CPLR Article 78 Proceedings: Procedures on or After the Return Date | Practical Law

CPLR Article 78 Proceedings: Procedures on or After the Return Date | Practical Law

A Practice Note addressing what happens on or after the return date of a proceeding 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 review of the court's jurisdiction, conversion to other forms of litigation, transfer to the appellate division, discovery, oral argument, trial, judgment, and appeal.

CPLR Article 78 Proceedings: Procedures on or After the Return Date

Practical Law Practice Note 3-582-8885 (Approx. 18 pages)

CPLR Article 78 Proceedings: Procedures on or After the Return Date

by Practical Law Litigation
MaintainedNew York
A Practice Note addressing what happens on or after the return date of a proceeding 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 review of the court's jurisdiction, conversion to other forms of litigation, transfer to the appellate division, discovery, oral argument, trial, judgment, and appeal.