Legal Opinion
Nassau Boces Central Council of Teachers v. Board of Cooperative Educational Services
New York Court of Appeals
Decided September 20, 1984PublishedCited by 132 opinions
1Opinion of the Court
OPINION OF THE COURT
Meyer, J.
When the respondent in an article 78 proceeding challenges petitioner’s standing only, it is error to dismiss the petition on the merits prior to service of respondent’s answer. The mandate of CPLR 7804 (subd [f]) that, “If the motion is denied, the court shall permit respondent to answer, upon such terms as may be just” proscribes dismissal on the merits following such a motion, unless the facts are so fully presented in the papers of the respective parties that it is clear that no dispute as to the facts exists and no prejudice will result from the failure to…
2Cases cited14 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Legal Aid Society of Sullivan County, Inc. v. ScheinmanNew York Court of Appeals · 1981
- Am Knitwear v. Exp.-Imp.New York Court of Appeals · 1976
- Rich v. LefkovitsNew York Court of Appeals · 1982
- O'HARA v. Del BelloNew York Court of Appeals · 1979
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3Cited by132 opinions
- MATTER OF ROMAN CATHOLIC DIOCESE OF ALBANY v. New York State Dep't of HealthNew York Court of Appeals · 1985
- Igbara Realty Corp. v. New York Property InsuranceNew York Court of Appeals · 1984
- Constantine v. LetoAppellate Division of the Supreme Court of the State of New York · 1990
- Matter of Better World Real Estate Group v. New York City Dept. of Fin.Appellate Division of the Supreme Court of the State of New York · 2014
- In the Matter of Katie Kickertz v. New York UniversityNew York Court of Appeals · 2015
127 more not listed; retrieve them via the Exa API.