SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ERIE -----------------------------------------------------x Index No. Plaintiff(s)/Petitioner(s), - vs. ­ NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING Defendant(s)/Respondent(s). -----------------------------------------------------x PLEASE TAKE NOTICE that__ plaintiff(s)/petitioner(s) __ defendant(s)/respondent(s) in the case captioned above intend(s) that this matter proceed as an electronically-filed case in the New York State Electronic Filing System (“NYSEF”) in accordance with the procedures therefor, described below. Service of papers by electronic means cannot be made upon a party unless that party consents to use of the system. Within ten days after service of this Notice, each party served must indicate whether it consents. General Information In New York State, actions may be commenced and cases processed by means of the NYSEF system in (1) tort, commercial, and tax certiorari cases in the Supreme Court in New York City and in Albany, Erie, Essex, Monroe, Nassau, Niagara, Onondaga, Suffolk, Sullivan and Westchester Counties; (2) any kind of case in Broome County Supreme Court designated by the Administrative Judge thereof; (3) proceedings in Erie County Surrogate’s Court; and (4) claims against the State of New York in the Court of Claims. Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be filed with the County Clerk and the court and served in a simple, convenient and expeditious manner. NYSEF case documents are filed with the County Clerk and the court by filing on the NYSEF Website (at www.nycourts.gov/efile), which can be done at any time of the day or night on any day of the week. Documents are deemed filed when received by the NYSEF server (with payment if required). The use of NYSEF is governed by Section 202.5-b (Supreme Court), and 206.5 and 206.5-aa (Court of Claims) of the Uniform Rules for the Trial Courts. American LegalNet, Inc. www.FormsWorkflow.com Instructions 1. Service of this Notice constitutes a statement of intent by the undersigned that the NYSEF system be used in this case. When an action or proceeding is being commenced by means of the system, this Notice must accompany service of the initiating papers. 2. Within ten days after service of this Notice, the party served shall file with the court and serve on all parties the attached Consent to NYSEF, or a writing declining to consent. When this Notice is served with papers initiating a lawsuit, the Consent form must be filed and served within the stated deadline and prior to service of, or with, the responsive pleadings or motion addressed to the pleadings. If the party served is represented by an attorney who has already registered as a NYSEF Filing User, that attorney may consent electronically on the NYSEF site. 3. Once parties agree that the case will be subject to NYSEF, each attorney, unless already registered, must PROMPTLY submit a Filing User Registration form (see the “Forms” section of the Website) to obtain the confidential Filing User Identification Number and Password necessary to use the system. 4. For additional information about NYSEF, see the User’s Manual and Frequently Asked Questions on the Website, or contact the court in question or the NYSEF Resource Center (at 646-386-3033 or NYFBEM@courts.state.ny.us). Dated: (Name) (Firm) (Address) (Phone) (Fax) (E-Mail) Attorney(s) for 10/1/07 2 American LegalNet, Inc. www.FormsWorkflow.com