Maxim Inc. and Sardar Biglari Action No. 1 v Wayne Gross and Jason Feifer

Motion No: M-6365

Slip Opinion No: 2019 NYSlipOp 68762(U)

Decided on April 25, 2019

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.

April 25, 2019

Maxim Inc. and Sardar Biglari, Plaintiffs-Respondents, Action No. 1

v

Wayne Gross and Jason Feifer,

Defendants-Appellants.

Maxim Inc., Plaintiff-Respondent, Action No. 2 v Index No. 162933/15

Jason Feifer and Charna Sherman, Defendants-Appellants.

-------------------------------------x Defendant-appellant Jason Feifer, having separately moved for an enlargement of time to perfect the appeals taken from an order of the Supreme Court, New York County, entered on or about March 6, 2018, which decided four motions in Action #1 and two motions in Action #2, Now, upon reading and filing the papers with respect to the motions and due deliberation having been had thereon, it is Ordered that the motion with respect to Action #1 (M-6364), deemed one seeking to vacate the dismissal of the appeal, is granted, the appeal is reinstated and the time to perfect same is enlarged to the September 2019 Term, and it is further Ordered that the motion with respect to Action #2 (M-6365) is denied as academic, the action having been dismissed by order of this Court entered May 17, 2018 (Appeal Nos. 6208-6213N). ENTERED: April 25, 2019

_____________________ CLERK

PRESENT: Hon. Rolando T. Acosta, Justice Presiding, John W. Sweeny, Jr. Sallie Manzanet-Daniels Judith J. Gische Barbara R. Kapnick, Justices

M-6365

M-6364

Index No. 654137/15