Opinion
February 25, 1952.
Proceeding pursuant to article 78 of the Civil Practice Act for an order directing appellants to permit respondent to examine the books, records and papers of appellant corporation on the ground that respondent is a director of said corporation. The appeal is from an order determining the proceeding in favor of respondent. Order reversed on the law and the facts, with $10 costs and disbursements, and petition dismissed, without costs. Respondent was removed as a director of appellant corporation prior to the making of the order under review, albeit after the institution of this proceeding. Upon being relieved of his duty to participate in the direction of the corporation's affairs, he no longer had the status which would entitle him absolutely to the examination. (Cf. Matter of Bellman v. Standard Match Co., 208 App. Div. 4. ) Nolan, P.J., Carswell, Wenzel, MacCrate and Schmidt, JJ., concur.