Malone v. Dimco Corporation

• Decision Date: 19 June 1969
• Docket Number: No. 1,1
• Citation: 302 N.Y.S.2d 1004,32 A.D.2d 875
• Parties: Application of Samuel P. MALONE, Respondent, for an Order Compelling the DIMCO CORPORATION, by Frank Dimino, President, Samuel A. Santandrea, Vice President and Treasurer, Appellants, to permit an inspection of its books and records. Appeal
• Court: New York Supreme Court — Appellate Division

Page 1004

302 N.Y.S.2d 1004

32 A.D.2d 875

Application of Samuel P. MALONE, Respondent, for an Order Compelling the DIMCO CORPORATION, by Frank Dimino, President, Samuel A. Santandrea, Vice President and Treasurer, Appellants, to permit an inspection of its books and records.

Appeal No. 1.

Supreme Court of New York, Appellate Division, Fourth Department.

June 19, 1969.

Salzman, Salzman & Lipson, Sidney J. Salzman, Rochester, for appellant.

Faraci & Guadagnino, Angelo G. Faraci, Rochester, for respondent.

MEMORANDUM.

Appeal dismissed as academic without costs. The issue in this case is the right of petitioner to inspect the books and records of the respondent corporations. Petitioner had been a director of all the corporations but subsequently failed to be re-elected a director. On the argument of the appeal we were informed that subsequent to the order appealed from a motion was made at Special Term by each of the respondent corporations to vacate and annul the order on appeal, or in the alternative, for an order granting a rehearing. That motion has now been heard and decided and petitioner is granted a hearing to determine his right to inspection. As indicated on the argument and in the briefs of the parties, this subsequent action of Special Term makes the appeal before us moot and it is therefore dismissed. (Appeal from Order of Monroe Trial Term, Ark, J., permitting inspection of books.)

Present: GOLDMAN, P.J., and DEL VECCHIO, MARSH, GABRIELLI, and MOULE, JJ.