Atlas MF Mezzanine Borrower LLC a v Macquarie Texas Loan Holder LLC aDelaware limited liability company

Motion No: M-4948

Slip Opinion No: 2018 NYSlipOp 87324(U)

Decided on October 30, 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.

October 30, 2018

Atlas MF Mezzanine Borrower, LLC, a

Delaware limited liability company,

Plaintiff-Respondent,

v

Macquarie Texas Loan Holder LLC, aDelaware limited liability company, Defendant-Appellant,

KKR REPA AIV-2 L.P., a Delaware

limited partnership, and KRE LRP

Osprey Venture LLC, a Delaware

limited liability company,

Defendants-Appellants.

Appeals having been taken to this Court from the order of the Supreme Court, New York County, entered on or about April 18, 2018, and said appeals having been perfected, And defendants-appellants KKR REPA AIV-2 L.P., et al. having moved, by duplicate motions, for a calendar preference on hearing of the appeals, Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions are granted only to the extent of maintaining the appeals on this Court's calendar for November 14, 2018, and otherwise denied. ENTERED: October 30, 2018

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Rosalyn H. Richter Marcy L. Kahn Jeffrey K. Oing Peter H. Moulton,Justices

M-4948

M-4946

Index No. 651657/17