On May 17, 2022 a
Exhibit,Appendix
was filed
involving a dispute between
M&T Bank,
and
Cody J. Nichols,
John Doe,
Manufacturers And Traders Trust Company,
for Real Property - Mortgage Foreclosure - Residential
in the District Court of Erie County.
Preview
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/08/2023
Exhibit J
{5318969: }
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/08/2023
SUPREME COURT STATE OF NEW Y ORK Index No. 805833/2022
COUNTY OF ERIE
AFFIDAVIT OF DUB DILIGENCE
M&T BANK, Plaintiff
Client File No.: 105180
vs.
CODY J. NICHOLS, ET AL., Defendant(s)
STATE OF NEW YORK
COUNTY OF ERIE, SS:
Jillian Samit, the undersigned, being duly sworn, deposes and says that I am over the age of eighteen and not
a party to this action. I reside in the State of New York.
That on May 19, 2022, your deponent received from Woods Oviatt Oilman LLP, the attorneys for the plaintiff
in this action, the E-FILE NOTICE; SUMMONS AND COMPLAINT; CERTIFICATE OF MERIT; 1303
NOTICE-Help for Homeowners in Foreclosure in bold fourteen-point type and printed on colored paper, and
the title to the notice printed in twenty-point type in compliance with RPAPL Sect 1303 for service upon
CODY J. NICHOLS at 8497 Heath Road, Colden, New York 14033.
Your deponents agent made a due and diligent effort to effect said service upon CODY J. NICHOLS by
making a personal visit to the aforementioned address on the following dates: Thurs. 5/19/22 at 5:05 PM and
8:08 PM; Fri. 5/20/22 at 9:15 AM and 7:41 PM; Sat. 5/21/22 at 9:45 AM and 5:59 PM; Mon. 5/23/22 at 7:05
PM; Tues. 5/24/22 at 10:18 AM and 6:56 PM; Fri. 5/27/20 at 8:55 PM; Sat. 5/28/22 at 2:16 PM; and Wed.
6/1/22 at 10:10 AM. On each attempt, no answer at the door, no vehicles in driveway, no activity inside, mail
piling up. On 5/24/22, spoke to neighbor at 8511 Heath who statedhe hasn't seen defendant at the property in
a few weeks. He stated if the defendant was home, his truck would be in the driveway. Followed up with
neighbor on 6/1/22, he stated he still hasn't seen the defendant or any vehicles at the property. (See Exhibit I)
Your deponent made a formal request upon the United States Postal Service at Colden, New York 14033 for
CODY J. NICHOLS at 8497 Heath Road, Colden, New York 14033 and received a response "No change of
address order on file". (See Exhibit II)
Your deponent made a formal request upon the New York State Department of Motor Vehicles for CODY
NICHOLS that returned a result listing the address as 8497 Heath Road, Colden, NY 14033. (See Exhibit III)
Your deponent conducted a skip trace for CODY J. NICHOLS that provides a possible alternate address of
6685 Scherff Road, Orchard Park, New York 14127. (See Exhibit IV)
Your deponents agent made a due and diligent effort to effect said service upon CODY J. NICHOLS by
making a personal visit to the aforementioned address on 5-25-2022 and stated, "Woman answered the door,
was very standoffish, stated defendant used to live here but doesn't anymore. I asked her if he's still living at
the property in Colden. she stated she didn't know if that was my business. I read off the address to her and she
information."
stated something along the lines of "yeah I guess thats the address". Refused any further (See
Exhibit V)
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022
NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/08/2023
Your deponent made a fonnel request upon the United States Postal Service at Orchard New York 14127
Park,
for CODY 1 NICROLS at 6685 Soberff Road Orchard Park, New York 14127 and reewived a response No
ähange of address prder on file"d$ee Fahibit VI)
hur depnuent conducted anothpr dip trace for CODY J NICHDLS that provides possible 224.
addresses,
Kennebec Road, Grand BlanceM1 48439 and 2657 Dean Road, MI 48355dSee Exhibit
Highland, VII)
Ypur depoáents agent made a due diligent éffort to effec COIN
and said senrice upon & NICEOL8 by
making a personal visit to 1224 Kennebee Road Grand Blane, MI 4$439 on 6-8 2022 aDd stgred "I received
a call from Cody NichQ1se I came back to serve him and when I gave him the documents he told me that his
naine h not Cody L Nichols; His name % Cody D. Nichols. ‰e states that he hás had issues vdth lenders,
insurange and banking since he graduated from high school with regárd to mistakenidentity to the poird that
he uses hip first and middle pass now to aveid this prph
.
courtty Radius phon, non AgeRaruce AcadMore
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1. CODY
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NICOLS 92307t72220 --.--------- Wori
Document Filed Date
August 08, 2023
Case Filing Date
May 17, 2022
Category
Real Property - Mortgage Foreclosure - Residential
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Preview
FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/08/2023 Exhibit J {5318969: } FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/08/2023 SUPREME COURT STATE OF NEW Y ORK Index No. 805833/2022 COUNTY OF ERIE AFFIDAVIT OF DUB DILIGENCE M&T BANK, Plaintiff Client File No.: 105180 vs. CODY J. NICHOLS, ET AL., Defendant(s) STATE OF NEW YORK COUNTY OF ERIE, SS: Jillian Samit, the undersigned, being duly sworn, deposes and says that I am over the age of eighteen and not a party to this action. I reside in the State of New York. That on May 19, 2022, your deponent received from Woods Oviatt Oilman LLP, the attorneys for the plaintiff in this action, the E-FILE NOTICE; SUMMONS AND COMPLAINT; CERTIFICATE OF MERIT; 1303 NOTICE-Help for Homeowners in Foreclosure in bold fourteen-point type and printed on colored paper, and the title to the notice printed in twenty-point type in compliance with RPAPL Sect 1303 for service upon CODY J. NICHOLS at 8497 Heath Road, Colden, New York 14033. Your deponents agent made a due and diligent effort to effect said service upon CODY J. NICHOLS by making a personal visit to the aforementioned address on the following dates: Thurs. 5/19/22 at 5:05 PM and 8:08 PM; Fri. 5/20/22 at 9:15 AM and 7:41 PM; Sat. 5/21/22 at 9:45 AM and 5:59 PM; Mon. 5/23/22 at 7:05 PM; Tues. 5/24/22 at 10:18 AM and 6:56 PM; Fri. 5/27/20 at 8:55 PM; Sat. 5/28/22 at 2:16 PM; and Wed. 6/1/22 at 10:10 AM. On each attempt, no answer at the door, no vehicles in driveway, no activity inside, mail piling up. On 5/24/22, spoke to neighbor at 8511 Heath who statedhe hasn't seen defendant at the property in a few weeks. He stated if the defendant was home, his truck would be in the driveway. Followed up with neighbor on 6/1/22, he stated he still hasn't seen the defendant or any vehicles at the property. (See Exhibit I) Your deponent made a formal request upon the United States Postal Service at Colden, New York 14033 for CODY J. NICHOLS at 8497 Heath Road, Colden, New York 14033 and received a response "No change of address order on file". (See Exhibit II) Your deponent made a formal request upon the New York State Department of Motor Vehicles for CODY NICHOLS that returned a result listing the address as 8497 Heath Road, Colden, NY 14033. (See Exhibit III) Your deponent conducted a skip trace for CODY J. NICHOLS that provides a possible alternate address of 6685 Scherff Road, Orchard Park, New York 14127. (See Exhibit IV) Your deponents agent made a due and diligent effort to effect said service upon CODY J. NICHOLS by making a personal visit to the aforementioned address on 5-25-2022 and stated, "Woman answered the door, was very standoffish, stated defendant used to live here but doesn't anymore. I asked her if he's still living at the property in Colden. she stated she didn't know if that was my business. I read off the address to her and she information." stated something along the lines of "yeah I guess thats the address". Refused any further (See Exhibit V) FILED: ERIE COUNTY CLERK 08/08/2023 02:25 PM INDEX NO. 805833/2022 NYSCEF DOC. NO. 51 RECEIVED NYSCEF: 08/08/2023 Your deponent made a fonnel request upon the United States Postal Service at Orchard New York 14127 Park, for CODY 1 NICROLS at 6685 Soberff Road Orchard Park, New York 14127 and reewived a response No ähange of address prder on file"d$ee Fahibit VI) hur depnuent conducted anothpr dip trace for CODY J NICHDLS that provides possible 224. addresses, Kennebec Road, Grand BlanceM1 48439 and 2657 Dean Road, MI 48355dSee Exhibit Highland, VII) Ypur depoáents agent made a due diligent éffort to effec COIN and said senrice upon & NICEOL8 by making a personal visit to 1224 Kennebee Road Grand Blane, MI 4$439 on 6-8 2022 aDd stgred "I received a call from Cody NichQ1se I came back to serve him and when I gave him the documents he told me that his naine h not Cody L Nichols; His name % Cody D. Nichols. ‰e states that he hás had issues vdth lenders, insurange and banking since he graduated from high school with regárd to mistakenidentity to the poird that he uses hip first and middle pass now to aveid this prph . courtty Radius phon, non AgeRaruce AcadMore - SecurityNews t analsument inarnatle NewSeemityCatiterl OHarLastName OtherCity - CUCKHERE OtherState OtherState SecurityTip #1 Wke Relative FirstNarne OtherRelativeFirstName er t forallsearches areresponsible performed throughyourUserID Reference Codes133791 ShowAllSecurity TIps Persort Irwestigations Results aws: 1t* W a Search Terms used - Last Narrte: NICHOLS; First Name: CODY; City: COLDENj State: NY; {PEdit Se4rch NOW Scarch n( mPrtrit RescNs ExporttoExcel All FWIBlame Addre.99 Phwe Next.Steps 1. CODY DELDS NICHOLS Relatives CODY JAMES NICHOLS 8497FIEATHRD CODY DNICHOLS COLDEN·NY 14033-9701 Neighbors CODY J NICHots Aug2(i16-May2022 Possible non A ASSOClates CODY RNICHOLS /ProbnMBUnrrent address CODYNICHOLS cQDY NicHOLE [Cwront Nam Relatives,Neighbors & Associates CODY DELOS LexlD: .---.-------------------- Listing Locator NICOLS 92307t72220 --.--------- Wori