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JAKUBOWICZ v. GREEN CONTRS.

25 A.D.3d 146 (2005)

803 N.Y.S.2d 71

In the Matter of ADAM JAKUBOWICZ, Respondent, v. A.C. GREEN ELECTRICAL CONTRACTORS, INC., et al., Respondents, and CHAIM ROZENBLATT, Respondent. DUDLEY GAFFIN, as Receiver, Appellant. In the Matter of ADAM JAKUBOWICZ et al., Respondents, v. 709 9TH AVENUE, LLC, et al., Respondents, and CHAIM ROZENBLATT et al., Respondents. DUDLEY GAFFIN, as Receiver, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

November 1, 2005.

Attorney(s) appearing for the Case

Dudley Gaffin, New York City, pro se, and Ronald Yang, New York City, for Dudley Gaffin, appellant.

Krol & O'Connor, New York City (Igor Krol of counsel), for Adam Jakubowicz and others, respondents.

Blank Rome LLP, New York City (Lawrence M. Rosenstock of counsel), for Chaim Rozenblatt and others, respondents.

ANDRIAS, MARLOW and SWEENY, JJ., concur with TOM, J.P.; ELLERIN, J., dissents in a separate opinion.

OPINION OF THE COURT

TOM, J.P.

A receiver, appointed by Supreme Court to effectuate the dissolution of nine corporations and dispose of their assets, appeals from an order denying him a commission in excess of that mandated by Business Corporation Law § 1217. Because the statutory language is plain and leaves no room for judicial interpretation, this Court is constrained to affirm the ruling.

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