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MATTER OF BD. OF TRUSTEES OF HUNTINGTON

5 A.D.3d 15 (2004)

771 N.Y.S.2d 69

In the Matter of BOARD OF TRUSTEES OF HUNTINGTON FREE LIBRARY AND READING ROOM, Appellant. ATTORNEY GENERAL OF THE STATE OF NEW YORK et al., Respondents.

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

January 6, 2004.

Attorney(s) appearing for the Case

Balber Pickard Battistoni Maldonado & Van Der Tuin, PC (Thomas P. Battistoni of counsel), for appellant.

Eliot Spitzer, Attorney General (James Robert Pigott, Jr., Marion R. Buchbinder, William Josephson and Barbara L. Quint of counsel), respondent pro se.

James B. Comey, United States Attorney (Daniel S. Alter and Gideon A. Schor of counsel), for Smithsonian Institution, respondent.

Madeline Provenzano, Member of the City Council of the City of New York, amicus curiae.

MAZZARELLI, J.P., SULLIVAN and ELLERIN, JJ., concur with LERNER, J.; MARLOW, J., dissents in a separate opinion.

OPINION OF THE COURT

LERNER, J.

Pursuant to its foundation deed, petitioner Huntington Free Library and Reading Room (the Library) is a charitable trust created by Collis and Arabella Huntington in 1892 to operate a noncirculating, free public library and to provide a place "where all persons without distinction of race or creed may assemble for purposes of reading, study, education, and self-improvement, and for lectures, exhibitions, instruction and amusement...

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