Excelsior Capital, LLC v Superior Broadcasting Company
Motion No: 2011-10563
Slip Opinion No: 2013 NY Slip Op 63676(U)
Decided on February 5, 2013
Appellate Division, Second 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.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M150848

E/sl

MARK C. DILLON, J.P.

RUTH C. BALKIN

JOHN M. LEVENTHAL

L. PRISCILLA HALL, JJ.

2011-10563

Excelsior Capital, LLC, etc., respondent,

et al., plaintiff, v Superior Broadcasting

Company, Inc., defendant, Estate of C.

Robert Allen III, etc., appellant.

(Index No. 8289/07)

DECISION & ORDER ON MOTION

Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this Court dated December 5, 2012, which determined an appeal from a judgment of the Supreme Court, Nassau County, dated September 21, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court