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IN THE MATTER OF RL NIGHT STAR PUB, INC. SANDRA RIBEIRO

55 A.D.3d 741 (2008)

864 N.Y.S.2d 787

In the Matter of RL NIGHT STAR PUB, INC. SANDRA RIBEIRO, Respondent; ROGER MOURA, Appellant.

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

October 14, 2008.

Ordered that the order is affirmed, with costs.

The motion by the appellant, a 50% shareholder in the subject corporation, to vacate the sale of the corporation's assets, the order of sale, and the appointment of the temporary receiver, made more than 60 days after the sale, 4 months after service of the order of sale and notice of entry, and approximately 9 months after the order appointing the temporary receiver, was untimely (see CPLR 5513 [a]; Matter...

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