|
§6410(c)
|
(c) in lieu of the provisions of §7119 of this chapter, if any shareholder not voting in favor of such agreement of merger shall, at such meeting or within 20 days thereafter, object to such merger and demand payment for his shares, he may, at any time within 60 days after such merger, apply to the supreme court at any special term thereof, held in the district in which the county is situated, in which the surviving company has its principal place of business, upon at least 8 days' notice to said company for the appointment of 3 persons to appraise the value of his shares, and the court shall appoint such appraisers and designate the time and place of their 1st meeting, with such directions in regard to their proceedings as shall be deemed proper. The court may fill any vacancies in the board of appraisers occurring by refusal or neglect to hold such office. The appraisers shall meet at the time and place designated and after being duly sworn, shall honestly and faithfully discharge their duties and estimate and certify the value of such shares, and deliver 1 copy to such company and another to such shareholder, if demanded; the charges and expenses of the appraisers shall be paid by the company. When the company shall have paid the appraised value of such shares, as directed by the court, said shares shall be canceled and such shareholder shall cease to have any interest in such shares and in the company property, and such shares may be held and disposed of by the company for its own benefit; and
|