New York How to Start a Special Proceeding is a process in which a party initiates a special court proceeding through the filing of a petition or application. It is a specialized procedure used in certain cases, such as to obtain a court order to appoint a guardian for a minor or incapacitated person. There are several types of special proceedings in New York. These include: guardianship proceedings, adoption proceedings, support proceedings, probate proceedings, and proceedings for the appointment of an administrator for a deceased person. In order to initiate a special proceeding, a party must file a petition or application with the court. The petition or application must include a detailed description of the nature of the special proceeding, the reasons why it is necessary, and the relief requested. The court will then set a hearing date and issue a court order if the petition is approved. After the hearing, the court will make a decision on the request, and if approved, will issue a final order.
New York How to Start a Special Proceeding
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How to fill out New York How To Start A Special Proceeding?
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FAQ
An Article 78 proceeding can be used to challenge a wide range of government actions: Challenge a State or City agency regulation or policy. Appeal the denial of a license. Prohibit government official from acting in violation of law or outside the scope of her authority.
To commence a special proceeding you need to file the following with the County Clerk's Office: (i) Notice of Petition or Order to Show Cause; (ii) Verified Petition; (iii) Application for Index Number form; and (iv) Request for Judicial Intervention (RJI) form.
In New York State, an Article 78 proceeding is a hearing which establishes the procedure for challenging the determinations of administrative agencies, public bodies, or officers.
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.
A Special Proceeding provides an abbreviated telephonic hearing for parties with claims of $50,000 or less, exclusive of interest and expenses.
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
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.
Most importantly, an article 78 proceeding must be brought 4 months, or 120 days after a final agency determination.