Mutual Benefits Offshore Fund Ltd. v Mark Zeltser Emanuel Zelster andInterel Corporation et al.

Motion No: M-4562

Slip Opinion No: 2018 NYSlipOp 84350(U)

Decided on September 21, 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.

September 21, 2018

Mutual Benefits Offshore Fund, Ltd.,

Plaintiff-Respondent,

v

Mark Zeltser, Emanuel Zelster andInterel Corporation, et al., Defendants-Appellants,

Joseph Kay,

Defendant,

Kayley Investments, Ltd.,

Non-Party Appellant.

Appeals having been taken from orders of the Supreme Court, New York County, entered on or about January 18, 2018 and

March 28, 2018, And defendants-appellants having moved to adjourn the aforesaid appeals and for an enlargement of time to perfect same to the December 2018 Term (M-4439), And plaintiff-respondent having cross-moved to dismiss the appeals, or in the alternative, to lift the stay on the aforesaid orders (M-4562), Now, upon reading and filing the papers with respect to the motion and cross motion, and due deliberation having been had thereon, It is ordered that the motion to adjourn the appeals and for an enlargement of time to perfect same for the December 2018 Term is granted as per the interim relief granted by an order of a

Justice of this Court on September 14, 2018 (M-4439). The cross motion to dismiss the appeals is granted unless the appeals are perfected for said December 2018 Term (M-4562). ENTERED: September 21, 2018

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Judith J. Gische Barbara R. Kapnick Marcy L. Kahn Jeffrey K. Oing,Justices

M-4562

M-4439

Index No. 650438/09