFACTURERS AND TRADERS
TRUST COMPANY, JOHN DOE,
Defendants,
AFFIDAVIT OF INVESTIGATOR- NON-MILITARY STATUS
STATE OF NEW YORK, COUNTY OF MONROE) ss.:
The undersigned, being duly sworn, deposes and says: That your deponent is not a party to this
action, is over the age of eighteen years, and is employed by Woods Oviatt Gilman LLP at 500
Bausch & Lomb Place, Rochester, NY 14604.
This Affidavit is submitted to comply with the requirements of the Servicemembers Civil Relieve
Act as it pertains to the following Defendant(s): CODY J. NICHOLS, MANUFACTURERS AND
TRADERS TRUST COMPANY, JOHN DOE, ("Defendant(s)").
As an employee of Woods Oviatt Gilman LLP, attorneys for the Plaintiff, to swear as to my own
personal knowledge v/hether or not the Defendant(s) is/are in military service pursuant to the
United States Soldiers and Sailors Relief Act of 1940, as amended, 50 U.S.C.A. App. Secs. 501 et
seq and the New York State Military Law, Article XIII, Soldiers and Sailors Civil Relief Act,
Sections 300 to 327:
On July 19, 2023, I communicated with the Department of Defense, Defense Manpower Data
Center, 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209, wherein I provided them with
the name, date of birth or social security number of Defendant(s).
105180-1
1 of 6
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
INDEX NO. 805833/2022
FILED : ERIE COUNTY CLERK 07/19/2023 11:26 AM|
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023
NY SCE F DOC . NO. 36 RE CE IVE D NY S CE F: 07 /19/2023
From the facts set forth, Affiant has determined that the Defendant Cody J. Nichols is not in any
branch of the military service on active duty at the present time.
Dated: July 19, 2023
Ashley Bohm
Sworn to before me on July 19, 2023
Notary Pubhe
CHRISTINE N, NEWMAN
of New York
Notary PubHc, State
Qualified in Monroe county
No,01bo6278567 ,5
Cotnmissidn Expires March 25, 2D
105180-I
2 of 6
FILED: INDEX NO. 805833/2022
FILED: ERIE
ERIE COUNTY
COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
CLERK 7 9 2 3 1: 6
NYSCEF
NY DOC. ONO.N 48 RECEIVED
RECEWE NYSCEF: 08/08/2023
Q23
9 Belense Manpower Data Center
SCRA5.17
Status Report
Pursuant to Servicemembers Civil Relief Act
SSN: XXX-XX
Birth Date:
Last Name: NICHOLS
First Name: CODY
Middle Name: J
Status As Of: Jul-19-2023
Certificate ID: QBSXK6S3T493BQL
. - 7 -- -
ifyif slýSlatfDate AcfweOlsyEndDide SlatÖS Serv£eComponatfr
NA NA Ne NA
ref&gistlielodivlpuals'
Thisresponse activedutystalusbasedori1heActiveDtityStatusDate
__-_AleflActiveDutyWithin
367Days6tactiveDutyStatus
DAle --
ActiveDuWE1 Osa ActiveD ty EnriOnle Stalde SemceOgnpone·t
NA NA No NA
ThIsresponse
reflects
wherÿttleIt Jividua 1hébelfvpDutyStatusDal:
eftactivedu$ statusv !I1387dayscre:Md7ig
- or His/He"
Thehtember ofaFutse Cal-OptoAciveDcyonActiveDMyStausDale
L1nRWas¯Ndtitled
Oce NatlimtdaStanDate OrderNaOilqatoc
CrkDate Swus Con:porrd,
Sarvice
- --
NA NA-. . . , - No. NA
wte wr Iberdfytotýofh:pther
relies.3
TVsrese0·is-: ungihasrecGive3f yTof:cationIcr:pot tr a I veduty
Upon soarching the data banks of the Depa.-tment of De'erso Manpower Data Center, based on 1he informatIon that you provided, the abovo is the sta!us of
the Individual on the actjve 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 inforrnation on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty.
Sam Yousefzadeh, Acting Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Alexandria, VA 22350
3 of 6 105180-1-9119-Alias
FILED: INDEX NO. 805833/2022
ETLED: ERIE
ERIE COUNTY
COUNTY
CLERK
CLERK
08/08/2023
07/19/2023
02:25
11:26
PM
AM|
INDEX NO. 805833/2022
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023
fenHan ox er a a Center (DMDC) is an organization of the Department of Defense (DoD) that maintai t b f rxse o eni aÊd I gi y
Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other e[igibility 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
Soldiers' Sailors'
the and Civil Relief Act of 194D}. 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.dmdo.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, pun]tive provisions of the SCRA may be invoked
against you. See 50 USC App. § 3921(c),
This response reflects the following information: (1) The individuars 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 notification 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 accordance 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 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 appiies 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 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 cedificate. 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 tomake 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 fast 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.
4 of 6 105180-1-9119-Alias
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
INDEX NO. 805833 / 2 02 2
FILED : ERIE COUNTY CLERK 0 7 / 19 / 2 0 23 11: 2 6 AN|
NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/19 / 2 0 23
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF ERIE
M&T BANK,
Index No.: 805833/2022
Plaintiff,
Property Address:
v. . 8497 Heath Road
Colden, NY 14033
CODY J. NICHOLS, MANUFACTURERS AND
TRADERS TRUST COMPANY, JOHN DOE,
Defendants
REDACTION COVER PAGE
CHECK ALL THAT APPLY:
The document filed contains no confidential personal information, as defined in 22 NYCRR 202.5(e).
The document filed is REDACTED in accordance with 22 NYCRR 202.5(e).
The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e).
(a) The document filed contains SSN (as authorized by the order specified below).
(b) The document filed contains confidential personal information as defined under 22 NYCRR
. . 202.5(e) (as authorized by the order specified below).
This document was previously filed REDACTED.
This document was previously filed UN-REDACTED.
The document filed seeks a remedy under 22 NYCRR 202.5(e)(2).
The document filed seeks a remedy under 22 NYCRR 202.5(e)(3).
Additional information:
There is a previously filed order of the Court regarding this docuinent:
FI yes Fl no
Date of order:
Date order filed:
Other identifying information for such order:
The order of the Court is being filed with the redacted/un-redacted document:
yes - no
Date of order:
Other identifying information for such order:
Signature of filer:
Print Name: Ashley
Clerk
Counsel appearing for: Plaintiff
Filer is Unrepresented/Pro se:
5 of 6
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
FILED: ERIE COUNTY CLERK 07/19/2023 11:26 INDEX NO. 805833/2022
NYSCEF DOC. NO. 48 ANd RECEIVED NYSCEF: 08/08/2023
NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/19/2023
yes no
Date:
6 of 6
Preview
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023 Exhibit G {5318969: } FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023 Department of Defense Manpower Data Center Resu%esW: Aug4202308:3249AM SCRA5.17 Pursuant to Servicemembers Civil ReHef Act SSN: XXX-XX. Birth Date: Last Name: NICHOLS First Name: CODY Middle Name: J Status As Of: Aug-08-2023 Certificate ID: Y5N6N87WDMVT758 OnAo veDutyOr imtveDutyS·alusDale AdiveOtrySlw!Dale ActivaD;ilyEndDete . Status SerWce Componerd NA NA No Na T·iisissponsereicc%meir.c.iƒ1nela vedulyslbJBliaBed01tl p ActiveÓut½ Stras cµ.e I.ef'.AclNeDef Wtho367DaysofActivnDoty StatusDate ActiveQutyS·.a:1DE e ActiveDmyžntiDate Status SaviaeCornpanent NA NA No AA _ __ TbsresM3rse reflectswhercihorb,M¦.a é sclivedu·.y waiJsW n 30/dayamneing i19ActiveDJlyslEJB . TheMember rahisye-UnitWesNcafiedofaTuturecalhUp·.0A5ve DuÈonActiveDutyStm.aDea Oto) No4fication 5·:# Date orderNatIticatior. ErniDate Status Service Component AA NA . . he NA -his r poaselelles.sw@murt oindwicual orhismaran11 hoeuelvaeexiy noti5Cabon tocr.podfaran vsMily Upon sea ching the data banks of the Depar.merit of Defense Manpowe.- Data Center, based m the information tha' you provided, the above s tne status 01 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. Sam Yousefzadeh, Acting Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 22350 105180-1 Alias FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023 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 eligibiljty 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 Soldiers' the 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 individua( referenced above, or any family member, friend, or representative asserts In any inanner 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.dmdo.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 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 notification 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 accordance 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 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 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 se 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 §l01(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. 105180-1 fas FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023 Department of Defense Manpower Data Center Resultsasof: Aug-08-2023 06:32:49 AM SCRA5.17 Status Report Pursuant to Servicemembers Civil ReHef Act SSN: XXX-XX- Birth Date: Last Name: NICHOLS First Name: CODY Middle Name: Status As Of: Aug-08-2023 Certificate ID: YK292YLCO3VR4Y9 OnActNeDutyon ActiveDutyStatusDete . ActiveDixyStartnate . · Aclta Ot4yEndDate. Status Serv;oe Ceraponent NA NA No AA -l:is ~esponuc rcMactsthe:hdr®cua ectiv2ot.:yst asb.sedcr As AcdveDuty9tma.9 i'ate -- LeftActivoDutyWithin367GeyeMActiveDi.ry3tatur.Dese ActiveD:JtyStadDaw ActiveDutyI-96Dato Status &^ñce Component NA . NA No NA -hin aponse reflectswsprothe,rthvicca!r-rtactivocetyrJat.,is tiUin 367daysare:28incne ActiveDutyStausDa:c TNMembeorNetherunitthNostree ofa Fu te Call-UptoAdveDutyonArEveDutyStatusDEte O.or Natnical:.on Stne0010 OniorNatifeatonEndOate . Status ServiceComponent NA NA No . NA Tos raspow + ecsvdc·:,2r17cmd;vIces w Astlwyuni:Ji9racnived earlynoTicador13reportimac'iveeaty Jpon searching tle data banks of the Departmen- of Defense Manpower Data Center, based on the inforrnation that you proviced. the above is the status of the indMdua[ 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 Servicernember or his/her unit receiving notification of future orders to report for Active Duty. Sarn Yousefzadeh, Acting Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 22350 105180-1 lias-P FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023 The Defense Manpower Data Center (DMDC) is an organtzstion 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 rnedical care and other ellglbility 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 Soldiers' the 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 asseris 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.oad.mil/scra/#/faqs. If you have evidence the person was on active duty for the active duty status date and you fall 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 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 notification 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 accordance 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 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 appiles to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the Nationaj 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 protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Tithe32 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 seeldng 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 af1rights 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. 105180-1 Lias-P FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 FILED ERIE COUNTY CLERK INDEX NO. 805833/2022 : 07/19 /2023 11: 2 6 AM) NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/19/2023 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE M&T BANK, Index No.: 805833/2022 Plaintiff, v. CODY J. NICHOLS, MANUFACTURERS AND TRADERS TRUST COMPANY, JOHN DOE, Defendants, AFFIDAVIT OF INVESTIGATOR- NON-MILITARY STATUS STATE OF NEW YORK, COUNTY OF MONROE) ss.: The undersigned, being duly sworn, deposes and says: That your deponent is not a party to this action, is over the age of eighteen years, and is employed by Woods Oviatt Gilman LLP at 500 Bausch & Lomb Place, Rochester, NY 14604. This Affidavit is submitted to comply with the requirements of the Servicemembers Civil Relieve Act as it pertains to the following Defendant(s): CODY J. NICHOLS, MANUFACTURERS AND TRADERS TRUST COMPANY, JOHN DOE, ("Defendant(s)"). As an employee of Woods Oviatt Gilman LLP, attorneys for the Plaintiff, to swear as to my own personal knowledge v/hether or not the Defendant(s) is/are in military service pursuant to the United States Soldiers and Sailors Relief Act of 1940, as amended, 50 U.S.C.A. App. Secs. 501 et seq and the New York State Military Law, Article XIII, Soldiers and Sailors Civil Relief Act, Sections 300 to 327: On July 19, 2023, I communicated with the Department of Defense, Defense Manpower Data Center, 1600 Wilson Boulevard, Suite 400, Arlington, VA 22209, wherein I provided them with the name, date of birth or social security number of Defendant(s). 105180-1 1 of 6 FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 INDEX NO. 805833/2022 FILED : ERIE COUNTY CLERK 07/19/2023 11:26 AM| NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023 NY SCE F DOC . NO. 36 RE CE IVE D NY S CE F: 07 /19/2023 From the facts set forth, Affiant has determined that the Defendant Cody J. Nichols is not in any branch of the military service on active duty at the present time. Dated: July 19, 2023 Ashley Bohm Sworn to before me on July 19, 2023 Notary Pubhe CHRISTINE N, NEWMAN of New York Notary PubHc, State Qualified in Monroe county No,01bo6278567 ,5 Cotnmissidn Expires March 25, 2D 105180-I 2 of 6 FILED: INDEX NO. 805833/2022 FILED: ERIE ERIE COUNTY COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 CLERK 7 9 2 3 1: 6 NYSCEF NY DOC. ONO.N 48 RECEIVED RECEWE NYSCEF: 08/08/2023 Q23 9 Belense Manpower Data Center SCRA5.17 Status Report Pursuant to Servicemembers Civil Relief Act SSN: XXX-XX Birth Date: Last Name: NICHOLS First Name: CODY Middle Name: J Status As Of: Jul-19-2023 Certificate ID: QBSXK6S3T493BQL . - 7 -- - ifyif slýSlatfDate AcfweOlsyEndDide SlatÖS Serv£eComponatfr NA NA Ne NA ref&gistlielodivlpuals' Thisresponse activedutystalusbasedori1heActiveDtityStatusDate __-_AleflActiveDutyWithin 367Days6tactiveDutyStatus DAle -- ActiveDuWE1 Osa ActiveD ty EnriOnle Stalde SemceOgnpone·t NA NA No NA ThIsresponse reflects wherÿttleIt Jividua 1hébelfvpDutyStatusDal: eftactivedu$ statusv !I1387dayscre:Md7ig - or His/He" Thehtember ofaFutse Cal-OptoAciveDcyonActiveDMyStausDale L1nRWas¯Ndtitled Oce NatlimtdaStanDate OrderNaOilqatoc CrkDate Swus Con:porrd, Sarvice - -- NA NA-. . . , - No. NA wte wr Iberdfytotýofh:pther relies.3 TVsrese0·is-: ungihasrecGive3f yTof:cationIcr:pot tr a I veduty Upon soarching the data banks of the Depa.-tment of De'erso Manpower Data Center, based on 1he informatIon that you provided, the abovo is the sta!us of the Individual on the actjve 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 inforrnation on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Sam Yousefzadeh, Acting Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 22350 3 of 6 105180-1-9119-Alias FILED: INDEX NO. 805833/2022 ETLED: ERIE ERIE COUNTY COUNTY CLERK CLERK 08/08/2023 07/19/2023 02:25 11:26 PM AM| INDEX NO. 805833/2022 NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023 fenHan ox er a a Center (DMDC) is an organization of the Department of Defense (DoD) that maintai t b f rxse o eni aÊd I gi y Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other e[igibility 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 Soldiers' Sailors' the and Civil Relief Act of 194D}. 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.dmdo.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, pun]tive provisions of the SCRA may be invoked against you. See 50 USC App. § 3921(c), This response reflects the following information: (1) The individuars 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 notification 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 accordance 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 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 appiies 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 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 cedificate. 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 tomake 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 fast 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. 4 of 6 105180-1-9119-Alias FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 INDEX NO. 805833 / 2 02 2 FILED : ERIE COUNTY CLERK 0 7 / 19 / 2 0 23 11: 2 6 AN| NYSCEF DOC. NO. 48 RECEIVED NYSCEF: 08/08/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/19 / 2 0 23 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE M&T BANK, Index No.: 805833/2022 Plaintiff, Property Address: v. . 8497 Heath Road Colden, NY 14033 CODY J. NICHOLS, MANUFACTURERS AND TRADERS TRUST COMPANY, JOHN DOE, Defendants REDACTION COVER PAGE CHECK ALL THAT APPLY: The document filed contains no confidential personal information, as defined in 22 NYCRR 202.5(e). The document filed is REDACTED in accordance with 22 NYCRR 202.5(e). The document filed is UN-REDACTED in accordance with 22 NYCRR 202.5(e). (a) The document filed contains SSN (as authorized by the order specified below). (b) The document filed contains confidential personal information as defined under 22 NYCRR . . 202.5(e) (as authorized by the order specified below). This document was previously filed REDACTED. This document was previously filed UN-REDACTED. The document filed seeks a remedy under 22 NYCRR 202.5(e)(2). The document filed seeks a remedy under 22 NYCRR 202.5(e)(3). Additional information: There is a previously filed order of the Court regarding this docuinent: FI yes Fl no Date of order: Date order filed: Other identifying information for such order: The order of the Court is being filed with the redacted/un-redacted document: yes - no Date of order: Other identifying information for such order: Signature of filer: Print Name: Ashley Clerk Counsel appearing for: Plaintiff Filer is Unrepresented/Pro se: 5 of 6 FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 FILED: ERIE COUNTY CLERK 07/19/2023 11:26 INDEX NO. 805833/2022 NYSCEF DOC. NO. 48 ANd RECEIVED NYSCEF: 08/08/2023 NYSCEF DOC. NO. 36 RECEIVED NYSCEF: 07/19/2023 yes no Date: 6 of 6