How to File an Article 78

With an article 78 you go to court challenging an administrative decision.

The link for forms and instructions from the court’sHelp Center ishttp://www.nycourts.gov/courts/1jd/supctmanh/Self_Rep_Forms_Link.shtmlTo file anArticle78, follow the instructions forfiling a Notice of Petition (notan Order to Show Cause) in the booklet “How to Start a Special Proceeding.” The booklet is not organized well and jumps around. The forms you will needare an Index Number Purchase Sheet (available in the Help Center, Room 116 at 60 Centre Street) and a Request for Judicial Intervention (a fillable RJI is available athttp://www.nycourts.gov/forms/rji/UCS-840-fillable.pdf). The best way to learn how to write a Notice of Petition andanArticle78petition is to go to SCROLL (Supreme Court RecordsOn-Line Library) and look at differentArticle78petitions, especially thosein which the DOE is the defendant. Technically the petition should just contain the facts and allegations with astated Cause ofAction, and the legal arguments should go in a Memorandum of Law.

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