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)

DECLARATION OF NO OBJECTION Pursuant to section 1746 of title 28, the undersigned hereby certifies the following: 1. On March 9, 2011, Jerome and Deborah Russo (the Movants) filed a

motion for relief from stay as to Movants claims in Russo v. Norsel Realties, Index No. 150143/10 pending before the Supreme Court of the State of New York, New York County (Docket No. 44) (the Motion), which was heard before the Honorable Sean H. Lane on March 23, 2011. Prior to the hearing, the Movants and Lehr Construction Corp., the above referenced debtor in possession (the Debtor), negotiated a revised proposed order (the Revised Proposed Order). 2. The Debtor and the Movants filed a notice of presentment regarding the

Revised Proposed Order on March 30, 2011 (Docket No. 105) requesting that all objections to the Revised Proposed Order be filed and served so as to be received on or before April 6, 2011 at
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11:00 a.m. (prevailing Eastern Time). The Debtor received no objections with respect to the Revised Proposed Order. 3. Proposed Order. Dated: April 7, 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 It is hereby respectfully requested that the Court enter the Revised

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