In re Ryback

McGivern, J. P. (dissenting).

I would reverse and dismiss the petition. I associate myself with the view expressed in the brief submitted by the Attorney-General, to wit: “The Secretary of State and the Attorney General have maintained from the outset that the court had no power to grant the relief requested by the respondents or to make the order here appealed.” (Italics supplied.) As I read the cases, a corporate merger cannot be annulled by judicial flat, and then the constituent elements of the former corporations immediately be recreated, remerged and restored to their pristine states,…