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 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 an Article 78 proceeding in New York?
An Article 78 proceeding is used to appeal the decision of a New York State or local agency to the New York courts. What can I do if I get a decision from a New York agency that I disagree with? If you disagree with an agency decision, you can appeal the decision to the New York courts.
How do I commence a special proceeding in New York?
To commence a special proceeding you need to file the following with the County Clerk’s Office: (i) Notice of Petition or Order to Show Cause; (ii) Verified Petition; (iii) Application for Index Number form; and (iv) Request for Judicial Intervention (RJI) form.
What is an Article 78 lawsuit?
What is an Article 78 Proceeding? An Article 78 proceeding is used to appeal the decision of a New York State or local agency to the New York courts.
What is limitation period for appeals?
For appeal, in case of a decree passed by lower court in civil suit, the limitation is : Appeal to High Court – 90 days from the date of decree Or order. Appeal to any other court – 30 days from the date of Decree or order.
Do statutes of limitations apply in arbitration New York?
2d 193, 206-07 (N.Y. 1995) (“When making a threshold Statute of Limitations determination under New York law, the courts must apply the same period of limitations in arbitration that would govern if an action were brought on the claim being arbitrated.”). [6] N.Y. C.P.L.R. § 7502(b) (emphasis added).
How do I file an Article 78 in New York?
They have to be brought in the supreme court of New York State, and they are against the government body that is generally going to vigorously defend themselves against the Article 78. There is no easy form to fill out.
What is Article 59 of Limitation Act?
Article 59 of the Limitation Act applies specially when a relief is claimed on the ground of fraud or mistake. It only encompasses within its fold fraudulent transactions which are voidable transactions.
What is the Statute of limitations for an article 78 proceeding?
Since the statute of limitations for commencing an Article 78 proceeding is short, it is imperative that you consult with an attorney specializing in this area of practice as soon as possible. Failure to act within the time limits imposed by law may result in the forfeiture of your rights in the matter.
What is Article 78 of New York City law?
Article 78 is a powerful tool to appeal any Office of Administrative Trials and Hearings (“OATH”) judgments. New York City uses OATH to hear disciplinary cases brought by City agencies against civil service employees.
What does it mean to file an article 78 appeal?
Filing an Article 78 Appeal in cases related to the Division of Housing and Community Renewal, changes the forum in which the appeal will be heard. Effectively removing the appeal from the housing court where it was previously heard, and allowing it to be heard in the New York Supreme Court in the County the matter arose.
Do I have standing to bring a special proceeding under Article 78?
You must have exhausted all other remedies, such as administrative appeals, and the Article 78 proceeding must be timely commenced. Only an attorney with expertise in Article 78 proceedings can advise you with certainty as to whether you have standing to bring a special proceeding under Article 78.