Help Me See Inc. v WonderWork Inc. formerly known as

Motion No: M-4458

Slip Opinion No: 2017 NYSlipOp 86298(U)

Decided on September 19, 2017

Appellate Division, First Department, Motion Decision

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This motion is uncorrected and is not subject to publication in the Official Reports.

September 19, 2017

Help Me See, Inc.,

Petitioner-Respondent,

For an Order Pursuant to Article 75

of the CPLR Confirming an ArbitrationAward,

v

WonderWork, Inc., formerly known as

Surgery for the Poor, Inc.,

Respondent-Appellant.

An appeal having been taken to this Court from the order

and judgment (one paper) of the Supreme Court, New York County, entered on or about December 2, 2016, and said appeal having been perfected, And non-party donors Clark Kokich, Joseph E. Mullaney, the Walter Haefner Foundation and the Bedford Falls Foundation Charitable Trust having renewed their motion for leave to intervene in connection with the aforesaid appeal,Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon, It is ordered that the motion is granted to the extent of adjourning the perfected appeal to the December 2017 Term, granting the non-party donors leave to file a brief as intervenors, with an appendix to consist of this order and the documents set forth in their current moving papers as Vol. 1, Ex. 2 [B, C, D and E]), on or before October 2, 2017, and granting

petitioner-respondent leave to file a brief which solely addresses the arguments advanced in the brief filed by the intervenors, on or before November 1, 2017. The intervenors will not be permitted to file a reply brief. ENTERED: September 19, 2017

_____________________ CLERK

PRESENT: Hon. Peter Tom, Justice Presiding, Dianne T. Renwick Sallie Manzanet-Daniels Barbara R. Kapnick, Justices

M-4458

Index No. 655667/16