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MATTER OF FASSA CORP.

018824/10

31 Misc.3d 782 (2011)

In the Matter of FASSA CORP., a Member of EMMY KODIAK DEVELOPERS OF WOODBURY, LLC, Petitioner, for a Judicial Decree Winding Up the Affairs of EMMY KODIAK DEVELOPERS OF WOODBURY, LLC, and for Appointment as Receiver of Liquidating Trustee thereof pursuant to Section 703 of the New York Limited Liability Company Law, and for Inspection of the Books and Records of EMMY KODIAK DEVELOPERS OF WOODBURY, LLC, pursuant to Section 1102 of the New York Limited Liability Company Law.

Supreme Court, Nassau County.

Decided February 1, 2011.

Attorney(s) appearing for the Case

Law Offices of Howard W. Burns, New York City ( Howard W. Burns, Jr. of counsel), for Fassa Corp., petitioner.

OPINION OF THE COURT

STEPHEN A. BUCARIA, J.

Petition for the judicial winding up of the affairs of Emmy Kodiak Developers of Woodbury, LLC is granted.

Petitioner Fassa Corp. holds a one-third membership interest in respondent Emmy Kodiak Developers of Woodbury, LLC (Emmy Kodiak). The other one-third members are Eric Silverstein and Prasad Realty Corp. The company's operating agreement provides that its purpose is "to engage in any lawful act or activity...

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