Article 78 Mandamus Form
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People also ask
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What is an example of a writ?
Any direct order that is issued under authority is a writ. Warrants and subpoenas are two common types of writs. A warrant is a writ issued by a judge or magistrate that allows a sheriff, constable, or police officer to search a person or property—commonly known as a search warrant.
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What is a writ of mandamus in simple terms?
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.
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What is a writ of mandamus simplified?
A writ of mandamus is a remedy that can be used to compel a lower court to perform an act that is ministerial in nature and that the court has a clear duty to do under law. When filing a petition for writ of mandamus, you must show that you have no other remedy available.
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What is the literally meaning of mandamus?
In Anglo-American legal systems, mandamus (Latin for “we command”) is used by courts of superior jurisdiction to compel the performance of a specific act refused by a lower court, such as the hearing of a case falling within the latter's authority.
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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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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.
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What happens if a writ of mandamus is ignored?
(b) When any writ of mandamus has been issued, requiring the party to whom it is directed to make a return, if the party fails to do so, the court may issue a peremptory mandamus.
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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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