--", - ON\Te:D £-rATES D'ST~'c:.."r c..oU~T'_~~'- , -'"""~ CA.$6No.C'7,C'\l5'8'OS"

S~U'T'-i.~~-~\ DiS-rR..'c.."r~r ~EwYC~1(;.. CA.$6No.

NC\lELLA 7 OH~SO~J CaIcDd&t No. ~

AFFIDA VIT

("\ I .\ OF

\.:...".,.. OF' ~ uJ () K De endanl s SERVICE

~ COUNTY, NEW ORK STATE: Dom1ngo R. Barros bcingswom.

says: Deponent IS no\~f:,f;he~ isovcr 18 years of age and raidcsat 26 Court street, Brook1yn, New York

On DCT. l~J ~'7at ~'.cc P.M.. at 34~ ffiADISO""AvENUE t\\E.wYO~K..,,\\\EWYo~K.

deponent served tbe within 0 summons 0 with notice 0 summons, Spanisb summons and complaint, the language required by NYCRR

)( summons and complaint 2900.2(e). (f) &. (h) was set forth on tbe face of the summons(es)

0 notice of petition and petition 0 citation

0 subpoena 0 subpoena duces tecum 0

""'" ~ A

on

Plaintiff( s,l28~ j ~j9 .":9':;'::)

against

11 \ ET~P~L'Tf\;:;r R..Af\1Sf'o~TAT'()t\)AuTKOg.'TY ')J(defendant (he~inafter

0 ~pondent called the~in named

0 witness the ~ipient)

INDMDUAL by delivering a true copy of ~ach to said ~ipient personally; deponent knew the person so served to be the person described as said

1. 0 ~ipient therein.

COR~ a SO\l e: ~E 'G- N corporation. by dclivering thcrcat a truc copy of ~ach to mAR.' A L A V A G L' 1\

2.~ personally, deponent knew said corporation so served to be the corporation, described in same as said ~ipient and knew said individual to be

SUrrABLE AUTt-\O~'"Z.e-D AGENT the~of

AGE PERSON by delivering thereat a true copy of ~ach to a person of suitablc

3. 0 'age. and d~on. Said p~misesis.rccipient's 0 actual placc of business 0 dwelling place 0 usual place of abode within the state.

AffiXING TO

DOOa.ETC.

~O

by affixing a true copy of each to the door of said premises, which is recipient's 0 actual place of business 0 dwelling place 0 usual place of

...bodC'withinthestate.-Dcponent was unable, with due diligence to find recipient orapcrson ofsuitableagca.nd discretion, thereat, havingcallcd there

Deponent talked to at said premises who stated that recipient 0 lived 0 worked there.

MAIUNG TO Within 20 days of such delivery or affixing, deponent enclosed a copy of same in a postpaid envelope properly addressed to recipient at recipient's last

RESIDENCE .

USE WITH 3 OR 4 known residence. at

SA. 0 and deposited said envelope in an official depository under exclusive care and custody of the U.S. Postal Service within New York State.

MAIUHG TO Within 20 days of such delivery or affixing, deponent enclosed a copy of same in a first class postpaid envelope properly addressed to recipient at

USE BUSINESS WITH 3 OR 4 recipient .., s ad uaI p lace 0 f busmess, . at

58. 0 in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State. The envelope bore the legend ~PersonaJ

and Confidential" and did not indicate on the outside thereof, by return address or otherwise, that the communication was from an attorney or

concerned an action against the recipient.

~ 0 Male XWhiteSkin )!(BIaCkHair 0 WhiteHair 0 14-20Yrs. 0 Under 5' 0 UnderlOOLbs.

~ )( Female 0 Black Skin 0 Brown Hair 0 Balding 0 21-35 Yrs. .)('5'0"-5'3" ..¥1OO-130 Lbs.

0 Yellow Skin 0 Blonde Hair 0 Mustache )(36-50 Yrs. 0 5'4"-5'8" 0 131-160 Lbs.

0 Brown Skin 0 Gray Hair 0 Beard 0 51-65 Yrs. 0 5'9"-6'0" 0 161-200 Lbs.

0 Red Skin 0 Red Hair )( Glasses 0 Over 65 Yrs. 0 Over 6' 0 Over 200 Lbs.

Other identifying features:

wmIESS

FEES

0

S the authorizing traveling expenses and one days' witness fee: 0 was paid (tendered) to the recipient

0 was mailed to the witness with subpoena copy.

I asked t!'c penon sP;Oken to whet~e.r recipient was in active military service of the U nitcd States or of the State of New York in any capacity whatever

a~ ~ved a negatlve.Rply. Recipient ~or~ ordinary civilian cloth~s and no military unifOml. The source of my information and the grounds of my

belief ~ the conversations and observations above narrated. Upon information and belief I aver that the recipient is not in military service of New Yon State or of the U nitcd States as that term is defined in either

the State or in the Federal statutes. ,I? -.

---'

MlUTAIY

~

0

~

t'"J

Sworn R- Barros ljcen5C No. 745503-- to bcfo~ me on I ~ /r #~ 7 L1

Notary PuOllc,

No.O1BA6119737

Qualified in Westchester Co. 1ft DCommissi~ Expires Dec. 0620EO

c '8788YJuuus~--.IHC.~NYC 10013 1 4 7- AIr Ida \'it of oervicc: -.-p.up.- f Of1D. ~

Case 1:07-cv-05805-RJS-AJP Document 13 Filed 11/16/2007 Page 1 of 1