N.Y. Not-for-Profit Corporation Law § 1104: Order to show cause; issuance; publication, service, filing

§ 1104. Order to show cause; issuance; publication, service, filing.

(a) Upon the presentation of such a petition, the court shall make an

order requiring the corporation and all persons interested in the

corporation to show cause before it, or before a referee designated in

the order, at a time and place therein specified, not less than four

weeks after the granting of the order, why the corporation should not be

dissolved. In connection therewith, the court may order the

corporation, its officers and directors, to furnish the court with a

schedule of all information, known or ascertainable with due diligence

by them, deemed pertinent by the court, including a statement of the

corporate assets and liabilities, and the name and address of each

member and of each creditor and claimant, including any with

unliquidated or contingent claims and any with whom the corporation has

unfulfilled contracts.

(b) A copy of the order to show cause shall be published as

prescribed therein, at least once in each of the three weeks before the

time appointed for the hearing thereon, in one or more newspapers,

specified in the order, of general circulation in the county in which

the office of the corporation is located at the date of the order.

(c) A copy of the order to show cause shall be served upon the state

tax commission and the corporation and upon each person named in the

petition, or in any schedule provided for in paragraph (a), as a member,

creditor or claimant, except upon a person whose address is stated to be

unknown and cannot with due diligence be ascertained by the corporation.

The service shall be made personally, at least ten days before the time

appointed for the hearing, or by mailing a copy of the order, postage

prepaid, at least twenty days before the time so appointed, addressed to

the person to be served at his last known address.

(d) A copy of the order to show cause and the petition shall be

filed, within ten days after the order is entered, with the clerk of the

county where the office of the corporation is located at the date of the

order. A copy of each schedule furnished to the court under this

section shall, within ten days thereafter, be filed with such clerk.

(e) Publication, service and filing provided for in this section

shall be effected by the corporation or such other persons as the court

may order.