David H. Storper David Wax and v WL Ross & Co. LLC WL Ross Group

Motion No: M-3544

Slip Opinion No: 2019 NYSlipOp 80146(U)

Decided on September 24, 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 24, 2019

David H. Storper, David Wax and

Pamela K. Wilson, derivatively on

behalf of WLR Recovery Associates, II,

LLC, WLR Recovery Associates, III, LLC,

and WLP Recovery Associates IV, LC,

Plaintiffs-Appellants,

v

WL Ross & Co., LLC, WL Ross Group,

L.P., and Wilbur L. Ross,

Defendants-Respondents.

An appeal having been taken from an order of the Supreme Court, New York County, entered on or about September 11, 2018, And plaintiffs-appellants having moved to vacate the dismissal of the aforesaid appeal for failure to timely perfect and for an enlargement of time to perfect 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. ENTERED: September 24, 2019

_____________________ CLERK

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

M-3544

Index No. 656932/17