Carson v. Nyquist

Petitioner seeks a judgment pursuant to article 78, CPLR, annulling and setting aside the determination and order made by respondent Acting Commissioner of Education, wherein he dismissed an appeal by petitioner from the results of an election of members of the board of trustees of respondent Mid-Hudson Libraries. It is also sought to annul the purported election to the board of the respondent. Altman Lampe, and that petitioner be declared to have been duly elected to the said office. Respondent Acting Commissioner has cross-moved for an order dismissing the petition for failure to state…