IN RE APPLICATION OF ONG

In this proceeding brought pursuant to Business Corporation Law §§ 1104 and 1104-a, the court properly denied petitioner permission to withdraw her petition, which she clearly sought in response to respondents' exercise of their statutory buy-out option under Business Corporation Law § 1118 (see Matter of Musilli, 134 A.D.2d 15) . Contrary to petitioner's argument, Fedele v. Seybert ( 250 A.D.2d 519) provides no support for her position, since the pleading in that case sought common-law, rather than statutory, dissolution, and thus implicated no statutory buy-out right.

We have considered petitioner's other contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.