Lunderman v. DeSapio

Appeal from an order of the Supreme Court, Albany County which dismissed the appellant’s petition in a proceeding under article 78 of the Civil Practice Act to compel the Secretary of State to file a certificate of incorporation. Order unanimously affirmed, without costs, upon the opinion of Mr. Justice Elsworth in the court below. (19 Mise. 2d 679.) Present — Foster, P. J., Coon, Gibson, Herlihy and Reynolds, JJ.