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INDEX NO. 452568/2015
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/06/2015
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
THE COMMISSIONER OF LABOR OF THE STATE
OF NEW YORK,
SUMMONS
Plaintiff, INDEX NO.
-against-
MARC MUSOLINO
wee ee ee ee ee ee ee ee eee ee Defendant
Sat SS a
TO THE ABOVE-NAMED DEFENDANT:
YOU ARE HEREBY SUMMONED to answer the complaint in this
action, and to serve a copy of your answer, or, if the complaint
is not served with this summons, to serve a notice of appearance,
on the plaintiff's attorney within 20 days after the service of
this summons, exclusive of the day of service, or within 30 days
after completion of service where service is made in any other
Manner than by personal delivery within the State. In case of
your failure to appear or answer, judgment will be taken against
you by default for the relief demanded in the complaint.
New York County is designated as the place of trial on the
basis that plaintiff is acting on behalf of the sovereign State
of New York and maintains offices in the City and County of New
York.
Dated: New York, New York
June 23, 2015
ERIC T. SCHNEIDERMAN
Attorney General of the State
of New York
Defendant's Address:
Attorney for Plaintiff
125 Park Ave # B3 Office and Post Office Address:
120 Broadway, 26th Floor
Amityville, NY 11701
New York, New York 10271
Tel. No. (212) 416-6142
J-3 (2-99)
L
By: LINDA D. JOSEPH
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
eee eee eH ee ee ee ee ee ee ee ee eee
THE COMMISSIONER OF LABOR OF THE STATE
OF NEW YORK, VERIFIED
COMPLAINT
Plaintiff,
INDEX NO.
-against-
MARC MUSOLINO
Defendant.
The Commissioner of Labor of the State Of New York,
plaintiff herein, by ERIC T. SCHNEIDERMAN, Attorney General of
the State of New York, on information and belief, alleges that:
FIRST: Plaintiff sues herein on behalf of the
Unemployment Insurance Fund of the State of New York.
SECOND: Plaintiff is charged with the administration of
the New York State Unemployment Insurance Law.
THIRD: At all the times hereinafter mentioned, plaintiff
maintained offices in the City and County of New York for the
purpose of administering the Unemployment Insurance Law.
FOURTH: Persons who receive unemployment insurance
benefits illegally must refund them to the New York State
Department of Taxation and Finance on behalf of the Unemployment
Insurance Fund of the State of New York.
FIFTH: Pursuant to the authority of Labor Law §
597.1, plaintiff issued a determination that between the
weeks ending 3/6/11 - 8/28/11 through , defendant received
and cashed a series of unemployment insurance benefit checks,
totaling the sum of $8,808.75, to which defendant was not
entitled, and that such benefits are recoverable from defendant.
o-4 (2-99)
SIXTH: This determination is now final and irrevocable,
because it has not been modified or overruled by an unemployment
insurance referee , the Unemployment Insurance Appeal Board, or
the courts in accordance with the exclusive review procedure set
forth in Labor Law § 626, and the time period for seeking such
review has expired.
SEVENTH: Although plaintiff has demanded repayment,
defendant has failed and refused to repay this sum, except
$4,712.00. Defendant has retained the sum of $4,096.75.
WHEREFORE, plaintiff demands judgment against defendant in
the sum of $4,096.75 with interest from , together with the costs
and disbursements of this action.
Dated: New York, New York
June 23, 2015
ERIC T. SCHNEIDERMAN
Attorney General of the State
of New York
Attorney for Plaintiff
Office and Post Office Address:
120 Broadway, 26th Floor
New York, New York 10271
Tel. No. (212) 416-6142
By: LINDA D. JOSEPH
J-5 (2-99)
LINDA D. JOSEPH, an attorney duly admitted to practice in
the courts of this State, hereby affirms under penalties of
perjury:
I have read the foregoing complaint and know the contents
thereof to be true based upon my knowledge, except as to the
matters therein stated to be on information and belief, and as to
those matters I believe it to be true. The sources of my
knowledge and the grounds of my belief as to all of the matters
set forth in this complaint are the books and records of the New
York State Department of Labor, and communications from
representatives of the Department of Labor.
I make this verification pursuant to CPLR § 3020(d)(), on
behalf of plaintiff as the Commissioner of Labor of the State of
New York, because I am acquainted with the facts.
Dated: New York, New York
June 23, 2015
ERIC T. SCHNEIDERMAN
Attorney General of the State
of New York
Attorney for Commissioner of
Labor, Plaintiff
Assistant Attorney General
Office and Post Office Address:
120 Broadway, 26th Floor
New York, New York 10271
Tel. No. (212) 416-6142
By LINDA D. JOSEPH
J-6 (2-99)
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INDEX NO. 452568/2015 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/06/2015 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK THE COMMISSIONER OF LABOR OF THE STATE OF NEW YORK, SUMMONS Plaintiff, INDEX NO. -against- MARC MUSOLINO wee ee ee ee ee ee ee ee eee ee Defendant Sat SS a TO THE ABOVE-NAMED DEFENDANT: YOU ARE HEREBY SUMMONED to answer the complaint in this action, and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the plaintiff's attorney within 20 days after the service of this summons, exclusive of the day of service, or within 30 days after completion of service where service is made in any other Manner than by personal delivery within the State. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. New York County is designated as the place of trial on the basis that plaintiff is acting on behalf of the sovereign State of New York and maintains offices in the City and County of New York. Dated: New York, New York June 23, 2015 ERIC T. SCHNEIDERMAN Attorney General of the State of New York Defendant's Address: Attorney for Plaintiff 125 Park Ave # B3 Office and Post Office Address: 120 Broadway, 26th Floor Amityville, NY 11701 New York, New York 10271 Tel. No. (212) 416-6142 J-3 (2-99) L By: LINDA D. JOSEPH SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK eee eee eH ee ee ee ee ee ee ee ee eee THE COMMISSIONER OF LABOR OF THE STATE OF NEW YORK, VERIFIED COMPLAINT Plaintiff, INDEX NO. -against- MARC MUSOLINO Defendant. The Commissioner of Labor of the State Of New York, plaintiff herein, by ERIC T. SCHNEIDERMAN, Attorney General of the State of New York, on information and belief, alleges that: FIRST: Plaintiff sues herein on behalf of the Unemployment Insurance Fund of the State of New York. SECOND: Plaintiff is charged with the administration of the New York State Unemployment Insurance Law. THIRD: At all the times hereinafter mentioned, plaintiff maintained offices in the City and County of New York for the purpose of administering the Unemployment Insurance Law. FOURTH: Persons who receive unemployment insurance benefits illegally must refund them to the New York State Department of Taxation and Finance on behalf of the Unemployment Insurance Fund of the State of New York. FIFTH: Pursuant to the authority of Labor Law § 597.1, plaintiff issued a determination that between the weeks ending 3/6/11 - 8/28/11 through , defendant received and cashed a series of unemployment insurance benefit checks, totaling the sum of $8,808.75, to which defendant was not entitled, and that such benefits are recoverable from defendant. o-4 (2-99) SIXTH: This determination is now final and irrevocable, because it has not been modified or overruled by an unemployment insurance referee , the Unemployment Insurance Appeal Board, or the courts in accordance with the exclusive review procedure set forth in Labor Law § 626, and the time period for seeking such review has expired. SEVENTH: Although plaintiff has demanded repayment, defendant has failed and refused to repay this sum, except $4,712.00. Defendant has retained the sum of $4,096.75. WHEREFORE, plaintiff demands judgment against defendant in the sum of $4,096.75 with interest from , together with the costs and disbursements of this action. Dated: New York, New York June 23, 2015 ERIC T. SCHNEIDERMAN Attorney General of the State of New York Attorney for Plaintiff Office and Post Office Address: 120 Broadway, 26th Floor New York, New York 10271 Tel. No. (212) 416-6142 By: LINDA D. JOSEPH J-5 (2-99) LINDA D. JOSEPH, an attorney duly admitted to practice in the courts of this State, hereby affirms under penalties of perjury: I have read the foregoing complaint and know the contents thereof to be true based upon my knowledge, except as to the matters therein stated to be on information and belief, and as to those matters I believe it to be true. The sources of my knowledge and the grounds of my belief as to all of the matters set forth in this complaint are the books and records of the New York State Department of Labor, and communications from representatives of the Department of Labor. I make this verification pursuant to CPLR § 3020(d)(), on behalf of plaintiff as the Commissioner of Labor of the State of New York, because I am acquainted with the facts. Dated: New York, New York June 23, 2015 ERIC T. SCHNEIDERMAN Attorney General of the State of New York Attorney for Commissioner of Labor, Plaintiff Assistant Attorney General Office and Post Office Address: 120 Broadway, 26th Floor New York, New York 10271 Tel. No. (212) 416-6142 By LINDA D. JOSEPH J-6 (2-99)