Business Watchdog and John Andries Bal Jr. v ITEX Corporation Steven White personally and in the capacities of CEO CFO and

Motion No: M-1455

Slip Opinion No: 2018 NYSlipOp 73100(U)

Decided on May 22, 2018

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.

May 22, 2018

Business Watchdog and John Andries Bal, Jr.,

personally and in the capacity of Private

Attorney General,

Plaintiffs-Appellants,

v

ITEX Corporation, Steven White, personally,

and in the capacities of CEO, CFO, and

Chairman of the Board of Directors, Eric Best,

personally and in the capacity of Director,

John Wade, personally and in the capacity

of Director, Timothy Morones, personally

and in the capacity of Director, Kevin

Callan, personally and in the capacity of

Director, NYTO Trade Incorporated also

known as NYTO Trade Incorporation, John

Castoro, personally and in the capacity of

President, and John Does 1 to 5, personally

and in their capacity as Directors of NYTO,

Defendants-Respondents.

Plaintiffs-appellants having moved for an enlargement of time to perfect the appeal taken from an order of the Supreme Court, New York County, entered on or about May 24, 2017, 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 enlarging the time to perfect the appeal to the October 2018 Term.ENTERED: May 22, 2018

_____________________ CLERK

Present: Hon. John W. Sweeny, Jr., Justice Presiding, Rosalyn H. Richter Troy K. Webber Ellen Gesmer Peter H. Moulton, Justices

M-1455

Index No. 400879/13