In Anderson v. Board of Directors of Powelton Club, 183 Misc 2d 200, 702 NYS2d 762 [Sup. Ct., Orange County 1999], the not-for-profit Club's bylaws provided that "the procedures for the hearing and determination of complaints against members shall be prescribed by the Board of Directors." (702 NYS2d at 763).
The Club had written hearing procedures which provided for:
"(1) written notice of the date, time, and place of any Misconduct Hearing at least four (4) days prior to the date of the hearing; (2) the right for the complainant and the respondent to be present at the hearing; and (3) to testify, call witnesses, and examine any witness at the hearing; and (4) written notification of the determination of the Board." (Id. at 763).
In vacating the determination to suspend the plaintiff, the Court held that the "informal meetings between the Club President and the petitioner did not satisfy the fundamental due process requirement of the Not-For-Profit Corporation Law and did not substantially' comply with the By-Laws and Rules of the Club." (Id. at 202).