At an I.A.S. Term Part __,
`of the Supreme Court of
`the State of New York,
`held in and for the county
`of SUFFOLK at the
`
`Courthouse located at:
`SUFFOLK COURTHOUSE
`ONE COURT STREET
`
`RIVERHEAD, NEW YORK 11901
`
`On
`
`, 2017
`
`PRESENT:
`
`HON.
`BANK OF NEW YORK MELLON,
`Plaintiff.
`‘agalnSt‘
`
`,JUSTICE
`
`,
`6*Ft_wiz
`;:w or
`ORDER OF REFERENCE ‘”THOLDL»
`
`'
`
`MARY DALY AND TERENCE DALY, DAVID J. Index # 609622/ 2017
`WEISSBERG MD P. C.
`CAPITAL ONE, N. A.
`SUCCESSOR IN INTEREST TO CAPITAL ONE
`
`BANK, CAPITAL ONE BANK USA NA, CLERK
`OF THE SUFFOLK COUNTY TRAFFIC AND
`PARKING VIOLATIONS AGENCY and "JOHN
`
`.
`
`“In”
`'”‘“L
`
`'
`
`
`
`"MARY DOE" #1—10, and
`DOE" #1—10,
`"JANE DOE" #1—10,
`the names being
`fictitious,
`their true names being
`unknown to the plaintiff, persons
`intended being persons in possession
`of portions of the premises herein
`described,
`
`Defendants.
`
`E4
`Y!
`F.H,a
`#5:.J J
`UPON the Summons, duly Verified Complaint and Notice of;
`.-\
`it:
`Pendency of Action all duly filed, and upon reading and filing thefl
`
`
`
`annexed Affirmation of Vincent P. Surico, dated September 12, 20174£
`
`
`and the annexed Affidavit of Nicole Currey, Supervisor of-Bayview
`
`Loan Servicing, LLC, servicing agent and attorney-in—fact for the
`sworn to on May 8, 2017, and the Affidavits ofi;
`
`plaintiff herein,
`.
`
`2
`
`Motion of De ROSE & SURICO, attorneys for Plaintiff,
`
`it_is;herebyfi
`
`further
`
`ORDERED,
`
`that
`
`the motion is hereby granted; and it iSfi
`
`-&vjte
`
`

`

`‘ ORDERED,
`
`that the names of the defendants herein sued aslg
`
`"JOHN DOE"
`
`#1—10,
`
`be?
`(1:3:H.
`stricken from these proceedings and that all papers herein bé;
`
`"MARY DOE"
`
`#1—10,
`
`and "JANE DOE"
`
`#1—10,
`
`amended
`
`accordingly, without
`
`prejudice
`
`to
`
`the
`
`proceeding§i
`
`heretofore had herein, and it is hereby further
`
`ORDERED,
`
`that the caption of this action as amended, shall?
`
`read as follows:
`
`V Pfied
`
`PRESENT:
`HON.
`‘
`BANK OF NEW YORK MELLON,
`Plaintiff.
`
`zJUSTICE
`
`~against—
`MARY DALY AND TERENCE DALY, DAVID J.
`WEISSBERG MD P.C., CAPITAL ONE, N.A.
`SUCCESSOR IN INTEREST TO CAPITAL ONE
`BANK, dAPITAL ONE BANK USA NA, CLERK
`OF THE SUFFOLK COUNTY TRAFFIC AND
`
`PARKING VIOLATIONS AGENCY;
`Defendants.
`
`and it is further
`
`ORDERED,
`
`that
`
`-
`
`*J7+”r
`
`
`
`.v
`
`rand
`
`,Esq. Of
`
`
`
`Telephone
`
`‘
`
`be and he hereby is appointed Referee to ascertain and compute the?
`amount due except for attorney's fees to the Plaintiff on the Bond
`and mortgage upon which this action is brought, and to repbft’ififl
`
`the mortgaged premises may be sold in separate parcels, ahdIthei
`
`Refereeicomplete his report to the Court with all convenient ébéea‘i
`
`
`and it is further
`
`the referee"
`that by accepting this appointment
`ORDERED,
`certifies that he/she is in compliance with Part 36 of the Rules off
`the Chief Judge (22 NYCRR Part 36),
`including but not limited,to,i
`
`action 36.2 (c)
`
`("Disqualifications from appointment"), and segtionf
`
`

`

`36.2 (d)
`
`("Limitations on appointments based upon compensation")
`
`and it is further
`
`ORDERED,
`
`that pursuant to CPLR 8003(a),
`
`(the statutory flee bfi
`
`$50.00)
`
`(In the discretion of the court fee of $
`
`), shail'bel
`
`paid to the Referee for the computation stage and upon the filing
`
`of his/her report; and it is further
`
`}
`
`ORDERED,
`
`that
`
`iii.
`‘
`.
`the Referee is prohibited from acceptiag1or;
`5361 Li;
`.
`
`retaining any funds for him\herself or paying funds to him\herself
`
`without.i compliance with Part
`
`36 of
`
`the Rules of _the.tghiefi
`
`Administrative Judge
`
`
`
`ENTER:
`
`.
`
`1,;
`
`I:
`
`.1
`
`‘
`
`\
`
`{>311
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`
`BANK OE NEW YORK MELLON,
`
`Plaintiff.
`
`—against—
`
`ATTORNEY'S
`AFFIRMATION
`
`Index # 609622/2017
`
`MARY DALY AND TERENCE DALY, DAVID J.
`
`WEISSBERG MD P.C., CAPITAL ONE, N.A.
`SUCCESSOR IN INTEREST TO CAPITAL ONE
`
`BANK, CAPITAL ONE BANK USA NA, CLERK OF
`THE SUFFOLK COUNTY TRAFFIC AND PARKING
`VIOLATIONS AGENCY and "JOHN DOE" #1-10,
`"MARY DOE" #1-10, and "JANE DOE" #1-10,
`the names being fictitious,
`their true
`names being unknown to the plaintiff,
`persons intended being persons in
`possession of portions of the premises
`herein described,
`
`Defendants.
`
`VINCENT P. SURICO, being an attorney admitted to practice
`
`in the Courts of the State of New York, affirms:
`
`I am one of the attorneys of record for the Plaintiff in
`
`the abowe entitled action and am fully familiar with all the facts
`and circumstances herein.
`'
`I
`
`This action was brought to foreclose a first mortgage on
`
`real property known as 802 HIGBIE LANE, WEST ISLIP, NEW YORgflll79§
`
`more fully described in the Complaint and Notice of Pendency of
`
`Action duly filed herein.
`
`'
`
`.;
`
`,
`.
`.1,
`l
`2412.."
`
`"\
`:
`
`All of the Defendants have been served pursuant£todthe
`‘
`Civil Practice Law and Rules and that more then twenty (20) days
`
`have elapsed since service became completed, except as_to them
`Defendants served pursuant to Section 308(2) or Section 308(4) of
`the Civil Practice Law and Rules, more then thirty (30)days;have
`
`elapsed since such service became complete.
`
`None of
`
`the Defendants has served an Answer
`
`to the
`
`

`

`
`
`Complaint and none have appeared, although their time to due So has
`
`expired and the same has not been extended by Stipulatidn or
`
`otherwise, except the following: N/A
`
`That since the commencement of this action,
`
`I have
`
`ascertained that the Defendants,
`
`"JOHN DOE" #1—10,
`
`"MARY DOE" #1?
`
`10,
`
`and
`
`"JANE DOE"
`
`#1—10,
`
`have
`
`no
`
`interest
`
`in the within
`
`proceedings. That said Defendants are unnecessary partieslthEEhese
`
`they be dropped[asuparty
`that
`proceedings, and I hereby request
`..
`Ii! _r
`L
`(.f
`.
`Defendants herein and all papers be amended accordingly without
`
`prejudice to the proceedings had herein.
`
`, 1' r.
`
`This action was brought
`
`I. ll
`to foreclose the mortgage
`‘,1,I
`
`described in the Complaint by reason of
`.
`
`the default of tthe
`,u» W1‘:
`1
`
`in the payment of_the
`Defendant(s) MARY DALY AND TERENCE DALY,
`contractual monthly installments of principal and interest inthe
`.
`.,-
`J
`
`sum of $1,890.78, which became due on October 1, 2016 and monthly
`
`thereafter. That the whole amount secured by the said mortgagee is
`
`now due.
`
`I:I
`'\,H‘.'
`
`?
`
`That
`
`the Notice of Pendency of this action,
`
`in the form
`
`prescribed by the Civil Practice Law and Rules, was duly filed in
`the Office of the Clerk of the County of SUFFOLK more than twenty
`
`(20) days ago, and at the time of filing of the ComplainU here1n
`\,{11
`‘ 1)“
`l.
`the
`Since the filing of said Notice,
`2017.
`to wit, May 22,
`Complaint herein has not been amended by adding new parties or as
`
`JYER
`
`to extend the claim of
`
`the Plaintiff against
`
`the mortgaged
`
`premises, or against other premises not described in saivaoticefi
`'
`;:;a
`1
`.l
`(V.
`
`That none of
`the individual Defendants are in thé
`Military Service as defined by the Military Law and the SoldieI I.
`
`

`

`and Sailor's Civil relief Act and that said defendant(s) are not
`infants, absentees, or incompetents to the best of my knowledge,
`
`information or belief.
`
`The
`reason that
`this verification.
`is made by;
`the
`undersigned and not by the plaintiff is because the Plaintiff
`maintains its principal place of business outside Queens county}
`
`that being the County in which your affiant maintains an offide for
`
`the practice of law.
`
`
`W i e 11:: a! ‘ »
`
`'5 "
`
`The grounds of deponent's belief as to all matters not
`
`stated upon deponent's knowledge are based upon the records of
`
`Plaintiff; to wit; the bond, mortgage and transmittal document tion
`,
`" =1.‘J[h'».,
`i:
`
`in deponent's possession.
`
`(y p
`‘Cu’JU
`
`That all proceedings have been regular and in accordance
`
`with statutes and rules and practices of this Court;
`
`
`
`No previous application has been made for th¢”f lief
`" l" 5*}
`L
`
`herein sought.
`
`l
`' =L‘C1J5
`
`That all proceedings have been regular and in accordance
`5‘
`.m..:‘.‘?_;;?'
`‘n
`‘11)?
`
`with statutes and rules and practices of this Court.
`
`therefore, respectfully ask for an Order striking the
`I,
`names of the Defendants sued herein as "JOHN DOE" #1—10,
`"MARfSDOEi
`#1—10,
`and "JANE DOE" #1-10,
`and amending all papers ihérein
`accordingly, without prejudice to the proceedings had herein? and
`for an Order appointing a Referee to ascertain and computé the
`amount due to the plaintiff on the Bond and Mortgage, upon whicfi
`
`to the end that upon the comingAin and
`this action was brought,
`confirmation of
`the report of
`the said Referee,
`Judgment. of
`
`Foreclosure and Sale with costs,
`
`disbursements
`
`and ‘an ngtra
`Vlf‘fz'ri]
`
`

`

`allowance, as prayed for in the Complaint herein, may be entered,
`r
`
`for all of which no previous application has been made.
`
`The undersigned affirms that the foregoing statement: are
`
`true, under the penalties of perjury.
`
`Dated: Bayside, New York
`
`September 12, 2017 CENT P. SURICO
`
`rgfinrfl;s
`
`
`
`
`
`
`
`

`

`EXHIBITS
`
`A. Affidavits ofService
`
`B. Note
`
`C. Mortgage
`
`D. Assignment
`
`E. Summons/Verified Complaint
`
`F. Notice ofPendency ofAction
`
`G. 90 Day Notice
`
`H. Attorney Aflirmation
`
`I. Foreclosure Conference Report
`
`J. Power ofAttorney
`
`

`

`AFFIDAVIT OF MERIT
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF SUFFOLK
`
`
`BANK OF NEW YORK MELLON
`
`—against-
`
`-
`
`Plaintiff,
`
`AFFIDAVIT OF MERIT AND
`AMOUNT DUE
`
`MARY DALY AND TERENCE DALY,
`
`Defendants.
`
`STATE or Dflda
`COUNTY OF
`(EMAKJY'
`
`ss:
`
`I
`
`NICOLE CURREY , being duly sworn, depose and say as follows:
`
`l.
`
`I have personal knowledge of the facts in this Affidavit based on my
`
`review of the business records defined below,
`
`am competent to testify
`
`about such facts,
`
`and would do so if I appeared as a witness in the
`
`above~styled action.
`
`I
`
`am authorized by the Plaintiff
`
`("BAYVIEW")
`
`to
`
`make this Affidavit.
`
`2.
`
`In the regular performance of my job functions at Bayview,
`
`I
`
`am
`
`familiar with the business records maintained by Bayview,
`
`including
`
`those records maintained by Bayview in the course of the servicing of
`
`its mortgage loans. Bayview maintains a computer database (the “Loan
`
`Records”)
`
`of acts,
`
`transactions,
`
`payments,
`
`communications,
`
`escrow
`
`account
`
`activity,
`
`disbursements,
`
`events,
`
`and
`
`analyses
`
`(the Loan
`
`Transactions”) with respect to the mortgage loan which Bayview Services.
`
`The information described herein and referenced below is found in the
`
`business records of Bayview. The entries in those records are made at
`
`the time of the events and conditions they describe either by people
`
`with such first—hand knowledge of those events and conditions or from
`
`information provided by people with such first—hand knowledge of how
`
`they are maintained.
`
`It is the regular practice of Bayview in servicing
`
`its loans to make and update its loan records.
`
`In the event these loan
`
`records were created by prior servicers of a loan,
`
`those records have
`
`been integrated into Bayview’s business records and verified according
`
`

`

`to Bayview’s policies and procedures and are-kept-and relied upon as a
`regular business practice and in the ordinary course of business by
`
`Bayview.
`
`3. The above~entitled action is_brought to foreclose a mortgage held by
`the Plaintiff on premises commonly known as 802 HIGBIE LANE WEST ISLIPl
`
`NEW YORK 11795.
`
`20 6, Defendant(s) MARY DALY AND TERENCE
`2‘
`On or about Februar
`4.
`DAL: executed and delivered a Note to BNY MQRTGAGE COMPANY LLC for
`§324,000.00, with interest on the unpaid balance thereof to be computed
`at 5.750% percent per annum or such other rate as provided for in said
`Note.
`A copy of the Note is attached hereto as Exhibit "A“.
`
`5. The Plaintiff (or the Plaintiff‘s agent on behalf of the plaintiff)
`has possession of the original note that is the subject matter of this
`cause'of action and therefore has an enforceable interest that allows
`the plaintiff (or the plaintiff's agent on behalf of the plaintiff) the
`right to foreclose. BAYVIEW LOAN SERVICING, LLC, was in possession of
`the Note at the time of commencement of this action.
`
`subsequent month until the Note was paid, along with pro-rated monthly
`escrow payments as more fully provided therein. Final payment,
`if not
`
`sooner paid,
`
`is due on March 1, 2036.
`
`indebtedness,
`such
`the payment of
`security for
`7. As. collateral
`Defendants also executed and delivered to BNY MORTGAGE COMPANY LLC a
`Mortgage dated Februar‘ 2
`2006 and recorded in the County of SUFFOLK on
`April 4, 2006 in Book 21270 of Mortgages at Page 912 in the office of
`
`

`

`county. The aforesaid instruments were
`the county clerk in SUFFOLK
`assigned to THE BANK OF NEW YORK MELLON, by instrument dated May 19,
`2016
`and recorded on June 8, 2016 in Book 22709 of Mortgages at Page
`
`8. Copies of
`
`the Mortgage and applicable assignments,
`
`if any,
`
`are
`
`attached hereto as Exhibit "B".
`
`the
`to tender
`9. Defendant(s) breached said obligation by failing'
`installment which become due and payable on October 1, 2016 and by
`failing to tender subsequent installments. The outstanding payments were
`duly demanded by mailing a 90 day notice to the Defendants on June 8,
`2016, as required by the aforesaid instruments. Said notice was in full
`compliance with the terms of the aforesaid instruments in form and the
`time prescribed to cure the default has expired. By
`reason of
`the
`aforesaid default, Plaintiff elected to accelerate the mortgage debt and
`declared all sums secured thereby due and payable. A copy of the 90 day
`
`notice is attached hereto a Exhibit "C".
`
`
`
`11. Where applicable,
`
`this loan has been reviewed for possible loan
`
`modification pursuant to federal legislation.
`
`

`

`12. Plaintiff has sent the required 90 day Notice of Intent to Foreclose
`by registered, certified mail and by first Class mail by depositing same
`in an official depository under the exclusive control and custody of the
`
`United States Postal Service.
`
`I have reviewed the description of the property, and have determined
`13.
`the mortgaged premises consist of residential property,
`and in
`that
`accordance with the mortgage should be sold as one parcel.
`
`I have read the foregoing complaint and know the contents thereof;
`14.
`the same is true to my knowledge except as to those matters alleged upon
`information and belief and as to those matters I believe it to be true.
`
`WHEREFORE, it is respectfully requested that the relief set forth in the
`complaint be granted in its entirety,
`together with such other and
`further relief as to this Court may deem just and proper.
`
`
`T1315: NICOLE CUR Y
`SUPERVIS
`
`OR ‘-
`I
`3/ g!) ‘1
`
`“do )
`STATE OF
`33:
`{Cw\nj
`COUNTY OF
`22(3‘ 2
`in the year
`Iflfikg
`day of
`On the
`23
`a ngfiiéfi,public in and for said state,
`the undersigned,
`before me,
`, personally known to me or
`personally appeared
`NIQOLE CU
`proved to me on the basis of satisfactory eviHEfiEE_EST§§T§E?TndEVTHual
`whose name is subscribed to the within instrument and acknowledged to me
`that he executed the same in his capacity, and that by his signature on
`the instrument,
`the individual or the person upon behalf of which the
`i
`individual acted, executed the instrument and that such indi idual
`ade -
`such appearance be ore the undersigned in the City of {it,1 (lltélkfgfiiglt?
`AWW ,,
`Maria E. Ayala
`5% £425 Commission # 66092325
`if
`3'5
`Expires: April 10, 2021
` WW-
`
`State of
`
`-r
`
`

`

`SUPREME COURT OF THE STATE OF N.Y.
`COUNTY OF SUFFOLK
`
`BANK OF NEW YORK MELLON,
`Plaintiff,
`
`—against—
`
`MARY DALY AND TERENCE DALY; et al.,
`
`CERTIFICATE OF CONFORMITY
`
`Defendants.
`
`r
`STATE OF Wanda)
`COUNTY OF @FOWOVd ss:
`LWHQWBAI attorney duly qualified to make this
`Certificate of Conformity pursuant
`to Section 299—a of the Real Property
`
`Law of the State of New York, hereby certify under the penalty of perjury:
`
`That
`
`I am an attorney licensed to practice law in the State of
`
`in the
`, and am a resident of EnZLnyl/C] County,
`lC’flgiLJ
`I
`State Of FLGfiCiO
`,
`I witnessed that the acknowledgment
`
`of
`NICOLE CUR-REY
`, named in the foregoing instrument taken before
`MOI/H] “Hag ,
`a notary public, was taken in a manner prescribed
`by such laws of the State of §E|()(](‘LI)
`, being the state in
`which it was taken, and that it duly conforms with such laws and is in all
`
`respects valid and effective in such state.
`
`Witness my signature this
`
`(S
`
`day Of“
`
`,r
`
`,m
`
`,4”;
`
`Jr
`¢//.—./
`BY:
`Esq.
`Member of the HOHdOl Bar
`
`imffl¥
`
`, 2017,
`
`‘4
`
`

`

`

`

`Supreme Court - State of New York - Suffolk County
`_______’————‘—-—
`
`) Index No.: 609622l2017
`I Filing Date:
`05—22-2017
`) Court Date: at
`)
`) AFFIDAVIT OF SERVICE
`)
`
`) ) )
`
`)
`
`BANK OF NEW YORK MELLON
`
`Plaintiff
`
`v
`
`'
`
`MARY DALY, ET AL
`
`Defendant
`—_—__—_————————'
`
`STATE OF New York: COUNTY OF Nassau
`
`$3:
`
`I, John Downs, being duly sworn deposes and says deponent is not a party to this action and is over the age of eighteen years and
`resides in the state of New York. That on May 31, 2017 at 4:01 PM at 802 Higbie Lane, West Islip. NY 11795, deponent served the
`within Summons & Verified Complaint with Certificate of Merit and Notice of Commencement of Action Subject to Mandatory
`Electronic Filing bearing Index # 609622/2017 on Mary Daly defendant therein named (the intended recipient).
`
`SUITABLE AGE PERSON: By delivering a true copy of each to Danielle Daly, Family Relative a person of suitable age and
`discretion. That person was also asked by deponent whether said premises was the defendant's residence within the state and the
`reply was affirmative.
`
`On 6/5/2017 Deponent also enclosed a copy of same in a postpaid sealed wrapper properly addressed to defendant at defendant's
`residence at 802 Higbie Lane, West Islip, NY 11795 by First Class Mail marked Personal & Confidential and deposited said
`wrapper in (a post office) official depository under exclusive care and custody of the United States Postal Service within New York
`State.
`
`*ADDlTlONAL NOTICE, HELP FOR HOMEOWNERS IN FORECLOSURE, ON COLORED PAPER IN COMPLIANCE WITH RPAPL
`SECT 1303 served therewith.
`
`DESCRIPTION: Deponent describes the individual served to the best of deponent's ability at the time and circumstances of service
`as follows:
`,
`Race/Skin: White
`Gender: Female
`Description of Door: Tan Shingles
`COMMENTS:
`
`Hair: Brown Glasses: No Age: 16
`
`Height: 5'2 Weight: 115|bs
`
`MILITARY SERVICE: I Asked the Person Spoken to whether defendant was in active military service of the United States or of the
`State of New York in any capacity whatever, and received a negative reply. The source of my information and the grounds of my
`belief are the conversations and observations above narrated. Upon information ano uelief ver that the defendant is not in the
`military service of New York State or of the United States as that term is defined i
`, either the ‘ tate or Federal statutes.
`I declare under penalties of perjury that the information contain- - here
`orre
`of my knowledge.
`
`‘
`
`‘7#8237_
`-
`
`M?
`
`____...
`
`
`Executed on. Qualified In Suffolk County
`
`
`N tar PJlljqu L. BYRNE
`o
`y u Iic, State or NewYork
`No. 01BY6343649
`
`Commission Explres June 13, 2020
`
`0 O“ ”my R°ad' SUite 318
`, City, NY 11530
`
`
`
`dayofM ,2017.
`
`28 23,3 ‘19'
`
`My Commission Expires:
`
`ID: 17—080613
`
`TMS Services Inc.
`
`Client Reference: DeRose 3 of IO
`- 600 Old Country Road, Suite 318, Garden City, NY 11530 0 (516) 280-2501
`
`E-Filet‘l
`
`ll: W I?
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK — COUNTY OF SUFFOLK
`
`
`
`AFFIDAVIT OF
`
`BANK OF NEW YORK MELLON
`
`VS.
`
`MARY DALY, ET AL
`
`
`STATE OF NEW YORK
`
`SS:
`
`COUNTY OF NASSAU
`
`NON-MILITARY SERVICE
`
`Index No: 609622/2017
`
`FILED ON: 05/22/2017
`
`I, Kerri Keegan, being duly sworn depose and say that I am over the age of eighteen years, I reside in the
`
`state of New York and I am not a party of the above action.
`
`In compliance with the Service Members Civil Relief Act I believe that the defendant MARY DALY is not
`currently in the military service based upon the following:
`
`On JUNE 13, 2017 I visited the Department of Defense Manpower Data Center and after entering
`defendants Social Security Number received a report stating that the defendant, MARY DALY is not in
`the active military. See attached report.
`
`I declare under penalty of perjury that the information contained herein is correct to the best of my
`knowledge
`I
`
`No. 01SC6323820
`
`KRISTINA SCHULTZ
`Notary Public, State of New York
`Qualified'In Suffolk County .I...
`Commission Expires April 27. 20
`Subscribed and sworn to before me, a notary public
`On this
`BI“
`day ofASU0m 5
`,2017
`
`MMMI
`
`Notary Public
`
`KERRI KEEGAN
`TMS Services Inc.
`600 Old Country Road, Suite 318
`Garden City, NY 11530
`516-280-2501
`
`E-F‘iledfl‘fla.
`
`

`

`Department of Defense Manpower Data Center
`}
`
`Re‘“"535°'1J”“"3‘2°‘7°“22=3° PM
`SCRA 3.0
`
`
`
`Stem Report
`Pursuant to Serviecmcmbefs Civii Retief Act
`
`SSN: xxx-xx-4g1_7
`Birth Date:
`
`Last Name: QAIJ
`
`First Name: MEX
`
`Middle Name:
`
`Active Duty Status As Of: Jun-13-2017
`
`
`
`
`
`T'o'n Ada Out On Active Dut ismifié Date
`,
` 7: Status
`
`- Service Componen
`.
`'2,
`I
`' Active DutyEnd'Dat
`y
`>
`'
`y‘Start Dale’
`V'
`' I
`7'
`7
`,
`
`
`NA
`NA};
`,
`/,
`l
`'~
`'
`'
`No
`Q;
`NA
`
`This response’r'eflects the individuals‘ active duty status based on the Active Duty Status Date
`
`
`»
`,ServiceCorriponenl ’
`
`NA
`No:
`7
`v "
`
`
`This response reflects where the-indivtflual left active’duty status within-36f days preceding the Active Duty Status Date
`
`
`V
`
`'
`
`7
`
`7»
`
`,
`Service Com-orient
`
`,
`
`,
`,7 orderrtitotificatio‘n Start Date.
`
`I' '
`
`’ unItQWas Notified at page called; to Active'Dulv on Activebu '
`1 The Member'or His! 7
`:
`'1
`.
`OrdérNotificatibn and Date
`~I
`,
`7
`7
`NA
`’
`
`
`r uttlt has received early notification to report for active duty
`This response reflects whether the lndividua or
`
`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.
`
`new
`
`Department of Defense - Manpower Data Center
`4800 Mark Center Drive, Suite 04E25
`Arlington. VA 22350
`
`

`

`The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense (000) 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 (033) via this URL: https://scra.dmdc.osd.mil/faq.xhtml#033.
`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(0).
`
`(1) The individual's Active Duty status on the Active Duty Status Date (2) Whether the individual left Active
`This response reflects the following information:
`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 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 ofthe US.
`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 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.
`
`Certificate ID: 78GOD691E57AQCO
`
`

`

`Supreme Court - State of New York - Suffolk County
`
`
`BANK OF NEW YORK MEI-LON
`
`MARY DALY, ET AL
`
`Plaintiff
`
`Defendant
`____——_————.——
`
`STATE OF New York: COUNTY OF Nassau
`
`ss:
`
`) Index No.: 609622I2017
`I Filing Date:
`05—22-2017
`) Court Date: at
`
`AFFIDAVIT OF SERVICE
`
`vvvvvvv
`
`I, John Downs, being duly sworn deposes and says deponent is not a party to this action and is over the age of eighteen years and
`resides in the state of New York. That on May 31, 2017 at 4:01 PM at 802 Higbie Lane, West Islip, NY 11795, deponent served the
`within Summons & Verified Complaint with Certificate of Merit and Notice of Commencement of Action Subject to Mandatory
`Electronic Filing bearing Index # 609622/2017 on Terence Daly defendant therein named (the intended recipient).
`
`SUITABLE AGE PERSON: By delivering a true copy of each to Danielle Daly, Family Relative a person of suitable age and
`discretion. That person was also asked by deponent whether said premises was the defendant's residence within the state and the
`reply was affirmative.
`
`On 6/5/2017 Deponent also enclosed a copy of same in a postpaid sealed wrapper properly addressed to defendant at defendant‘s
`residence at 802 Higbie Lane, West Islip, NY 11795 by First Class Mail marked Personal & Confidential and deposited said
`wrapper in (a post office) official depository under exclusive care and custody of the United States Postal Service within New York
`State.
`
`*ADDITIONAL NOTICE, HELP FOR HOMEOWNERS IN FORECLOSURE, ON COLORED PAPER IN COMPLIANCE WITH RPAPL
`SECT 1303 served therewith.
`
`DESCRIPTION: Deponent describes the individual served to the best of deponent's ability at the time and circumstances of service
`as follows:
`Race/Skin: White
`Gender: Female
`Description. of Door: Tan Shingles
`COMMENTS:
`
`Hair: Brown Glasses: No Age: 16
`
`Height: 5‘2 Weight: 115|bs
`
`MILITARY SERVICE: I Asked the Person Spoken to whether defendant was in active military service of the United States or of the
`State of New York in any capacity whatever. and received a negative reply. The source of my information and the grounds of my
`belief are the conversations and observations above narrated. Upon information a . elie aver that the defendant is not in the
`military service of New York State or of the United States as that ter
`'
`fined ' either the State or Federal statutes.
`
`
`'. corr-ct to the be of my knowledge.
`
`
`I declare underpenalties ofperjurythatthe information con "ll-d
`
`
`JULIE L. BYRNE
`Notary Public, State or New York
`No. 01BY6343649
`Qualified In Suffolk County
`mm'sslon
`lesJun013,2020
`00
`I
`Expr
`
`to before me,
`
`
`
`i
`
`t
`
`My Commission Expires:
`
`J0 ,
`T s s Nices In-Q
`.
`-00 I d Country Road, SUIte 318
`
`Garen City, NY 11530
`
`6) 280—28
`
`
`wry public, on this
`"
`day of
`/
`
`é’évfl
`Executed on:
`
`, 2017.
`
`ID: 17—080615
`
`TMS Services Inc.
`
`Client Reference: DeRose 5 of 10
`- 600 Old Country Road, Suite 318, Garden City, NY 11530 - (516) 280-2501
`
`E-Filetl
`
`9
`
`I)
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK — COUNTY OF SUFFOLK
`
`
`
`AFFIDAVIT OF
`
`BANK OF NEW YORK MELLON
`
`VS.
`
`MARY DALY, ET AL
`
`
`STATE OF NEW YORK
`
`SS:
`
`COUNTY OF NASSAU
`
`NON-MILITARY SERVICE
`
`Index No: 609622/2017
`
`FILED ON: 05/22/2017
`
`l, Kerri Keegan, being duly sworn depose and say that I am over the age of eighteen years, I reside in the
`
`state of New York and I am not a party of the above action.
`
`In compliance with the Service Members Civil Relief Act I believe that the defendant TERENCE DALY is
`not currently in the military service based upon the following:
`
`On JUNE 13, 2017 I visited the Department of Defense Manpower Data Center and after entering
`defendants Social Security Number received a report stating that the defendant, TERENCE DALY is not in
`the active military. See attached report.
`
`I declare under penalty of perjury that the information contained herein is correct to the best of my
`
`knowledge
`
`KRISTINA SCHULTZ
`Notary Public, State of New York
`No. 01806323820
`Qualified in Suffolk County Q
`Commlsslon Expires April 27, 20
`
`Subscribed and sworn to before me, a notary public
`On this
`l3" day of 3
`I 3213 &
`,2017
`
`_
`
`‘
`K
`
`KERRI KE EGAN
`TMS Services Inc.
`
`600 Old Country Road, Suite 318
`Garden City, NY 11530
`516-280-2501
`
`Notary Public
`
`

`

`Department of Defense Manpower Data Center
`
`RBSU"SES°'=Jun-‘3'2°‘7°‘=22=58PM
`SCRA 3.0
`
`
`
`Status Report
`Pursuant to Sewicemembers {livit Relief As:
`
`SSN: XXX-XX—6935
`
`Birth Date:
`
`Last Name: w
`
`First Name: EBENCE
`
`Middle Name:
`
`Active Duty Status As Of: Jun-13-201Z
`
`
`
`:VSIervioe Component
`
`NA
`
`
`
`
`
`
`
`Len Active Duty with ae‘mays othtivé Dutystatus Dale 1 7 i":
`.
`
`
`Active Duty End Date
`7
`V
`'
`V
`7'
`Service Component
`7
`: " i : Status
`Activeputy Start Date
`
`NA
`NA
`
`
`
`
`
`NA
`
`
`
`
`
`
`drderNotitioation Start 03 e :7
`,
`7
`'
`:Ctrde! Notificatidannd Date"?
`, Service Component
`NA
`,
`:'
`>
`'
`,
`a.
`No
`NA
`
`This response reflects whether the individual drhlsihEr 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.
`
`
`
`Department of Defense - Manpower Data Center
`4800 Mark Center Drive, Suite 04E25
`Arlington, VA 22350
`
`

`

`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 conta