New York Court of Appeals

In the Matter of Nassau Boces Central Council of Teachers, by Its President, Robert Drearer

September 20, 198463 N.Y.2d 100

Summary

The New York Court of Appeals reversed the Appellate Division and remanded, holding that in an article 78 proceeding a court may not dismiss on the merits before the respondent files an answer when the only issue raised is standing, absent a full factual record showing no dispute.