Article 78 proceedings are deemed special proceedings in the civil procedure law for New York State. They’re typically employed in a civil context because you have to go to the local Supreme Court in the county that you’re bringing the application. An Article 78 is a request for a municipal or a government entity or government agency to either do something or not do something.
The municipal and governmental entity is put on notice when the application is brought and a Supreme Court judge will hear the case right from the outset. Depending upon the relief that you’re seeking, the judge will rule and the municipality will have an opportunity to oppose the application, but it’s a special proceeding and it’s brought in Supreme Court.
The Law Office of Kevin T. Conway is a legal resource for the people of Rockland County facing criminal charges, including DWIs, drug crimes, gun charges, violent crimes, juvenile matters, and much more. If you need our quality legal services, contact our Spring Valley law firm for a consultation.