
22 How to Challenge Administrative Decisions Using Article Form


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People also ask
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What does article 78 mean?
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.
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What is the Article 78 review?
An article 78 proceeding describes when an individual (the petitioner) asks a state court to review a decision or action of a New York State body or officer.
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What is Article 78 120 days?
Time Limit to Bring an Article 78 Proceeding Generally the Article 78 Proceeding has to be filed within 120 days after the final agency decision. However this time period may be shorter in some circumstances. A party must act quickly to preserve his or her rights to file an Article 78 Proceeding.
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What is an Article 78 mandamus?
A Writ of Mandamus can compel a government agency or official to do something they are required by law to do. For example, one might file an Article 78 in the form of a Writ of Mandamus to Compel to compel a government agency to issue a decision on an application.
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What is a review under Article 78?
An article 78 proceeding describes when an individual (the petitioner) asks a state court to review a decision or action of a New York State body or officer.
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How long do you have to file an article 78 in NY?
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.
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How do you challenge an administrative decision?
If you do not win, you can ask the superior court to review the hearing decision. This is called a writ of mandate. You may contact the agency that you are having a problem with and ask how to review the agency's action. A list of agencies and their web sites appear at the end of this discussion.
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What is Article 78 of the NYC DOE?
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.
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