UNITED STATES DISTRICT COURT/SOUTHERN DISTRICT OF NEW YORK

RALPH VANACOREPlaintiff( s)

- against -

JOHN MATTINGLY ET AL

Defendant(s)

STATE OF NEW YORK: COUNTY OF NEW YORK ss:

Attorney: SCOTT B. SCHWARTZ, ESQ. -

1508

Index #: 07CV3579

Date Filed:

AFFIDAVIT OF SERVICE

Attorney File #1: 07-1 02C

SIEH CLARK BEING DULY SWORN DEPOSES AND SAYS DEPONENT IS NOT A PARTY TO THIS ACTION AND OVER THE AGE OF

EIGHTEEN YEARS AND RESIDES IN THE STATE OF NEW YORK.

That on May 8, 2007 at 10:30 AM at

NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES

OFFICE OF LEGAL AFFAIRS

40 WORTH STREET, 6TH FL

NEW YORK, NY 10013

deponent served the within true copy/copies of the SUMMONS & COMPLAINT, JUDGE SWAIN'S RULES, JUDGE DOLINGER'S RULES,

ECF INSTRUCTIONS on NICHOLAS SCOPETTA, the defendant/respondent therein named,

SUITABLE

AGE

by delivering thereat a true copy/copies of each to MS. ALBA ARIAS, LEGAL CLERK a person of suitable age and

discretion. Said premises is the defendant's/respondent's actual place of business within the state. She identified

herself as being AUTHORIZED to accept for the defendant/respondent.

Deponent further states that he describes the person actually served as follows:

Sex

FEMALE

Skin Color

TAN

Hair Color

BROWN

Age (Approx.)

60

Height (Approx.)

5'5

Weight (Approx)

130

MAILING

MILITARY

SERVICE

Deponent enclosed a true copy/copies of same in a postpaid wrapper properly addressed to the defendant/respondent at

the defendant's/respondent's actual place of business at

NEW YORK CITY ADMINISTRATION FOR CHILDREN'S SERVICES

OFFICE OF LEGAL AFFAIRS

40 WORTH STREET, 6TH FL

NEW YORK, NY 10013

and deposited said wrapper in a post office or official depository under exclusive care and custody of the United States

Postal Service within New York State on May 8, 2007 by REGULAR FIRST CLASS MAIL in an envelope marked

PERSONAL & CONFIDENTIAL and not indicating on the outside envelope thereof, by return address or otherwise that

the communication is from an attorney or concerns an action against the party to be served.

Person spoken to was asked whether the defendant was in the military service of the State of New York or the United

States and received a negative reply. Upon information and belief based upon the conversation and observation as

aforesaid deponent avers that the defendant is not in the military service of the State of New York or the United States as

that term is defined in the statutes of the State of New York or the Federal Soldiers and Sailors Civil Relief Act.

Sworn to me on: May 8, 2007

Linda Forman

Notary Public, State of New York

No.01F05031305

Qualified in New York County

Commission Expires August 1,2010

~~~

Notary Public, State of New York

No.01F06125415

Qualified in New York County

Commission Expires April 18,

200fJ

Larry Yee

Notary Public, State of New York

No.01YE5015682

Qualified in New York County

Commission Expires July 26, 2009

c~/ - L

SIEH CLARK ( ---

License #: 1187234

Docket #: 477628

Case 1:07-cv-03579-LTS-MHD Document 7 Filed 05/29/2007 Page 1 of 2
============================-========================================================

: RETURN OF SERVICE

Service ofthe Summons and Complaint was made by mel DATE: MAY 8, 2007

NAME OF SERVER (PRINT) SIEH CLARK TITLE PROCESS SERVER

Check one box below to indicate appropriate method of service

!XX Served personally upon the defendant. Place where served: NEW' YORKCny AD~nNISTRATION FOR

CH IlDREN 'S SERVICES 40 WORTH' STREET m:'H FLOOR NEN YORK:, NY 1001'3

ON ~·1AYi 8, .-2007AT 10 ~30 M1 (OFFICE OF LEGAL AFFAIRS)

I[}( Left copies thereof at the defendant's dwelling house or usual place of abode with a person of

suitable age and discretion then residing therein.

Name MS. ALBA of person ARIAS,withLEGAL whomCLERK the summons (CO-WORKER) and complaint were left:

FEMALE, TAN SKIN, BROWN HAIR, 60 YRS, 5t5 HGT, 130 LBS.

o Returned unexecuted:

o Other (specify): O~I THE 8TH D/W OF' MAY' 2007 copy l'1AJLEDTO THE ABOVE ADDRESS

SY REGUlAR fIRST CLASS MAll iN AN ENVELOPE MARKED PERSONAL AND CONFIDENTIAL

TRAVEL

STATEMENT OF SERVICE FEES

SERVICES TOTAL

DECLARATION OF SERVER

I declare under penalty of perjury the laws of the United States of America that the foregoing

information contained in the Return of Service and Statement of Service Fees is true and correct.

Executed on .J:!JrM/ %th ;;('x;"/ Date

~~~

Notary Publi~ State of New York

No.OlF06125415

Qualified in New York County

Commission Expires April 18, 2o::J'1

6'S~C'C Signature 0 r /~ SIEH CLARK 1187234

299 BROADWAY SUITE #1401 NEW YORK, NY 10007

Address of Server

DOCKET # 477628

As to who may serve a summons see Rule 4 ofthe Federal Rules of Civil Procedure.

Case 1:07-cv-03579-LTS-MHD Document 7 Filed 05/29/2007 Page 2 of 2