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DennyCrane550

04/23/18 12:32 PM

#9107 RE: BernardBaruch #9101




SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
----------------------------------------------------------x
SYNCORA GUARANTEE INC.,
Index No.: 651258/2012
Plaintiff, Mot. Seq. 008
-againstPart
61
(Ostrager, J.)
.
ALINDA CAPITAL PARTNERS LLC,
AMERICAN ROADS LLC, MACQUARIE
[PROPOSED] ORDER TO
SECURITIES (USA) INC., and JOHN S.
. SHOW CAUSE
LAXMI,
:
Defendants.
Oral Argument Requested
----------------------------------------------------------x
Upon the
accompanying Memorandum of Law in Support of Defendant Macquarie
Capital
(USA)
Inc.'s (f/k/a Macquarie Securities
(USA) Inc.) ("Macquarie") Motion for
Summary Judgment;
the Affirmation of Diana M. Feinstein in Support of Defendant
Macquarie's Motion for
Summary Judgment, dated April
20, 2018, and the exhibits attached
thereto; Defendant Macquarie's Rule 19-A Statement of Undisputed Facts in Support of Its
Motion for
Summary Judgment; and all prior papers and proceedings in this action,
it is hereby:
ORDERED that Plaintiff Syncora Guarantee Inc.
("Syncora") show cause before this
Court at Commercial Division Part 61, Room 341,
to be held in and for the County of New York
at the Courthouse 60 Centre Street, New York, New York, on the fourth
day of
June, 2018, at
9:30 a.m., or as soon thereafter as counsel can be heard,
why an order should not be issued


pursuant to this Court's inherent powers and pursuant to CPLR 3212
granting Defendant
Macquarie's Motion for
Summary Judgment and
granting such other and further relief as this
Court deems
necessary and proper; and it is further
ORDERED that service of this Order to Show Cause,
together with the copies of the
papers in support
thereof, shall be deemed good and sufficient service if made
by email and
electronic
filing with the Clerk of the Court
using the New York State Courts Electronic
Filing
System on or before April
20, 2018
; and it is further
ORDERED that Plaintiff Syncora shall file and serve its responsive papers,
if
any, by
electronically filing with the Clerk of the Court
using the New York State Courts Electronic
Filing System on or before May 15, 2018
; and it is further
ORDERED,
that Defendant Macquarie shall file and serve its
reply papers,
if
any, by
electronically filing with the Clerk of the Court
using the New York State Courts Electronic
Filing System on or before May 30, 2018; and it is further
ORDERED that oral argument is granted on the return date of this motion.