Opinion
March 31, 1986
Appeal from the Supreme Court, Queens County (Leviss, J.).
Judgment affirmed, with costs.
The scope of review in the instant proceeding is limited to whether the respondent, a not-for-profit corporation, conducted a disciplinary hearing in accord with its own constitution (see, Matter of Carr v. St. John's Univ., 17 A.D.2d 632, affd 12 N.Y.2d 802; Matter of Grace v. Grace Inst., 19 N.Y.2d 307; Matter of Murphy v. St. Agnes Hosp., 107 A.D.2d 685; Matter of Caso v. New York State Public High School Athletic Assn., 78 A.D.2d 41). We find that Special Term correctly determined that the petitioner was afforded procedural due process, to wit, he was furnished with a statement of the charges pending, and an opportunity to confront the individuals making those charges. Lastly, we construe the constitution of the association to require a vote of two thirds of the total number of directors to suspend a member, but not to require that all the directors be present. Therefore, there was compliance with the association's constitution. Lazer, J.P., Bracken, Brown and Kooper, JJ., concur.