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What is a hearing determination quizlet?

The Determination section of a hearing decision. Describes what the DOS thinks the respondent may have done. Outlines what the court believes happened.

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 is a special proceeding New York?

A special proceeding is a variety of lawsuit. It is bought on with the simplicity and speed of a motion. The special proceeding may be used only when authorized by law. One kind of special proceeding is the Article 78 proceeding, which seeks to challenge actions of administrative agencies and other government bodies.

How do you start an Article 78 proceeding?

Brief explanation of an article 78: In order to properly bring an article 78 proceeding, a petitioner must have first exhausted their administrative remedies (discussed in detail below). Most importantly, an article 78 proceeding must be brought 4 months, or 120 days after a final agency determination.

What is an Article 78 motion?

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.

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