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future hearing. Once final order is entered, the Huntington Free Library has 30 days during which to file an appeal.
[[underlined]]Audubon Terrace Proceeding[[/underlined]]
In the second matter before Justice Stecher, the Heye Foundation petitioned the Court to permit it to transfer ownership of Audubon Terrace to Boricua College, subject to the right of the Smithsonian to occupy the building until the other Museum of the American Indian facilities were available. In addition, the Heye Foundation requested that the court extinguish the right of re-entry in the heirs of Archer Huntington. Under the original foundation deed, the heirs were granted a right to re-enter the premises at such time as the Heye Foundation ceased to carry out the purposes of the deed.
Justice Stecher held that the only issue ripe for decision was whether the right of re-entry in the heirs of Archers Huntington had been triggered by the transfer of the Museum of the American Indian collections to the Smithsonian. It would be premature, he concluded, to decided whether the Heye Foundation could transfer ownership of Audubon Terrace to Boricua College, since the Smithsonian's occupancy would delay any such transfer for many years. Because transfer of the collections to the Smithsonian was consistent with the conditions imposed by Archer Huntington on the use of the property, such transfer did not, according to the Court, activate the right of re-entry. Thus, so long as the Smithsonian remains in the facility and continues to use it for museum purposes, the heirs cannot exercise their right of re-entry. However, the Court conculded that when the Smithsonian removes the collection fro, Audubon Terrace, the rights of the heirs will be triggered and an appropriate disposition can be made by the heirs at that time. 
[[underlined]]New York State and City Contract Negotiations for Construction of the Museum of the American Indian Exhibition Facility at the Custom House[[/underlined]]
Since last November 1990, representatives from the State and City of New York and the Smithsonian have been attempting to negotiate an agreement that would provide the State and City with a substantial role in the overseeing construction and operation of the Museum of the American Indian Exhibition Facility at the Custom House in New York. Because of the unprecedented nature of this agreement, there were numerous complicated issues of a legal and practical nature that required resolution before the agreement could be completed. The final disputed issues were resolved in July 1991, and only small details remain to be finalized for the agreement to be complete.
On August 15, 1991, the proposed agreement was places on the calendar for a public hearing in New York. No opposition was submitted at that time and the agreement is currently under review by the New York City Comptroller, who has 30 days from the date of the hearing to raise any objections. As soon as the review process is complete, the State and the City will submit the documentation necessary to release their respective $8 million contributions, which the Smithsonian expects to receive by the end of September.