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Fordham Law SchoolFLASH: The Fordham Law Archive of Scholarship and History Decisions in Art. 78 ProceedingsArticle 78 Litigation DocumentsJanuary 2020Decision in Art. 78 proceeding Morales, Julio
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How to fill out article 78 litigation documentsfordham

01
Gather necessary information regarding the state agency or local government decision you are challenging.
02
Obtain and carefully read the Article 78 petition form from the court or relevant legal resources.
03
Fill in your personal information, including your name and address, as the petitioner.
04
Clearly state the name of the respondent, which is typically the agency or official involved.
05
Describe the action taken by the agency that you are challenging and the date it occurred.
06
Specify the grounds for your challenge - explain why you believe the agency's decision was unlawful or unreasonable.
07
Provide any evidence or documentation that supports your claims or challenges.
08
Include a request for relief, specifying what you want the court to do (e.g., annul the decision, compel action).
09
Sign the completed petition form and date it.
10
File the completed petition with the appropriate court and pay any required filing fees, ensuring you keep copies for your records.

Who needs article 78 litigation documentsfordham?

01
Individuals or entities who have been adversely affected by the actions or decisions of a state agency or local government.
02
Citizens seeking a legal remedy to challenge a government decision or action that they believe is arbitrary, capricious, or not supported by substantial evidence.
03
Organizations or groups advocating for policy changes and needing to formally contest governmental actions.
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Article 78 litigation refers to a specific type of legal proceeding in New York State that allows individuals to challenge the determinations of administrative agencies. The documents for Article 78 proceedings typically include the petition and supporting papers that outline the basis of the challenge.
Any individual or entity that wishes to contest the decisions made by a New York State administrative agency can file Article 78 litigation documents. This includes individuals, businesses, and organizations who believe they have been adversely affected by such decisions.
To fill out Article 78 litigation documents, the petitioner must provide detailed information about the agency's decision being challenged, the specific grounds for the challenge, and any supporting facts or evidence. The documents should follow the court's specified format and include a verification statement.
The purpose of Article 78 litigation documents is to initiate a court action to review and potentially overturn decisions made by administrative agencies. It serves to ensure that such decisions comply with the law and are not arbitrary or capricious.
Article 78 litigation documents must report the name of the petitioner, the agency involved, the details of the decision being contested, the grounds for the challenge, supporting facts, and the requested relief or remedy.
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