What is an Article 78 lawsuit?

What is an Article 78 lawsuit?

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.

Can Article 78 decision be appealed?

Yes. 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.

What is an Article 78 proceeding quizlet?

What is an Article 78 proceeding? A judicial appeal.

What does arbitrary and capricious mean?

Challenging a Regulator’s Actions – The ”Arbitrary and Capricious” Standard. Black’s Law Dictionary defines “arbitrary and capricious” as “[a] willful and unreasonable action without consideration or in disregard of facts or law.” Admittedly, this is a tough burden for the challenger.

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 …

What is a broker guilty of if he or she employs a salesperson who is not properly licensed?

A. A broker will be guilty of a misdemeanor if he or she employs a salesperson who is not properly licensed.

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.

What is a capricious decision?

capricious. adv., adj. unpredictable and subject to whim, often used to refer to judges and judicial decisions which do not follow the law, logic or proper trial procedure.

What is a capricious action?

A clear error of judgment; an action not based upon consideration of relevant factors and so is arbitrary methods, capricious, an abuse of discretion or otherwise not in accordance with law or if it was taken without observance of procedure required by law.

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.

How do I cite the Federal arbitration Act?

“title 9 of the United States Code, entitled ‘Arbitration’, is codified and enacted into positive law and may be cited as ‘9 U.S.C., § —’ ”. Act July 30, 1947, ch. 392, § 2, 61 Stat.

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 the difference between an article 78 and mandamus?

The purpose of an Article 78 proceeding in the nature of certiorari is to seek judicial review. Mandamus is the writ by which the court makes a finding as to whether an administrative agency, public body or officer failed to perform a duty enjoined upon it by law (CPLR 7803).

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

Article 78 proceedings against the New York City Tax Appeals Tribunal must be commenced in the Appellate Division of the New York State Supreme Court, First Department (CPLR 506 [b] [4]). How long do I have to bring an Article 78 proceeding?

What types of judgments are awarded under Article 78?

What types of judgments are awarded under Article 78? In an Article 78 proceeding, the court can render a judgment granting the petitioner the relief to which he is entitled, or the court may dismiss the proceeding either on the merits or with leave to renew.