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IN THE MATTER OF MICHAEL J. PORCIELLO, Appellant, v. SOUND MOVES, INC., et al., Respondents.

Ordered that the order and judgment is affirmed, with costs.

Alleging that he was a 28% shareholder of Sound Moves, Inc., a Florida corporation, the petitioner commenced the instant proceeding pursuant to Business Corporation Law § 1104-a Bus. Corp., seeking dissolution of the corporation. The Supreme Court properly dismissed the proceeding. "It is well settled that `a foreign corporation is controlled, as to its dissolution, by the laws of its domicile, and is not affected by laws which are intended to govern the dissolution of corporations created under local laws'" (Matter of Warde-McCann v. Commex, Ltd., 135 A.D.2d 541, 542, quoting 17A Fletcher's Cyclopedia, Corporations § 8579, at 516 [perm ed]).

In view, of our decision we need not reach the petitioner's remaining contention.

Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.

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MATTER OF PORCIELLO v. SOUND MOVES, INC
(Aug 10, 1998)