Teamsters Local 456 Annuity Fund v Dolan
2007 NY Slip Op 07685 [44 AD3d 745]
October 9, 2007
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Tuesday, March 4, 2008


Teamsters Local 456 Annuity Fund, Derivatively on Behalf of Cablevision Systems Corporation, et al., Respondents,
v
Charles F. Dolan et al., Respondents. Special Litigation Committee of Cablevision Systems Corporation, Intervenor-Appellant.

—[*1] Alston & Bird LLP, New York, N.Y. (Betty Weinberg Ellerin, Nelson A. Boxer, Birgit Kurtz, Tiffany A. Buxton, and Janet Moore of counsel), for intervenor-appellant.

Grant & Eisenhofer, P.A., New York, N.Y. (Stuart M. Grant, Megan D. McIntyre pro hac vice, and Mary S. Thomas pro hac vice of counsel), for plaintiffs-respondents.

In a consolidated action pursuant to Business Corporation Law § 626, inter alia, to recover damages for breach of fiduciary duty and unjust enrichment, the intervenor, Special Litigation Committee of Cablevision Systems Corporation, appeals from so much of an order of the Supreme Court, Nassau County (Bucaria, J.), dated November 30, 2006, as amended by an order of the same court dated January 9, 2007, as denied that branch of its motion which was to stay all proceedings until it completed its independent investigation.

Ordered that the order, as amended, is affirmed insofar as appealed from, with costs.

Under the particular circumstances of this case, the Supreme Court providently exercised its discretion in denying the intervenor-appellant's motion. Miller, J.P., Ritter, Goldstein and Dickerson, JJ., concur.