Matter of Bray v Spring Hill Community Ambulance Corps, Inc.
2012 NY Slip Op 05167 [96 AD3d 1052]
June 27, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 1, 2012


In the Matter of Gwen Bray, Appellant,
v
Spring Hill Community Ambulance Corps, Inc., et al., Respondents.

—[*1] Michael D. Diederich, Jr., Stony Point, N.Y., for appellant.

Pillinger Miller Tarallo, LLP, Elmsford, N.Y. (Michael J. Burke of counsel), for respondents.

In a proceeding pursuant to CPLR article 78, inter alia, to annul a determination of the Spring Hill Community Ambulance Corps, Inc., dated November 18, 2010, expelling the petitioner from its membership, the petitioner appeals from a judgment of the Supreme Court, Rockland County (Jamieson, J.), entered July 17, 2011, which denied the petition and, in effect, dismissed the proceeding.

Ordered that the judgment is affirmed, with costs.

Contrary to the petitioner's contention, the Spring Hill Community Ambulance Corps, Inc., did not violate its bylaws when it expelled her from its membership (see Matter of Graebe v Board of Directors of Richmond County Country Club, 274 AD2d 429 [2000]; cf. Matter of Capossela v Wykagyl Country Club, 258 AD2d 522, 523 [1999]; Matter of Paglia v Staten Is. Little League, 38 AD2d 575 [1971]). Accordingly, the Supreme Court properly denied the petition and, in effect, dismissed the proceeding. Dillon, J.P., Balkin, Eng and Chambers, JJ., concur.