| IN THE MATTER OF THE APPLICATION OF PHILIPPE R. SCHWIMMER, INDIVIDUALLY AND AS HOLDER OF FIFTY PERCENT OF THE |
| Motion No: CA 11-00029 |
| Slip Opinion No: 2011 NY Slip Op 63775(U) |
| Decided on February 3, 2011 |
| Appellate Division, Fourth 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. |
DOCKET NO. CA 11-00029
| IN THE MATTER OF THE APPLICATION OF PHILIPPE R. SCHWIMMER,
INDIVIDUALLY AND AS HOLDER OF FIFTY PERCENT OF THE OUTSTANDING VOTING SHARES OF EL-ROH REALTY CORP., PETITIONER-APPELLANT,
FOR THE DISSOLUTION OF EL-ROH REALTY CORP., A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF NEW YORK, PURSUANT TO ARTICLE 11
OF THE BUSINESS CORPORATION LAW. JOAN ROTH AND LOIS ROTH, RESPONDENTS-RESPONDENTS. IN THE MATTER OF THE APPLICATION OF
PHILIPPE R. SCHWIMMER, INDIVIDUALLY AND AS HOLDER OF FIFTY PERCENT OF THE OUTSTANDING VOTING SHARES OF EL-ROH REALTY CORP.,
PETITIONER-APPELLANT, FOR THE DISSOLUTION OF EL-ROH REALTY CORP., A CORPORATION ORGANIZED UNDER THE LAWS OF THE STATE OF NEW YORK,
PURSUANT TO ARTICLE 11 OF THE BUSINESS CORPORATION LAW.
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mdash;———— JOAN ROTH AND LOIS ROTH, RESPONDENTS-RESPONDENTS. |
Respondents having moved to dismiss the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Onondaga on June 17, 2010, on the ground that appellant has failed to perfect timely the appeal,
Now, upon reading and filing the affidavit of William G. Bauer, Esq. sworn to January 4, 2011, the notice of motion with proof of service thereof, and the statement of Carter H. Strickland, Esq. dated January 14, 2011,
It is hereby ORDERED that the motion is granted, and the appeal is dismissed without costs.
Entered: February 3, 2011
Patricia L. Morgan, Clerk