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MATTER OF VENIGALLA v. NORI

11 N.Y.3d 55 (2008)

2008 NY Slip Op 05956

In the Matter of SAMBASIVA RAO VENIGALLA et al., Respondents, v. DATTATREYUDU NORI et al., Appellants. ATTORNEY GENERAL OF STATE OF NEW YORK, Intervenor.

Court of Appeals of the State of New York.

Decided July 1, 2008.

Attorney(s) appearing for the Case

Hodgson Russ LLP, New York City (Daniel S. Steinberg, Joseph P. Goldberg and Jacquelyn R. Trussell of counsel), for appellants.

Chittur & Associates, P.C., New York City (Krishnan S. Chittur of counsel), for Dattatreyudu Nori and others, respondents.

Krishnamurthy Aiyer, respondent pro se.

Andrew M. Cuomo, Attorney General, New York City (Justin R. Long, Barbara D. Underwood and Benjamin N. Gutman of counsel), in his statutory capacity under Executive Law § 71.

Before: Chief Judge KAYE and Judges GRAFFEO, READ, PIGOTT and JONES concur; Judge CIPARICK taking no part.

OPINION OF THE COURT

SMITH, J.

The Hindu Temple Society of North America was incorporated in 1970 under article 9 of the Religious Corporations Law. In the same year, it adopted bylaws calling for the members of the Society to elect its trustees. Those bylaws were never implemented, and were forgotten until 2001, when petitioners rediscovered them and demanded that the prescribed elections take place. The...

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