Primer on Article78's 

Where Do You File an Article 78?

  • An Article 78 is usually filed in the supreme court in the county in which you live. If you are proceeding without an attorney, you should go to the county courthouse and ask to see the Pro Se Attorney (in some counties, it is a Pro Se Clerk). This attorney will provide you with sample papers and with an extremely helpful information booklet. 


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      Table of Contents 

      Introduction  
      What is an Article 78?  
      When can you sue? 
      Where Do You File an Article 78?  
      The Two Methods of Commencing an Article 78: Order to Show Cause and Notice of Petition  
      How Do You Serve the Article 78 on the Agency?  
      What Happens Now That You Have Begun the Article 78?  
      Do You Need a Lawyer?  
       

    Steven De Castro, Esq., represents clients in Article 78 proceedings before New York State Supreme Court. To find out how the statements made on this site may be applicable to your situation, request a case evaluation by clicking on the Case Evaluation page.  

    Date: July 24, 2001 Steven De Castro © 2001, All Rights Reserved. The representations made are accurate to the best of the author's knowledge on the day of publication, but readers should note that laws and regulations constantly change and are subject to different interpretations. For legal advice applicable to your situation, see an attorney. The statements on this page expire one year after publication.

     
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