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.