CPLR Article 78 Proceedings: Responding to the Petition | Practical Law

CPLR Article 78 Proceedings: Responding to the Petition | Practical Law

A Practice Note addressing the procedure for responding to a petition under Article 78 of New York's Civil Practice Law and Rules (CPLR) in New York State Supreme Court (the state's trial court of general jurisdiction). Article 78 proceedings replace the common law writs of mandamus, certiorari, and prohibition in New York. Parties commonly use these proceedings to obtain judicial review of administrative determinations. The Note covers moving to dismiss the petition based on objections in point of law, answering the petition, and submitting the administrative record (also known as the return). The Note also addresses when and how a petitioner may reply to the answer.

CPLR Article 78 Proceedings: Responding to the Petition

Practical Law Practice Note 7-578-1485 (Approx. 23 pages)

CPLR Article 78 Proceedings: Responding to the Petition

by Practical Law Litigation
MaintainedNew York
A Practice Note addressing the procedure for responding to a petition under Article 78 of New York's Civil Practice Law and Rules (CPLR) in New York State Supreme Court (the state's trial court of general jurisdiction). Article 78 proceedings replace the common law writs of mandamus, certiorari, and prohibition in New York. Parties commonly use these proceedings to obtain judicial review of administrative determinations. The Note covers moving to dismiss the petition based on objections in point of law, answering the petition, and submitting the administrative record (also known as the return). The Note also addresses when and how a petitioner may reply to the answer.