MATTER OF THOM


33 N.Y.2d 609 (1973)

In the Matter of the Application of William J. Thom, Appellant, for Approval of the Incorporation of Lambda Legal Defense & Education Fund, Inc.

Court of Appeals of the State of New York.

Decided July 3, 1973.


Attorney(s) appearing for the Case

Victor Rabinowitz and Herbert Jordan for appellant.

Louis J. Lefkowitz, Attorney-General (Daniel M. Cohen and Samuel A. Hirshowitz of counsel), in his statutory capacity under section 71 of the Executive Law.

Judges BREITEL, JASEN, JONES and WACHTLER concur in Per Curiam opinion; Judge BURKE concurs in an opinion in which Chief Judge FULD concurs; Judge GABRIELLI dissents and votes to affirm in a separate opinion.


Per Curiam.

The order of the Appellate Division should be reversed and the matter remitted to that court for reconsideration of the application. The determination of that court was unsupportable in finding that the Lambda Corporation was neither benevolent nor charitable in ostensible purpose and that there was no demonstrated need for the corporation. We do not agree, however, that the Appellate Division is without...

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