ORDER granting (12) Motion to Appoint Counsel ; granting (12) Motion to Appoint New York Law School and Scott Berrie as Lead Plaintiff(s) in case 1:08-cv-10930-DAB; granting (14) Motion to Appoint Counsel ; granting (14) Motion to Appoint New York Law School and Scott Berrie as Lead Plaintiff(s) in case 1:08-cv-10922-DAB. The following actions are HEREBY consolidated for all purposes: New York Law School v. Ascot Partners, L.P. et al. (08 Civ. 10922) (DAB) Scott Berrie v. Gabriel Capital et al., (08 Civ. 10930) (DAB) The caption of these consolidated actions shall be "In re J. EZRA MERKIN AND BDO SEIDMAN SECURITIES LITIGATION" and the files of these consolidated actions shall be maintained under Docket Number 08 Civ. 10922. In addition, the Court is in receipt of Motions for Appointment of Lead Plaintiff by both New York Law School and Scott Berrie. Consequently, both Plaintiffs are HEREBY APPOINTED Co-Lead Plaintiffs in the above-named consolidated action. Furthermore, the Court is in receipt of two Motions for Appointment of Lead Counsel by Abbey Spanier Rodd & Abrams, LLP, currently counsel of record for both Co-Lead Plaintiffs. The Court HEREBY APPOINTS Abbey Spanier Rodd & Abrams, LLP as Lead Counsel in the above-named consolidated action. SO ORDERED. (Signed by Judge Deborah A. Batts on 4/6/2009) Filed In Associated Cases: 1:08-cv-10922-DAB, 1:08-cv-10930-DAB(tve)

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