Mercado v. Scribner

This proceeding under article 78 of the CPLR was brought, inter alia, to declare the action of respondent Scribner appointing the other two respondents as trustees of the New York City Community School Board, District 1, null and void; and the appeal is from an order of the Special Term in Kings County which denied the application and dismissed the petition.

The appeal involves the issues (1) whether the petitioners have standing to bring the proceeding and (2) whether respondent Scribner has the power and authority to take the course of action that he did.

It appears that, following the…