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.