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Summons and complaint example

Article 78 proceeding - New York State Unified Court System 2025

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The document provides guidance on how to respond to a summons and complaint in the New York County Supreme Court, Civil Branch. It outlines the necessary steps for defendants, including deadlines for written responses, the process of electronic filing (NYSCEF), and how to avoid default judgments. The document details the requirements for submitting a notice of appearance, answering a complaint, and making motions to dismiss. It emphasizes the importance of consulting an attorney and includes sample forms for notices and answers.

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Click ‘Get Form’ to open it in the editor.
Begin by filling in the caption of the case at the top of the form, including the index number and names of all parties involved.
In the 'Notice of Appearance' section, indicate your intention to appear in court. Provide your name, address, and contact information.
Next, move to the 'Answer' section. Respond to each allegation in the complaint by admitting, denying, or stating insufficient knowledge regarding each point.
If applicable, include any affirmative defenses or counterclaims after your responses. Ensure these are clearly labeled and formatted correctly.
Finally, sign and date your answer. If required, have it notarized before submitting it to the court.

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What are common article 78 challenges?

Other examples of special proceedings under article 78 are those brought by prisoners who challenge decisions made by the Commissioner of Corrections, such as transfer requests, or the Board of Parole; individuals who challenge determinations of the architectural review boards, school boards, planning commission, or

What is an article 78 proceeding in NYS?

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.

What is an Article 78 proceeding in New York?

An Article 78 proceeding can be used to challenge a wide range of government actions: Challenge a State or City agency regulation or policy. Appeal the denial of a license. Prohibit government official from acting in violation of law or outside the scope of her authority.

What does article 78 mean?

Article 78 proceedings serve as a legal mechanism to seek judicial review of administrative actions or decisions, effectively replacing the traditional writs of mandamus, certiorari, and prohibition.

Whats the time limit for Article 78?

In the case of Article 78 proceedings, the limitation generally is four months from the final agency action. 1 The petition must make clear when the final agency action took place.