Toscano v. Southampton Brick & Tile, Inc.

Appellate Division of the Supreme Court of New York

Toscano v. Southampton Brick & Tile, Inc.

210 A.D.2d 490, 620 N.Y.S.2d 1007, 1994 N.Y. App. Div. LEXIS 13140

Procedural entryThis page is a short order in Toscano v. Southampton Brick & Tile, Inc.. Read the opinion of the Court — 233 A.D.2d 515 →

Appellate Division of the Supreme Court of the State of New York·Decided December 27, 1994·Published

Opinion

—In an action for dissolution of a corporation, the appeal is from so much of an order of the Supreme Court, Suffolk County (Floyd, J.), dated August 19, 1993, as denied those branches of the appellant’s motion which were to (1) deem the petition for dissolution authorized by Business Corporation Law § 1104 (a) (3) a petition also authorized by Business Corporation Law § 1104-a, and (2) stay the dissolution proceeding pending a valuation hearing pursuant to Business Corporation Law § 1118.

Ordered that the appeal is dismissed, with costs.

[491]*491The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of a judgment in the action (see, Matter of Aho, 39 NY2d 241). As the appellant does not appeal from the judgment, which was entered after trial, there is no issue before us. Sullivan, J. P., Lawrence, Ritter and Joy, JJ., concur.

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—In an action for dissolution of a corporation, the appeal is from so much of an order of the Supreme Court, Suffolk County (Floyd, J.), dated August 19, 1993, as denied those branches of the appellant’s motion which were to (1) deem the petition for dissolution authorized by Business Corporation Law § 1104 (a) (3) a petition also authorized by Business Corporation Law § 1104-a, and (2) stay the dissolution proceeding pending a valuation hearing pursuant to Business Corporation Law § 1118.

Ordered that the appeal is dismissed, with costs.

[491]*491The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of a judgment in the action (see, Matter of Aho, 39 NY2d 241). As the appellant does not appeal from the judgment, which was entered after trial, there is no issue before us. Sullivan, J. P., Lawrence, Ritter and Joy, JJ., concur.

Toscano v. Southampton Brick & Tile, Inc., 210 A.D.2d 490, 620 N.Y.S.2d 1007, 1994 N.Y. App. Div. LEXIS 13140 (N.Y. Ct. App. 1994).

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210 A.D.2d 490 (Toscano v. Southampton Brick & Tile, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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