Form with which the secretary of a corporation notifies all necessary parties of the date, time, and place of a special meeting of stockholders.
Form with which the secretary of a corporation notifies all necessary parties of the date, time, and place of a special meeting of stockholders.
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.
Proof of service shall specify the papers served, the person who was served and the date, time, address, or, in the event there is no address, place and manner of service, and set forth facts showing that the service was made by an authorized person and in an authorized manner.
The documents that need to be filed with the court to commence court proceedings depend on the type of claim, but the most common documents that will need to be sent to the court are a Claim Form and Particulars of Claim. The Claim Form will contain a brief description of the claim and the remedy you are seeking.
Appeals under Article 78 are permitted within 120 days or 4 months of the final City or local agency judgment.
A special proceeding is a variety of lawsuit. It is bought on with the simplicity and speed of a motion. The special proceeding may be used only when authorized by law. One kind of special proceeding is the Article 78 proceeding, which seeks to challenge actions of administrative agencies and other government bodies.
If substituted or nail and mail service were used, the affidavit of service must be filed with the County Clerk within 20 days of the date of service.
Some examples of when an Article 78 in the form of a Mandamus to Review would be used are such things as the denial of a request for a rent increase in a rent stabilized housing unit, the denial of pistol permit applications, a guilty finding in a DMV Traffic Violations Bureau hearing, and a finding of child abuse or ...
Is there a time deadline for filing an Article 78 proceeding? Yes. Article 78 Proceedings must be filed within four months of the date you receive the decision you want to appeal.
The EGM is convened at an irregular time to address a crisis. All matters transacted at an EGM are deemed special. For example, the removal of a top executive might constitute the agenda of an extraordinary general meeting.
For example, a company may call a special meeting to discuss a major decision, such as a merger or acquisition. A school board may call a special meeting to address a specific issue, such as a budget shortfall.