Legal Opinion

In re Howard Beach Appeal Fund, Inc.

New York Supreme Court

Decided November 7, 1988PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Arthur W. Lonschein, J.

This is an application for the judicial approval of the certificate of incorporation of a proposed type B not-for-profit corporation. (Not-For-Profit Corporation Law §§ 201, 404.) The incorporators have been caught between the Attorney-General and the Department of State, who disagree as to whether this corporation is properly considered as a type A or type B not-for-profit corporation. For the reasons stated below, the court rules that the purposes of this proposed corporation place it in type A, for which no judicial approval is required.…

2Cases cited25 opinions

  1. Hospital Utilization Project v. CommonwealthSupreme Court of Pennsylvania · 1985
  2. People ex rel. Ellert v. CogswellCalifornia Supreme Court · 1896
  3. Powers v. First Natl. Bank of CorsicanaTexas Supreme Court · 1942
  4. United Presbyterian Ass'n v. Board of County CommissionersSupreme Court of Colorado · 1968
  5. Evangelical Retirement Homes of Greater St. Louis, Inc. v. State Tax CommissionSupreme Court of Missouri · 1984

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3Cited by1 opinion

  1. In Re EWI, Inc.United States Bankruptcy Court, N.D. Ohio · 1997

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