Big Tree Ass'n v. Grand Lodge, Independent Order of Odd Fellows

Order unanimously affirmed without costs. Memorandum: Upon granting the reargument motion of respondent Grand Lodge, Independent Order of Odd Fellows (Grand Lodge), Supreme Court properly refused to vacate its order dissolving petitioner, a not-for-profit organization, and directing that its assets be paid to the Avon Lodge, International Order of Odd Fellows, pursuant to Not-For-Profit Corporation Law § 1005 (a) (3). Grand Lodge’s contention, raised for the first time on appeal, that petitioner’s motion for summary judgment was premature because issue had not been joined is unpreserved for…