Corp. v. Peter K. Cheney, Individually, And, & S'holder of Cheney-Dewey Funeral Homes, Inc.

Full title: IN THE MATTER OF A PROCEEDING UNDER ARTICLE 11 OF THE BUSINESS CORPORATION…

Court: Appellate Division of the Supreme Court of the State of New York

Date published: May 23, 2016

2016 N.Y. Slip Op. 74574 (N.Y. App. Div. 2016)

Opinion

DOCKET NO. CA 16-00670

05-23-2016

IN THE MATTER OF A PROCEEDING UNDER ARTICLE 11 OF THE BUSINESS CORPORATION LAW MARYANNE CHENEY, INDIVIDUALLY, AND AS OFFICER, DIRECTOR, AND SHAREHOLDER OF CHENEY-DEWEY FUNERAL HOMES, INC., PETITIONER-APPELLANT, v. PETER K. CHENEY, INDIVIDUALLY, AND AS OFFICER, DIRECTOR, AND SHAREHOLDER OF CHENEY-DEWEY FUNERAL HOMES, INC., AND NEW YORK STATE DEPARTMENT OF TAXATION AND FINANCE, RESPONDENTS-RESPONDENTS.

WHALEN, P.J., CENTRA, PERADOTTO, CARNI, AND LINDLEY, JJ.

PRESENT:

Appellant having moved for a discretionary stay pursuant to CPLR 5519 (c) of the underlying proceedings, pending the hearing and determination of the appeal taken herein from an order of the Supreme Court entered in the Office of the Clerk of the County of Ontario on February 26, 2016,

Now, upon reading and filing the affirmation of Thomas A. Corletta, Esq., April 20, 2016, the notice of motion with proof of service thereof, and the affirmation of Jeremy M. Sher, Esq., dated May 5, 2016, and due deliberation having been had thereon,

It is hereby ORDERED that the motion is denied.

Entered: May 23, 2016

Frances E. Cafarell, Clerk