Matter of El-Roh Realty Corp.
2010 NY Slip Op 05103 [74 AD3d 1801]
June 11, 2010
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2010


In the Matter of the Dissolution of El-Roh Realty Corp. Philippe R. Schwimmer, Individually and as Holder of Fifty Percent of the Outstanding Voting Shares of El-Roh Realty Corp., Appellant; Joan Roth et al., Respondents. In the Matter of the Dissolution of El-Roh Realty Corp. Philippe R. Schwimmer, Individually and as Holder of Fifty Percent of the Outstanding Voting Shares of El-Roh Realty Corp., Appellant; Joan Roth et al., Respondents. (Appeal No. 2.)

—[*1] Mackenzie Hughes LLP, Syracuse (Carter H. Strickland of counsel), for petitioner-appellant.

Woods Oviatt Gilman LLP, Rochester (William G. Bauer of counsel), for respondents-respondents.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered October 8, 2009 in a proceeding pursuant to Business Corporation Law article 11. The order denied the motion of petitioner for, inter alia, a declaration with respect to the effect of a certain amendment of the shareholders' agreement.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Same memorandum as in Matter of El-Roh Realty Corp. (74 AD3d 1796 [*2][2010]). Present—Martoche, J.P., Smith, Centra, Sconiers and Pine, JJ.