In the Matter of Capital Enterprises Co.

Motion No: M-1915

Slip Opinion No: 2019 NYSlipOp 69872(U)

Decided on May 9, 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.

May 9, 2019

In the Matter of Capital

Enterprises Co.,

Petitioner,

v Alvin Dworman,

Respondent-Respondent,

Sachs Investing Company and Sachs

Properties Company,

Non-Party Appellants.

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about January 8, 2019, and said appeal having been perfected, And non-party appellants having moved for a calendar preference in hearing of the appeal, 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 denied as academic (see the order of this Court entered on April 30, 2019 [M-1810]). ENTERED: May 9, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Dianne T. Renwick Barbara R. Kapnick Marcy L. Kahn Jeffrey K. Oing,Justices

M-1915

Index No. 653961/16