Flynn v. Ensign Ribbon Burners, Inc.

The proceeding is brought under article 78 of the Civil Practice Act to compel reinstatement of petitioner as a director of a domestic stock corporation, from which office, Ms petition alleges, he was illegally removed before the expiration of his term of office.

*423Motion is made for dismissal of the petition as a matter of law upon the grounds that the petition and attached affidavit of petitioner’s attorney do not state facts sufficient to warrant the relief sought, and that the court does not have jurisdiction of the subject matter of the proceeding.

The petition and affidavit state that…