Opinion
November 7, 1984
Appeal from the Supreme Court, Monroe County, Scudder, J.
Present — Callahan, J.P., Doerr, Denman, Boomer and O'Donnell, JJ.
Order unanimously reversed, without costs, and proceeding dismissed. Memorandum: A court acting pursuant to section 618 of the Not-For-Profit Corporation Law "should not interfere in the internal affairs of a corporation * * * unless a clear showing is made to warrant such action" ( Matter of F.I.G.H.T., Inc., 79 Misc.2d 655, 659, citing Matter of Hoe Co., 14 Misc.2d 500, aff'd. 285 App. Div. 927, aff'd. 309 N.Y. 719). Inasmuch as there is no indication that the nominating committee violated the by-laws or that the election was tainted with fraud or other wrongdoing, Special Term erred in interfering with the internal affairs of respondent.