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AFFIDAVIT / ATTORNEY'S AFFIRMATION IN SUPPORT OF NOTIFICATION

INSTRUCTIONS: FILL IN THE BOX BELOW AND THE INDEX NUMBER. COMPLETE THE BLANK SPACES PRINTED IN BOLD BELOW FOLLOWMG THE DIRECTIONS PROVIDED. PRINT AND USE BLACK INK ONLY.

SUPREME COURT STATE OF NEW YORK COUNTY OF KINGS Index No. 23005 / 2007

[Lasalle Bank National Association]

Plaintiff [Vernon Henry] Defendant (s)

STATE OF NEW YORK } COUNTY OF [KINGS]

[Vernon Henry], being duly sworn, says:


I

I own the premises located at [ 513 Chauncey Street Brooklyn, New York 11233. ] in the County of [KINGS] and State of New York.
1 I am about to submit an order to show cause vacating the order of reference and asking for a stay and /or restraining order to prevent the plaintiff from proceeding with selling, transferring, evicting, or removing any

of the defendants at the premises located at 513 Chauncey Street Brooklyn, New York 11233
I will make this application pursuant CPLR 5015(a)3, vacating the order of reference granted within the Kings County Supreme Court or the grounds that the plaintiff procured said reference by misrepresenting that they were the owners of the mortgage and note when the action commenced, CPLR 317 because alleged service had been made upon the defendant by means other than personal delivery and the defendant did not personally receive notice of the summons in time to defend and has a meritorious defense that the plaintiff lack standing at the time the action commenced and or in the alternative pursuant to CPLR 5015(a) 4 because the court lack of personal jurisdiction over the defendant and dismissing the complaint pursuant to CPLR 3212 for lack of standing , CPLR 3211(a)8 lack of personal jurisdiction and CPLR 3211(a)7 for failing to meet a condition precedent as result of the plaintiff failure to deliver a RPAPL 1303 notice with service of the summons and complaint during .

COME TO SUPREME COURT STATE OF NEW YORK KINGS COUNTY


Floor

360 Adams Street Exparte Office 10th

at on May 30th 2012 at 12:30pm

FILL IN EITHER PARAGRAPH 3 ~4

I have notified my opposition to appear in at Exparte Office of 360 Adams Street Brooklyn, New York 11201 10th Floor
[WHEN DID YOU TELL THEM TO APPEAR IN COURT?] On the 25th of May 2012 at 12:30pm

[WHAT NUMBER DID YOU DIAL?] Phone: (585) 247-9000

Fax: (585) 247-7380

[WHEN DID YOU CALL OR FAX THEM?] I called or faxed on the ___ day of May 2012
DAY MONTH

[DID YOU RECEIVE A RESPONSE?] CIRCLE ONE: [WRITE RESPONSE HERE] I spoke to:

YES NO

I believe that there will be significant prejudice by giving notice because:

[DETAIL REASONS ]

Has a previous application been made for this relief? No


[ IF YES, YOU MUST PROVIDE A DESCRIPTION OF WHERE, WHEN AND BY WHOM THE REQUEST WAS MADE, THE RESULT, AND IF THE APPLICATION WAS UNSUCCESSFUL, WHY YOU BELIEVE YOU ARE ENTITLED TO APPLY AGAIN .

____________________________________ DATE : ____________________ ,2012


______________________________ SIGN IN THE PRESENCE OF A NOTARY PUBLIC,

_____________________________________

[NOTARY PUBLIC]

[Print YOUR NAME]

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