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IN THE MATTER OF EDGEWATER POINT PROPERTY OWNERS' ASSOCIATION, INC.

4 A.D.3d 526 (2004)

771 N.Y.S.2d 722

In the Matter of EDGEWATER POINT PROPERTY OWNERS' ASSOCIATION, INC., Respondent. 9394, LLC, et al., Appellants, et al., Respondent.

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

February 23, 2004.

Ordered that the order is affirmed, with costs.

Pursuant to the Not-for-Profit Corporation Law, a petition for the judicial dissolution of a not-for-profit corporation may be presented by 10% of the total number of members (see N-PCL 1102 [a] [2]). Since the petitioners do not comprise 10% of the total number of members of the Edgewater Point property Owners' Association, Inc., they do not have standing to commence this proceeding. Therefore, the Supreme Court...

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