An appellate court in New York has dismissed a claim to set aside the election of the president a nonprofit club on the ground that the election was not held in accordance with the club’s bylaws. The trial court had held that the dispute over the election for president of the Irondequoit Nightstick Club should be dismissed. On appeal, the Appellate Division held that the case should be dismissed as moot because the next election had already taken place and there was no basis on which to continue the controversy. ( In the Matter of Frascati v. Irondequoit Nightstick Club, Supreme Ct., NY, App. Div. Fourth Dept., 12/21/12 .) You Need to Understand…. The frequent futility of litigation.