Kane v. Board of Trustees of Great Neck Library

*353OPINION OF THE COURT

George A. Murphy, J.

This CPLR article 78 proceeding is a case of first impression involving a dispute between the trustees* of a not-for-profit corporation over the effects of the resignations and the withdrawal of those resignations by three of the trustees.

On April 5, 1995, petitioners Kane, Bernstein and Zarin each submitted to the director of the Great Neck Public Library separate written resignations from their positions as trustees of the Library. Bernstein’s resignation was sent to the Library by facsimile at 4:34 p.m. and was "effective immediately,” while Zarin’s…