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Nezavisle ceske elektronicke noviny
February, 2007 .
ISSN 1093-2887 .
"Astorian is dead, President Bisek killed our newsletter".The Astoria "Bohemka" (Bohemian Citizens' Benevolent Society of Astoria, Inc.) is a secret society, a NY not-for-profit-corporation, having in its by-laws that happenings inside are an internal affair and are not permitted to be disseminated to the public. Therefore this news is based solely upon publicly available information, predominantly upon the papers in the NY Supreme Court, Queens County.
NY Supreme Court denied injunction
Freedom of the press prevails
Josef Schrabal
It appears that an "Announcement" "mailing" was made by a member with a heading "Astorian is dead, President Bisek killed our newsletter".
As much as we know, the "Astorian " is an official newsletter of the Bohemka. The Editor is elected by the membership (and we conclude therefore is an officer of the Corporation).
Board of the Corporation demanded that the contents of the Astorian must be approved by the Board prior to the mailing. Apparently, when it was not, the Board of Bohemka filed a complaint against 4 members asking the court for injunction (restraining the defendants from these alleged activities).
This case is a civil action for NON-MONETARY RELIEF. The action is currently assigned to Judge MARGUERITE A. GRAYS. The court considers this case to be a STANDARD case.
On September 27, 2006, a Request for Judicial Intervention (RJI) was filed with the Clerk's Office in connection with THE FILING OF AN ORDER TO SHOW CAUSE and was assigned to ORDER TO SHOW CAUSE PART. Based upon this filing date, the court's Standards and Goals for the processing of this type of case are as follows: the Note of Issue (NOI) should be filed by September 27, 2007 and the case should be resolved by December 28, 2008.On January 30th, 2007 an Order of the court was entered denying the motion for injunction. For details, the case papers are available to the general public. Here is a digest
Short Order Form of the NY Supreme Court, Queens County
Present: Hon. Marguerite A. Grays, SCJ
Part 4, Index no. 21116/2006 (of Nov. 14, 2006)
Bohemian Citizens' Benevolent Society of Astoria, Inc., Plaintiff
v.
Vacla Jelinek, Paul Vanya and Petr Vancura, Defendants[Part of the Order by Judge Hon. Grays: as entered 12/30/2007]
Here, it is clear that the plaintiff does not seek to preserve the status quo, and rather seeks to obtain the ultimate relief. There is no evidence that the defendants have continued, or will continue, to use the Society's letterhead, or that they have otherwise continued, or will continue, to act in a manner contrary to the Society's by laws.
In addition, there is nothing in the Society's by laws that requires the Board of Directors approval prior to the publication and dissemination of the Society's newsletter.
The court thus find that plaintiff has not established that unique or extraordinary circumstances exist or that final judgment would otherwise fail to afford complete relief, as to warrant the granting of a preliminary injunction.{More in the original Order.]
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