What is an Article 77 proceeding?
Asked by: Mrs. Elsa Baumbach | Last update: June 17, 2025Score: 4.4/5 (27 votes)
Article 77 of New York's Civil Practice Law and Rules (“CPLR”) gives the Supreme Court concurrent jurisdiction with Surrogate's Court over cases involving most trusts, and allows the case to proceed as a “special proceeding” under CPLR Article 4.
What is an Article 78 special proceeding?
A special proceeding is a variety of lawsuit. It is bought on with the simplicity and speed of a motion. The special proceeding may be used only when authorized by law. One kind of special proceeding is the Article 78 proceeding, which seeks to challenge actions of administrative agencies and other government bodies.
What is an article 75 proceeding?
Namely, if you were fired as a result of an arbitrator's Education Law § 3020-a or § 3020-b decision, and wish to challenge the firing, then you would have to file an Article 75, which is a type of litigation that challenges the decision of an arbitrator.
What is an Article 78 cause of action?
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.
What is an Article 78 proceeding quizlet?
What is an Article 78 proceeding? A judicial appeal.
notice to produce | article 77 qso 1984 | section 66 evidence act 1872
What is an Article 77 proceeding in New York?
Article 77 of New York's Civil Practice Law and Rules (“CPLR”) gives the Supreme Court concurrent jurisdiction with Surrogate's Court over cases involving most trusts, and allows the case to proceed as a “special proceeding” under CPLR Article 4.
What is an example of Article 78?
Other examples of special proceedings under article 78 are those brought by prisoners who challenge decisions made by the Commissioner of Corrections, such as transfer requests, or the Board of Parole; individuals who challenge determinations of the architectural review boards, school boards, planning commission, or ...
How to win an article 78?
To win an Article 78 Proceeding the aggrieved individual must show that the Administrative Agency acted arbitrarily, capriciously, unreasonably or that the decision was not supported by substantial evidence. Issues regarding Article 78 filings tend to be very complicated and time consuming.
On what grounds can an administrative decision be challenged?
Administrative action may be challenged under the Administrative Procedure Act as arbitrary and capricious, contrary to law, in excess of statutory jurisdiction, without observance of proper procedure, or unsupported by substantial evidence.
What is a hybrid article 78 proceeding?
Hybrid Article 78 proceedings enable a litigant to assert multiple types of claims in one proceeding, but a consolidated action does not mean a consolidated law of standing.
What is an Article 78 proceeding Sapa?
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.
What is Section 75 disciplinary proceedings?
Civil Service Law section 75 provides that a covered employee may not be removed or otherwise subjected to disciplinary penalty except for incompetency or misconduct shown after a hearing on stated charges.
What is Section 75 of arbitration?
Confidentiality. - Notwithstanding anything contained in any other law for the time being in force, the conciliator and the parties shall keep confidential all matters relating to the conciliation proceedings.
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.
What is arbitrary and capricious?
Arbitrary and capricious
"A decision is arbitrary if it comes about seemingly at random or by chance or as a capricious and unreasonable act of will. It is capricious if it is the product of a sudden, impulsive and seemingly unmotivated notion or action." City of Livingston v. Park Conserv.
What is the writ of mandamus in law?
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. See e.g. Cheney v. United States Dist.
What disqualifies an administrative law judge?
Disqualification of the administrative law judge. An administrative law judge shall not conduct a hearing if he or she is prejudiced or partial with respect to any party or has any interest in the matter pending for decision.
What percentage of civil appeals are successful?
You may want to know: What are the chances of successfully overturning a judge's ruling on appeal? The answer depends entirely on the specific circumstances of your case. That being said, the state and federal data show that the overall success rate is between 7% and 20%.
What are three types of powers that constitute the administrative process?
Usually, the agency will have all three kinds of power: executive, legislative, and judicial.
What are Article 78 actions?
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.
What is the statute of limitations for Article 78 in NY?
In the case of Article 78 proceedings, the limitation generally is four months from the final agency action. 1 The petition must make clear when the final agency action took place.
What is article 78 in New York?
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.
What is an example of Article 26 being violated?
Today, there are millions of people deprived of their human rights. According to the latest UNICEF report, 155 million children under the age of five are suffering from stunted growth which affects their bodies and minds. This is a violation of UDHR Article 26.
What is Article 78 Accessory after the fact?
78. Accessory after the fact. Any person subject to this chapter who, knowing that an offense punishable by this chapter has been committed, receives, comforts, or assists the offender in order to hinder or prevent his apprehension, trial, or punishment shall be punished as a court-martial may direct.
What is an example of Article 8?
It also includes your right to control who sees and touches your body. For example, this means that public authorities cannot do things like leave you undressed in a busy ward, or take a blood sample without your permission.