how much lawyer costs ny article 78 forum

What is an article 78 proceeding in New York State?

An Article 78 proceeding is used to appeal the decision of a New York State, City or Local Agency to the New York State Courts. What can I do if I get a decision from a New York agency that I disagree with?

How long does it take to file an article 78 case?

An Article 78 proceeding against an administrative agency, public body or officer must be commenced within four months after the determination to be reviewed becomes final and binding upon the petitioner, or after the respondent’s refusal, upon the demand of the petitioner,...

How difficult is it to pursue an appeal under Article 78?

Article 78 Proceedings can be complex both procedurally and in terms of the legal documents necessary to pursue an appeal. We often need to argue complicated issues of law in application to the facts of a particular case in pursuing an appeal, so it may be difficult for you, although not impossible, to proceed on your own.

Where can I bring an article 78 action against the Commission?

In certain circumstances, however, Article 78 proceedings against the Commission of Education can be brought in New York State Supreme Court in the county of residence of the petitioner (CPLR 506 [b] [3]).

What was the NYS liquor authority's Article 78?

The petitioner, a nightclub, brought an Article 78 proceeding against the respondent, the New York State Liquor Authority, challenging a determination of the respondent, which held that the petitioner violated certain provisions of law by serving alcoholic beverages to minors, and imposed civil penalties upon the petitioner.

What is a special proceeding under Article 78?

A proceeding brought under Article 78 is a special proceeding (CPLR 7804 [a]) and the parties to such a proceeding are referred to as “petitioners” and “respondents.”.

What is Article 78?

Properly stated, Article 78 provides the procedure in New York State for obtaining the relief previously obtained by writs of certiorari to review, mandamus or prohibition (CPLR 7801). Enacted in 1937, Article 78 is intended to supplant the three writs with a uniform procedure for obtaining the same relief . A proceeding brought under Article 78 is ...

What is the matter of Tacos Ricos Corp. v. New York State Liquor Authority?

The petitioner, a restaurant, brought an Article 78 proceeding against the respondent, the New York State Liquor Authority, seeking review of the respondent’s determination to cancel the petitioner’s liquor license, to cause the petitioner to forfeit its bond, to require the petitioner to pay a civil penalty, and to deny the petitioner’s application for renewal of its liquor license. The respondent’s determination held that the petitioner’s establishment was in violation of law because the petitioner had allowed its premises to become disorderly by virtue of having imported women to dance with customers and to serve as waitresses. The respondent was unable, however, to adduce any evidence as to how the petitioner’s act of importing women to dance with its customers or serve as waitresses constituted allowing the premises to become disorderly within the meaning of the law. The Court held in favor of the petitioner, annulled the respondent’s determination, remanded the matter to the respondent and ordered the respondent to take certain action.

What is a writ in New York?

A writ is a written judicial order to perform a specified act. In New York State, the relief previously obtained by writs of certiorari to review, mandamus or prohibition, is now obtained by bringing a special proceeding under Article 78. Certiorari is the writ by which the court reviews an action of an administrative agency, ...

What happened to the petitioner's wife?

The petitioner’s wife, suddenly and without warning, retrieved one of the petitioner’s handguns from the safe, loaded it and used it to commit suicide. The respondent then canceled the petitioner’s pistol license although the petitioner was not at fault in any way.

What is a certiorari?

Certiorari is the writ by which the court reviews an action of an administrative agency, public body or officer for the purpose of establishing whether a determination made as a result of a hearing held, and at which evidence was taken, pursuant to direction by law is , on the entire record , supported by substantial evidence (CPLR 7803 [4]).

How long does it take to file an article 78?

Most importantly, an article 78 proceeding must be brought 4 months, or 120 days after a final agency determination.

What is an article 78 appeal?

Article 78 Appeal for Property Managers: An Article 78 Appeal is an effective tool for property managers, property owners and landlords seeking back rent and rent abatements from the Division of Housing and Community Renewal “DHCR”.

Why is it necessary to distinguish between a mandamus to review and a certiorari?

It is necessary to distinguish between mandamus to review and certiorari because of the difference in the applicable standard of review. In a mandamus to review, the standard of review is whether the agency determination was arbitrary and capricious or affected by an error of law.

What is the term for a court order to compel a state body to perform a specified ministeri

At common law, this was called a mandamus , and more specifically, a mandamus to compel.

How long does it take to appeal a 78 v. DHCR decision?

Article 78 Appeal may be raised state-wide, as well as in any of the five boroughs; Manhattan, Brooklyn, Queens, Bronx, Staten Island, so long as it is with 120 days or 4 months of the final judgment by the DHCR has been issued.

What is section 7803?

According to section 7803 of the New York Civil Practice Law and Rules, the only questions that may be raised in a proceeding under this article are: whether the body or officer failed to perform a duty enjoined upon it by law; or.

What is the purpose of Article 78?

Using Article 78 to appeal an OATH Hearing: 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.

How long does it take to file an article 78?

Warning! You Have a Very Short Time to File! Generally, the maximum statute of limitations for filing an Article 78 is 4 months. However, in some cases the period is even shorter.

What is Article 78?

Article 78 Proceedings. When you are wronged by a decision made by a government agency such as a gun licensing officer, a planning board or the New York State Department of Motor Vehicles, the law permits you the right to challenge that decision in Court. The law permits you to ask a judge to order the government or a government agency to do ...

What is a CPLR in New York?

Article 78 of the New York State Civil Practice Law and Rules (CPLR) provides a mechanism for actions, or inactions, of a government agency or official to be challenged in court. There are three basic forms of relief one can seek, as our New York government litigation attorneys can explain.

Is the statute of limitations shorter in Article 78?

However, in some cases the period is even shorter. It is essential that you call an attorney who is experienced with Article 78 proceedings as soon as you receive the decision and discuss the statute of limitations issue.

How does Article 78 work?

Article 78 petitions are heard by New York Supreme Courts , the trial courts in New York State. The judge reads the papers submitted by you and the administrative agency before making a decision. Although Article 78 permits the judge to hold a hearing, this is extremely rare. As a result, petitioners who file Article 78 actions almost never actually appear in court. It is very likely that the judge will make his decision based upon the papers that you and the respondent (government agency or official) file. Because of this, it is imperative that you have an experienced Article 78 attorney assist with your filing.

How long does it take to file an Article 78 petition?

Many Article 78 petitions must be filed with the court within four months of the date that the administrative determination that you want to challenge becomes final, some filings are required within 30 days! This 30 day or four-month period is called the statute of limitations.

What does "overrule" mean in a court case?

Overrule a decision made by the officer or agency, or order it to reconsider the decision because the decision was obviously incorrect or unreasonable; was based upon an error of law; or was based upon insufficient evidence.

Can an attorney assist with Article 78?

Because of this , it is imperative that you have an experienced Article 78 attorney assist with your filing. There are some kinds of relief that you can ask the court to give you even before it hears your Article 78 petition.

Can a petitioner file an article 78?

As a result, petitioners who file Article 78 actions almost never actually appear in court. It is very likely that the judge will make his decision based upon the papers that you and the respondent (government agency or official) file.