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MATTER OF ROOSEVELT (CURRAN)

4 N.Y.2d 19 (1958)

In the Matter of John A. Roosevelt et al., Appellants, for Approval of the Filing of the Certificate of Incorporation of Metropolitan Republican Club, Inc. Thomas J. Curran, as Chairman of the Republican County Committee of the County of New York, Respondent.

Court of Appeals of the State of New York.

Decided February 28, 1958.

Attorney(s) appearing for the Case

Frederick T. Shea for appellants.

Paxton Blair and Alvin McKinley Sylvester for respondent.

Chief Judge CONWAY and Judges DYE, FULD, FROESSEL, VAN VOORHIS and BURKE concur in Per Curiam opinion; Judge DESMOND dissents in an opinion.

Per Curiam.

This proceeding was instituted pursuant to section 10 of the Membership Corporations Law to obtain judicial approval of the incorporation of a political club which appropriated the name of a political party and a metropolitan label. Approval has been denied by the courts below because, in their view, the consent required by the explicit provisions of the applicable section of the statute was reasonably withheld...

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