Opinion
2002-01213
Argued February 13, 2003.
March 10, 2003.
In a proceeding pursuant to Business Corporation Law article 11 to dissolve a corporation, Milton Heid and Augustus Antico appeal from so much of an order of the Supreme Court, Queens County (Dye, J.), dated January 18, 2002, as granted that branch of the petitioner's motion which was for a preliminary injunction prohibiting the addition or removal of directors during the pendency of the dissolution proceeding.
McCullough, Goldberger Staudt, LLP, White Plains, N.Y. (William Simon of counsel), for appellant Augustus Antico, and Winston Strawn, New York, N.Y. (Gerald D. Silver of counsel), for appellant Milton Heid (one brief filed).
McBreen Kopko, Jericho, N.Y. (Norman N. Bluth of counsel), for respondent.
Before: SANDRA J. FEUERSTEIN, J.P., NANCY E. SMITH, LEO F. McGINITY, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
Under the circumstances of this case, the Supreme Court properly granted the petitioner's request for a preliminary injunction (see Aetna Ins. Co. v. Capasso, 75 N.Y.2d 860; Matter of Walsh v. Design Concepts, 221 A.D.2d 454).
FEUERSTEIN, J.P., SMITH, McGINITY and COZIER, JJ., concur.