What is a Article 78?
1. 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 Article 78 motion?
An Article 78 proceeding is used to appeal the decision of a New York State or local agency to the New York courts. What can I do if I get a decision from a New York agency that I disagree with? If you disagree with an agency decision, you can appeal the decision to the New York courts.
Is Article 78 A special proceeding?
One kind of special proceeding is the Article 78 proceeding, which seeks to challenge actions of administrative agencies and other government bodies. The person who files a special proceeding with the court is a petitioner.
How do you commence an Article 78 proceeding?
To commence a special proceeding you need to file the following with the County Clerk’s Office: (i) Notice of Petition or Order to Show Cause; (ii) Verified Petition; (iii) Application for Index Number form; and (iv) Request for Judicial Intervention (RJI) form.
How do you prove arbitrary and capricious?
For agency decisions, the “arbitrary and capricious” standard generally requires only that there be a “rational” foundation, meaning that an agency decision will be upheld as long as there is a rational connection between the facts found and the conclusions drawn.
What is a capricious action?
Black’s Law Dictionary defines “arbitrary and capricious” as “[a] willful and unreasonable action without consideration or in disregard of facts or law.” Admittedly, this is a tough burden for the challenger.
What is capricious law?
A standard for review for appeal, often seen in administrative law. Under this standard, the finding of a lower court will not be disturbed unless it has no reasonable basis – if the judge makes a decision without reasonable grounds or adequate consideration of the circumstances.
What is a capricious decision?
adv., adj. unpredictable and subject to whim, often used to refer to judges and judicial decisions which do not follow the law, logic or proper trial procedure. A semi-polite way of saying a judge is inconsistent or erratic.
What is considered arbitrary and capricious?
What is an article 78 proceeding?
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.
Where do I file an article 78 in New York State?
Article 78 proceedings against the New York City Tax Appeals Tribunal must be commenced in the Appellate Division of the New York State Supreme Court, First Department (CPLR 506 [b] [4]). How long do I have to bring an Article 78 proceeding?
Where can I raise an appeal under Article 78?
Article 78 Appeal may be raised state-wide, as well as in any of the five boroughs; Manhattan, Brooklyn, Queens, Bronx, Staten Island, so long as it is with 120 days or 4 months of the final judgment by the DHCR has been issued.