| IN THE MATTER OF A PROCEEDING UNDER ARTICLE 11 OF THE BUSINESS CORPORATION LAW MARYANNE CHENEY, INDIVIDUALLY, AND AS |
| Motion No: CA 16-00670 |
| Slip Opinion No: 2016 NY Slip Op 74574(U) |
| Decided on May 23, 2016 |
| 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. |
PRESENT: WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.
DOCKET NO. CA 16-00670
| IN THE MATTER OF A PROCEEDING UNDER ARTICLE 11 OF THE BUSINESS
CORPORATION LAW MARYANNE CHENEY, INDIVIDUALLY, AND AS OFFICER, DIRECTOR, AND SHAREHOLDER OF CHENEY-DEWEY FUNERAL HOMES,
INC., PETITIONER-APPELLANT, V PETER K. CHENEY, INDIVIDUALLY, AND AS OFFICER, DIRECTOR, AND SHAREHOLDER OF CHENEY-DEWEY
FUNERAL HOMES, INC., AND NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE,
RESPONDENTS-RESPONDENTS. |
Appellant having moved for a discretionary stay pursuant to CPLR 5519 (c) of the underlying proceedings, pending the hearing and determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on February 26, 2016,
Now, upon reading and filing the affirmation of Thomas A. Corletta, Esq., April 20, 2016, the notice of motion with proof of service thereof, and the affirmation of Jeremy M. Sher, Esq., dated May 5, 2016, and due deliberation having been had thereon,
It is hereby ORDERED that the motion is denied.
Entered: May 23, 2016
Frances E. Cafarell, Clerk