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MATTER OF BANK OF NY MELLON

651786/11

42 Misc.3d 171 (2013)

977 N.Y.S.2d 560

2013 NY Slip Op 23337

In the Matter of THE BANK OF NEW YORK MELLON, as Trustee under Various Pooling and Servicing Agreements and Indenture Trustee under Various Indentures, et al., Petitioners.

Supreme Court, New York County.

Decided May 20, 2013.

Attorney(s) appearing for the Case

Mayer Brown, LLP, New York City ( Matthew D. Ingber and Christopher J. Houpt of counsel), and Dechert LLP, New York City ( Hector Gonzalez and James M. McGuire of counsel), for petitioners. Reilly-Pozner LLP, Denver, Colorado ( Daniel M. Reilly and Michael Rollin of counsel), for AIG Entities, respondent. Miller & Wrubel, PC., New York City ( John G. Moon and Claire L. Huene of counsel), for Triaxx Entities, respondent. Keller Rohrback LLP, Seattle, Washington ( Derek W. Loeser , David J. Ko and Gary A. Gotto of counsel), for Federal Home Loan Banks of Boston, Chicago, and Indianapolis, respondent.

OPINION OF THE COURT

BARBARA R. KAPNICK, J.

This motion was brought by order to show cause by three members of the steering committee — the AIG Entities, the Triaxx Entities and the Federal Home Loan Banks of Boston, Chicago and Indianapolis (collectively, the movants) — with the support of the State Attorneys General of New York and Delaware. The movants seek an order pursuant to CPLR 3124 compelling: (1) The Bank of New York Mellon (BNYM...

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