Opinion
May 3, 1982
Proceeding pursuant to CPLR article 78, inter alia, to review a determination of the Suffolk County Medical Society, Inc. which found no basis to impose disciplinary measures against its member respondent William Diefenbach, M.D., proceeding dismissed, without costs or disbursements. A physician may bring a CPLR article 78 proceeding to challenge his expulsion from, or denial of admission to, a medical society upon a showing of "economic necessity" for membership. ( Matter of Salter v. New York State Psychological Assn., 14 N.Y.2d 100, 106-107; Matter of Kurk v Medical Soc. of County of Queens, 46 Misc.2d 790, 795, revd on other grounds 24 A.D.2d 897, affd 18 N.Y.2d 928; Dietz v. American Dental Assn., 479 F. Supp. 554, 557.) However, in this case the determination was in favor of the member physician and the complainant-petitioner does not qualify among those parties who would be personally aggrieved thereby. (See Matter of Donohue v Cornelius, 17 N.Y.2d 390, 396.) Accordingly, the petitioner does not have standing to bring the instant proceeding and dismissal is required. (See Matter of Colon v. Kirby, 81 A.D.2d 638.) Damiani, J.P., Lazer, Mangano and Gulotta, JJ., concur.