| Lambro Industries, Inc. v Chai Foundation, Inc. |
| Motion No: 2021-01038 |
| Slip Opinion No: 2021 NY Slip Op 64989(U) |
| Decided on April 21, 2021 |
| 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. |
Appellate Division: Second Judicial Department
M276752
E/sl
CHERYL E. CHAMBERS, J.P.
LEONARD B. AUSTIN
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.
|
2021-01038 Lambro Industries, Inc., plaintiff, v Chai Foundation, Inc., respondent; Lambro Industries, Inc., Employee Stock Ownership Plan, etc., nonparty-appellant. (Index No. 612101/2018)
| DECISION & ORDER ON MOTION |
Appeal from an order of the Supreme Court, Suffolk County, dated December 11, 2020. Motion by the nonparty-appellant for leave to intervene pursuant to CPLR 1012 and 1013, for permission to perfect the appeal nunc pro tunc, to enjoin the respondent from taking certain actions with respect to the subject company, and to reinstate the officers, directors, and managers of the subject company. Separate motion by the respondent to dismiss the appeal on the ground that the nonparty-appellant is not aggrieved by the order.
Upon the papers filed in support of the nonparty-appellant's motion and the papers filed in opposition thereto, and upon the papers filed in support of the respondent's motion and no papers having been filed in opposition or in relation thereto, it is
ORDERED that the motion by the nonparty-appellant is denied; and it is further,
ORDERED that the motion by the respondent is granted and the appeal is dismissed, without costs or disbursements (see CPLR 5511).
CHAMBERS, J.P., AUSTIN, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court