1. I am a member ofthe law firm of Stern Tann nbaum & Bell LLP, counsel for

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1 FILED: NEW YORK COUNTY CLERK 12/14/ :09 PM INDEX NO /2016 NYSCEF DOC. NO. 4 RECEIVED NYSCEF: 12/14/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ESRT EMPIRE STATE BUILDING, L.L.C., Index No /2016 -against- PACIFICA FOUNDATION, INC., Plaintiff, AFFIDAVIT OF COMPLIANCE WITH NEW YORK NOT-FOR-PROFIT CORPORATION LAW 307 Defendant. STATE OFNEWYORK ) COUNTY OF NEW YORK ) ) ss: ROSEMARY HALLIGAN, being duly sworn, here y deposes and states as follows: 1. I am a member ofthe law firm of Stern Tann nbaum & Bell LLP, counsel for plaintiff ESRT Empire State Building, L.L.C. in this action. proceeding. 2. I am over 18 years of age, reside in Kings C unty, and am not a party to this 3. Pursuant to Section 307 of the New York No -For-Profit Corporation Law, a copy of the Summons, Verified Complaint and Notice ofcomme cement of Action Subject to Mandatory Electronic Filing has been personally delivered the Secretary of State (as evidenced by the attached Affidavit of Service and receipt om the Secretary of State) and true and correct copies of same were sent to the Defendant by C rtified Mail as evidenced by the Return Receipt (and the relevant Affidavit of Service of s immediately hereto. e), copies of which are attached BRENDAORnz Notary Public, State of New~ No. 01 OR Qualified in Bronx County Commission Expires September 3, !.DOC 1 of 6

2 Supreme Court of the State of New York County of New York ESRT Empire State Building, L.L.C., -against- Plaintiff, AFFIDAVIT OF SERVICE Index No /2016 Date Filed 11/23/2016 Pacifica Foundation, Inc., _,.,.:! Defendant. State ofnew York ) County of Albany ) ss: Mary M. Bonville, being duly sworn, deposes and says: Deponent is over the age of eighteen and is a resident of New York tate and is not a party to this action. That on December 2, 2016 at approximately 9:40AM deponent served e following Specific papers pursuant to Section 307 of the Not for Profit Corporation Law: Summons ( end<i>rsed with the index number and date of purchase) and Verified Complaint with Exhibit A and Notice' of Cofumencement of Action SubJect to Mandatory Electro~c Filing, that the ~arty.serv~d was Pacifica ]:7ounda~ion, In~ 1., an unauthorized ~oreign not-for-profit corporation, the defendant m this act10n, by personally servmg one copy of the aforesrud papers at the office of the New York State Secretary of State located at 99 Washington ~~lnue, 6th Floor, in the City of Albany, New York by.delivering to and leaving the papers with Sue Zouky, a ~.n~e female with light brown hair, being approximately 60 years of age; height of 5'0", weight of 125 lbs., be' g an authorized person in the Corpnration Division of the Department of State and empowered to receive sue service. That at the time of making such service, deponent paid the fee prescribed by Law in the amount of Ruth A. Dennehey Notary Public - State ofnew York Qualified in Albany County Registration No. 01DE Commission Expires: of 6

3 State of New York - Department of State. f. I Rece1pt or Serv1ce Receipt #: Date of Service: 12/ 02/2016 Service Company; 08 COLBY ATTORNEYS SERVICE Service was directed to be made pursuant to: NOT-FOR- PROFIT CORPORATION LAW Cash#: Fee Paid: $40 - DRAWDOWN COrPANY - 08 SECTION 307 OF THE Party Served: PACIFICA FOUNDATION, INC. Plaintiff/Petitioner: ESRT EMPIRE STATE BUILDING, L. L.C. Service of Process Address : Secretary of State By SUE ZOUKY 3 of 6

4 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. II Print your name and address on the reverse so that we can return the card to you. Attach this card to the back of the mail piece, or on the frontif space permits. 1. Article Addressed to: Va.c.i.~t c.o...f{)l{nch{\ on, Ire. 1Cfd'5 Ma.~r\.\'1\ u.d-11er ~i~ "l~t. Be~ ->efe~, c~\\-t'ov-n\a. 9'/7Dlf If YES, enter delivery address below: 3. Service Type D Certified Mail 0 Registered D Insured Mail 0 Express Mail 0 Return Receipt for Merchandise D C.O.D. 4. Restricted Delivery? (Extra 0 Yes 2. Article Number (Transfer from senice label) ; 4 of 6

5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ESRT EMPIRE STATE BUILDING, L.L.C., ~ndex No /2016 Plaintiff, -against- L.<\FFIDA VIT OF SERVICE PACIFICA FOUNDATION, INC., Defendant. STATE OF NEW YORK ) ss COUNTY OF NEW YORK ) STEF ANIE M. MILLER, being duly sworn, depose and says: 1. I am associated with the firm of STERN T~ENBAUM & BELL LLP. 2. I am over 18 years of age, reside in New Yo County, New York, and am not a party to this action. 3. Pursuant to Section 307 ofthe New York Not-For-Profit Corporation Law, on November 28, 2016, I served a true and correct copy of the ollowing documents: 1. Summons; 2. Verified Complaint; and 3. Notice of Commencement of Action Subject to Mandatory Electronic Filing on the address listed below via Certified Mail, Return ReceJpt Requested, by depositing true and correct copies of same in the official depository maintained and exclusively controlled by the United States Government at 380 Lexington Avenue, Newrork, New York 10168, properly enclosed and sealed in a postage-paid envelope, addressed o the following: 1 of2 5 of 6

6 PACIFICA FOUNDATION, INC 1925 Martin Luther King Jr. Way Berkeley, California 947f4 Attention: Lydia Brazo s~~ --- Sworn to before me this 28 1 h day ofnovernber, 2016 ~!RENDA ORTIZ Notary Public, State of NewVodl No. 010R Qualified in Bronx Cou,._, f ~ Commission Expires September 3, 20_ DOC 2 of2 6 of 6