MATTER OF SCHROEDER


70 A.D.3d 583 (2010)

895 N.Y.S.2d 395

In the Matter of ARNOLD SCHROEDER, for an Order Appointing Directors to the Wendy & Emery Reves Foundation, Inc. WENDY & EMERY REVES FOUNDATION, INC., et al., Respondents; ARNOLD SCHROEDER et al., Appellants.

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

Decided February 25, 2010.


The challenged order was granted ex parte upon petitioner's representations that he had determined, after diligent inquiry, that the corporation's original directors were dead and no successor directors had ever been appointed, and that the application was urgent because assets to which the corporation was entitled would shortly escheat under foreign law unless the corporation had active directors to receive them (see Matter of Botjer [Fisher Found.],

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