In the Matter of the Application of ACF Finco 1 LP

Motion No: M-3686

Slip Opinion No: 2019 NYSlipOp 79608(U)

Decided on September 17, 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 17, 2019

In the Matter of the Application of

ACF Finco 1 LP,

Petitioner-Respondent,

For an Order Pursuant to CPLR § 3119

and the Uniform Interstate Depositions

and Discovery Act CompellingArnold Jung and Andrew Intrater,

Respondents-Appellants,

To Comply with Subpoenas Issued in ACF

Finco 1 LP v Columbus Nova Investments

IV, Ltd. Pending in Georgia Superior

Court.

v

An appeal having been taken to this Court from the

judgment of the Supreme Court, New York County, entered on

or about July 15, 2019 which, inter alia, granted petitioner-respondent's motion to compel deposition of respondents-appellants and to produce certain documents, And respondents-appellants having moved for a stay of the aforesaid order pending hearing and determination of the appeal taken therefrom, 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 on condition the appeal is perfected for the January 2020 Term. ENTERED: September 17, 2019

_____________________ CLERK

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

M-3686

Index No. 850116/14