In re Memory Gardens, Inc.

— Appeal from an order of the Supreme Court at Special Term (Kahn, J.), entered November 25, 1981 in Albany County, which granted petitioner’s application, in a proceeding pursuant to section 1507 (subd [a], par [2]) of the Not-For-Profit Corporation Law, to withdraw moneys from its permanent maintenance fund to pay attorneys’ fees and disbursements. This proceeding, initiated by petitioner Memory Gardens, Inc., and unsuccessfully opposed by the Cemetery Board of the State of New York, was instituted to enable petitioner to obtain authorization to invade its permanent maintenance trust fund…