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MATTER OF FRIENDS FOR LONG ISLAND'S

2008-10199.

80 A.D.3d 223 (2010)

911 N.Y.S.2d 412

In the Matter of FRIENDS FOR LONG ISLAND'S HERITAGE, Petitioner. ANDREW M. CUOMO, Attorney General of the State of New York, et al., Appellants; WEDGWOOD SOCIETY OF NEW YORK, Intervenor-Appellant; COUNTY OF NASSAU et al., Respondents.

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

Decided November 16, 2010.

Attorney(s) appearing for the Case

Andrew M. Cuomo , Attorney General, New York City ( Benjamin N. Gutman and Ann P. Zybert of counsel), appellant pro se, and for New York State Education Department, appellant.

Debevoise & Plimpton LLP, New York City ( Benjamin Sirota , Rebecca G. Mangold , and Susan A. McMahon of counsel), for Wedgwood Society of New York, intervenor-appellant.

John Ciampoli , County Attorney, Mineola ( Lori Barrett and Peter J. Clines of counsel), for County of Nassau, respondent.

Christine Malafi , County Attorney, Hauppauge ( John R. Petrowski of counsel), for County of Suffolk, respondent.

Farber Rosen & Kaufman, P.C., Rego Park ( Joseph Farber and Richard C. Lunenfeld of counsel), for New York Community Bank, respondent.

Benton J. Campbell , United States Attorney, Eastern District of New York, Brooklyn ( William Young of counsel), for United States Small Business Administration, respondent.

DILLON, DICKERSON and ENG, JJ., concur.

OPINION OF THE COURT

FISHER, J.P.

The principal issue presented on this appeal, one of apparent first impression in this state, is whether, in a judicial dissolution proceeding pursuant to Education Law § 216-a (4) (d) (13) and Not-For-Profit Corporation Law § 1102 (a) (2) (E), the Supreme Court may order that assets held for a limited purpose by the dissolving corporation be used or sold to pay its creditors, and, if so, what, if any, are the...

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