fraudulent under CPLR § 276. The Court evaluates each type of transfer in turn. Management Fees Regarding management fees, AFTC failed to establish — even under the preponderance standard — that the A & M companies’ payments to GFIM lacked fair consideration under CPLR §§ 273 or 273-a. As an initial matter, AFTC offered no evidence that the management fees were disproportional to the value of GFIM’s management services. Indeed, during an exchange with the Court, AFTC’s counsel expressly declined to contend that the management fees were disproportional. (Trial Tr. at 225:6-14). AFTC thus failed to prove that the management fee payments were not transferred for “fair equivalent” value. DCL § 272. Cf. In re White Metal Rolling & Stamping Corp., 222 B.R. 417, 430 (Bankr.S.D.N.Y.1998) (<HOLDING>). As AFTC emphasizes in its post-trial
holding that the plaintiffs breach of contract claim was properly a statutory claim under the personnel management act holding that management fees lacked fair consideration because the recipient never ren dered corresponding management services holding that the puc does not have the authority to regulate or control the management decisions of a utility absent a finding that the management decision would adversely affect the public holding that statements such as that the defendant had risk management processes that are highly disciplined and designed to preserve the integrity of its risk management process are too general to be actionable internal quotation omitted holding that attorney who simply provided legal services to corporation did not participate in operation or management of enterprise regardless of whether he performed those services well or poorly properly or improperly