where to serve ny state attorney general for article 78 actions

Where do I file an article 78 in New York State?

Mar 07, 2017 · An Article 78 proceeding against a justice of the New York State Supreme Court or a judge of a county court must be commenced in the Appellate Division in the judicial department where the action, in the course of which the matter sought to be enforced or restrained originated, is triable, unless a term of the Appellate Division in that ...

What is an article 78 proceeding?

May 21, 2009 · General Counsel An Overview of Article 78 Practice and Procedure WITH William H. Bristow III, Deputy Section Chief State of New York Office of the Attorney General Litigation Bureau 2.0 Professional Practice May 21, 2009 10:30 a.m. -12:30 p.m. 40 N. Pearl Street Albany, New York 12243

How to review administrative action in New York State?

2015 New York Laws CVP - Civil Practice Law & Rules ... Article 78 - (Civil Practice Law & Rules) PROCEEDING AGAINST BODY OR OFFICER 7804 - Procedure. NY CPLR ... the order to show cause or notice of petition must be served upon the attorney general by delivery of such order or notice to an assistant attorney general at an office of the ...

Where is the New York City managing attorney office located?

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. Most people ask us about this kind of case after they have received an unfavorable hearing decision in a case involving the Department of Social Services (DSS) or a housing authority.

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.

How do I appeal an Article 78 decision?

Article 78 proceedings must generally be filed within four months of the date you receive the decision you want to appeal. Check with a lawyer as soon as you can to find out if your deadline is even shorter.

How do I commence a special proceeding in New York?

You start a special proceeding (and satisfy the statute of limitations) by filing a Petition with the County Clerk. whether a Notice of Petition or OSC is used. time to complete the OSC procedure and file within your statute of limitations.

What is an Article 78 proceeding quizlet?

What is an Article 78 proceeding? A judicial appeal.

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 ...Oct 29, 2020

What can you do if you disagree with a court decision?

Overview. If you disagree with the decision reached after your trial, you can file an “appeal.” An “appeal” is a request to have a higher court change or reverse a judgment of a lower court. When you appeal, the entire case is reviewed by a higher court.

What is a verified petition New York?

“A verification is a statement under oath that the pleading is true to the knowledge of the deponent .…” CPLR § 3020 (a). The verification makes the pleading sworn and, therefore, is the equivalent of an affidavit and may be used for the same purposes.Oct 5, 2020

What is an Article 75 petition?

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 is a notice to admit NYC?

A sample notice to admit (also known as a request for admissions) for a party to use in a civil action in New York State Supreme Court under Civil Practice Law and Rules (CPLR) 3123.

What is an Article 78 proceeding?

1. 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.

Which of the following tasks may an unlicensed assistant legally perform?

According to the policy, unlicensed assistants may perform the following activities: Answer the phone and forward calls to licensee. Transmit listings and changes to a multiple listing service. Follow up on loan commitments after a contract has been negotiated.Apr 21, 2020

Under what circumstances does New York allow dual agency and what is it called?

Under what circumstances does New York allow dual agency and what is it called? Upon executing the mandatory Designated Agency Agreement, this is called designated dual agency. Only with disclosure and informed consent, this is known as consensual dual agency.

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 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.

What is a writ of certiorari?

At common law, this was called certiorari. Pursuant to a writ of certiorari the court reviews an agency decision or determination ...

What is the standard of review in a mandamus?

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. This is in contrast to the standard of review discussed above for certiorari, which is substantial evidence test.

What are the three causes of action?

At common law, there were three causes of action: mandamus, certiorari, and prohibition.