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MATTER OF KACHIC

98 A.D.2d 965 (1983)

In the Matter of Alan C. Kachic et al., Members of The Editorial Board of the Spectrum Student Periodical, Inc.

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

December 16, 1983

Judgment unanimously affirmed, without costs.

Memorandum:

Special Term properly disallowed the proxy vote. The by-laws state the editor-in-chief shall be elected at each annual meeting by "the members present" and that "[n]o proxy votes may be counted." Special Term was also correct in declaring Mr. Kachic the winner rather than ordering a new election. Section 618 of the Not-For-Profit Corporation Law provides that the Supreme Court may "confirm the election...

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