Legal Opinion

In re Friends for Long Island's Heritage

Appellate Division of the Supreme Court of the State of New York

Decided November 16, 2010PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

Fisher, J.P.

The principal issue presented on this appeal, one of apparent first impression in this state, is whether, in a judicial dissolution proceeding pursuant to Education Law § 216-a (4) (d) (13) and Not-For-Profit Corporation Law § 1102 (a) (2) (E), the Supreme Court may order that assets held for a limited purpose by the dissolving corporation be used or sold to pay its creditors, and, if so, what, if any, are the limitations on the court’s discretion in doing so.

In 1964, Friends of the Nassau County Historical Museum was granted a provisional charter, made…

2Cases cited5 opinions

  1. Sherman v. Richmond Hose Co. No. 2New York Court of Appeals · 1921
  2. St. Joseph's Hospital v. BennettNew York Court of Appeals · 1939
  3. Terio v. SpodekAppellate Division of the Supreme Court of the State of New York · 2009
  4. In Re Multiple Sclerosis Service Organization of New York, Inc.New York Court of Appeals · 1986
  5. Barretta v. NBKL Corp.Appellate Division of the Supreme Court of the State of New York · 2002

3Cited by4 opinions

  1. Hadassah Academic College v. Hadassah, The Women's Zionist Organization of America, Inc.District Court, S.D. New York · 2019
  2. Matter of Help Me See, Inc. v. Wonderwork, Inc.Appellate Division of the Supreme Court of the State of New York · 2018
  3. Sama v. MullaneyUnited States Bankruptcy Court, S.D. New York · 2020
  4. Sama v. MullaneyUnited States Bankruptcy Court, S.D. New York · 2020

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