DACHILLE v. BATCHELOR


19 A.D.3d 1065 (2005)

796 N.Y.S.2d 301

LAZARO DACHILLE et al., Appellants, v. ROBERT A. BATCHELOR et al., as Officers and Trustees of Chili Memorial Post 412, Veterans of Foreign Wars of the United States, Inc., Respondents.

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

June 10, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court. We add only that, as the court properly determined, the five percent representation requirement of Not-For-Profit Corporation Law § 623 (a) applies to actions brought pursuant to Not-For-Profit Corporation Law § 720 (b) (3) (see Hoffert v Dank, ...

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