New York How to Commence a Special Proceeding is a legal process that is used to address issues and disputes that are outside the scope of a traditional civil litigation. This process is often used to resolve matters such as guardianship, partition of real estate, and foreclosure. Generally, there are four steps to commencing a special proceeding in New York: (1) filing a petition or complaint with the court; (2) serving the opposing party with a summons; (3) filing an affidavit of service; and (4) filing an answer to the petition or complaint. The different types of New York How to Commence a Special Proceeding include: Guardianship, Partition of Real Estate, Foreclosure, Enactment, Discovery, and Interpleader. Each of these proceedings have their own unique requirements and processes that must be followed in order to successfully complete the process.
New York How to Commence a Special Proceeding
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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.
To commence an e-filed action or special proceeding, a summons and complaint or summons with notice in an action, or a petition in a special proceeding shall be filed with the County Clerk through NYSCEF by uploading the documents to the NYSCEF site in PDF-A format.
A Special Proceeding provides an abbreviated telephonic hearing for parties with claims of $50,000 or less, exclusive of interest and expenses.
New York law requires that papers commencing a special proceeding must be filed with the County Clerk and that an identifying number, an Index Number, be obtained. The petitioner should go to the County Clerk's Office (Room 118). The petitioner will have to purchase an Index Number from the cashier (cost $210.00).
Article 78 proceedings are lawsuits mainly used to challenge an action (or inaction) by agencies of New York State and local governments. Article 78 proceedings are also sometimes filed against judges, tribunals, boards, and even private companies whose existence is based on statutory authority.
A special proceeding can only be used where it is specifically authorized by a statute. There are a number of these, but generally, they relate to challenging the action or determination of a governmental officer or agency. See, Civil Practice Law and Rules (CPLR for short) Article 78.
Article 78 proceedings are lawsuits mainly used to challenge an action (or inaction) by agencies of New York State and local governments. Article 78 proceedings are also sometimes filed against judges, tribunals, boards, and even private companies whose existence is based on statutory authority.
An answer must be served at least five days before the hearing date. Depending on the particular rules of the presiding judge, parties to a CPLR Art. 78 proceeding may be able to participate in oral argument on the return date. There are significant limitations associated with CPLR Art.