What is an Article 78 proceeding?

An Article 78 proceeding is used to appeal the decision of a New York State or local agency to the New York courts. What can I do if I get a decision from a New York agency that I disagree with? If you disagree with an agency decision, you can appeal the decision to the New York courts.

Is an Article 78 a special proceeding?

One kind of special proceeding is the Article 78 proceeding, which seeks to challenge actions of administrative agencies and other government bodies. The person who files a special proceeding with the court is a petitioner.

How do I commence a special proceeding in New York?

To commence a special proceeding you need to file the following with the County Clerk’s Office: (i) Notice of Petition or Order to Show Cause; (ii) Verified Petition; (iii) Application for Index Number form; and (iv) Request for Judicial Intervention (RJI) form.

How do you prove arbitrary and capricious?

[a] decision is arbitrary and capricious if the agency [1] has relied on factors which Congress has not intended it to consider, [2] entirely failed to consider an important aspect of the problem, [3] offered an explanation for its decision that runs counter to the evidence before the agency, or [4] [has offered an …

What are special proceedings?

The 1997 Rules of Civil Procedures define a special proceeding as “a remedy by which a party seeks to establish a status, a right, or a particular fact.” It is distinct from an ordinary legal “action” where one party files a suit against another party to seek redress for a wrong or an injury, or to protect his (the …

What are special proceedings Philippines?

What is the substantial evidence test?

When Do Courts Use the Substantial Evidence Standard? An appeals court uses the substantial evidence standard when reviewing a factual decision made by a jury, like whether a defendant committed a crime. The appellate judges ask themselves whether there was enough evidence to support the jury’s finding.

What are the cases covered by special proceedings?

Here’s a quick look at some of the most important cases covered by special proceedings.

  • Adoption, Guardianship and Custody of Children.
  • Cancellation or Correction of Entries in the Civil Registry and Name Change.
  • Declaration of Absence and Death.
  • Habeas Corpus.
  • Settlement of Estate of Deceased Persons.

Is a special proceeding a civil action?

“A civil action may either be ordinary or special. Both are government by the rules for ordinary civil actions, subject to specific rules prescribed for a special civil action. “c) A special proceeding is a remedy by which a party seeks to establish a status, a right or a particular fact.”

How do you prove arbitrariness?

Arbitrariness occurs when the classification is made without any specific reason, and the likes are not treated alike. If Article 14 makes classification arbitrarily, then it amounts to be discriminatory in nature which proves to go against the very nature of our constitution.