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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
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Experience:  Licensed Texas General Practice Attorney
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Can I file an article 78 in NY myself or do I need legal r

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Can I file an article 78 in NY myself or do I need legal representation?

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Yes, you can file an Article 78 action "pro se" (without an attorney representing you). Here's an example of such a case: http://law.justia.com/cases/new-york/other-courts/2012/2012-ny-slip-op-50793-u.html. Note that in that case the petitioner (the pro se individual) lost, but it was on substantive matters, not on a procedural matter. Procedural matters (such as standing, requirement for an attorney, etc...) are handled before they get to substantive matters.

ScottyMacEsq :

In any situation, anyone can represent himself or herself in court or any judicial action.

ScottyMacEsq :

You need an attorney when you represent someone else (such as an estate) or where the legal entity is incapable of self representation (such as a corporation, etc...)

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Where do I file - Supreme Court?

ScottyMacEsq :

Actually, an Article 78 proceeding can be filed in 2 ways. First is by "order to Show Cause." This manner is particularly valuable if you fear the agency may take action against you before the Court renders its decision. By requesting the Court include a stay in the Order you can prevent the agency from taking further action while the Article 78 is pending.


The other way to file your action is by "Notice of Petition." This is the more conventional manner of commencing the Article 78. You can not schedule your day in Court in less than 20 days from the day of filing to allow the other side time to respond to your papers.

ScottyMacEsq :

And yes, with the county supreme court.

Customer:

I've been searching websites for Article 78 forms. Are they available online? Where do I pickup the forms? Will one Article 78 cover NY and NJ ?

ScottyMacEsq :

You can often get the forms at the court clerk's office. I don't know of a site online where you can find one. Article 78 is specific to NY law (it's state law, so it doesn't govern NJ)

Customer:

Do you recommend stating the action of Notice of Petition? I assume this form is available in the Supreme Court as well?

ScottyMacEsq :

You mean titling it? That's up to you, but typically a "notice" of something is giving someone else notice that you've filed it. If you get the forms, it will almost certainly already be titled.

ScottyMacEsq :

And if the Supreme Court clerk does not have the forms, you can typically find them at a law library in the courthouse.. .

Customer:

Great.. That was very helpful.

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX good luck to you!

Customer:

One more thing.... When searching for an attorney what should I be looking for? Family Court/Child Support attorney. Is this the correct title.

ScottyMacEsq :

It depends on the nature of the decision appealing. If it was child support, then yes, that's what you would be looking for. Article 78 appeals can be for any administrative decision, so it can be any type of law. If it pertains to child support, you would want a child support / family law attorney.

Customer:

Great... Any referrals in NY Area? :)

ScottyMacEsq :

Unfortunately I cannot refer you to specific attorneys (that would be a violation of this site's terms of service).

Customer:

Ohhhhhh.

Customer:

Have a great afternoon.

ScottyMacEsq :

I would suggest that you contact your local bar association or the state bar association, and ask for their referral service.

ScottyMacEsq :

You too. If there's nothing else, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

Customer:

Ok.... No other questions. Thank you

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