§ 1008. Jurisdiction of supreme court to supervise dissolution and

liquidation.

(a) At any time after the filing of a certificate of dissolution under
this article, the supreme court in the judicial district where the
office of the corporation was located at the date of its dissolution, in
a special proceeding instituted under this section, upon the petition of
the corporation or, in a situation approved by the court, upon the
petition of a creditor, claimant, director, officer, member, subscriber
for capital certificates, incorporator or the attorney general, may
suspend or annul the dissolution or continue the liquidation of the
corporation under the supervision of the court and may make all such
orders as it may deem proper in all matters in connection with the
dissolution or the winding up of the affairs of the corporation, and in
particular, and without limiting the generality of the foregoing, in
respect of the following:

(1) The determination of the validity of the authorization of the
dissolution of the corporation and of the execution and delivery of the
certificate of dissolution under this article.

(2) The adequacy of the notice given to creditors and claimants and,
if it is determined to have been inadequate, the requirement of such
further notice as the court may deem proper.

(3) The determination of the validity and amount of invalidity of any
claims which have been presented to the corporation.

(4) The barring of all creditors and claimants who have not timely
filed claims as provided in any such notice, or whose claims have been
disallowed by the court, as against the corporation, its assets,
directors, officers and members.

(5) The determination and enforcement of the liability of any
director, officer, member or subscriber for capital certificates, to the
corporation or for the liabilities of the corporation.

(6) The presentation and filing of intermediate and final accounts of
the directors, the hearing thereon, the allowance or disallowance
thereof, and the discharge of the directors, or any of them, from their
liabilities.

(7) The administration of any trust, or the disposition of any
property held in trust by or for the corporation.

(8) The adequacy of a plan of distribution.

(9) The payment, satisfaction or compromise of claims against the
corporation, the retention of assets for such purpose, and the
determination of the adequacy of provisions made for payment of the
liabilities of the corporation.

(10) The disposition or destruction of records, documents and papers
of the corporation.

(11) The appointment and removal of a receiver under article 12
(Receivership) who may be a director, officer or member of the
corporation.

(12) The issuance of injunctions for one or more of the purposes and
as provided in section 1113 (Injunction).

(13) The return of subscription payments to subscribers for capital
certificates, and the making of distributions, in cash or in kind or
partly in each, to the members.

(14) The payment to the state comptroller, as abandoned property, of
assets under paragraph (d) of section 1002-a (Carrying out the plan of
dissolution and distribution of assets).

(15) Where assets were received and held by the corporation either for
a charitable purpose or legally required to be used for a particular
purpose, the distribution of such assets to one or more domestic or
foreign corporations or other organizations engaged in activities
substantially similar to those of the dissolved corporation, on notice
to the attorney general and to such other persons, and in such manner,
as the court may deem proper.

(b) No order annulling a dissolution shall be made under this section
if the name of the corporation whose dissolution is to be annulled is no
longer available for use by such corporation, unless such corporation
submits with its petition for the annulment of the dissolution a
certificate of reservation of another available name.

(c) Orders under this section may be entered ex parte, except that if
such special proceeding was not instituted upon petition of the
corporation, notice shall be given to the corporation in such manner as
the court may direct. Notice shall be given to other persons interested,
and in such manner, as the court may deem proper, of any hearings and of
the entry of any orders on such matters as the court shall deem proper.
All orders made by the court under this section shall be binding upon
the attorney-general, the corporation, its directors, officers, members,
subscribers for capital certificates, incorporators, creditors and
claimants.