Respectfully submitted,
H D. DALEY
Counsel for Plaintiff-Appellant
Robbins Geller
Rudman & Dowd LLP
Atlanta Melville San Diego
Boca Raton New York San Francisco
Chicago Philadelphia Washington, DC
Joseph D. Daley
.1Daley4rgrdlaw.corn
May 26, 2015
VIA OVERNIGHT DELIVERY
Andrew W. Klein
Clerk of the Court
New York State Court of Appeals
20 Eagle Street
Albany, NY 12207-1095
Re: Commonwealth of PA Pub. Sch. Emp,s'.' Ret. v. Morgan Stanley,
N.Y. Court of Appeals No. CTQ-2014-00008
Dear Mr. Klein:
This matter is scheduled for oral argument on June 1, 2015. While preparing for that
argument, the undersigned discovered a factual error in Plaintiff-Appellant's Reply Brief that he
would like to bring to the Court's attention.
The Reply Brief states at page 8 that at the time of the Rated Notes' transfer between DAF
and Dresdner,
both Shlissel and Williams held high-level positions in those two entities —
respectively, DAF's President/Chief Executive Officer and Dresdner's Senior
Counsel — and as highly placed corporate representatives certainly were in positions
to aver as to the parties' understanding and belief at the time.
The assertion as to Mr. Shlissel's corporate position was incorrect. At the time of the Rated
Notes' transfer, he was the President and Chief Executive Officer of AGIMAT, the Massachusetts
business trust under which money market fund DAF operated. See A437:1(5; A43611112-3.
The undersigned apologizes to both the Court and Defendants-Respondents for any
inconvenience caused by the error.
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