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MATTER OF CYLICH v. RIVERBAY CORPORATION

3115, 260294/09.

74 A.D.3d 646 (2010)

904 N.Y.S.2d 39

In the Matter of BERNARD CYLICH et al., Petitioners, v. RIVERBAY CORPORATION, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 22, 2010.

Regardless of whether the proceeding was improperly transferred pursuant to article 78, the Court retains jurisdiction in the interest of judicial economy (see e.g. Matter of Whyte v Horn, 38 A.D.3d 362 [2007]).

Petitioners are resident shareholders of respondent, a residential cooperative corporation, which houses about 55,000 people. After being disqualified as candidates in the 2009 election

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