ARTICLE 78 PROCEEDINGS
Having handled many different Article 78 proceedings, Philip understands the very detailed procedure and substantive issues involved in such proceedings. Generally, most Article 78 proceedings are subject to a four (4) month statute of limitations (typically from the time the determination to be reviewed becomes final and binding), so a Petitioner must act quickly in order to protect their rights. Don't wait. Call The Meyer Law Firm today.
What is an "Article 78" proceeding ? An Article 78 proceeding provides an expeditious procedure for judicial review of actions or inactions of agencies and officers of state and local government, as well as, under certain circumstances, private corporations. The only questions that may be raised and issues to be resolved in a proceeding under this article are:
Whether an officer or entity did not perform a duty required by law; or
Whether an officer or entity took action or is about to take action which exceeds its authority; or
Whether a determination by the officer or entity was made (a) in violation of lawful process or procedure, (b) was affected by a legal mistake, or (c) was an abuse of discretion or arbitrary including a determination of the method and extent of a penalty or discipline imposed; or
Whether a determination was made following a hearing which is supported by substantial evidence.
A proceeding to review a state review officer's final determination or order regarding a disabled child(ren). | (For More See: NY CPLR § 7801)
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