Opinion
July 1, 1993
Appeal from the Supreme Court, New York County (Beverly S. Cohen, J.).
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 Scipioni v. Young Women's Christian Assn., 105 A.D.2d 1113; Matter of F.I.G.H.T., Inc., 79 Misc.2d 655, 659). On such applications, a hearing is required only where issues of fact material to the determination are raised (see, Matter of Faraldo v. Standardbred Owners Assn., 63 A.D.2d 1010). Here, plaintiff has failed to demonstrate that the defendants acted in violation of the organization's constitution and by-laws. In addition, section 621 of the Not-For-Profit Corporation Law provides that where, as in this case, inspectors have been appointed to oversee the election, any report or certificate made by them shall be prima facie proof of the facts stated and of the vote as certified by them. The conclusory allegations and innuendo offered by plaintiff in support of the petition fail to raise an issue of fact sufficient to rebut this prima facie showing.
Concur — Carro, J.P., Ellerin, Rubin and Nardelli, JJ.