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How Do You Serve the Article 78 on the Agency?
After you file your Article 78 papers, you must serve a copy on the agency.
By "serve," I mean that you are going to give them to the agency,
so they know that they are being sued. This is NOT as easy as walking
into the agency and throwing it on the receptionist's desk. You
have to submit it to the right desk. In fact, you may be required
to serve more than one copy to more than one desk. Many experienced
practitioners find mistakenly travel to the wrong office, to discover
that they must serve another office in another county.
This is my advice to you regarding service: call the agency far in advance,
inform them that you are serving an Article 78, and ask them to tell you
in detail where the Article 78 is supposed to be served.
When you serve papers, you have to come away with some proof that the papers
were served. When you are commencing an action on an agency, follow this
method: bring the original and one copy of the court papers to the office
in the agency designated for service. Leave one copy and allow the receptionist
to place the agency's stamp on the original (the receptionist knows what
to do).
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. |
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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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