MATTER OF ROCKLAND BAKERY, INC. v. B.M. BAKING COMPANY, INC.

2010-03981.

83 A.D.3d 1080 (2011)

In the Matter of ROCKLAND BAKERY, INC., Respondent, v. B.M. BAKING COMPANY, INC., et al., Respondents, and CALABRESE BAKERIES, INC., et al., Appellants.

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

Decided April 26, 2011.


Ordered that the order is affirmed, with costs.

In 2004 Rockland Bakery, Inc., a 50% shareholder of B.M. Baking Company, Inc. (hereinafter B.M. Baking), filed this petition for the judicial dissolution of B.M. Baking, pursuant to Business Corporation Law § 1104. B.M. Baking failed to appear or answer the petition. On December 15, 2005, the Supreme Court granted the petition as unopposed and adjudged B.M. Baking dissolved nunc pro tunc as of March 19, 2004.

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