In Citibank, N.A. v. McGarvey, 196 Misc2d 292 (Civ Ct Richmond Co 2003) the question was the validity of the nonmilitary affidavit since the plaintiff had technically complied with the mandate of the Federal Act by conducting the investigation prior to entry of the default judgment. In that posture, the court relied on the general rule that the absence of a valid nonmilitary affidavit is a "simple irregularity" and "...default judgments resting on invalid nonmilitary affidavits are deemed merely voidable and not void ab initio as a matter of law." In McGarvey, petitioner wholly failed to comply with the mandate of the Federal Act by conducting the investigation prior to entry of the default judgment.