MATTER OF MULTIPLE SCLEROSIS SERV ORG.


68 N.Y.2d 32 (1986)

In the Matter of Multiple Sclerosis Service Organization of New York, Inc., et al., Appellants. New York City Chapter of the National Multiple Sclerosis Society et al., Respondents.

Court of Appeals of the State of New York.

Decided July 8, 1986.


Attorney(s) appearing for the Case

Gary P. Naftalis, Mayrose Friedman, Lynn R. Saidenberg and Emanuel J. Greenwald for appellants.

Michael J. Chepiga and Timothy V. Smith for New York City Chapter of the National Multiple Sclerosis Society, respondent.

Robert Abrams, Attorney-General (Charles Brody, Pamela A. Mann and David G. Samuels of counsel), for Ultimate Charitable Beneficiaries.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER and HANCOCK, JR., concur; Judge TITONE taking no part.


MEYER, J.

The standard governing distribution of the assets of a charitable corporation being dissolved under the Not-For-Profit Corporation Law (N-PCL § 1005 [a] [3] [A]; § 1008 [a] [15] ["engaged in activities substantially similar to"]) is less restrictive and accords greater authority to the corporation's board of directors and the courts than governs the distribution of the assets held by a trustee...

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