Vellios v. Serio

*488OPINION OF THE COURT

Michael V. Ajello, J.

In this CPLR article 78 proceeding, respondent IPRO moves to dismiss the petition upon the ground that this is not a proper article 78 proceeding and even if it were, petitioner cannot meet the “arbitrary and capricious” standard. The argument is made that article 78 is designed to be used for seeking mandamus against instrumentalities of the state or state officials, or disputes by members against membership corporations, not-for-profit associations or co-op boards regarding applications of mutually agreed upon rules or internal corporate governance…