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MATTER OF ASS'N FOR PRES. OF FREEDOM OF CHOICE v. SIMON

22 Misc.2d 1016 (1960)

In the Matter of Association for the Preservation of Freedom of Choice, Inc., Petitioner, v. Caroline Simon, as Secretary of State, Respondent.

Supreme Court, Special Term, New York County.

April 1, 1960.

Attorney(s) appearing for the Case

Edwin M. Bourke and Alfred Avins for petitioner.

Louis J. Lefkowitz, Attorney-General (Philip Kahaner of counsel), for respondent.

EDGAR J. NATHAN, Jr., J.

This purports to be a proceeding under article 78 of the Civil Practice Act in which petitioner, complaining of respondent's refusal to accept for filing and to file its certificate of incorporation as a membership corporation, seeks an order of mandamus. The proposed certificate is not submitted, but it will be assumed that it is in every respect proper in form save for the absence...

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