Matter of Hines v McAdory

[*1] Matter of Hines v McAdory 2007 NY Slip Op 51373(U) [16 Misc 3d 1110(A)] Decided on July 9, 2007 Supreme Court, New York County Stallman, J. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on July 9, 2007
Supreme Court, New York County

In the Matter of the Application of William E. Hines, Petitioner, For a Judgment under Article 78 of the Civil Practice Law and Rules

against

John T. McAdory, Doris Browne, Nathaniel H. Murdock, Beverly M. Gaines, and Ronald S. Weaver, as constituting the "Judicial Council" of the NATIONAL MEDICAL ASSOCIATION, , Respondent.



101544/07

Michael D. Stallman, J.

In this proceeding pursuant to CPLR article 78, petitioner William E. Hines challenges determinations by respondent, Judicial Council of the National Medical Association ("NMA") which temporarily suspended him from the NMA Board of Trustees, and seeks an accounting of all actions taken by the Board of Trustees during his suspension.

BACKGROUND

Petitioner is a physician. NMA is a New Jersey not-for-profit corporation of African American physicians and health care professionals.

This is the second proceeding commenced by petitioner in this Court stemming from his efforts to assume the position of Chair of the NMA Board of Trustees. The petition in this proceeding and the Complaint in the related action, entitled National Medical Assn. & Hines v Britton, Sup Ct, NY County, Index No. 117627/06 (the "main action"), allege, inter alia, that Hines is a member of the NMA and a Trustee of Region V. The pleadings further state that Hines was unanimously elected Chair of the NMA Board of Trustees at a specially convened meeting of the Board of Trustees in Dallas Texas, on November 15, 2006. The main action allegedly stems from the refusal of the outgoing Chair, Carolyn B. Britton ("Britton"), to relinquish the position to Hines. The related action is finally determined simultaneously with this proceeding by a separate decision.

The petition in this proceeding challenges respondent's December 28, 2006 determination to temporarily suspend Hines as a member of the Board of Trustees, inter alia, for bringing the main action on behalf of NMA to replace Britton, and requests an order requiring respondent to disclose to Hines information concerning the actions of the Board of Trustees during his suspension.

Respondent opposes the petition on several grounds, including that it is rendered moot by [*2]the rescission of petitioner's suspension and the disclosure of the requested information.

The petition must be dismissed because the Court lacks subject matter jurisdiction over the proceeding. CPLR 7804(b) directs that an Article 78 proceeding must be brought in the Supreme Court in the county specified in CPLR 506(b). Pursuant to CPLR 506(b),

A proceeding against a body or officer shall be commenced in any county within the judicial district where the respondent made the determination complained of or refused to perform the duty specifically enjoined upon him by law, or where the proceedings were brought or taken in the course of which the matter sought to be restrained originated, or where the material events otherwise took place, or where the principal office of the respondent is located ... .

This Court has no subject matter jurisdiction over a New Jersey not-for-profit corporation for acts that took place outside New York State.

Accordingly it is

ADJUDGED that the petition is denied and the proceeding is dismissed.

This constitutes the decision and judgment of the Court.

Dated: July 9, 2007

New York, New YorkENTER:

s/

___________________

J. S. C.