CWCapital Investments LLC et al. v CWCapital Cobalt VR Ltd. et al.

Motion No: M-8247

Slip Opinion No: 2019 NYSlipOp 85722(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

CWCapital Investments LLC, et al.,

Plaintiffs-Respondents,

v

CWCapital Cobalt VR Ltd., et al., Defendants-Appellants,

-and-

Merrill Lynch, Pierce, Fenner &

Smith Incorporated,

Defendant.

By separate notices, an appeal having been taken to this Court from the order of the Supreme Court, New York County, entered on or about September 25, 2019, and said appeal having been perfected, And certain defendants-appellants having moved for a discretionary preference maintaining the appeal on the Court's calendar for the January 2020 Term, 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 that the Clerk is directed to maintain the appeal on this Court's calendar for the January 2020 Term, and to schedule oral argument for the last week of said January 2020 Term. ENTERED: DECEMBER 10, 2019

_____________________ CLERK

Present - Hon. Dianne T. Renwick, Justice Presiding, Sallie Manzanet-Daniels Jeffrey K. Oing Anil C. Singh Lizbeth Gonzalez, Justices

M-8247

Index No. 652092/18