EXCELSIOR CAPITAL, LLC, ETC., res, ET AL., plf, v. SUPERIOR BROADCASTING COMPANY, INC., def, ESTATE OF C. ROBERT ALLEN III, ETC., ap — Motion by the appellant for leave to appeal to the Court of Appeals from a decision and order of this Court dated December 5, 2012, which determined an appeal from a judgment of the Supreme Court, Nassau County, dated September 21, 2011.

Upon the papers filed in support of the motion and the papers filed in opposition thereto, it is

ORDERED that the motion is denied.

DILLON, J.P., BALKIN, LEVENTHAL and HALL, JJ., concur.