Opinion
March 29, 1943.
Proceeding under article 78, Civil Practice Act, for an order directing the respondents to admit the petitioner and others similarly situated, to membership in the respondent corporation, and for a stay of a special meeting. Order reversed on the law, with ten dollars costs and disbursements, and the appellant's motion granted to the extent of directing respondents to accept the memberships, but denied as to a stay; and respondents' motion to dismiss the petition denied, without costs. Under the by-laws now in force there is no authority for refusing membership in the respondent corporation to qualified persons. Close, P.J., Hagarty, Johnston, Adel and Taylor, JJ., concur.