In re the Incorporation of Gandhi Society for Human Rights

Appellate Division of the Supreme Court of New York

In re the Incorporation of Gandhi Society for Human Rights

17 A.D.2d 622, 1962 N.Y. App. Div. LEXIS 8543

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 10, 1962

StatusPublished

This text of 17 A.D.2d 622 (In re the Incorporation of Gandhi Society for Human Rights) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re the Incorporation of Gandhi Society for Human Rights, 17 A.D.2d 622, 1962 N.Y. App. Div. LEXIS 8543 (N.Y. Ct. App. 1962).

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Opinion

Application for approval of the proposed certificate of incorporation of the society pursuant to the provisions of subdivision 5 of section 280 of the Penal Law denied, with leave to renew if applicant is so advised. Section 280 of the Penal Law provides for limited exemptions from its provisions for certain benevolent or charitable organizations, or other organizations which assist persons without means. The proposed certificate of incorporation in subparagraph 3 of the paragraph denominated second goes beyond the authority conditionally allowed in the statute. Moreover, despite the declarations by those who make the application on behalf of the proposed corporation, the powers proposed to be conferred in the certificate of incorporation as presently phrased would risk unduly recurring violation of canon 35 of the Canons of Professional Ethics. It may be that the certificate can be so modified as to avoid the difficulties mentioned, or even, as a further consequence, to eliminate the necessity for approval by the Appellate Division. However, should it be necessary for the application to be renewed then the court would require that there be submitted with the application a prospectus of purposes and proposed activities to make certain that they would be lawful in all respects (Matter of Association of Freedom of Choice v. Shapiro, 9 N Y 2d 376). Concur — Breitel, J. P., Valente, McNally, Eager and Steuer, JJ.

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Application for approval of the proposed certificate of incorporation of the society pursuant to the provisions of subdivision 5 of section 280 of the Penal Law denied, with leave to renew if applicant is so advised. Section 280 of the Penal Law provides for limited exemptions from its provisions for certain benevolent or charitable organizations, or other organizations which assist persons without means. The proposed certificate of incorporation in subparagraph 3 of the paragraph denominated second goes beyond the authority conditionally allowed in the statute. Moreover, despite the declarations by those who make the application on behalf of the proposed corporation, the powers proposed to be conferred in the certificate of incorporation as presently phrased would risk unduly recurring violation of canon 35 of the Canons of Professional Ethics. It may be that the certificate can be so modified as to avoid the difficulties mentioned, or even, as a further consequence, to eliminate the necessity for approval by the Appellate Division. However, should it be necessary for the application to be renewed then the court would require that there be submitted with the application a prospectus of purposes and proposed activities to make certain that they would be lawful in all respects (Matter of Association of Freedom of Choice v. Shapiro, 9 N Y 2d 376). Concur — Breitel, J. P., Valente, McNally, Eager and Steuer, JJ.

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Bluebook (online)

17 A.D.2d 622, 1962 N.Y. App. Div. LEXIS 8543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-incorporation-of-gandhi-society-for-human-rights-nyappdiv-1962.