Association for the Preservation of Freedom of Choice, Inc. v. Simon

Edgar J. Nathan, Jr., J.

This purports to be a proceeding under article 78 of the Civil Practice Act in which petitioner, complaining of respondent’s refusal to accept for filing and to file its certificate of incorporation as a membership corporation, seeks an order of mandamus. The proposed certificate is *1017not submitted, but it will be assumed that it is in every respect proper in form save for the absence of approval by a Justice of the Supreme Court. Such approval has been refused (Matter of Association for the Preservation of Freedom of Choice, 17 Misc 2d 1012; 18 Misc 2d 534; see, also,…