Challenging Government Decisions
If you have been adversely affected by a decision or action by a New York State or municipal agency, New York Law (CPLR Article 78) provides a special procedure to challenge the government decision and/or action by judicial review in State Supreme Courts. The legal procedure can be complex. When you challenge government action or decision making that affects you, you will want to have a lawyer represent you that has experience in these special proceedings.
Consult With A Lawyer
When you want to challenge a New York State or municipal agency decision or action that directly affects you, you can call the Law Office of Jerold S. Slate at (845) 471-4141 to schedule a personal and confidential consultation. As a former New York State Assistant Attorney General and former Assistant City Corporation Counsel, Jerold Slate, has successfully litigated many Article 78 Proceedings, involving several state agencies in particular.
Issues Involved in Article 78 Special Proceedings.
The only questions that may be raised in a proceeding under this article are:
1.
whether the body or officer failed to perform a duty enjoined upon it by law; or
whether the body or officer failed to perform a duty enjoined upon it by law; or2.whether the body or officer proceeded, is proceeding or is about to proceed without or in excess of jurisdiction; or
whether the body or officer proceeded, is proceeding or is about to proceed without or in excess of jurisdiction; or3.whether a determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion, including abuse of discretion as to the measure or mode of penalty or discipline imposed; or
whether a determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion, including abuse of discretion as to the measure or mode of penalty or discipline imposed; or4.whether a determination made as a result of a hearing held, and at which evidence was taken, pursuant to direction by law is, on the entire record, supported by substantial evidence.
whether a determination made as a result of a hearing held, and at which evidence was taken, pursuant to direction by law is, on the entire record, supported by substantial evidence. Some of the agency decisions may involve:
•Licenses and permits
Licenses and permits•Parole decisions
Parole decisions•Decisions affecting prisoners
Decisions affecting prisoners•Disciplinary determinations
Disciplinary determinations•Termination of government employment
Termination of government employment•Tax matters
Tax matters•Zoning decisions
Zoning decisions