How do you initiate an Article 78 proceeding

A Article78 proceeding must be initiated within four months of the final review decision becoming binding on the petitioner or after the respondent refuses to perform its duty upon the petitioner's demand; or with the permission of the

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How much does it cost for an Article 78 to be filed?

Filing fees alone and service costs can exceed $500

How long does it take to file an Article 78 application? Four months

What is an Article 78 petition, then?

Article 78 includes three types of writs: prohibition, mandamus and certiorari. A writ refers to a formal, written order or document that is issued by an administrative body. Article 78 proceedings are a standard device for challenging the activities of administrative agencies in court.

What is an Article 78 proceeding?

An Article 78 proceeding is where you request a state court review of a decision or action of a New York State officer or administrative agency such as a prison official, or the Board of Parole.

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Can you appeal an Article 78 decision?

Yes. Article 78 Proceedings must be filed within four months of the date you receive the decision you want to appeal. Therefore, it is very important that you contact us as soon as you get the adverse decision in order for us to evaluate your case within the time frame that the courts will allow us to file your appeal.

How much does it cost to file a motion in court?

You must fill out a “Motion/Opposition Fee Information Sheet” every time you file a motion or opposition. This form tells the Clerk of Court whether you have to pay a filing fee. There may be a $25 filing fee to file your motion.

What are family court fees?

Initiating Application (Parenting AND Financial) $565 + Interim order application $120 = Total filing fee $685. Initiating Application (Parenting OR Financial, Final) $345 + Interim order application $120 = Total filing fee $465.

How much is an Rji?

After waiting what appears to be an interminable time for the defendant to respond to plaintiff's demands for discovery, counsel for the plaintiff files a Request for Judicial Intervention (RJI) with yet another court filing fee of $95.00.

How much does it cost to file a civil suit?

Typically in a civil lawsuit, it can cost $1,500-$5,000 to initiate an action and have a lawyer deliver a Statement of Claim. Responding to the opposing side's documents and conducting examinations for discovery will likely involve another $3,500-$5,000.

How much does it cost to file a judgment?

The filing fee is $50 if you ask the court to change a judgment concerning child support, custody, or visitation. The filing fee is $150 if you ask the court to change a judgment concerning anything not about children. For example, changing a judgment about alimony.

How much are court fees in NY?

Filing Fees - NYC Civil; District Court, City Court

Item	Fee
Filing of first paper (Non-Consumer Credit Transaction)	$45
Notice of Trial	$40
Demand for Jury Trial	$70
Notice of Appeal	$30

How much does it cost to file a statement of claim?

on the issue of a statement of claim, crossclaim, counterclaim or third party claim, $229, ii.

What is an Article 75 proceeding?

Article 75 - (Civil Practice Law & Rules) ARBITRATION. 7502 - Applications to the court; venue; statutes of limitation; provisional remedies. A special proceeding shall be used to bring before a court the first application arising out of an arbitrable controversy which is not made by motion in a pending action.

How do you appeal a fair hearing decision?

You can appeal the decision in court. You must file the appeal within 4 months of the date of your fair hearing decision in New York State Supreme Court. It is best to get help from an attorney. Contact The Legal Aid Society or a legal services office for more information.

What is a special proceeding in New York?

A special proceeding can only be used where it is specifically authorized by a statute. There are a number of these, but generally, they relate to challenging the action or determination of a governmental officer or agency. See, Civil Practice Law and Rules (CPLR for short) Article 78.

What is Cplr in New York?

The New York Civil Practice Law and Rules (CPLR) is chapter 8 of the Consolidated Laws of New York and governs legal procedure in the Unified Court System such as jurisdiction, venue, and pleadings, as well certain areas of substantive law such as the statute of limitations and joint and several liability The CPLR has

What is a notice of petition and petition?

A Notice of Petition (also known as a dispossess) tells you what will happen if you do not come to court to answer your petition. A Petition tells you why your landlord is taking you to court. If you do not answer your petition promptly, the landlord will automatically win, and you will be evicted.

How do you initiate an Article 78 proceeding

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