What is Article 78 in NYS?
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.
What is an Article 78 petition?
An article 78 proceeding describes when an individual (the petitioner) asks a state court to review a decision or action of a New York State body or officer.
Where do I file an Article 78?
You usually have to file your Article 78 proceeding in the New York State Supreme Court. Each county has its own Supreme Court. The Supreme Court is usually located at the County Courthouse.
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.
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 …
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 …
How do you stay in arbitration in New York?
An application to stay arbitration must be made by the party served within twenty days after service upon him of the notice or demand, or he shall be so precluded. Notice of such application shall be served in the same manner as a summons or by registered or certified mail, return receipt requested.
Which one of the following is a disadvantage of arbitration over litigation?
Terms in this set (10) Which one of the following is a disadvantage of arbitration over litigation? Arbitrators often are unspecialized and do not know about the subject matter they are arbitrating.
When was the CPLR enacted?
The CPLR was adopted by the New York Legislature in 1962 and went into effect on September 1, 1963.
What is a capricious person like?
Capricious is an adjective to describe a person or thing that’s impulsive and unpredictable, like a bride who suddenly leaves her groom standing at the wedding altar. A scared person makes sudden starts this way and that, just as a capricious person does.
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
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.
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]).
What is an article 78 petition?
An article 78 proceeding describes when an individual (the petitioner) asks a state court to review a decision or action of a New York State body or officer.