On January 8, 2010, Mr. Shahram K. Rabbani, a current member of the Board of Directors (the “Board”) of Enzo Biochem, Inc. (the “Company”) and Company co-founder and, until his termination by the Company on November 25, 2009, the Secretary and Treasurer of the Company, filed with the Securities and Exchange Commission a preliminary proxy statement (the “Opposition Filing”), whereby he announced his intention to solicit votes from the Company’s shareholders to elect to the Board at the Company’s 2009 Annual Meeting of Shareholders scheduled to be held on January 29, 2010 (including any adjournments or postponements thereof, the “Annual Meeting”), two (and possibly three) insurgent director-candidates not nominated by the Board and in opposition to the Board’s three Class I director-nominees — Messrs. Irwin C. Gerson and Gregory M. Bortz and Dr. Stephen B. H. Kent.

          Mr. Shahram K. Rabbani further stated in the Opposition Filing that he intends to seek to have the Annual Meeting “postponed to a later date in order to allow adequate time for shareholders to evaluate” his insurgent director-candidates and to solicit proxies for the election of his insurgent director-candidates. The Opposition Filing further provides as follows: “In the event such meeting is so postponed, Mr. Rabbani intends to nominate a third [candidate] for election as a Class I Director. However, Mr. Rabbani reserves the right not to nominate a third person and to proceed with the nomination of the two [candidates named therein], without regard to whether the meeting is postponed.”

          On January 8, 2010, Mr. Shahram K. Rabbani commenced, as plaintiff, an action (the “Action”) in the Supreme Court of the State of New York, County of New York, seeking a temporary restraining order and a preliminary and permanent injunction to enjoin the Company and each member of the Board, other than plaintiff-Mr. Shahram K. Rabbani, from convening the Annual Meeting on January 29, 2010. The complaint in the Action alleges, among other things, that the Company and its directors, other than plaintiff-Mr. Shahram K. Rabbani, failed to comply with the amended and restated bylaws currently in effect (the “Bylaws”) by refusing to permit plaintiff-Mr. Shahram K. Rabbani’s putative director-candidates to be placed on the Company’s ballot for election to the Board at the Annual Meeting and that the Company and its directors, other than plaintiff-Mr. Shahram K. Rabbani, violated their fiduciary duties to plaintiff-Mr. Shahram K. Rabbani and other shareholders of the Company.

On January 11, 2010, the Company petitioned to remove the Action to the U.S. District Court for the Southern District of New York (“SDNY”). A hearing on the matter was held before Judge Cote in the SDNY on January 12, 2010, during which the court refused to issue a temporary restraining order enjoining the Annual Meeting date or the Company’s continued solicitation of shareholders pursuant to its definitive proxy statement dated December 23, 2009 which has been furnished to shareholders of record as of December 29, 2009 (the “Proxy Statement”), pending the determination of Mr. Shahram K. Rabbani’s preliminary injunction motion. Rather, the SDNY court issued an expedited briefing and discovery schedule and stated that such motion should be fully submitted to the court by January 21, 2010 to enable the court to decide the motion prior to the scheduled Annual Meeting date. On January 12, 2010, Mr. Shahram K. Rabbani