In the Matter of Capital Enterprises Co.

Motion No: M-6809

Slip Opinion No: 2019 NYSlipOp 79153(U)

Decided on September 3, 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.

September 3, 2019

In the Matter of

Capital Enterprises Co.,

Petitioner-Appellant,SEALED

v

Alvin Dworman,

Respondent-Respondent,

Sachs Investing Company, et al.,

Non-Party Appellants.

Appeals having been taken to this Court by petitioner-appellant from the orders of the Supreme Court, New York County, entered on or about May 14, 2019 (Cal. No. 2019-4302) and May 17, 2019 (Cal. No. 2019-4401), and said appeals having been perfected for the September 2019 Term, And a further appeal having been taken to this Court by petitioner-appellant from the order of the Supreme Court, New York County, entered on or about July 19, 2019 (Cal. No. 2019-5508), and said appeal having been perfected for the October 2019 Term, And petitioner-appellant having moved to consolidate the appeals from the orders entered on or about May 14, 2019 (Cal. No. 2019-4302) and May 17, 2019 (Cal. No. 2019-4401), with the appeal from the order entered July 19, 2019 (Cal. No. 2019-5508), adjourning the appeals from the orders entered on or about May 14, 2019 and May 17, 2019 to the October 2019 Term, and for related relief, 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 directing the Clerk to calendar the appeals from the orders entered May 14, 2019 (Cal. No. 2019-4302) and May 17, 2019 (Cal. No. 2019-4401), with the appeal from the order entered July 19, 2019 (Cal. No. 2019-5508), to be heard together for the October 2019 Term, to which Term the appeals from the orders entered May 14, 2019 (Cal. No. 2019-4302) and May 17, 2019 (Cal. No. 2019-4401) are adjourned. The stay granted by the order of this Court entered on May 31, 2019 (M-2508), is continued pending hearing and determination of the consolidated appeals. ENTERED: September 3, 2019

_____________________ CLERK

The following order was entered and filed on September 3, 2019:

Present - Hon. Angela M. Mazzarelli,Justice Presiding, Barbara R. Kapnick Troy K. Webber Ellen Gesmer Cynthia S. Kern,Justices

M-6809

Index No. 653961/16