Opinion
279
February 25, 2003.
Order, Supreme Court, Bronx County (Alan Saks, J.), entered April 5, 2002, which granted petitioner's motion to confirm the report of the Judicial Hearing Officer, dated February 5, 2001, finding, after a hearing, that petitioner has standing to commence and maintain the instant proceeding pursuant to Business Corporation Law § 1104-a, unanimously affirmed, with costs.
Patrick J. Bliss, for petitioner-respondent.
Samuel F. Abernethy, for respondent-appellant.
Before: Nardelli, J.P., Mazzarelli, Rosenberger, Ellerin, Gonzalez, JJ.
The finding of the Judicial Hearing Officer that petitioner owns at least 20% of the shares of respondent corporation and thus has standing to bring the instant proceeding, largely dependent upon credibility determinations to which deference is due (see Namer v. 152-54-56 W. 15thSt. Realty Corp., 108 A.D.2d 705) and which we perceive no basis to disturb, was amply supported by the record and, accordingly, properly confirmed (see Sylvan Lawrence Co. Inc. v. 180 Realty Co., 268 A.D.2d 238; United States Trust Co. v. Olsen, 194 A.D.2d 481, 482).
We have considered respondent's remaining contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.