What is an Article 78 proceeding in New York?
What is an Article 78 Proceeding? In an Article 78 proceeding, you ask a state court to review a decision or action of a New York State official or administrative agency, such as a prison official or the Board of Parole, which you believe was unlawful.
How do I appeal an Article 78 decision?
If you disagree with an agency decision, you can appeal the decision to the New York courts. You can do so by bringing 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 Law and Rules.
Is 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.
Is the CPLR a statute?
The New York Civil Practice Law and Rules (CPLR) 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 liability The CPLR has …
What is an Article 75 proceeding?
Article 75 – (Civil Practice Law & Rules) ARBITRATION. 7502 – Applications to the court; venue; statutes of limitation; provisional remedies. 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.
What does CPLR stand for New York?
New York State Civil Practice Law and Rules
The abbreviation “CPLR” means the New York State Civil Practice Law and Rules.
Which one of the following is a disadvantage of arbitration over litigation?
There are also some disadvantages of arbitration to consider: No Appeals: The arbitration decision is final. There is no formal appeals process available. Limited Discovery: In the event that arbitration is not filed until litigation has already begun, both parties lose the cost-saving advantage of limited discovery.
Who can issue a subpoena in New York?
Subpoenas may be issued without a court order by the clerk of the court, a judge where there is no clerk, the attorney general, an attorney of record for a party to an action, an administrative proceeding or an arbitration, an arbitrator, a referee, or any member of a board, commission or committee authorized by law to …
What is the Article 72?
13 In the Constitution of India, the power of Presidential Pardon is found in Article 72. 14 Article 72 says that the President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence.
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. The Four Questions that can be Raised in an Article 78 Proceeding
How long do Article 78 decisions take?
Article 78 hearings are extremely useful because of the wide variety of cases that may be appealed. Appeals under Article 78 are permitted within 120 days or 4 months of the final City or local agency judgment. Examples of appeals of OATH decisions under Article 78 include:
What is Article 78 form?
Article 78 is the article of the Civil Practice Law and Rules (CPLR), which establishes the procedure for challenging the determinations of administrative agencies, public bodies or officers. These include every court, tribunal, board, corporation, officer, or other person, or aggregation of persons (CPLR 7802 [a]).
Can you file an article 78 proceeding against?
There are many different real world types of article 78 proceedings. In the labor and employment context, employees who work for state agencies, or municipalities often file article 78 proceedings against a decision from an Administrative Law Judge, or against their employer challenging decisions made about their employment.