EMPIRE MEDICAL SYSTEMS, LLC v. BERNARDONI, JERAMY

Appeal from a judgment (denominated order) of the Supreme Court, Ontario County (Matthew A. Rosenbaum, J.), entered December 18, 2014. The judgment, insofar as appealed from, provided that the parties may raise the issue of certain distributions with the appraiser.

It is hereby ordered that the judgment insofar as appealed from is unanimously reversed on the law without costs, and the following language in the fifth decretal paragraph is vacated: “and as the Operating Agreement contains certain provisions relating to distributions, the parties may raise the issue of any such distributions as…