R2 Investments LDC v Carl C. Icahn et al.

Motion No: M-3538

Slip Opinion No: 2017 NYSlipOp 87005(U)

Decided on September 26, 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 26, 2017

R2 Investments LDC,

Plaintiff-Appellant, Action No. 1

v

Carl C. Icahn, et al.,

Defendants-Respondents.

Youlu Zheng and Donald J. Hillenmeyer

on behalf of themselves and all others

similarly situated, Plaintiffs-Appellants, Action No. 2 Index No. 650499/10 v

Carl C. Icahn, et al., Defendants-Respondents.

---------------------------------------X Separate appeals having been taken to this Court by the above-captioned appellants from an order of the Supreme Court, New York County, entered on or about October 31, 2016, And plaintiff-appellant, R2 Investments LDC, having moved for consolidation of the aforesaid appeals, and to enlarge the time to perfect said consolidated appeals,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 permitting the respective appellants to prosecute the consolidated appeals upon 9 copies of one record and one set

of points covering the consolidated appeals. The attention

of the parties is directed to 22 NYCRR § 600.11. The time

to perfect the consolidated appeals is enlarged to the February 2018 Term. ENTERED: September 26, 2017

_____________________ CLERK

Present - Hon. Barbara R. Kapnick, Justice Presiding, Marcy L. Kahn Ellen Gesmer Cynthia S. Kern Peter H. Moulton, Justices

M-3538

Index No. 601296/09