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Primer on Article78's
What Happens Now That You Have Begun the Article 78?If you commenced your action by order to show cause and you asked for preliminary relief (an injunction, for example), then you will receive a short court date and you will have to be ready to argue the reasons for your preliminary relief on that day. If the other side is not ready, most judges will say, "too bad." (By the way, you must notify the other side prior to argument, even if you are requesting emergency, that is, same-day relief. Under emergency circumstances, that notification should at least be by phone.)If you did not commence your action by order to show cause, nothing exciting is bound to happen for quite some time. Remember that an Article 78 is generally a paper-driven proceeding. When you come to the first court date, the most common thing to happen is that both sides will argue about when papers get submitted. On many occasions, an attorney for an agency will simply show up to tell the court to move for an adjournment, saying she is not ready, even if the entire event could have been avoided in a simple phone conversation with the other side. Moving for adjournments without first contacting the other side is one of the most senseless wastes of judicial time in New York. this is especially frustrating to a person representing herself, especially if she has taken a vacation day to be in court. For these reasons, you obviously do not want to hire an attorney for an Article 78 who is simply "good on his feet." Any high school graduate can argue for an adjournment. Article 78's are not won on your feet. They are won on the papers. Article 78's require writing skill, not speaking skill. Most judges will simply issue a written decision after having read the papers from both sides. Nevertheless, you do have the option of requesting oral argument. Whether you do so is a strategic consideration based on the specifics of your case.
Introduction
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. |
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
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