I affirm this ___ day of ______, ____, under the penalties of perjury under the laws of New York, which may include a fine or imprisonment, that the foregoing is true, and I understand that this document may be filed in an action or proceeding in a court of law.
The affirmation submitted by Ms. Moccia, Esq., respondent's counsel and Mr. Matthew Aqeel, Esq., petitioner's counsel, are only made "under the penalties of perjury." Such affirmations were sufficient under the old CPLR 2106, but effective January 1, 2024, they are no longer legally sufficient to comport with this amended rule. The Advisory Committee Notes to CPLR 2106 state, "while attorneys always have a professional duty to state the truth in papers, the affirmation under the proposed rule gives attorneys adequate warning of the possibility of prosecution for perjury for a false statement." (See [*3]Zhou v Cent. Radiology, PC, 84 Misc 3d 410, 419 [Sup Ct, Queens County 2024].)
Since the amended rule includes the word "shall" within its directive, the language set forth thereafter is mandatory and not merely a suggestion. (See Diego Beekman Mut. Hous. Assn. Hous. Dev. Fund Corp. v Hammond, 81 Misc 3d 1244(A) [Civ Ct, Bronx County 2024].) The failure to include the required language as set forth in CPLR 2106 cannot be said to be harmless and renders the affirmation inadmissible and of no probative value (See Zhou at 419; R.F. v L.K., 82 Misc 3d 1221(A) [Sup Ct, Westchester County 2024]).