When a decision made by an official of state or local government is adverse to your interests, relief from that decision may be available under a CPLR Article 78 proceeding. 

The CPLR of New York provides an avenue of relief from the decisions of various public agencies across the state.  Through an Article 78 proceeding, you can seek relief within the court system from the decisions of various state and local governmental agencies.  In essence an Article 78 proceeding is an appeal of a governmental agency's decision.  Matthew C. Hug is an experienced Article 78 attorney.   

There are four types of Article 78 proceedings:

• Motion to Compel (Mandamus):  Under this procedural vehicle, individuals may raise the question of "whether the body or officer failed to perform a duty enjoined upon it by law."  These may only be brought to compel a body or officer to do something ministerial.  It cannot be used to force a body or officer to do something which is discretionary.  Thus, you could use this to enforce a FOIL request as the body or officer if correctly requested, must follow the law.  Since these are limited to compelling the completion of a ministerial function, these proceedings are strictly limited. 
• Certiorari: This type of Article 78 proceeding is brought to determine "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.
• Prohibition: These are brought where "the body or officer is proceeding or, is about to proceed without or in excess of its jurisdiction."
• Mandamus-Certiorari: This proceeding is used to determine "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."

Time is of the essence with respect to preserving your rights with respect to an adverse state or local governmental decision and if you have feel as though your rights have been infringed, you must take action promptly.  

Contact an Article 78 Attorney Matthew C. Hug at (518) 283-3288 or via e-mail through the contact page.