PRESENT: WHALEN, P.J., SMITH, CURRAN, WINSLOW, AND DEJOSEPH, JJ.

CA 20-01393 AND CA 20-01394

JEANNIE-MARIE MCGUIRE, INDIVIDUALLY AND SUING IN THE RIGHT OF MCGUIRE DEVELOPMENT COMPANY, LLC, MCG REAL ESTATE HOLDINGS, LLC, MCGUIRE ACQUISITIONS LLC, MCGUIRE CAPITAL, LLC, AND SHAMROCK SEVEN ACP, LLC, KATHLEEN MCGUIRE, INDIVIDUALLY AND SUING IN THE RIGHT OF MCGUIRE DEVELOPMENT COMPANY, LLC, DELAWARE AVENUE INVESTORS, LLC, GENESEE STREET INVESTORS, LLC, MCG REAL ESTATE HOLDINGS, LLC, MCGUIRE ACQUISITIONS LLC, MCGUIRE CAPITAL, LLC, MCGUIRE P V HOLDING L.P., SHAMROCK SEVEN ACP, LLC, MICHAEL MCGUIRE, MCGUIRE DEVELOPMENT COMPANY, LLC, INDIVIDUALLY AND SUING IN THE RIGHT OF MCGUIRE DEVELOPMENT COMPANY, LLC, DELAWARE AVENUE INVESTORS, LLC, GENESEE STREET INVESTORS, LLC, MCG REAL ESTATE HOLDINGS, LLC, MCGUIRE ACQUISITIONS LLC, MCGUIRE CAPITAL, LLC, MCGUIRE P V HOLDING L.P., SHAMROCK SEVEN ACP, LLC, PLAINTIFFS-APPELLANTS, V F. JAMES MCGUIRE, INDIVIDUALLY AND AS GENERAL MANAGER OF MCGUIRE DEVELOPMENT COMPANY, LLC, DELAWARE AVENUE INVESTORS, LLC, GENESEE STREET INVESTORS, LLC, MCG REAL ESTATE HOLDINGS, LLC, MCGUIRE ACQUISITIONS LLC, MCGUIRE CAPITAL, LLC, MCGUIRE P V HOLDING L.P., SHAMROCK SEVEN ACP, LLC, AND MCGUIRE DEVELOPMENT COMPANY, LLC, DELAWARE AVENUE INVESTORS, LLC, GENESEE STREET INVESTORS, LLC, MCG REAL ESTATE HOLDINGS, LLC, MCGUIRE ACQUISITIONS LLC, MCGUIRE CAPITAL, LLC, MCGUIRE P V HOLDING L.P., SHAMROCK SEVEN ACP, LLC, DEFENDANTS-RESPONDENTS. Index No: 804480/2020

Appellants having moved, by order to show cause, signed by Justice Tracey A. Bannister, dated June 2, 2021, for an order compelling respondents F. James McGuire and MCG Real Estate Holdings, LLC, to do all things necessary to restore the membership interests in MCG Real Estate Holdings, LLC, to the status as of December 9, 2020, when the Court issued a preliminary injunction order, pending the hearing and determination of the appeals taken herein from orders of the Supreme Court, Erie County, entered September 24, 2020, and October 21, 2020, and having moved for attorneys' fees and costs,

Now, upon reading and filing the papers with respect to the motion, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is granted to the extent that respondents are ordered to maintain, during the pendency of the appeals, the membership interests in MCG Real Estate Holdings, LLC, at the levels that they were on December 9, 2020, and respondents are ordered to restore membership interests to those levels if they have changed since December 9, 2020, and

It is further ORDERED that the motion is granted to the extent that appellants' time to answer the capital call of MCG Real Estate Holdings, LLC, is enlarged, extended, and tolled pending the determination of the appeals, and

It is further ORDERED that, inasmuch as the relief sought and granted on this motion is covered by this Court's prior preliminary injunction order, the requirement for an undertaking is satisfied by the undertaking that appellants previously posted in connection with that order, and

It is further ORDERED that the motion is denied insofar as it seeks attorneys' fees and costs.

Entered: July 1, 2021

Mark W. Bennett

Clerk of the Court