Gosine v. Sahabir
Decision Date | 31 January 2012 |
Citation | 91 A.D.3d 910,937 N.Y.S.2d 316,2012 N.Y. Slip Op. 00751 |
Parties | Vena GOSINE, et al., respondents, v. Mohan SAHABIR, et al., appellants. |
Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Wenig Saltiel & Johnson, LLP, Brooklyn, N.Y. (Leslie Perez of counsel), for appellants.
Pliskin Rubano & Baum, Flushing, N.Y. (Joseph D. Vitulli of counsel), for respondents.
DANIEL D. ANGIOLILLO, J.P., ANITA R. FLORIO, CHERYL E. CHAMBERS, and L. PRISCILLA HALL, JJ.
In an action, inter alia, for declaratory and injunctive relief, the defendants appeal (1), as limited by their brief, from so much of an order of the Supreme Court, Queens County (Hart, J.), dated September 24, 2010, as, sua sponte, appointed a receiver to immediately take control of the subject religious corporation, and to operate, control, and oversee all of its business affairs until an election of a new board of trustees, (2), as limited by their brief, from so much of an order of the same court dated January 31, 2011, as granted the plaintiffs' motion, among other things, to confirm the results of a purported election, and (3) from stated portions of an order of the same court dated March 11, 2011, which, inter alia, denied, as academic, their motion to disqualify the plaintiffs' counsel, and denied, as academic, their cross motion pursuant to 22 NYCRR 130–1.1 to impose sanctions on the plaintiffs and their attorney.
ORDERED that one bill of costs is awarded to the defendants.
The Supreme Court improvidently exercised its discretion in, sua sponte, appointing a receiver to operate the business affairs of Sanatan Dharma Maha Sabha of the West Indies, Inc. (hereinafter SDMS), until an upcoming election of the board of trustees, since no party asked for that relief, and there was no evidence that SDMS's assets were susceptible to waste or that such a drastic remedy was warranted ( see Quick v. Quick, 69...
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Sesina v. Joy Lea Realty, LLC
...to the Supreme Court, Kings County, for a determination of plaintiff's cross motion on the merits (see Gosine v. Sahabir, 91 A.D.3d 910, 911, 937 N.Y.S.2d 316 ; Hunter Sports Shooting Grounds, Inc. v. Foley, 73 A.D.3d 702, 705, 901 N.Y.S.2d 92 ).Based on the foregoing, the Supreme Court sho......
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Bd. of Managers of Golfview Condo. I v. Island Condo Mgmt. Corp.
...entities sought such relief, and there is no evidence that such a drastic remedy was warranted ( CPLR 6401[a] ; see Gosine v. Sahabir, 91 A.D.3d 910, 911, 937 N.Y.S.2d 316 ; Quick v. Quick, 69 A.D.3d 828, 829, 893 N.Y.S.2d 583 ; Sycamore Realty Corp. v. Matone, 40 A.D.3d 843, 844, 836 N.Y.S......