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SOCY FOR CRUELTY TO ANIMALS

2 Misc.3d 644 (2003)

773 N.Y.S.2d 789

In the Matter of the Application of SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OF UPSTATE, NEW YORK, INC., Petitioner, to Obtain Leave to Sell Substantially all of its Assets.

Supreme Court, Saratoga County.

November 24, 2003.

Attorney(s) appearing for the Case

Bartlett, Pontiff, Stewart & Rhodes, P.C., Glens Falls, for petitioner.

Eliot Spitzer, Attorney General, Albany (Timothy B. Lennon of counsel).

OPINION OF THE COURT

THOMAS D. NOLAN, JR., J.

The petition of the Society for the Prevention of Cruelty to Animals of Upstate, New York, Inc. for court approval, pursuant to Not-For-Profit Corporation Law § 510 (a) (3), for the sale of certain real property for a price not less than $650,000 is denied, without costs and without prejudice.

Petitioner owns 3.54 acres of real property on Queensbury Avenue...

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