In the Matter of Capital Enterprises Co.

Motion No: M-1810

Slip Opinion No: 2019 NYSlipOp 69177(U)

Decided on April 30, 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 30, 2019

In the Matter of

Capital Enterprises Co.,SEALED

Petitioner-Appellant, v

Alvin Dworman,

Respondent-Respondent,

Sachs Investing Company and Sachs

Properties Company,

Non-Party Appellants.

An appeal having been taken by petitioner-appellant from an order of the Supreme Court, New York County, entered on or about January 16, 2019, which granted respondent's motion to confirm a final arbitration award issued in a JAMS arbitration and denied petitioner's cross motion to vacate the award; and the appeal having been perfected (Cal No. 2019-399), And an appeal having been taken by non-party-appellants from an order of the same court, entered on or about January 8, 2019, which denied their motion to vacate the arbitration award; and the appeal having been perfected (Cal No. 2019-310), andAnd petitioner-appellant having moved for a calendar preference for the June 2019 Term (see 22 NYCRR § 1250.15[a][2] and CPLR 5521[a]), Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that petitioner-appellant's motion for a calendar preference is granted to the extent that the Clerk of the Court is directed to maintain the appeal taken from the order entered on or about January 16, 2019 (Cal No. 2019-399) on this Court's calendar for the June 2019 Term, and It is further ordered, on the Court's own motion, that the Clerk of the Court is directed to maintain the related appeal taken by the non-parties appellants, from an order of the same court, entered on or about January 8, 2019 (Cal No. 2019-310) on this Court's calendar for the same day of the June 2019 Term.ENTERED: April 30, 2019

_____________________ CLERK

Present - Hon. John W. Sweeny, Jr., Justice Presiding,Judith J. Gische Troy K. Webber Marcy L. Kahn Peter H. Moulton, Justices

M-1810

Index No. 653961/16