On September 13, 2023 a
affirmation of non-military service
was filed
involving a dispute between
Ferraro Foods, Inc.,
and
Marlo Yanez,
Pizza Cucina Latina Corp.,
for Other Matters - Contract - Other
in the District Court of Nassau County.
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FILED: NASSAU COUNTY CLERK 11/27/2023 02:08 PM INDEX NO. 614842/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
Ferraro Foods Inc. D/B/A CREMOSA
FOOD CO., LLC Index
No.:614842/2023
Plaintiff,
AFFIRMATION OF NON-MILITARY
SERVICE
-against-
Pizza Cucina Latina Corp. and Marlo Yanez
Defendants
STATE OF NEW YORK
COUNTY OF NEW YORK
Derek Medolla, an attorney at law, duly licensed to practice in the Courts of the State of
New York, Affirms the following under the penalty of perjury:
1. I am over 18 years of age and am not a party to this action.
2. I reside in the State of New York.
3. This affirmation is made pursuant to United States Soldiers and Sailor’s Relief Act of
1940, as amended, 50 U.S.C.A. App. Secs. 501et. Seq. for the purpose of the entry of a
judgment against a Defendant(s) in the above entitled action.
4. I provided the Department of Defense Human Resource Activity Defense Manpower
Data Center website with pertinent information about defendant, such as his/her social
security number and/or date of birth. This information was given to me by the plaintiff
who obtained the information.
5. Based upon the response I received from the Department of Defense Manpower Data
Center website dated 11/27/2023, I am convinced that the defendant is not in any branch
of the United States military.
Dated: New York, New York
11/27/2023
1 of 2
FILED: NASSAU COUNTY CLERK 11/27/2023 02:08 PM INDEX NO. 614842/2023
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/27/2023
Department of Defense Manpower Data Center Results as of : Nov-27-2023 01:58:14 PM
SCRA 5.18
SSN: XXX-XX-2166
Birth Date:
Last Name: YANEZ
First Name: MARLO
Middle Name:
Status As Of: Nov-27-2023
Certificate ID: XH137H3Y68HNQGX
On Active Duty On Active Duty Status Date
Active Duty Start Date Active Duty End Date Status Service Component
NA NA No 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 Active Duty End Date Status Service Component
NA NA No NA
This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date
The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date
Order Notification Start Date Order Notification End Date Status Service Component
NA NA No 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, Space 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, Director
Department of Defense - Manpower Data Center
4800 Mark Center Drive, Suite 04E25
Alexandria, VA 22350
2 of 2
Document Filed Date
November 27, 2023
Case Filing Date
September 13, 2023
Category
Other Matters - Contract - Other
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FILED: NASSAU COUNTY CLERK 11/27/2023 02:08 PM INDEX NO. 614842/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/27/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Ferraro Foods Inc. D/B/A CREMOSA FOOD CO., LLC Index No.:614842/2023 Plaintiff, AFFIRMATION OF NON-MILITARY SERVICE -against- Pizza Cucina Latina Corp. and Marlo Yanez Defendants STATE OF NEW YORK COUNTY OF NEW YORK Derek Medolla, an attorney at law, duly licensed to practice in the Courts of the State of New York, Affirms the following under the penalty of perjury: 1. I am over 18 years of age and am not a party to this action. 2. I reside in the State of New York. 3. This affirmation is made pursuant to United States Soldiers and Sailor’s Relief Act of 1940, as amended, 50 U.S.C.A. App. Secs. 501et. Seq. for the purpose of the entry of a judgment against a Defendant(s) in the above entitled action. 4. I provided the Department of Defense Human Resource Activity Defense Manpower Data Center website with pertinent information about defendant, such as his/her social security number and/or date of birth. This information was given to me by the plaintiff who obtained the information. 5. Based upon the response I received from the Department of Defense Manpower Data Center website dated 11/27/2023, I am convinced that the defendant is not in any branch of the United States military. Dated: New York, New York 11/27/2023 1 of 2 FILED: NASSAU COUNTY CLERK 11/27/2023 02:08 PM INDEX NO. 614842/2023 NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/27/2023 Department of Defense Manpower Data Center Results as of : Nov-27-2023 01:58:14 PM SCRA 5.18 SSN: XXX-XX-2166 Birth Date: Last Name: YANEZ First Name: MARLO Middle Name: Status As Of: Nov-27-2023 Certificate ID: XH137H3Y68HNQGX On Active Duty On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No 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 Active Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No 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, Space 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, Director Department of Defense - Manpower Data Center 4800 Mark Center Drive, Suite 04E25 Alexandria, VA 22350 2 of 2