OPINION OF THE COURT
SHIRLEY WERNER KORNREICH, J.
Defendants NYSE Euronext, Ellyn L. Brown, Marshall N. Carter, Patricia M. Cloherty, Duncan M. McFarland, James J. McNulty, Duncan L. Niederauer, Robert G. Scott, Jackson P. Tai, Baseball Merger Sub, LLC (BMS), and IntercontinentalExchange, Inc. (ICE) move for an order, pursuant to CPLR 327 (a) and 3211 (a) (4), dismissing or staying this action.
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