MATTER OF COMMUNITY SERVICE SOCIETY OF NEW YORK (LAURA SPELLMAN ROCKEFELLER MEMORIAL TRUST). SALVATION ARMY v. NEW YORK COMMUNITY TRUST


259 A.D.2d 289 (1999)

686 N.Y.S.2d 46

In the Matter of COMMUNITY SERVICE SOCIETY OF NEW YORK (LAURA SPELLMAN ROCKEFELLER MEMORIAL TRUST). SALVATION ARMY, Intervenor-Appellant, v. NEW YORK COMMUNITY TRUST, Respondents, et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided March 4, 1999.


It is clear from documentary evidence in the record that intervenor-petitioner Salvation Army had ample notice that the Distribution Committee of respondent New York Community Trust had invoked its discretionary variance power to terminate automatic distributions to petitioner previously made from a certain trust under its administration and that such notice was received on or about the time that the decision was made. It is evident as well that petitioner for some 25 years...

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