Sunday, June 29, 2008

What Is An Article 78 Lawsuit?

From http://article78.com/primer/2.shtml

An Article 78 is a type of lawsuit. It was created by the New York legislature in 1937. Generally, Article 78 proceedings are used to challenge action (or inaction) by agencies and officers of state and local government. Sometime even the actions of private corporations are subject to Article 78 review. If you feel that an agency has screwed up your administrative case, filing an Article 78 will bring your case into a New York Supreme Court. There, a judge will review your administrative case, scrutinize the agency's actions and decisions, and if necessary reverse an agency's decision. If you are concerned that you will be harmed by the agency's action while you are waiting for the judge to complete his review of the case, the judge can prevent the agency from taking any further action until the Article 78 has been resolved.

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