Two Roosevelt library board members, replaced as president and vice president by a vote of their three colleagues in July, are asking the courts to void that action.
Francis Abel Jr. and Wilton Robinson Jr. are seeking an order from state Supreme Court Justice Thomas Feinman to regain their positions.
"The action taken by the other three members was not legal," Robinson, the former board vice president, said in an interview. "We weren't notified of the meeting and what it was about."
The three trustees, Emarinsie Funderburke-Ivey, Bola Majekodunmi and the Rev. Jerome Taylor, did not return calls for comment.
Their attorney, Roslyn lawyer Steven Leventhal, has asked that the court order be dismissed because proper procedure was not followed by Abel and Robinson, who filed their court action without a lawyer.
"Petitioners failed to comply with the service [of the court action] requirements . . . and failed to obtain jurisdiction over the respondents," Leventhal said in a court filing.
A court date in the case has been set for Nov. 12.
On July 22, Taylor, who was elected to the board in December, joined with Majekodunmi and Funderburke-Ivey to replace Abel and Robinson with Majekodunmi and Funderburke-Ivey, as president and vice president, respectively. Abel and Robinson remain on the board as trustees.
This action came at a special trustee meeting to which the two said they were not invited. It also followed shortly after the other three returned from a conference trip to Las Vegas. Each side has accused the other of mismanagement of the library. The library is being audited by the state comptroller's office, but a report is not expected before December, said officials there.