Article 78 Mandamus Form
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People also ask
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What is the Article 78 of the Federal court?
Under Article 78, clients may be awarded monetary damages, relief or the court may dismiss the proceeding. In all, if a New York agency grants you a decision you disagree with – you have a right to appeal the unfavorable judgment.
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What is the Article 78 of the Federal court?
Under Article 78, clients may be awarded monetary damages, relief or the court may dismiss the proceeding. In all, if a New York agency grants you a decision you disagree with – you have a right to appeal the unfavorable judgment.
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What is an Article 78 action in NY?
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 due process of Article 78?
78 proceeding, the court has authority to remand and order an agency to conduct a proper hearing if the record before it "demonstrates a[n] [arbitrary or capricious] lack of appropriate procedure" by the defendant agency. procedure, including the adequacy and availability of remedies under state law.
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What is an example of Article 78?
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 ...
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What is an Article 78 cause of action?
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.
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What is an Article 78 cause of action?
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.
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What is a CPLR Article 78 petition?
The petition in a CPLR Art. 78 proceeding is the rough equivalent to a complaint in an ordinary civil action. The petition must be filed within four months of the date on which the determination is deemed final and binding on the petitioner.
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What is the Article 78 procedure in NY?
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 standard of review?
What is an Article 78 Proceeding? In an Article 78 proceeding, you ask a state court to review a decision or action of a New York State official or administrative agency, such as a prison official or the Board of Parole, which you believe was unlawful.
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What is New York Article 78 standard of review?
There are four instances where an article 78 proceeding is proper: to review of a decision of a state body or officer that was based on insufficient evidence; to review of a decision of a state body or officer that was obviously incorrect or unreasonable, or based on an error of law; to compel a state body or officer ...
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