Emmet Austin Individually and v

Motion No: M-1972

Slip Opinion No: 2018 NYSlipOp 74751(U)

Decided on June 12, 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.

June 12, 2018

Emmet Austin, Individually and

derivatively on behalf of: Stonemar MM

Jackson, LLC, Stonemar Managing Member,

LLC, Stonemar MM West Des Moines, LLC,

Stonemar MM Jonesboro, LLC, Stonemar MM

Cookeville, LLC and Stonemar MM Milford, LLC, Plaintiffs-Appellants,

v

Jonathan Gould, et al.,

Defendants-Respondents.

Plaintiffs-appellants having moved for an order consolidating the appeals taken from orders of the Supreme Court, New York County, entered on or about July 13, 2017 and on or about December 5, 2017, and enlarging the time to perfect the 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 consolidating plaintiffs-appellants appeals, and enlarging the time to perfect the consolidated appeals to the October 2018 Term. Appellants are permitted to prosecute the appeals upon ten copies of one record and one copy of appellants' points covering the aforesaid appeals. ENTERED: June 12, 2018

_____________________ CLERK

PRESENT: Hon. Rosalyn H. Richter, Justice Presiding, Sallie Manzanet-Daniels Troy K. Webber Jeffrey K. Oing Peter H. Moulton, Justices

M-1972

Index No. 655506/16