Article 78
Administrative agencies govern vast areas of your everyday life and often they make arbitrary and capricious decisions that have a substantial effect on your life. Under Article 78 of the New York Civil Practice Laws and Rules a court can review this decision. Kevin P. Sheerin has settled and litigated various Article 78 appeals from a denial of government issued license to a wrongful discharge from a government job. If you believe you have been wronged by a government agency, contact the Law Firm of Kevin P. Sheerin.
Some representative Article 78 cases: New York City Department of Citywide Administration Services (DCAS) determined that Petitioner failed a civil service promotional exam. Petitioner filed an Article 78 claiming that the essay portion of his exam was graded in an arbitrary and capricious manner. Click here for more Article 78- Civil Service Promotional Exam Grading New York City Department of Buildings denied Petitioner’s application for reinstatement of his master plumber’s license. Petitioner filed an Article 78 to attempt to annul the respondent’s decision. Click here for more Article 78- Master Plumber's License Petitioner applied for an area variance concerning renovation on his commercial/residential mixed used area, but was denied by the Zoning Board of Appeals. Petitioner appealed the denial of his application on the grounds that the decision was arbitrary and capricious. Click here for more Article 78- Zoning Board of Appeals In this Article 78 case Petitioner was removed from the eligibility list for Nassau County correctional officers because of his color vision deficiency. Petitioner was able to file a late notice of claim in an attempt to get reinstated. Click here for more Article 78- Late Notice of Claim Petitioner in this Article 78 case is a doctor who appealed a determination by the State Medicaid Inspector General denying her application to be reinstated as a provider in the Medicaid program. Click here for more Article 78- Physician Reinstatement When Petitioner was denied a premises residential pistol license he filed an Article 78 against the Police Commissioner in an attempt to prove that the Commissioner’s decision was arbitrary and capricious or an abuse of discretion. Click here for more Article 78- Residential Pistol License Petitioner filed an Article 78 in order to have the Medical Examiner’s determination of his mother’s death changed from suicide to unintentional or undetermined. Click here for more Article 78- Medical Examiner Judgment The Village of Delhi filed an Article 78 against the Town of Delhi in order to force the town to take the necessary steps in maintaining a local bridge. Click here for more Article 78- Town BridgeUnder Article 78 of the New York Civil Practice Law and Rules, you may appeal a written decision made by a public agency you believe has wronged you. Appeals can range from public employers to licensing authorities to the Department of Health to the New York City Housing Authority and City, County and State employment agencies. The Law Offices of Kevin P. Sheerin can help you determine whether you have grounds for an appeal, the Law Offices of Kevin P. Sheerin will assure that your appeal is pursued as effectively as possible.
There are four ways to understand the actions taken under Article 78. There is the motion to compel; motion to review; motion for direct an administrative agency to take action on a particular topic.
Rarely does the Article 78 take the form of the motion to compel because the most ministerial acts of agency or government entities are involved in the motion to compel. Basically it could be that a Judge directs an agency to issue a deed or order from a court
Nevertheless, it is always advisable to consult with an attorney as soon as possible after receiving an administrative appeal you wish to appeal. Often local laws shorten the statute of limitations from Four months to thirty days.
It is also important to remember that you should treat the earliest possible time as having ripened you case into an appeal stance. if you wait often you will be prevented from appealing under the statute of limitations.
Chacko v New York City Department of Citywide Administrative ServicesIn a recent case handled by the Law Offices of Kevin P. Sheerin, Plaintiff Joseph Chacko, commenced this Article 78 appeal to challenge New York City Department of Citywide Administrative Services (DCAS’) determination that he failed a civil service promotional exam. Petitioner contended that DCAS scored the essay portion of his exam in an arbitrary and capricious manner. In March of 2006, petitioner took a promotional examination that consisted of two parts: a multiple choice test and an essay. To score the essay portion, DCAS utilized a Rating Guide consisting of two sections, one that assessed the content of the essay and the other that focused on the clarity. This Rating Guide was used incorrectly to grade petitioner’s essay. Points were taken off for minor mistakes and in some cases nonexistent errors. Fundamental fairness dictates that deductions should not be made for correct responses. Also points taken off for the same mistake were categorized in different categories, which allowed the grader to circumvent the limit on point deductions set for each category of error. Additionally, petitioner argued that he was denied scrap paper and that the proctors ended the exam twenty minutes early thereby denying him the time to proofread his essay. Accordingly, the Court granted the petition, annulled the decision of the Civil Service Commission, and remanded the matter for the regrading of petitioner’s exam. Shortly thereafter Mr. Chacko was promoted to Supervisor.
For extensive coverage of current and past Article 78 cases please visit my Weblog New York Civil Service Attorney
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