B 210 Madison Avenue
New York, NY 10016
F i Tel 212. 867. 4466
BBWG Belkin Burden Wenig & Goldman, LLP Fax 212.297.1859
Baa aT, O@OBRE TB AT Law 495 Post Road East
Westport, CT 06880
Tel 203.227. 1534
ex 203.227. 6044
Jeffrey L. Goldman, ee
Parmer
212. 867. 4466 Exe 312 March 7, 2016
jgoldman@bbwp.com,
VIA ELECTRONIC FILING
The Honorable Cynthia Kern
‘New York County Courthouse
60 Centre Street, Room 647
New York, New York 10007
Re: People of the State of New York v. The
Trump Entrepreneur Initiative LLC, etal.
Index No. 451463/2013
Dear Justice Kern:
1 write on behalf of the Trump Respondents in response to the letter of Petitioner's
counsel dated March 7, 2016. While I too agree a conference at a mutually convenient date and
time is necessary to discuss how to proceed, I object to Petitioner's counsel’s spin of the recent
First Department decision and attempt reargue the prior Court’s rulings.
Suffice it to say that the State’s appeal from this Court’s denial of summary judgment
was denied as the Appellate Division, First Department held that notwithstanding what it had
riled in addressing whether 63(12) was a standalone cause of action, what should have been
considered and the scope of the statute of limitations, “Nevertheless, Petitioner is not entitled to
summary determination of its fraud claims, under either the common law or the statute, because
‘material issues of fact exist as to those claims.” There is no basis for any further review of the
denial of summary judgment. As it relates to discovery, the State never appealed from the
Court’s discovery rulings and to the extent appealed by Trump Respondents, the Court found
that the “rulings were well within its broad discretionary power to control the special
proceeding,”
Therefore, a conference is required to address the outstanding discovery required from
the State,
Respectfully submitted,
Sete
ce: Jane M. Azia, Bureau Chief— via eCourts
Consumer Frauds & Protection
Charles T. Spada, Esq. — via Courts
IGOLDWAN/2658,4082/1797059