Opinion
Submitted October 17, 2001.
November 19, 2001.
In a proceeding, inter alia, for judicial dissolution of a closely-held corporation, the petitioner appeals from an order of the Supreme Court, Westchester County (Rudolph, J.), dated December 1, 2000, which, sua sponte, conditionally struck the petition unless the petitioner's examination before trial was completed on or before December 8, 2000.
Loeb Loeb, LLP, New York, N.Y. (Paula K. Colbath and Jeffrey A. Goldstein of counsel), for appellant.
Hoffman Pollok Pickholz, LLP, New York, N.Y. (John L. Pollok and William A. Rome of counsel), for respondents.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, STEPHEN G. CRANE, JJ.
ORDERED that on the court's own motion, the notice of appeal from the order dated December 1, 2000, is deemed to be an application for leave to appeal, and leave to appeal from that order is granted; and it is further,
ORDERED that the order is affirmed, with costs.
The Supreme Court providently exercised its discretion in conditionally striking the petition since there was a showing that the petitioner's failure to complete his examination before trial was willful (see, Wilson v. Wilson, 174 A.D.2d 736; Adinolfi v. Adinolfi, 168 A.D.2d 401, 403).
RITTER, J.P., GOLDSTEIN, FRIEDMANN, FEUERSTEIN and CRANE, JJ., concur.