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Old December 10th 04, 11:46 AM
Biwah
 
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Default Text of Letter from New York Attorney General to JudgeHorowitz

On 3/12/04 6:41 am, in article , "Sam
Sloan" wrote:

Can you find any case where a Not For Profit has moved from one state
to another? I have not been able to find one.


There are unreported cases, including churches (established under the
Religious Corporation Law and churches have the same or similar rules top
other nonprofits, although I haven't looked at the issue in decades). My
recollection is that the A-G does not intervene when a non-profit or
religious corporation (or, seemingly, club, which has different rules)
dissolves or moves or changes purpose (or sect or affiliation...) provided
the proposal of the Board of directors (or membership, etc.) is reasonable.

There are special problems when there are earmarked trusts. And look at the
Pennsylvania brouhaha over the Barnes museum.

There can be a turnover of the proceeds to a similar organization, or
application to charitable purposes. I don't agree that the assets "belong to
the state" under any circumstances except escheat. The state is a protector.

For sale or other disposition of realty you need a court order and notice,
as the letter and follow-up discussion notes. There is a theoretical
exception for foreclosure, but the careful attorney will notice the A-G and
get a court order even for that.

As for the clown who bashed civil servants: he's the arrogant one who rushed
into the clerk's office and announced "I pay your salary" and therefore he
wanted immediate action, including bypassing legal procedures. Such people
are always complaining that civil servants don't know anything; but the fact
is that they never stop complaining and demanding so even the most
knowledgeable civil servant can't get a word in edgewise. Or else, having
been insulted and perhaps subjected to racial and gender insult and abuse,
give up trying to help.



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Old December 11th 04, 04:10 AM
Frank Dreck
 
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"Biwah" Such people are always complaining that civil servants don't know
anything; but the fact is that they never stop complaining and demanding so
even the most knowledgeable civil servant can't get a word in edgewise. Or
else, having been insulted and perhaps subjected to racial and gender insult
and abuse, give up trying to help.

You all have an excuse for everything, that is what makes you a Civil
Servant.


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Old December 12th 04, 12:44 PM
Biwah
 
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On 11/12/04 4:10 am, in article
, "Frank Dreck"
wrote:

You all have an excuse for everything, that is what makes you a Civil
Servant.


Except that I'm a journalist, ****-face, and you're a jerk.

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Old December 12th 04, 06:05 PM
Mark Friedman
 
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"Biwah" Except that I'm a journalist, ****-face, and you're a jerk.


The Harlem Food Stamp News?


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Old December 13th 04, 06:14 PM
Rob Mitchell
 
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Biwah,

I agree.

Also, where does the case stand right now? The silence is deafining.
Rob



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Old December 13th 04, 09:27 PM
GrantPerks
 
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This is exactly the point. The AG was not notified at all. Also, it
could not be said that the proposal of the Board of Directors was
reasonable, because there was no proposal of the board of directors.

The building was sold without the board of directors even discussing
or voting on the issue. Check the minutes. This is why I say that the
sale was completely illegal.

Sam Sloan


Sam, as I recall, the section governing a board vote is in a different section
of law from those you cited in your lawsuit. The 2/3 rule is applicable to all
non profit corporations, while the notification requirement is applicable for
only charitable corporations.

Since your original suit was not based on the lack of a delegate vote, will the
judge make a ruling on this section of the law?

Grant Perks

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