Appeal from orders of the Supreme Court at Special Term, entered July 6, 1973 in Albany County, which granted plaintiff’s motion for a preliminary injunction and denied defendant’s motion to dismiss the complaint. In 1968, defendant United Transportation Union was formed by the unification of several railroad unions. Thereafter, by letter dated March 7, 1973, defendant’s president notified plaintiff Local 101 of the United Transportation Union of his decision to close Local 101 and transfer its members to other locals in the Albany area, effective April 1, 1973. This consolidation of the locals was allegedly undertaken for reasons of efficiency and economy and in the belief that it would result in stronger and more effective representation and membership participation within the union. Plaintiff is unalterably opposed to the merger and maintains that the president exceeded his constitutional authority by ordering the closing of Local 101. Defendant, on the other hand, insists that such a course of action was authorized under the president’s general supervisory powers, as provided in article 16 of the union’s constitution. When it became obvious after the exchange of a series of letters that the parties would remain adamant in their respective positions, plaintiff commenced this action, seeking to restrain defendant from effectuating the merger. Special Term granted the relief noted above. Defendant’s major contention on this appeal is that the court below was without jurisdiction to deal with this
