What is an Article 78 proceeding?
1. What is an Article 78 Proceeding? In an Article 78 proceeding, you ask a state court to review a decision or action of a New York State official or administrative agency, such as a prison official or the Board of Parole, which you believe was unlawful.
What is a petition and complaint?
A petition is a formal request seeking a specific court order, made by a person, group, or organization to the court, typically at the start of a lawsuit. A petition asks the court to provide a court order, while a complaint is filed to seek damages or to get the defendant to start or stop doing something.
How many days do you have to answer a complaint in NJ?
35 days
Defendant(s) must file an answer to the complaint along with the appropriate filing fee within 35 days after service of the complaint. After the complaint is served and an answer is filed, the discovery period begins.
What is the difference between petition and grievance?
As nouns the difference between grievance and petition is that grievance is (countable) something which causes grief while petition is petition.
What is a complaint summons in New Jersey?
What is a summons complaint? A summons is a written notice, along with a complaint, notifying the court and the defendant(s) that the complaint has been served to all parties and lists the first court appearance and date for the lawsuit.
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.
Is there a time limit to file an article 78 appeal?
Yes. Article 78 proceedings must generally be filed within four months of the date you receive the decision you want to appeal. Check with a lawyer as soon as you can to find out if your deadline is even shorter.
When to file a challenge to an unfavorable hearing decision?
In that case, you may have up to three years from the date of the unfavorable hearing decision to file your case. It is usually safest to file the challenge to the unfavorable hearing decision within four months of the date of the decision anyway, or sooner, to make sure that you do not miss a time deadline.