In the Matter of the Application of Cave Creek Investments

Motion No: M-2377

Slip Opinion No: 2019 NYSlipOp 72322(U)

Decided on June 11, 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.

June 11, 2019

In the Matter of the Application of

Cave Creek Investments, Inc. and

James Leroy Davis,

Petitioners-Respondents, To Enforce Subpoenas Duces Tecum for

the Production of Documents by

Urban FT Group, Inc., Urban FT

(North America), LLC, Urban FT, Inc.

and UFT Equities, Inc.,

Respondents-Appellants.

v

An appeal having been taken to this Court from the order

of the Supreme Court, New York County, entered on or about February 20, 2019, which granted petitioners' application to enforce four subpoenas duces tecum, And respondents-appellants having moved for a stay of enforcement of the aforementioned order, and of an order of the same court, entered on or about April 16, 2019, which directed respondents-appellants to comply with the February 20, 2019 order, pending hearing and determination of the aforesaid 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 granted to the extent of staying enforcement of the subpoenas duces tecum pending hearing and determination of the appeal on condition that the appeal is perfected for the October 2019 Term. ENTERED: June 11, 2019

_____________________ CLERK

Present - Hon. David Friedman,Justice Presiding, Rosalyn H. Richter Peter Tom Ellen Gesmer Peter H. Moulton,Justices

M-2377

Index No. 161999/18