This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Declaratory Statement With Join In King
Category:
State:
Multi-State
County:
King
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
Article 78 of the CPLR establishes the procedure for challenging the determinations of administrative agencies, public bodies, or officers.
Unfavorable agency decision, she must move quickly to make her case— the Article 78 action must be filed within four months (or sooner) of a final agency determination.
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.
Brief explanation of an article 78: 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.
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.
A Writ of Mandamus can compel a government agency or official to do something they are required by law to do. For example, one might file an Article 78 in the form of a Writ of Mandamus to Compel to compel a government agency to issue a decision on an application.
Time Limit to Bring an Article 78 Proceeding Generally the Article 78 Proceeding has to be filed within 120 days after the final agency decision. However this time period may be shorter in some circumstances. A party must act quickly to preserve his or her rights to file an Article 78 Proceeding.
Also, although it is a trial court, the Supreme Court sits as a "single great tribunal of general state-wide jurisdiction, rather than an aggregation of separate courts sitting in the several counties or judicial districts of the state." The Supreme Court is established in each of New York's 62 counties.
The Court of Appeals is New York's highest court, composed of a Chief Judge and six Associate Judges. In general, the Court of Appeals hears civil and criminal cases on appeal from the other appellate courts. Its review is generally limited to questions of law.
Other Final Disp. Pre-Note means the case has been disposed of before hte Note of Issue was filed. The case was either settled or dismissed based on a motion. I suspect the Judge granted a motion to dismiss the case based upon Misc.