Capital Stack LLC v Raharney Capital, LLC and Sean Murray

Motion No: M-8012

Slip Opinion No: 2019 NYSlipOp 85717(U)

Decided on December 10, 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.

December 10, 2019

Capital Stack, LLC,

Plaintiff-Respondent-Appellant,

v

Raharney Capital, LLC and Sean Murray,

Defendants-Appellants-Respondents.

M-8013

Raharney Capital, LLC and Sean Murray, Third-Party Plaintiffs- Appellants-Respondents, v

Capital Stack, LLC, a New York limited

liability company, or Capital Stack, LLC,

a Nevada limited liability company, Third-Party Defendant- Respondent-Appellant,

David Rubin, also known as David Rubinov

and Eprodigy Financial, LLC, Third-Party Defendants-Respondents.

---------------------------------------x An appeal and cross appeal having been taken to this Court from an order of the Supreme Court, New York County, entered on or about December 27, 2018,And defendants/third-party plaintiffs-appellants-respondents and plaintiff/third-party defendant-respondent-appellant having moved by separate motions for an extension of time to perfect their respective appeals upon a stipulated briefing schedule (M-8012 and M-8013),Now, upon reading and filing the papers with respect to the motions, and due deliberation having been had thereon, It is ordered that the motions are granted to the extent of extending the time to perfect the appeals to the April 2020 Term, with leave to submit a new stipulated briefing schedule in accordance with 22 NYCRR § 1250.9(f)(1)(i). ENTERED: DECEMBER 10, 2019

_____________________ CLERK

PRESENT: Hon. David Friedman, Justice Presiding, Barbara R. Kapnick Cynthia S. Kern Jeffrey K. Oing. Justices

M-8012

Index No. 652807/15