In re the Voluntary Dissolution of the Society of Justice, Inc.
In the Matter of the Voluntary Dissolution of the Society of Justice, Inc., Appellant. the Attorney-General of the State of New York, Respondent
In re the Voluntary Dissolution of the Soc'y of Justice, Inc., 135 N.E. 972 (N.Y. 1922)
Headnotes
Corporations — voluntary dissolution — notice to attorney-general of application for order to show cause necessary.
Summary
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered March 31, 1922, which affirmed an order of Special Term denying a motion for an order of dissolution on the ground of failure to serve the attorney-general with notice to show cause. The following questions were certified: “l. Is service upon the attorney-general of the state of New York of notice of the application for an order to show cause under section 170 of the General Corporation Law necessary to give the Supreme Court jurisdiction of a special proceeding instituted to dissolve a membership benevolent corporation? 2. Was the court without jurisdiction to grant the rehef asked for by the petitioners herein? ”
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Opinion of the Court
Order affirmed, with costs. Both questions certified answered in the affirmative; no opinion.
Concur: His cock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.
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