In re Sikorski

In a proceeding pursuant to Business Corporation Law § 623 to determine the fair value of the petitioner’s shares in the appellant corporation, the appeal is from an order of the Supreme Court, Queens County (Grays, J.), dated May 11, 2005, which denied the corporation’s motion to dismiss the proceeding, and granted the petition to the extent of, inter alia, extending the petitioner’s time to commence the present proceeding.

Ordered that the order is reversed, on the law, with costs, the petition is denied, the cross motion is granted, and the proceeding is dismissed.

Although the appellant…