What is Article 78? - New York

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Latest post Tue, Jan 31 2006 6:09 AM by MyWay. 4 replies.
  • Fri, Jan 27 2006 6:35 AM

    • MyWay
    • Top 500 Contributor
    • Joined on Sun, Jan 16 2005
    • Posts 142

    Question [=?] What is Article 78? - New York

    I have been told by a Family Court rep to take out an Ordert to Show Cause for an Article 78 in the Supreme Court.

    In searching the web - this seems to be a challenge to an administrative problem.

    I have paid X amount of dollars in the Supreme Court that has gone unreported in SCU records since last year - I have written letters as well as my ex has signed/notarized a letter stating that she received X amount of dollars as and for child support as per Supreme Court direction - nothing seems to work.

    I understand that an Article 78 will investigate the matter and resolve this situation - Is this correct?

    The SCU rep also said that it "freezes everything" - what does that mean? Will it freeze further litigation on my case? Or freeze any impending action that could incur?

    TKS.
  • Fri, Jan 27 2006 12:09 PM In reply to

    re: What is Article 78? - New York

    An Article 78 proceeding is a special proceeding that is filed in Supreme Court, which for those not familiar with the New York courts, is the trial level court of general jurisdiction. Article 78 refers to the section of the law which authorizes this type of case, CPLR Article 78. You can review it on line at

    http://public.leginfo.state.ny.us/menugetf.cgi?COMMONQUERY=LAWS

    An article 78 proceeding is used against a state agency or official to review or challenge a decision or action, or compel them to do something they are required to do.

    I found this website which seems to have some good information about Article 78 proceedings.

    http://www.article78.com/index.shtml

    J. Douglas Barics
    www.jdbar.com





    J. Douglas Barics

    www.jdbar.com

     

  • Sun, Jan 29 2006 2:30 PM In reply to

    • MyWay
    • Top 500 Contributor
    • Joined on Sun, Jan 16 2005
    • Posts 142

    Question [=?] Is SCU then the Respondent?

    I am confused about how to proceed on this - I picked up the paperwork though since from the Supreme Court's pro se office

    I am the petitioner and the other party is SCU? So I am in actuality suing that agency for adjustment of my payments?

  • Mon, Jan 30 2006 5:32 PM In reply to

    re: Is SCU then the Respondent?

    I've never handled an article 78 proceeding, but I would assume that SCU is the respondent. I don't know if any other party would need to be given notice or listed as a co respondent. I suggest you consult with a lawyer ASAP. Even if you can't retain an attorney, hopefully you can have some of your questions answered during a consultation.

    J. Douglas Barics
    www.jdbar.com

    J. Douglas Barics

    www.jdbar.com

     

  • Tue, Jan 31 2006 6:09 AM In reply to

    • MyWay
    • Top 500 Contributor
    • Joined on Sun, Jan 16 2005
    • Posts 142

    re: Is SCU then the Respondent?

    Thank you - I'll try the pro se office in the Supreme Court first - they have been very helpful in the past.
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