• I am an attorney duly licensed to practice law in all Courts of the State of New York and United States Federal Courts including the United States Supreme Court. I make this declaration in support of the Application of Debtor-Appellant (hereinafter “Debtor” or “Elia”) to Supplement the Record on Appeal and in reply to the papers of Defendant-Appellee (hereinafter “Appellee” or “Damon & Morey”) in opposition thereto.
• I am the Chief Executive Officer of the reorganized Debtor. I have actual personal knowledge of all factual representations made herein and affirm that all averments made by me herein are true.
• Although Daniel Brown represents that he is “fully familiar” with the facts and circumstances set forth in his Declaration, he hedges this assertion by stating that his representations are either based upon his personal knowledge or upon his review of papers and are true to the best of his knowledge, information and belief. Unlike my Declaration which I hereby testify is based upon my own personal knowledge, the Court is left to guess which of Daniel Brown’s representations are based upon his personal knowledge and which are based upon some, perhaps unfounded, “belief”.

(DOCUMENT CONTINUED, SEE LINK BELOW)