Section 1109. Judgment or final order of dissolution

(a)  In  an action or special proceeding under this article if, in the
  court's discretion, it shall  appear  that  the  corporation  should  be
  dissolved,  it  shall  make  a  judgment  or  final order dissolving the
  corporation.
    (b) In making its decision, the court shall  take  into  consideration
  the following criteria:
    (1)  In an action brought by the attorney-general, the interest of the
  public is of paramount importance.
    (2) In a special proceeding  brought  by  directors  or  members,  the
  benefit to the members of a dissolution is of paramount importance.
    (c)  If the judgment or final order shall provide for a dissolution of
  the corporation, the court may, in its discretion, provide  therein  for
  the  distribution  of  the property of the corporation to those entitled
  thereto according to  their  respective  rights.  Any  property  of  the
  corporation  described  in  subparagraph one of paragraph (c) of section
  1002-a (Carrying out the plan of dissolution and distribution of assets)
  shall be distributed in accordance with that section.
    (d) The clerk of the court or such  other  person  as  the  court  may
  direct shall transmit certified copies of the judgment or final order of
  dissolution to the department of state and to the clerk of the county in
  which  the  office  of  the  corporation  was located at the date of the
  judgment  or  order.  Upon  filing  by  the  department  of  state,  the
  corporation shall be dissolved.
    (e)  The  corporation  shall  promptly thereafter transmit a certified
  copy of the judgment or final order to the clerk of each other county in
  which its certificate of incorporation was filed.