Frascati v. Irondequoit Nightstick Club, Inc.

Memorandum: Petitioner commenced this proceeding pursuant to CPLR article 78 seeking to set aside the November 3, *16032011 election of the president of respondent The Irondequoit Nightstick Club, Inc. (club) on the ground that the election was not held in accordance with the club’s bylaws. Petitioner also sought a new election for the position of president of the club. We note at the outset that the proper vehicle by which to seek a new club election is a proceeding pursuant to Not-for-Profit Corporation Law § 618, and thus we would in the usual case convert the cause of action seeking that…