New York CPLR 103(c)
Pursuant to CPLR 103, the court has jurisdiction to determine this matter even though it is not technically the proper subject of an Article 78 proceeding.
The Court finds this matter to be the proper subject of a summary proceeding under BCL 619. In Re Schmidt, 97 AD2d 244, 468 N.Y.S.2d 663 (2nd Dept. 1983).
Respondents, the apartment corporation and some of the members of the board of directors in office prior to the aforesaid 2009 annual meeting, claim they properly terminated the meeting before the balloting was completed, as there was no quorum present, and thus they should be permitted to notice another rescheduled 2009 meeting of shareholders.
Section 103 (c) states, in pertinent part "If a court has obtained jurisdiction over the parties, a civil judicial proceeding shall not be dismissed solely because it is not brought in the proper form, but the court shall make whatever order is required for its proper prosecution. If the court finds it appropriate in the interests of justice, it may convert a motion into a special proceeding, or vice-versa, upon such terms as may be just, including the payment of fees and costs."