Opinion
April 2, 1992
Appeal from the Supreme Court, New York County (C. Beauchamp Ciparick, J.).
On the record before us, IAS court correctly found no evidence of fraud, substantial wrongdoing, arbitrary and capricious conduct, or abuse of discretion in defendant's suspension of plaintiff as a dog show judge for a period of one year, and thus properly refused to interfere with the internal affairs of a private corporation (see, Matter of Caso v New York State Pub. High School Athletic Assn., 78 A.D.2d 41, 48). The IAS court also correctly held that plaintiff had no standing to assert an ultra vires claim since he was not a member of defendant (see, 14 N.Y. Jur 2d, Business Relationships, § 428). Further plaintiff has failed to make a showing of State action such as would warrant a due process claim (Blum v Yaretsky, 457 U.S. 991; Matter of Smallwood v Warren, 50 A.D.2d 598) or of a contract combination or conspiracy among independent entities engaged in commercial or business pursuits that caused a competitive injury in a relevant market within this State such as to support a Donnelly Act claim (see, e.g., Associates Capital Servs. Corp. v Fairway Private Cars, 590 F. Supp. 10, 13; Primo Constr. v Swig Weiler Arnow Mgt. Co., 160 A.D.2d 379, 380).
Concur — Murphy, P.J., Carro, Wallach, Ross and Rubin, JJ.