First State Depository Co., et al. v. Israel Discount Bank of New York

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IN THE SUPREME COURT OF THE STATE OF DELAWARE FIRST STATE DEPOSITORY COMPANY, LLC and CERTIFIED ASSETS MANAGEMENT, INC., Defendants BelowAppellants, v. ISRAEL DISCOUNT BANK OF NEW YORK, Plaintiff BelowAppellee. § § § § § § § § § § § § § § No. 580, 2012 Court Below-Court of Chancery of the State of Delaware C.A. No. 7237 Submitted: November 1, 2012 Decided: November 14, 2012 Before STEELE, Chief Justice, JACOBS and RIDGELY, Justices ORDER This 14th day of November 2012, it appears to the Court that: (1) The defendants-appellants, First State Depository Company, LLC and Certified Assets Management, Inc. (the appellants ), have petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from the interlocutory order of the Court of Chancery dated September 27, 2012, which denied their motion to dismiss the breach of contract and conversion claims of the plaintiffappellee, Israel Discount Bank of New York. (2) The appellants filed their application for certification to take an interlocutory appeal in the Court of Chancery on October 8, 2012. On October 31, 2012, the Court of Chancery denied the certification application on the ground that the requirements of Supreme Court Rule 42 had not been met. (3) Applications for interlocutory review are addressed to the sound discretion of this Court. In the exercise of its discretion, the Court has concluded that the appellants application for interlocutory review fails to meet the requirements of Supreme Court Rule 42 and, therefore, should be refused. NOW, THEREFORE, IT IS ORDERED that the interlocutory appeal is REFUSED. BY THE COURT: /s/ Henry duPont Ridgely Justice 2

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