Matter of Kavanaugh v Consumers Beverages, Inc.
2024 NYSlipOp 01433
March 15, 2024
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 1, 2024


[*1]
 In the Matter of Matthew Kavanaugh et al., for the Judicial Dissolution of Consumers Beverages, Inc., Pursuant to Business Corporation Law § 1104-a, Appellant,
v
Consumers Beverages, Inc., et al., Respondents, Cornelius Kavanaugh, Also Known as Neil Kavanaugh, Respondent, and Mary Ellen Kavanaugh, Appellant. (Appeal No. 1.)

Gross Shuman P.C., Buffalo (Kevin R. Lelonek of counsel), for petitioners-appellants.

Garvey & Garvey, Buffalo (Dennis J. Garvey of counsel), for respondent-appellant.

Connors LLP, Buffalo (Vincent E. Doyle, III, of counsel), for respondent-respondent.

Barclay Damon, LLP, Buffalo (James P. Milbrand of counsel), for respondent Consumers Beverages, Inc.

Appeals from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered February 21, 2023. The order granted the motion of respondent Cornelius Kavanaugh, also known as Neil Kavanaugh, to dismiss the petition and cross-petitions.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for reasons stated at Supreme Court. Present—Smith, J.P., Curran, Ogden and Greenwood, JJ.