In re O'Brien

Pécora, J.

This is an application for the appointment of appraisers to value certain shares of preferred stock pursuant to section 21 of the Stock Corporation Law. The corporation opposes the application upon the ground that petitioner has *578not complied with certain conditions provided for in sections 21 and 91 of the Stock Corporation Law. Subdivision 7 of section 91 provides that, a stockholder of a domestic corporation included in a consolidation, not voting in favor thereof, may object to the consolidation and demand payment for his stock at any time prior to the vote. It is provided that “…