Case reg Doc 173 Filed 04/23/15 Entered 04/23/15 16:58:42

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1 Case reg Doc 173 Filed 04/23/15 Entered 04/23/15 16:58:42 Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, LLP Attorneys for Broadway Terrace Associates LLC 475 Park Avenue South, 18 th Floor New York, New York (212) Henry G. Swergold Andrew S. Muller UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK x In re: FEDERATION EMPLOYMENT AND GUIDANCE SERVICE, INC. d/b/a FEGS, Hearing Date: May 19, 2015 at 10:00 a.m. Objections Due: May 14, 2015 by 4:00 p.m. Chapter 11 Case No (REG) Debtor x NOTICE OF MOTION OF BROADWAY TERRACE ASSOCIATES LLC FOR ORDER VACATING AUTOMATIC STAY REGARDING CERTAIN RESIDENTIAL APARTMENTS PLEASE TAKE NOTICE, that on May 19, 2015 at 10:00 a.m., or as soon thereafter as counsel may be heard, a hearing will be held before the Honorable Robert E. Grossman, United States Bankruptcy Judge, at the United States Bankruptcy Court, 290 Federal Plaza, Central Islip, NY 11722, on the motion of Broadway Terrace Associates LLC (the Landlord ), for the entry of an Order, pursuant to 362(d) of Title 11 of the United States Code (the Bankruptcy Code ), vacating the automatic stay to permit the Landlord to pursue and/or enforce its rights and remedies with regard to certain residential apartment units that have expired, or in the future will expire and not be renewed, located at: (i) 26 Broadway Terrace, Apt. B, New York, NY 10040; and (ii) 20 Broadway Terrace, Apts. A, 3A, B and 1B, New York, NY 10040, and others which had been leased by Federation Employment and Guidance Service, Inc. d/b/a FEGS, the debtor and debtors in possession (the Debtor ) under certain written lease agreements, and granting such other and further relief as this Court may deem just and proper (the Motion ).

2 Case reg Doc 173 Filed 04/23/15 Entered 04/23/15 16:58:42 PLEASE TAKE FURTHER NOTICE, that objections, if any, to the relief requested in the Motion shall be made in writing, shall state with particularity the grounds for the objection, and shall be served on Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, LLP, 475 Park Avenue South, New York, New York 10016, Attn: Henry G. Swergold, Esq., with a copy to the Chambers of the Honorable Robert E. Grossman, United States Bankruptcy Judge, and the Office of the United States Trustee, and be filed with the Clerk of the Court for receipt no later than May 14, 2015 at 4:00 p.m. Dated: New York, New York April 23, 2015 PLATZER, SWERGOLD, LEVINE, GOLDBERG, KATZ & JASLOW, LLP Attorneys for Broadway Terrace Associates LLC By: /s/ Henry G. Swergold Henry G. Swergold Andrew S. Muller 475 Park Avenue South, 18 th Floor New York, New York Tel.: (212) hswergold@platzerlaw.com amuller@platzerlaw.com 2 G:\wpdocs\working\Clients\14-26 Broadway Terrace Assocs\lift stay motn real estate lease expiration nom.docx

3 Case reg Doc Filed 04/23/15 Entered 04/23/15 16:58:42 Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, LLP Attorneys for Broadway Terrace Associates LLC 475 Park Avenue South, 18 th Floor New York, New York (212) Henry G. Swergold Andrew S. Muller UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK x In re: FEDERATION EMPLOYMENT AND GUIDANCE SERVICE, INC. d/b/a FEGS, Chapter 11 Case No (REG) Debtor x MOTION OF BROADWAY TERRACE ASSOCIATES LLC FOR ORDER VACATING AUTOMATIC STAY REGARDING CERTAIN RESIDENTIAL APARTMENTS TO: The Honorable Robert Grossman United States Bankruptcy Judge Broadway Terrace Associates LLC (the Landlord ), by its undersigned counsel, as and for its application for entry of an Order, pursuant to 362(d) of Title 11 of the United States Code (the Bankruptcy Code ), vacating the automatic stay to permit the Landlord to pursue and/or enforce its rights and remedies with regard to certain residential apartment units that have expired, or in the future will expire and not be renewed, located at: (i) 26 Broadway Terrace, Apt. B, New York, NY 10040; and (ii) 20 Broadway Terrace, Apts. A, 3A, B, 1B, New York, NY 10040, and others, which had been leased by Federation Employment and Guidance Service, Inc. d/b/a FEGS, the debtor and debtors in possession (the Debtor ) under certain written lease agreements, and granting such other and further relief as this Court may deem just and proper (the Motion ), respectfully set forth and represent as follows:

4 Case reg Doc Filed 04/23/15 Entered 04/23/15 16:58:42 BACKGROUND 1. The Landlord is the landlord under various written lease agreements (as amended from time to time, the Leases and each, a Lease ) entered into by and between the Debtor and BGB Associates, LLC ( BGB ), the Landlord s assignor, for residential apartment units located in certain buildings including, but not limited to, the buildings known as and located at 20 Broadway Terrace, New York, NY and 26 Broadway Terrace, New York, NY (the Buildings ). The Landlord purchased the Buildings from BGB on or around April 9, A copy of: (a) the Deed conveying the Buildings from BGB to the Landlord; and (b) BGB s Notice of Assignment to the Landlord of the right to collect rent under the Leases, is annexed hereto and made a part hereof as Exhibit A. A copy of the Notice of Assignment was sent to each of the tenants of the Buildings including, but not limited to, the Debtor. Each of the residential apartment unit Leases with the Debtor, is subject to the New York City Rent Stabilization Law of 1969 (the Rent Stabilization Law ). A small number of Leases with the Debtor have expired or in the near future will expire, and not be renewed by the Landlord. 2. On March 18, 2015 (the Petition Date ), the Debtor filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code automatically staying efforts by the Landlord from recovering possession of the apartments subject to expired/expiring Leases. 26 Broadway Terrace, Apt. B 3. On or around March 25, 2009, the Debtor executed a written lease agreement with BGB for that certain residential apartment unit located at 26 Broadway Terrace, Apt. B. Pursuant to the most recent Lease Renewal Form this Lease expired on March 31, Copies of the Lease documents for this apartment are annexed hereto as Exhibit B. 4. The Landlord timely served upon the Debtor a Combined Notice of Intention Not to Renew Lease Due to Non-Primary Residence and Notice of Termination dated October 27, 2 G:\wpdocs\working\Clients\14-26 Broadway Terrace Assocs\lift stay motn real estate lease expirationv2.docx

5 Case reg Doc Filed 04/23/15 Entered 04/23/15 16:58: (the Non-Renewal/Termination Notice ) with regard to this Lease. By the Non- Renewal/Termination Notice, the Landlord advised the Debtor that based upon the Debtor s use of the subject premises in contravention to the Rent Stabilization Law (i.e., (a) the Debtor as a legal entity cannot be regarded as a primary resident of the subject apartment, (b) an employee or officer of the Debtor does not utilize the subject apartment as a principal place of residence, and (c) the subject apartment has been sublet to an unknown individual who is not an employee of the Tenant), this Lease was not going to be renewed and would therefore expire by its terms on March 31, A copy of the Non-Renewal/Termination Notice for 26 Broadway Terrace, Apt. B is annexed hereto and made a part hereof as Exhibit C. 5. Since March 31, 2015, the Debtor has remained in possession of these premises as a holdover having failed to vacate these premises. 6. By this Motion, the Landlord seeks relief from the automatic stay to commence a summary holdover proceeding against the Debtor seeking to recover possession of 26 Broadway Terrace, Unit B from the Debtor. 20 Broadway Terrace, Apts. A, 3A, B, and 1B 7. On or around July 1, 2014, the Debtor executed four (4) separate written lease agreements with BGB for certain residential apartment units known as Apt. A, Apt. 3A, Apt. B, and Apt. 1B located at 20 Broadway Terrace, New York, NY. Annexed hereto as Exhibit D is a chart setting forth the pertinent rental information regarding these four (4) Leases. 8. Pursuant to the most recent Lease Renewal Forms, each of these Leases expires on June 30, On or about February 19, 2015, the Landlord served upon the Debtor Non- Renewal/Termination Notices with regard to each of these Leases. By the Non- G:\wpdocs\working\Clients\14-26 Broadway Terrace Assocs\lift stay motn real estate lease expirationv2.docx 3

6 Case reg Doc Filed 04/23/15 Entered 04/23/15 16:58:42 Renewal/Termination Notices, the Landlord advised the Debtor that based upon the Debtor s use of the subject premises in contravention to the Rent Stabilization Law (i.e., (a) the Debtor as a legal entity cannot be regarded as a primary resident of the subject apartment, (b) an employee or officer of the Debtor does not utilize the subject apartment as a principal place of residence, and (c) the subject apartment has been sublet to an unknown individual who is not an employee of the Tenant), each of these Leases was not going to be renewed and would therefore expire by its terms on June 30, The form of Non-Renewal/Termination Notices for 20 Broadway Terrace, Apts. A, 3A, B, and 1B was the same as that annexed hereto as Exhibit C. 10. Since these Leases are not being renewed, if the Debtor remains in possession beyond June 30, 2015, the Landlord will have no choice but to seek to evict the Debtor and by this Motion, seeks relief from the automatic stay to exercise its rights, if necessary, in order to regain possession of the subject apartments. 20 Broadway Terrace, Apts. D and 1D 11. On or around September 1, 2014, the Debtor executed two (2) separate written lease agreements with BGB for certain residential apartment units known as Apt. D. and Apt. 1D located at 20 Broadway Terrace, New York, NY. Pertinent rental information regarding these two (2) Leases is set forth in the chart annexed hereto as Exhibit D. 12. Pursuant to the most recent Lease Renewal Forms, each of these Leases expires on August 31, Not later than ninety (90) days prior to the expiration of these two (2) Leases, the Landlord intends to serve upon the Debtor Non-Renewal/Termination Notices regarding each of these Leases for the same reasons as set forth above. G:\wpdocs\working\Clients\14-26 Broadway Terrace Assocs\lift stay motn real estate lease expirationv2.docx 4

7 Case reg Doc Filed 04/23/15 Entered 04/23/15 16:58: While service of a Non-Renewal/Termination Notice on the Debtor for these Leases does not implicate the fundamental protections the Debtor is entitled to under the automatic stay, out of an abundance of caution, by this Motion the Landlord seeks entry of an Order granting it relief from the automatic stay to serve Non-Renewal/Termination Notices regarding these Leases, and thereafter, if necessary, to commence a summary holdover proceeding against the Debtor seeking to recover possession of 20 Broadway Terrace, Apts. D and 1D from the Debtor should it fail to vacate these apartments. JURISDICTION, VENUE AND STATUTORY AUTHORITY 15. The court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and This is a core proceeding pursuant to 28 U.S.C. 157(b)(2). Venue is properly had in this district pursuant to 28 U.S.C and The statutory predicates for the relief sought herein are 11 U.S.C. 362(d). GROUNDS FOR RELIEF 16. Section 362(d)(1) and (2) of the Bankruptcy Code provide, in pertinent part, that: (d) On request of a party in interest and after notice and a hearing, the court shall grant relief from the stay... (1) for cause, including the lack of adequate protection of an interest in property of such party in interest; (2) with respect to a stay of an act against property under subsection (a) of this section, if (A) property; and the debtor does not have an equity interest in such (B) such property is not necessary to an effective reorganization. 17. While a debtor s possessory rights in a lease trigger the applicability of the automatic stay in the first instance, they are not determinative of the fundamentally different G:\wpdocs\working\Clients\14-26 Broadway Terrace Assocs\lift stay motn real estate lease expirationv2.docx 5

8 Case reg Doc Filed 04/23/15 Entered 04/23/15 16:58:42 question as to whether the stay, once triggered, should be modified or terminated for cause. In re Eclair Bakery, Ltd., 255 B.R. 121, 134 (Bankr. S.D.N.Y. 2000). 18. A party moving to lift the stay under section 362(d)(1) must initially produce evidence establishing cause for the relief he requests. In re Touloumis, 170 B.R. 825, 828 (Bankr. S.D.N.Y. 1994). Once the moving party establishes a prima facie case for cause, the burden shifts to the debtor to disprove its existence. Burger Boys, Inc. v. South St. Seaport Ltd. P ship (In re Burger Boys, Inc.), 183 B.R. 682, 687 (S.D.N.Y. 1994) (citing 11 U.S.C. 362(g)(1)) ( Burger Boys ); In re Touloumis, 170 B.R. at 828. If the movant fails to make an initial showing of cause, however, the court should deny relief without requiring any showing from the debtor that it is entitled to continued protection. In re Sonnax Indus., 907 F.2d 1280, 1285 (2d Cir. 1990). 19. Neither Section 362(d)(1) nor the legislative history defines cause. In re Touloumis, 170 B.R. at 828. Cause is an intentionally broad and flexible concept which must be determined on a case-by-case basis. In re Brown, 311 B.R. 409, (E.D. Pa. 2004) (internal citation omitted). Whether to lift the stay is in the bankruptcy court s discretion. Burger Boys, 183 B.R. at The legislative history of 362 reveals that Congress intended that one of the factors to consider when determining whether to modify the stay is whether doing so would permit pending litigation involving the debtor to continue in a nonbankruptcy forum, as [i]t will often be more appropriate to permit proceedings to continue in their place of origin, where no great prejudice to the bankruptcy estate would result, in order to leave the parties to their chosen forum and to relieve the bankruptcy court from duties that may be handled elsewhere. H.R. Rep. No , at 341 (1977), U.S. Code Cong. & Admin. News 1978, at G:\wpdocs\working\Clients\14-26 Broadway Terrace Assocs\lift stay motn real estate lease expirationv2.docx 6

9 Case reg Doc Filed 04/23/15 Entered 04/23/15 16:58: , 6297; S. Rep. No , at 50 (1978), U.S. Code. Cong. & Admin. News 1978, at 5787, The Landlord respectfully submits that it is entitled to relief from the automatic stay with regard to its rights and remedies under the Leases to the apartments. More specifically, the Lease for 26 Broadway Terrace, Apt. B pursuant to which the Debtor had a right to possession of the apartment expired by its own terms on March 31, 2015 and was not renewed or extended. Therefore, the Debtor has no legal interest in the apartment nor any equity in the tenancy. Notwithstanding, the Debtor has continued to remain in possession of this apartment without paying the Landlord any amount for use and occupancy. Moreover, the Debtor is not an authorized tenant of the apartment which is subject to the Rent Stabilization Laws. Accordingly, there is no basis in law or fact upon which the Debtor could have the Lease reinstated under nonbankruptcy law. Therefore, the Landlord submits it is entitled to relief from the automatic stay to commence a summary holdover proceeding to recover possession of 26 Broadway Terrace, Unit B. 21. Similar situations exist for the Leases for 20 Broadway Terrace, Apts. A, 3A, B, 1B, D and 1D. The Leases for Apts. A, 3A, B, 1B are due to expire on June 30, 2015 and the Leases for Apts. D and 1D will expire on August 31, The Landlord has already sent Non- Renewal/Termination Notices regarding Apts. A, 3A, B, 1B, and will be sending Non- Renewal/Termination Notices regarding Apt. D and 1D no later than June 1, These Leases will not be renewed and after June 30, 2015 and August 31, 2015 respetively, the Debtor will no longer have any legal interest in these apartments. If the Debtor fails to turnover same, the Landlord would like the freedom to exercise its rights and remedies, if necessary, including commencing holdover proceedings. G:\wpdocs\working\Clients\14-26 Broadway Terrace Assocs\lift stay motn real estate lease expirationv2.docx 7

10 Case reg Doc Filed 04/23/15 Entered 04/23/15 16:58: No prior request for the relief sought herein has been made to this or any other court. WHEREFORE, the Landlord requests the entry of an order lifting the automatic stay under 362(d) for purposes of commencing and/or completing dispossess proceedings against the Debtor with respect to the apartments, including the lawful eviction of the Debtors, together with such other and further relief the court deems just and proper. Dated: New York, New York April 23, 2015 PLATZER, SWERGOLD, LEVINE, GOLDBERG & JASLOW, LLP Attorneys for Broadway Terrace Associates LLC By: /s/ Henry G. Swergold Henry G. Swergold Andrew S. Muller 475 Park Avenue South - 18 th Floor New York, New York Tel.: hswergold@platzerlaw.com amuller@platzerlaw.com G:\wpdocs\working\Clients\14-26 Broadway Terrace Assocs\lift stay motn real estate lease expirationv2.docx 8

11 Case reg Doc Filed 04/23/15 Entered 04/23/15 16:58:42 EXHIBIT A

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22 Case reg Doc Filed 04/23/15 Entered 04/23/15 16:58:42 EXHIBIT C

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25 Case reg Doc Filed 04/23/15 Entered 04/23/15 16:58:42 EXHIBIT D

26 Case reg Doc Filed 04/23/15 Entered 04/23/15 16:58: Broadway Terrace Associates LLC, c/o BTH Holdings LLC 1324 Lexington Avenue, Suite 245 New York, NY FEGS Units at BT Current Owner Previous Owner Broadway Terrace Associates LLC, c/o BTH Holdings LLC BGB Associates LLC 20 Broadway Terrace Name on Lease Rent Amount Lease Start Date Lease End Date A Federation Employment and Guidance Services, Inc. $ 1, /1/2014 6/30/2015 3A Federation Employment and Guidance Services, Inc. $ 1, /1/2014 6/30/2015 B Federation Employment and Guidance Services, Inc. $ 1, /1/2014 6/30/2015 1B Federation Employment and Guidance Services, Inc. $ 1, /1/2014 6/30/2015 D Federation Employment and Guidance Services, Inc. $ 1, /1/2014 8/31/2015 1D Federation Employment and Guidance Services, Inc. $ 1, /1/2014 8/31/ Broadway Terrace Name on Lease Rent Amount Lease Start Date Lease End Date B Federation Employment and Guidance Services, Inc. $ 1, /1/2013 3/31/2015

27 Case reg Doc Filed 04/23/15 Entered 04/23/15 16:58:42 Platzer, Swergold, Levine, Goldberg, Katz & Jaslow, LLP Attorneys for Broadway Terrace Associates LLC 475 Park Avenue South, 18 th Floor New York, New York (212) Henry G. Swergold Andrew S. Muller UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF NEW YORK x In re: FEDERATION EMPLOYMENT AND GUIDANCE SERVICE, INC. d/b/a FEGS, Chapter 11 Case No (REG) Debtor x AFFIDAVIT OF SERVICE Jonathan Guan, being duly sworn, deposes and says: York. I am not a party to the action, am over 18 years of age and reside in Nassau County, New On April 23, 2015, I served a copy of a Notice of Motion and Motion of Broadway Terrace Associates LLC for Order Vacating Automatic Stay Regarding Certain Residential Apartments, via U.S. Mail, in properly addressed envelopes, and deposited same in an official depository under the exclusive care and custody of the United States Postal Service within the State of New York to the parties set forth on the list annexed hereto: Sworn to before me this 23 rd day of April, 2015 /s/ Jonathan Guan Jonathan Guan /s/ Andrew S. Muller Andrew S. Muller Notary Public, State of New York No. 02-MU Qualified in Nassau County Certificate Filed in New York County Commission Expires February 28, 2018

28 Case reg Doc Filed 04/23/15 Entered 04/23/15 16:58:42 Burton S Weston Garfunkel, Wild, P.C. 111 Great Neck Road Great Neck, NY United States Trustee Long Island Federal Courthouse 560 Federal Plaza - Room 560 Central Islip, NY Ilan D Scharf Pachulski Stang Ziehl et al. 780 Third Avenue, 36th Floor New York, NY David Neier Winston & Strawn LLP 200 Park Avenue New York, NY Carey D. Schreiber Winston & Strawn LLP 200 Park Avenue New York, NY Carrie V. Hardman Winston & Strawn LLP 200 Park Avenue New York, NY Frank A Oswald Togut Segal & Segal LLP One Penn Plaza, Suite 3335 New York, NY Daniel F. Flores, Esq. Wilson Elser et al. 150 E 42nd Street New York, NY Marie Hofsdal, Esq. Wilson Elser et al. 150 E 42nd Street New York, NY Frederick Hyman Mayer Brown LLP 1221 Ave. of The Americas New York, NY Joaquin De Baca Mayer Brown LLP 1221 Ave. of The Americas New York, NY Stephen D. Lerner Squire Patton Boggs (US) LLP 30 Rockefeller Plaza New York, NY Karol Denniston Squire Patton Boggs (US) LLP 30 Rockefeller Plaza New York, NY Mark A. Salzberg Squire Patton Boggs (US) LLP 30 Rockefeller Plaza New York, NY Kristin E. Richner Squire Patton Boggs (US) LLP 30 Rockefeller Plaza New York, NY Liz Vladeck Cary Kane LLP 1350 Broadway, Suite 1400 New York, NY McCarter & English, LLP Lisa S. Bonsall Four Gateway Center 100 Mulberry Street Newark, New Jersey Abraham B. Krieger Meyer, Suozzi, English & Klein, P.C. 990 Stewart Avenue, Suite 300 P.O. Box 9194 Garden City, NY Lee E. Woodard Harris Beach PLLC 333 West Washington St., Ste. 200 Syracuse, NY Christopher Baluzy Cary Kane LLP 1350 Broadway, Suite 1400 New York, NY McCarter & English, LLP Matthew B. Heimann Four Gateway Center 100 Mulberry Street Newark, New Jersey Stephen A. Donato Bond, Schoeneck & King PLLC One Lincoln Center Syracuse, New York Wendy A. Kinsella Harris Beach PLLC 333 West Washington St., Ste. 200 Syracuse, NY Larry Cary Cary Kane LLP 1350 Broadway, Suite 1400 New York, NY Edward J. LoBello Meyer, Suozzi, English & Klein, P.C. 990 Stewart Avenue, Suite 300 P.O. Box 9194 Garden City, NY Grayson T. Walter Bond, Schoeneck & King PLLC One Lincoln Center Syracuse, New York A. Mitchell Greene Robinson Brog, et al. 875 Third Ave, 9th Floor New York, NY Edward P. Zujkowski Emmet, Marvin & Martin, LLP 120 Broadway, 32nd Floor New York, New York Thomas A. Pitta Emmet, Marvin & Martin, LLP 120 Broadway, 32nd Floor New York, New York Suzanne Hepner Levy Ratner, P.C. 80 Eighth Avenue, 8th Floor New York, NY 10011

29 Case reg Doc Filed 04/23/15 Entered 04/23/15 16:58:42 Laureve D. Blackstone Levy Ratner, P.C. 80 Eighth Avenue, 8th Floor New York, NY Dean Dreiblatt Rose & Rose 291 Broadway, 13 th Floor New York, NY Ryan J. Barbur Levy Ratner, P.C. 80 Eighth Avenue, 8th Floor New York, NY Eric S. Goldstein Shipman & Goodwin LLP One Constitution Plaza Hartford, CT Thomas J. Schell Bryan Cave LLP 1290 Avenue of the Americas New York, NY Geris Krauss Krauss PLLC One North Broadway, Suite 1001 White Plains, NY Thomas R. Manisero, Esq. Wilson, Elser, 1133 Westchester Avenue White Plains, NY C. Kevin Kobbe DLA Piper LLP (US) The Marbury Building 6225 Smith Avenue Baltimore, MD Lane T. Maxson Hamburger, Maxson 225 Broadhollow Road, Suite 30IE Melville, New York Denis J. Kiely Kiely LLP 17 Turkey Lane Cold Spring Harbor, NY Jamila Justine Willis DLA Piper LLP (US) 1251 Ave. of the Americas, 27 th Fl. New York, NY Robert Feinstein Pachulski Stang Ziehl et al. 780 Third Avenue, 36th Floor New York, NY William P. Caffrey, Jr. Hamburger, Maxson 225 Broadhollow Road, Suite 30IE Melville, New York Eric H. Horn, Esq. Vogel Bach, PC 1745 Broadway, 17th Floor New York, NY James H. Shenwick Shenwick & Associates 655 Third Avenue, 20th Floor New York, New York Leslie A. Berkoff Moritt Hock & Hamroff LLP 400 Garden City Plaza Garden City, NY John D. Demmy Stevens & Lee, P.C North Market Street 7 th Floor Wilmington, DE Domenick J. Tammaro Smith, Buss & Jacobs, LLP 733 Yonkers Avenue Yonkers, NY Michael Levin Hinshaw & Culbertson LLP 10 East 40 th Street New York, NY 10016