|
The Two Methods of Commencing an Article 78: Order
to Show Cause and Notice of Petition
There are two ways to commence an Article 78 proceeding. The first is by
"order to show cause." You should use an order to show cause if
you believe that the agency may soon take further action against
you. Therefore, you are going to ask that the judge grant an immediate
order preventing the agency from taking further action while the
Article 78 is pending. If you proceed by order to show cause, you
will be in front of a judge as soon as you need to be - even, in
an emergency, the same day you file the action. (By the way, if
you wish to see a judge on the day you file your action, you must
give at least 24 hours advance notice to the legal department of
the agency that made the decision. The notice must be by phone,
and preferably backed up with a fax.)
The second way to commence your action is by "notice of petition." This
is the more common method. If you use this method, you can determine the
date on which the Article 78 is to be heard in court. That date must be
more than 20 days from the date you file your papers. Why 20 days? Because
that gives the other side an opportunity to file a written response.
Either way you go, you will be filing all of the following: a
verified petition, a verification, exhibits, a Request for Judicial
Intervention, and an Application for Index Number. The court fee
for a Request for Judicial Intervention is $95.00 at the time of
this writing, and the court fee for the index number is $210.00.
(These fees are effective July 14, 2003.) Don't ask me why. If you
qualify as indigent, you can file an Application for Poor Person's
Relief, in which case your fees will be waived.
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.
|
|
