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ASSN. FOR PSYCHOANALYSIS v. SIMON

21 A.D.2d 209 (1964)

Association for Psychoanalysis, Inc., Respondent, v. Caroline K. Simon, as Secretary of State of The State of New York, Appellant

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

May 27, 1964.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Edward Siegfried and Paxton Blair of counsel), for appellant.

Lyman Stansky for respondent.

GIBSON, P. J., REYNOLDS, AULISI and HAMM, JJ., concur.

TAYLOR, J.

Petitioner presented to the Secretary of State for filing a certificate of incorporation pursuant to the Membership Corporations Law which had been approved, as required, by a Justice of the Supreme Court. The Secretary of State refused to file it on the ground that the consent of the Commissioner of Education had not been indorsed thereon. In this article 78 [Civ. Prac. Act] proceeding Special Term has directed its filing without indorsement...

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