What is an Article 78 motion? Article 78 is the article of the Civil Practice Law and Rules The New York Civil Practice Law and Rules is chapter 8 of the Consolidated Laws of New York and governs legal procedure in the Unified Court System such as jurisdiction, venue, and pleadings, as well certain areas of substantive law such as the statute of limitations and joint and several lia…Civil Practice Law and Rules
How to file an article 78?
Article 78 proceeding, the limitation generally is four months from the final agency action.1 The Petition must make clear when the final agency action took place. The Petition should conclude with a demand for some form of relief. Frequently, the Petitioner will seek reversal of the agency's action
How long does a decision for an article 78 take?
Most importantly, an article 78 proceeding must be brought 4 months, or 120 days after a final agency determination. Please see below for a detailed discussion on article 78 proceedings, as well as examples of the types of cases that fall under article 78.
How long do Article 78 decisions take?
Yes. Article 78 proceedings must generally be filed within four months of the date you receive the decision you want to appeal. Check with a lawyer as soon as you can to find out if your deadline is even shorter.
What is Article 78 proceeding?
Article 78 proceedings are deemed special proceedings in the civil procedure law for New York State. They’re typically employed in a civil context because you have to go to the local Supreme Court in the county that you’re bringing the application. An Article 78 is a request for a municipality, government entity, or government agency to either do something or not do something.
Is an Article 78 a special proceeding?
One kind of special proceeding is the Article 78 proceeding, which seeks to challenge actions of administrative agencies and other government bodies. The person who files a special proceeding with the court is a petitioner.
How do I file an Article 78 proceeding in New York?
In order to properly bring an article 78 proceeding, a petitioner must have first exhausted their administrative remedies (discussed in detail below). Most importantly, an article 78 proceeding must be brought 4 months, or 120 days after a final agency determination.
What is a hearing appeal to the NY Supreme Court called?
This appeal is called an "Article 78 proceeding." It is named after the section of New York law that sets out the rules for this kind of case: Article 78 of the New York Civil Practice Laws and Rules.
How do you prove arbitrary and capricious?
[a] decision is arbitrary and capricious if the agency [1] has relied on factors which Congress has not intended it to consider, [2] entirely failed to consider an important aspect of the problem, [3] offered an explanation for its decision that runs counter to the evidence before the agency, or [4] [has offered an ...
What is an Article 75 proceeding?
A special proceeding shall be used to bring before a court the first application arising out of an arbitrable controversy which is not made by motion in a pending action. (i) The proceeding shall be brought in the court and county specified in the agreement.
Why is it difficult to take a case to the Supreme Court because?
It's difficult to take a case to the Supreme Court because the Supreme Court chooses which cases to hear and they don't choose very many. 6. If you lose a case in the trial court, you can appeal to a higher court.
How do you win a court appeal?
4 Proven Strategies to Win a Court AppealHire an Experienced Attorney. The first, and most important, thing you should do when faced with an unsuccessful court case is to contact the right attorney. ... Determine your Grounds for Appeal. ... Pay Attention to the Details. ... Understand the Possible Outcomes.
What happens if you lose an appeal?
If you win the appeal, your opponent could seek to appeal the appeal. If you win the appeal, the case might be sent back for a new trial leading to further expense. Losing the appeal may mean paying the other side's legal costs.
What is Article 78?
Under New York State court jurisdictions, Article 78 Proceeding allows residents to appeal a decision of a city or local agency. According to New York State Courts, there are three parts to Article 78 Proceedings: the Certiorari, Mandamus and Prohibition. Certiorari: a determination made as a result of a hearing at which evidence was required ...
How to know if an article 78 proceeding is right for you?
There are a couple signs that an Article 78 proceeding is right for you. There are a couple signs that an Article 78 proceeding is right for you. First, you are unhappy with a government agency’s final decision. For example, an agency decides to revoke your license.
How long does it take to file an article 78 case?
Article 78 Proceedings must be filed within four months of the date you receive the decision you want to appeal. It is mandated that Article 78 Proceedings are filed in New York State Supreme Court. Experts recommend using a specialized lawyer for Article 78 Proceedings.
Can you use Article 78 in civil court?
While there are many ways to use an Article 78 Proceeding, there are also limitations. Article 78 cannot be used in a determination of a civil action or criminal matter unless it is an order summarily punishing a contempt committed in the presence of the court, according to court guidelines.
