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MATTER OF TRI-COUNTY MEM. HOSP.

4 A.D.2d 304 (1957)

In the Matter of Tri-County Memorial Hospital, Respondent. Levant M. Himelein, Jr., Appellant; Donald Wightman, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1957.

Attorney(s) appearing for the Case

Levant M. Himelein, Jr., appellant in person.

Andrew J. Musacchio for Tri-County Memorial Hospital, respondent.

Donald Wightman, respondent in person.

Present — VAUGHAN, J. P., KIMBALL, WILLIAMS, BASTOW and GOLDMAN, JJ.

WILLIAMS, J.

This is a proceeding, brought pursuant to section 25 of the General Corporation Law, to review an election of directors of respondent Tri-County Memorial Hospital, a membership corporation. The question presented is whether the by-laws of such a corporation may validly provide that directors must be members. The Special Term Justice held that such a by-law is inconsistent with section 45 of the Membership...

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