New York City Article 78 Proceedings Attorney :: Article 78 Proceedings :: Nassau County Lawyer

 

article 78 petition

The NYPD’s Verified Answer. Memorandum of law in support of our Article 78 Petition filed in New York State Supreme Court for the calibration, inspection and maintenance records of NYC’s breathalyzer streegtbikei.cf our petition we argue for the Court to compel the NYPD to turn over all the documents that have been denied to us in our previous FOIL streegtbikei.cf: Daniel Mcguinness. Article 78 cases involving disability benefits Matter of Schmidt v Putnam County Office of the Sheriff Petitioner Jeffrey Schmidt brought this Article 78 proceeding to review the Putnam County Sheriff’s denial of disability benefits. The Supreme Court granted the petition . New York Laws CVP - Civil Practice Law & Rules Article 78 - (Civil Practice Law & Rules) PROCEEDING AGAINST BODY OR OFFICER - Procedure. Unless the court grants an order to show cause to be served in lieu of a notice of petition at a time and in a manner specified therein, a notice of petition, together with the petition and.


FOIL Article 78 Action against the NYPD – Law Offices of Daniel A. McGuinness, P.C.


A proceeding under this article 78 petition is a special proceeding. A proceeding under this article shall be brought in the supreme court in the county specified in subdivision b of section except as that subdivision otherwise provides. Unless the court grants an order to show cause to be served in lieu of a notice of petition at a time and in a manner specified therein, a notice of petition, together with the petition and affidavits specified in the notice, shall be served on any adverse party at least twenty days before the time at which the petition is noticed to be heard.

An answer and supporting affidavits, article 78 petition, if any, shall be served at least five days before such time. A reply, together with supporting affidavits, if any, shall be served at least one day before such time. In the case of a proceeding pursuant to this article against a state body article 78 petition officers, or against members article 78 petition a state body or officers whose article 78 petition have expired as authorized by subdivision b of section article 78 petition this chapter, commenced either by order to show cause or notice of petition, in addition to the service thereof provided in this section, the order to show cause or notice of petition must be served upon the attorney general by delivery of such order or notice to an assistant attorney general at an office of the attorney general in the county in which venue of the proceeding is designated, or if there is no office of the attorney general within such county, at the office of the attorney general nearest such county.

In the case of a proceeding pursuant to this article against members of bodies of governmental subdivisions whose terms have expired as authorized by subdivision b of section of this chapter, the order to show cause or notice of petition must be served upon such governmental subdivision in accordance with section of this chapter. There shall be a verified petition, which may be accompanied by affidavits or other written proof. Where there is an adverse party there shall be a verified answer, which must state pertinent and material facts showing the grounds of the respondent's action complained of, article 78 petition.

There shall be a reply to a counterclaim denominated as such and there shall be a reply to new matter in the answer or where the accuracy of proceedings annexed to the answer is disputed. The court may permit such other pleadings as are authorized in an action upon such terms as it may specify. The body or officer shall file with the article 78 petition a certified transcript of the record of the proceedings under article 78 petition, unless such a transcript has already been filed with the clerk of the court.

The respondent article 78 petition also serve and submit with the answer affidavits or other written proof showing such evidentiary facts as shall entitle him to a trial of any issue of fact.

The court may order the body or officer to supply any defect or omission in the answer, transcript or an answering affidavit. Statements made in the answer, transcript or an answering affidavit are not conclusive upon the petitioner. Should the body or officer fail either to file and serve an answer or to move to dismiss, the court may either issue a judgment in favor of the petitioner or order that an answer be submitted.

The respondent may article 78 petition an objection in point of law by setting it forth in his answer or by a motion to dismiss the petition, made upon notice within the time allowed for answer, article 78 petition.

If the motion is denied, the court shall permit the respondent to answer, upon such terms as may be just; and unless the order specifies otherwise, such answer shall be served and filed within five days after service of the order with notice of entry; and the petitioner may re-notice the matter for hearing upon two days' notice, or the respondent may re-notice the matter for hearing upon service of the answer upon seven days' notice.

The petitioner may raise an objection in point of law to new matter contained in the answer by setting it forth in his reply or by moving to strike such matter on the day the petition is noticed or re-noticed to be heard. Where the substantial evidence issue specified in question four of section is not raised, the court in which the proceeding is commenced shall itself dispose of the issues in the proceeding.

Where such an issue is raised, article 78 petition, the court shall first dispose of such other objections as could terminate the proceeding, including but not limited article 78 petition lack of jurisdiction, statute of limitations and res judicata, without reaching the substantial evidence issue, article 78 petition. If the determination of the other objections does not terminate the proceeding, the court shall make an order directing that article 78 petition be transferred for disposition to a term of the appellate division held within the judicial department embracing the county in which the proceeding was commenced.

When the proceeding comes before it, whether by appeal or transfer, the appellate division shall dispose of all issues in the proceeding, or, if the papers are insufficient, it may remit the proceeding, article 78 petition. If a triable issue of fact is raised in a proceeding under this article, it shall be tried forthwith.

Where the proceeding was transferred to the appellate division, the issue of fact shall be tried by a referee or by a justice of the supreme court and the verdict, report or decision rendered after the trial shall be returned to, and the order thereon made by, the appellate division.

Notwithstanding any other provision of law, where a proceeding is brought under this article against a justice, judge, referee or judicial hearing officer appointed by a court and 1 it is brought by a party to a pending action or proceeding, and 2 it is based upon an act or acts performed by the respondent in that pending action or proceeding either granting or denying relief sought by a party thereto, article 78 petition, and 3 the respondent is not a named party to the pending action article 78 petition proceeding, in addition to service on the respondent, the petitioner shall serve a copy of the petition together with copies of all moving papers upon all other parties to the pending action or proceeding, article 78 petition.

All such parties shall be designated as respondents. Unless ordered by the court upon application of a party the respondent justice, judge, referee or judicial hearing officer need not appear in the proceeding in which case the allegations of the petition shall not be deemed admitted or denied by him. Upon election of the justice, judge, referee or judicial hearing officer not to appear, any ruling, order or judgment of the court in such proceeding shall bind said respondent.

If such respondent does appear he shall respond to the petition and shall be entitled to be represented by the attorney general. If such respondent does not elect to appear all other parties shall be given notice thereof. Disclaimer: These codes may not be the most recent version. Article 78 petition York may have more current or accurate information.

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What is an Article 78 Proceeding, and How Do I Bring One?

 

article 78 petition

 

There are many different real world types of article 78 proceedings. In the labor and employment context, employees who work for state agencies, or municipalities often file article 78 proceedings against a decision from an Administrative Law Judge, or against their employer challenging decisions made about their employment. May 21,  · An Overview of Article 78 Practice and Procedure WITH William H. Bristow III, Deputy Section Chief Albany, New York An Overview Of Article 78 Practice and Procedure Timed Agenda I. Name Of The Proceeding II. Scope Of The Proceeding III. Scope Of Review applied to a petition in an article 78 proceeding .. 16 4. Timing of. The NYPD’s Verified Answer. Memorandum of law in support of our Article 78 Petition filed in New York State Supreme Court for the calibration, inspection and maintenance records of NYC’s breathalyzer streegtbikei.cf our petition we argue for the Court to compel the NYPD to turn over all the documents that have been denied to us in our previous FOIL streegtbikei.cf: Daniel Mcguinness.