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Presentment Date: February 4, 2009
Objection Deadline: February 3, 2009

David Sheehan (DS 4818)
Douglas E. Spelfogel (DS 7097)
Richard J. Bernard (RB 6371)

BAKER & HOSTETLER, LLP

45 Rockefeller Plaza
New York, New York 10111
Telephone: (212) 589-4200

Facsimile: (212) 589-4201

Attorneys for Irving H. Picard, Esq.
Trustee for the SIPA Liquidation of
Bernard L. Madoff Investment Securities LLC

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
SECURITIES INVESTOR PROTECTION

CORPORATION,
Plaintiff-Applicant,
v.

BERNARD L. MADOFF INVESTMENT
SECURITIES LLC,
Defendant.
Adversary Proceeding
No. 08-01789-BRL
NOTICE OF PRESENTMENT OF STIPULATION AND ORDER FOR TRANSFER OF
FUNDS BY BANK OF NEW YORK MELLON TO TRUSTEE
PLEASE TAKE NOTICE that upon the proposed stipulation and order (the \u201cOrder\u201d)

between Bank of New York Mellon and Irving H. Picard, Esq. as trustee (the \u201cTrustee\u201d) for the liquidation of the business of Bernard L. Madoff Investment Securities LLC (the \u201cDebtor\u201d), the undersigned will present the Order submitted herewith to the Honorable Burton R. Lifland, United States Bankruptcy Judge, for signature and entry on February 4, 2008 at 10:00 a.m., or such later time as established by the Court upon further notice.

PLEASE TAKE FURTHER NOTICE, that any objections to the Order should be

(a) filed in accordance with the electronic filing procedures for the United States Bankruptcy Court for the Southern District of New York, with a proof of service, and a courtesy copy delivered to the chambers of the Honorable Burton R. Lifland and (b) served upon on Baker & Hostetler, LLP, Counsel for the Trustee, 45 Rockefeller Plaza, New York, New York 10111, Attn: David Sheehan and Richard Bernard, by no later than 9:00 a.m. on February 3, 2009.

Dated: New York, New York
January 29, 2009
BAKER & HOSTETLER, LLP

David Sheehan (DS 4818)
Douglas E. Spelfogel (DS 7097)
Richard J. Bernard (RB 6371)
45 Rockefeller Plaza
New York, New York 10111
Telephone: (212) 589-4200
Facsimile: (212) 589-4201

Attorneys for the Trustee
By:/s/ David J. Sheehan
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
SECURITIES INVESTOR PROTECTION

CORPORATION,
Plaintiff-Applicant,
v.

BERNARD L. MADOFF INVESTMENT
SECURITIES LLC,
Defendant.
Adv. Pro. No. 08-01789-BRL
SIPA Liquidation
STIPULATION AND ORDER FOR TRANSFER OF FUNDS
BY THE BANK OF NEW YORK MELLON CORPORATION TO TRUSTEE

WHEREAS, on December 11, 2008, the Securities and Exchange Commission (\u201cSEC\u201d) filed a Complaint in the United States District Court for the Southern District of New York against defendants Bernard L. Madoff and Bernard L. Madoff Investment Securities LLC (\u201cDebtor\u201d) (No. 08 CV 10791); and

WHEREAS, on December 12, 2008, the Honorable Louis L. Stanton of the United States District Court for the Southern District of New York entered an order which appointed Lee S. Richards, Esq., as receiver for the Debtor (the \u201cReceiver\u201d); and

WHEREAS, on December 15, 2008, Judge Stanton entered an order pursuant to the Securities Investor Protection Act of 1970, 15 U.S.C. \u00a7 78aaa et seq., as amended (\u201cSIPA\u201d),1 which, in pertinent part:

(a)
Appointed Irving H. Picard, Esq. as trustee (\u201cTrustee\u201d) for the liquidation of
the business of the Debtor, pursuant to section 78eee(b)(3) of SIPA;
1 For convenience, future reference to SIPA will not include \u201c15 U.S.C.\u201d
of 00

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