Presentment Date: April 28, 2011 at 12:00 p.m.

Eastern Time Objections Due: April 28, 2011 at 11:00 a.m. Eastern Time

COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 James A. Beldner Lawrence C. Gottlieb Lesley A. Kroupa Attorneys for Debtor and Debtor in Possession UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------- x : In re : : LEHR CONSTRUCTION CORP., : : Debtor. : : : ---------------------------------------------------------------- x

Chapter 11 Case No. 11-10723 (SHL) Re: Docket No. 83

NOTICE OF PRESENTMENT OF REVISED PROPOSED ORDER PLEASE TAKE NOTICE that on March 21, 2011, Shawn R. Umpierre (the Movant) filed a motion for relief from stay (Docket No. 83) as to Movants claims in Shawn R. Umpierre v. Lehr Construction Corp., et al., Index No. 110326-2010 pending before the Supreme Court of the State of New York, New York County (the Motion).1 The Movant and Lehr Construction Corp., the above referenced debtor-in-possession (the Debtor), have negotiated a revised proposed order, which is attached hereto as Exhibit A (the Revised Proposed Order). PLEASE TAKE FURTHER NOTICE that the Movant and the Debtor will present the A copy of the Motion corresponding to the Revised Proposed Order may be obtained on the Debtors web-site: http://www.omnimgt.com/sblite/lehr
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attached Revised Proposed Order for signature to the Honorable Sean H. Lane, United States Bankruptcy Judge of the United States Bankruptcy Court for the Southern District of New York (the Bankruptcy Court), One Bowling Green, New York, New York 10004, on April 28, 2011 at 12:00 p.m. (Prevailing Eastern Time). PLEASE TAKE FURTHER NOTICE that any responses or objections to the Revised Proposed Order must be in writing, shall conform to the Federal Rules of Bankruptcy Procedure and the Local Bankruptcy Rules for the Southern District of New York, and shall be filed with the Bankruptcy Court (a) electronically in accordance with General Order M-399 (which can be found at www.nysb.uscourts.gov) by registered users of the Bankruptcy Courts filing system and (b) by all other parties in interest, on a 3.5 inch disk, compact disc, or USB flash drive, preferably in Portable Document Format (PDF), WordPerfect, or any other Windows-based word processing format (with two hard copies delivered directly to Chambers of the Honorable Sean H. Lane) and served upon: (i) the Debtor, Lehr Construction Corp., 902 Broadway, New York, NY 10010 (Attn: Frederick Coffey); (ii) attorneys to the Debtor, Cooley LLP, 1114 Avenue of the Americas, New York, NY 10036 (Attn: James A. Beldner, Esq.); (iii) attorneys to the official committee of unsecured creditors, Klestadt & Winters, LLP, 570 Seventh Avenue, 17th Floor, New York, NY 10018 (Attn: Sean C. Southard, Esq.); (iv) attorney to the Movant, The Arc Law Office, PLLC, 3144 East Tremont Ave., Bronx, NY 10461 (Attn: Michael Arc, Esq.); and (v) the Office of the United States Trustee for the Southern District of New York, 33 Whitehall Street, 21st Floor, New York, NY 10004 (Attn: Susan Golden, Esq.), in each case so as to be received no later than 11:00 a.m. on April 28, 2011 (Prevailing Eastern Time) (the Objection Deadline). Unless objections are received by that time, the order may be signed. PLEASE TAKE FURTHER NOTICE that only if a written objection is timely filed

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and served, a hearing regarding the Revised Proposed Order will be scheduled for such objections to be heard and for the Debtor to request that the Revised Proposed Order be entered pursuant to Rule 9019 of the Federal Rules of Bankruptcy Procedure. Dated: April 21, 2011 New York, New York By: /s/ James A. Beldner James A. Beldner COOLEY LLP 1114 Avenue of the Americas New York, New York 10036 Telephone: (212) 479-6000 Facsimile: (212) 479-6275 James A. Beldner Lawrence C. Gottlieb Lesley A. Kroupa Attorneys for Debtor and Debtor in Possession

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Exhibit A Revised Proposed Order [See Attached]

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UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------- X In re: LEHR CONSTRUCTION, CORP., Debtor. Chapter 11 Index No. 11-10723-shl

-------------------------------------- X ORDER MODIFYING THE AUTOMATIC STAY Upon the Motion to Modify the Automatic Stay (the Motion) filed on March 21, 2011 (Docket No. 83) by Shawn R. Umpierre (the Movant); and there being good and sufficient service of the Motion and notice of hearing; and there being no objection to the Motion; and upon all the proceedings had herein; and after due deliberation; it is ORDERED that the Motion is granted as provided herein; and it is further ORDERED that the automatic stay is hereby modified to permit the Movant to continue to prosecute a certain civil action known as Shawn R. Umpierre v. Lehr Construction Corp., CBS Broadcasting, Inc., and Hartz Mountain Industries, Inc., MTV Networks, Viacom International, Inc. and Meadowland Parkway Associates d/b/a MP West Limited Partnership., Index No. 110326-2010, the Supreme Court of the State of New York, County of New York (the Action), pursuant to the terms of this Order; and it is further ORDERED that, without affecting any of the Debtors asserted defenses or counterclaims in the Action, including, without limitation, that neither the Debtor, its estate, its former or current employees, agents or officers, or any of its products have any liability on account of the allegations set forth therein, the Movant may proceed with the Action against the

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Debtor and recover against the Debtor only to the extent of available insurance coverage under the Debtors applicable insurance policies; and it is further ORDERED that the Movant and the Debtor shall waive and release any other claim they have or may have as against the other with respect to any sums allegedly owed, or subject to any right of setoff, arising as a result of the Action; and it is further ORDERED that in no event shall the Debtor nor its estate be obligated to pay any deductible amount, whether as an administrative, prepetition unsecured claim, or otherwise, in this chapter 11 case; and it is further ORDERED that this Order shall be binding on the Movant, its successors and assigns, the Debtor, all creditors of the Debtor, the statutory committee of unsecured creditors, all other parties in interest and upon any trustee appointed in this or any converted case. In the event that the Debtors chapter 11 case is converted to a case under chapter 7 and a trustee is appointed, this Order shall remain in full force and effect; and it is further ORDERED that this Court shall retain jurisdiction to settle any disputes concerning this Order and to interpret and enforce the provisions of this Order

Dated: New York, New York _________ ____, 2011

HONORABLE JUDGE SEAN H. LANE UNITED STATES BANKRUPTCY JUDGE

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