Opinion
January 16, 1976
Appeal from the Erie Supreme Court.
Present — Marsh, P.J., Moule, Cardamone, Simons and Witmer, JJ.
Order unanimously affirmed, with costs, and complaint dismissed without prejudice. Memorandum: Plaintiffs are dentists who seek to enjoin defendants, officers of a professional society to which plaintiffs belong, from holding allegedly biased hearings to determine whether the plaintiffs have violated the society's ethical standards. The charges preferred against plaintiffs are based upon their employment at a dental clinic which provides dental services under prepaid dental contracts. However, no determination of unethical conduct as set forth in the "Principles of Ethics" of the society has been made; nor has any disciplinary sanction been imposed. Therefore, the plaintiffs have not exhausted their internal, administrative remedies, and their action is premature as a matter of law (Thomas v Musical Mut. Protective Union, 121 N.Y. 45; Reid v Medical Soc. of County of Oneida, 162 App. Div. 923; Moyse v New York Cotton Exchange, 143 App. Div. 265, 268; Gillman v Tenth Dist. Dental Soc. of State of N.Y., 25 Misc.2d 457, app dsmd 10 A.D.2d 700). Plaintiffs have also failed to allege or establish any "state action" by defendants upon which equitable relief enforcing the due process clause of the Fourteenth Amendment could be predicated (see Moose Lodge No. 107 v Irvis, 407 U.S. 163, 171-177; Matter of Salter v New York State Psychological Assn., 14 N.Y.2d 100, 104-106).