UNITED STATES DISTRICT COURT/SOUTHERN DISTRICT OF NEW YORK Attorney: SCOTT B. SCHWARTZ, ESQ.-

1508

RALPH VANACORE Index #: 07CV3579

Plaintiff( s)

- against -

JOHN MATTINGLY ET AL

STATE OF NEW YORK: COUNTY OF NEW YORK ss:

Defendant(s)

Date Filed:

AFFIDAVIT OF SERVICE

Attorney File #1: 07-102C

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 JOHN MATTINGLY, the defendant/respondent therein named,

SUIT ABLE

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,

200!=l

Larry Yee

Notary Public, State of New York

No.01YE5015682

Qualified in New York County

Commission Expires July 26, 2009

SIEH CLARK

License #: 1187234

Docket #: 477627

Case 1:07-cv-03579-LTS-MHD Document 6 Filed 05/29/2007 Page 1 of 2
--- ---------------------------------------------------

RETURN OF SERVICE

Service ofthe Summons and Complaint was made by mel DA TE: _~1_AY_8_,_20_0_7 _

NAME OF SERVER (PRINT) 'SlEH ChARK TITLE PROCESS SERVER

Check one box below to indicate appropriate method of service

Served personally upon the defendant.

CHIl-,DRENlS SERVICES 40 WORTH

ON t1A.Y'8 ,-200Z AT 1'0:,30AM

Place where served: NEW Y'ORKCITY A(\)~lINISTRATlONFOR

STREET {/1'n FLOOR NEH YORK. NY 10011

(OFFICE OF LffiAL AFFAIRS)

fi 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 of person with whom the summons and co'mplaint were left:

MS. ALBA ARIAS, LEGAL CLERK (CO-WORKER)

FEMALE, TAN SKIN, BROWN HAIR, 60 YRS, 515 HGT, 130 LBS.

o Returned unexecuted:

Other (specify): ON THE 8TH DAY OF ~1A1t2007 COpy t.1AJ.LEDTO THE ABOVE AnDRESS BY

REGULAR FIRST CLASS MAIL IN AN EVELOPE MARKED PERSONAL AND CONFIDENTIAL

TRAVEL

STATEMENT OF SERVICE FEES

SERVICES TOTAL

DECLARATION OF SERVER

I declare under penalty of peIjury 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 (Y}rAAI ~th ;;;>W'/

Date I

~~ ROBIN M. FORMAN

Notary Public State of New York

No.OlF06125415

Qualified in New York County

Commission Expires April 18, 2foCf

Si

~

tureG- 0 r I

-/-- SIEH CLARK 1187234

299 BROADHAY SUITE #1401 NEW YORK, NY 10007

Address of Server

DOCKET # 477627

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

Case 1:07-cv-03579-LTS-MHD Document 6 Filed 05/29/2007 Page 2 of 2