One might also file an Article 78 in the form of a Writ of Mandamus to Compel to compel a court to issue a decision in a case or on motion when that court has taken too long to render such decision. A government litigation attorney at our New York firm can help you seek this type of remedy.
Article 78 Proceedings. 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.
An experienced Article 78 attorney at our New York firm can help you seek this type of remedy. A Writ of Prohibition seeks to force or compel a government agency or official to refrain from doing something it should not do.
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.
Civil litigation involves a legal dispute between two or more parties. Civil court lawsuits in New York involve claims for money damages or to require specific performance or refrain from doing something. Civil lawsuits can be a necessary part of running a business in New York.
You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted.
However, even a trial is subject to change as they can and are often delayed for weeks, months, or even years. Thus, litigating a case can take as little as a few days, weeks, or months, but is more likely to take years.
Note of IssueThis document is called a "Note of Issue." It's a document that lets the court know that all discovery is complete. It's a way for the court to know that the lawsuit is technically ready for trial. Once your attorney prepares and files a "Note of Issue" your case will sit on the trial calendar for many months.
Stages in Civil LitigationFiling of Plaint. The facts and summary of the case are recorded in the plaint, which is a legal document. ... Issuing of Summons. ... The appearance of the Parties to the Dispute. ... Interlocutory Proceedings. ... Written Statement. ... Examination. ... Framing of the Issues Involved. ... Documents Required.More items...•
When you "win" a civil case in court, the jury or judge may award you money damages. In some situations the losing party against whom there is a judgment (also known as a debtor), either refuses to follow the court order or cannot afford to pay the amount of the judgment.
Assuming the Defendant fails to make the payment, then the execution court can take the following measures against the Defendant: Attachment and sale of the Defendant's property (movables). Attachment of stocks, bonds and shares. Attachment and sale of land/ property.
Stages in Civil LitigationFiling of Plaint. The facts and summary of the case are recorded in the plaint, which is a legal document. ... Issuing of Summons. ... The appearance of the Parties to the Dispute. ... Interlocutory Proceedings. ... Written Statement. ... Examination. ... Framing of the Issues Involved. ... Documents Required.More items...•
Visit the court clerk It can help you to find out if anyone has filed a lawsuit against you because the court clerk can conduct a record search for any pending lawsuits or judgments. If there is a case that has been filled you must find out before the court has placed a default judgment against you.
The Summons and Complaint are filed in the office of the county clerk for the county where the case is commenced, and they are a matter of public record.
Take your written answer to the clerk's office. If you've decided to take your answer to the clerk's office in person for filing, bring your originals plus at least 2 copies. The clerk will take your documents and stamp each set of papers "filed" with the date. They will then give the copies back to you.
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.
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 ...
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.
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.
It is important to be aware that Courts will not disturb the decisions that the government or agency made unless it is illegal or the government official abused its discretion. The Court will not substitute its judgment for that of the government agency or official. It will not review the case “de novo” or from scratch.
A Law Firm practicing Civil Litigation law. Welcome to Cook, Netter, Cloonan, Kurtz & Murphy, P.C. providing legal services throughout New York State for over 100 years. Our ... Read More firm was established by Andrew J. Cook, Sr. in 1905 at
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The courts of Ulster County, New York were established by the government of New York to help residents of Ulster County resolve legal disputes which they cannot settle amongst themselves.
Jury Duty: If you an U.S. citizen, and an adult resident of Ulster County, chances are you've dealt with the courts in Ulster County by being called to jury duty, at least once in your life.
Whatever the particular circumstances leading you to have to deal with the court system in Ulster County, New York, it's highly likely that confusing legal questions are going to be involved.
Located in the Hudson Valley region of New York, Ulster County is a short drive to both New York City and Albany. It is geographically the size of Rhode Island with approximately 188,000 residents. The county seat is Kingston, which was the first capitol of New York. Ulster County is also the home of Woodstock, NY which has a vibrant art and music community. Locals enjoy the many breweries and cider houses as well the many hiking trails and other outdoor activities such as farmer’s markets and craft fairs.
Special Requirement for appointment to Ulster County positions: In accordance with Ulster County Legislative Local Law Number 14 of 2007 or by other State and Federal Statutes, candidates for employment to all Ulster County positions must obtain clearance for appointment from the Department of Criminal Justice System or other mandated Federal and State regulatory authority based upon fingerprinting and a criminal history background check.
ULSTER COUNTY IS AN AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER AND ALL CIVIL SERVICE LAW, RULES AND REGULATIONS APPLY
The Venue. Supreme Court is the principal venue for most civil litigations and trials in New York state. There are multiple judicial districts within the state, each of which is comprised of two or more counties. The 9th Judicial District includes Orange, Rockland, Dutchess, Putnam, and Westchester Counties. There are also city courts and local justice courts. Determining which level of court to file your claim depends upon the dollar amount being disputed. Cases involving equitable relief or claims in excess of $10,000.00 are filed in Supreme Court. Lower dollar amounts are filed in the city and justice courts.
Civil litigation rules are complex and the consequences are serious. An experienced, knowledgeable lawyer is absolutely vital when facing the prospect of litigation.
Civil litigation in New York can be overwhelming. While our attorneys are well-versed in all aspects of litigation, we also believe it is important for our clients to understand the process so they can contribute to the case in a meaningful way. Here is a brief overview of how a civil case in New York works.
Located in the Hudson Valley region of New York, Ulster County is a short drive to both New York City and Albany. It is geographically the size of Rhode Island with approximately 188,000 residents. The county seat is Kingston, which was the first capitol of New York. Ulster County is also the home of Woodstock, NY which has a vibrant art and music community. Locals enjoy the many breweries and cider houses as well the many hiking trails and other outdoor activities such as farmer’s markets and craft fairs.
Special Requirement for appointment to Ulster County positions: In accordance with Ulster County Legislative Local Law Number 14 of 2007 or by other State and Federal Statutes, candidates for employment to all Ulster County positions must obtain clearance for appointment from the Department of Criminal Justice System or other mandated Federal and State regulatory authority based upon fingerprinting and a criminal history background check.
ULSTER COUNTY IS AN AFFIRMATIVE ACTION/EQUAL OPPORTUNITY EMPLOYER AND ALL CIVIL SERVICE LAW, RULES AND REGULATIONS APPLY