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MATTER OF GAY ACTIVISTS ALLIANCE v. LOMENZO

31 N.Y.2d 965 (1973)

In the Matter of Gay Activists Alliance, Respondent, v. John P. Lomenzo, as Secretary of State of the State of New York, and ano., Appellants.

Court of Appeals of the State of New York.

Decided January 11, 1973.

Attorney(s) appearing for the Case

Louis J. Lefkowitz, Attorney-General (Thomas P. Zolezzi and Ruth Kessler Toch of counsel), for appellants.

Harold M. Weiner for respondent.

Eldon V. C. Greenberg for New York Civil Liberties Union, amicus curiae.

Chief Judge FULD and Judges BURKE, JASEN, GABRIELLI, JONES and WACHTLER concur in Per Curiam opinion; Judge BREITEL taking no part.

Per Curiam.

The Not-For-Profit Corporation Law mandates the Secretary of State to accept for filing a certificate of incorporation which meets the formal requirements of the statute and sets forth corporate purposes that are lawful. Since in the present case the appellants acknowledge that the formal requirements were complied with and that the purposes for which the corporation is to be formed offend against no law...

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