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Title: Law/Legal Information/Administrative Law - Steven De Castro - Article78.com Introduction to appealing the decisions of public agencies in New York. |
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Primer on Article 78's
Primer on Article78's
Introduction
If you live in New York and have heard of the term,
"Article 78," it is probably because you have received a written decision
from a state or local agency such as
the Department of Housing and Community Renewal ("DHCR"),
the Human Rights Commission,
a public employer,
a civil service commission,
a licensing authority,
a city council or committee,
the Department of Health, or
the New York City Housing Authority ("NYCHA").
In your decision, there was a notice. This notice stated that if you
feel the agency's decision is wrong, you may appeal this decision
by Article 78 of the New York Civil Practice Law and Rules.
Many people have heard about Article 78 but few know exactly what
it is or what an Article 78 involves. This guide will help to demystify
the process of filing an Article 78 to appeal an administrative
decision.
What is an Article
78?
Table of Contents
Introduction
What is an Article 78?
When can you sue?
Where Do You File an Article 78?
The Two Methods of Commencing an
Article 78: Order to Show Cause and Notice of Petition
How Do You Serve the Article 78
on the Agency?
What Happens Now That You Have Begun
the Article 78?
Do You Need a Lawyer?
Steven
De Castro, Esq., represents clients in Article 78 proceedings before New
York State Supreme Court. To find out how the statements made on this site
may be applicable to your situation, request a case evaluation by clicking
on the Case Evaluation page.
Date: July 24, 2001 Steven De Castro Š 2001, All Rights Reserved. The representations
made are accurate to the best of the author's knowledge on the day of publication,
but readers should note that laws and regulations constantly change and are
subject to different interpretations. For legal advice applicable to your situation,
see an attorney. The statements on this page expire one year after publication.
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