MTR. ASSN. FREEDOM OF CHOICE v. SHAPIRO


9 N.Y.2d 376 (1961)

In the Matter of Association for the Preservation of Freedom of Choice, Inc., Appellant, v. J. Irwin Shapiro, as Acting Justice of the Supreme Court, Queens County, Respondent. In the Matter of Association for the Preservation of Freedom of Choice, Inc., v. Caroline K. Simon, as Secretary of State, Respondent.

Court of Appeals of the State of New York.

Decided March 30, 1961.


Attorney(s) appearing for the Case

Alfred Avins, Edwin M. Bourke and William J. Neilan for appellant.

Louis J. Lefkowitz, Attorney-General (Dunton F. Tynan and Paxton Blair of counsel), for respondents.

Chief Judge DESMOND and Judges DYE, FULD and VAN VOORHIS concur with Judge FOSTER; Judge BURKE dissents in an opinion, as to proceeding No. 1, in which Judge FROESSEL concurs in a separate opinion in which Judge BURKE also concurs.


FOSTER, J.

These consolidated appeals, brought on constitutional grounds, involve two applications: (a) one made by petitioner-appellant and its New York subscribers to incorporate as a domestic membership corporation under section 10 of the Membership Corporations Law; (b) an application made to the Secretary of State to accept and file a certificate of incorporation which does not have the approval of a Justice...

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