Opinion
2149N
November 7, 2002.
Order, Supreme Court, New York County (Rosalyn Richter, J.), entered on or about February 11, 2002, which denied petitioner's request to withdraw the petition, but stayed the dissolution proceeding pending an appraisal of petitioner's shares pursuant to Business Corporation Law § 1118, unanimously affirmed, without costs.
PHILIP A. GREENBERG, for petitioner-appellant.
LYNN ARMENTROUT, for respondents-respondents.
Before: Tom, J.P., Rosenberger, Friedman, Gonzalez, JJ.
In this proceeding brought pursuant to Business Corporation Law §§ 1104 and 1104-a, the court properly denied petitioner permission to withdraw her petition, which she clearly sought in response to respondents' exercise of their statutory buy-out option under Business Corporation Law § 1118 (see Matter of Musilli, 134 A.D.2d 15) . Contrary to petitioner's argument, Fedele v. Seybert ( 250 A.D.2d 519) provides no support for her position, since the pleading in that case sought common-law, rather than statutory, dissolution, and thus implicated no statutory buy-out right.
We have considered petitioner's other contentions and find them unavailing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.