In re McKinney

This appeal presents two questions: (1) did the provisions of a certain plan for recapitalization of respondent’s stock give rise to a right of appraisal under section 21 of the Stock Corporation Law; and (2) was an application by petitioners to the Supreme Court for the appraisal of their stock under section 21 presented in time.

If it be determined that the second question must be answered in the negative, it will not be necessary to answer the first question.

*725Section 88 of the Stock Corporation Law provides in subdivision 11 that if a certificate of amendment to effect the recapitalization…