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2004 NY Slip Op 51085

Citation
2004 NY Slip Op 51085
Jurisdiction
New York (state)
Source verification
cross_accepted_sealed

Full Text

1,088 chars
Assuming the Military status was in question, the alleged military search was done more than 30 days prior to the eviction. The military search was done on March 3, and, after the eviction, on June 22. The eviction was June 4. The Petitioner relied upon the status "currently not on active military duty" to make the determination that the Respondent was not in the military but failed to show what information was used in the website search to obtain that information and reach that conclusion.

Pursuant to 50 U.S.C. App. §511, covered servicemembers under the Servicemembers Civil Relief Act include servicemembers "for any period of time when he or she is absent from duty because of sickness, wounds, leave or other lawful cause (i.e., he [she] is still a SM even if (sic) absent from active duty for one of the above reasons)". Therefore, the status of 'currently not on active military duty', assuming that a proper request and website search was conducted, only confirms that the Respondent is a servicemember covered for protection under 50 U.S.C. App. §511 since she was sick.