This file contains the course outline and materials distributed at the May 21, 2009 CLE course on An Overview of Article 78 Practice and Procedure. The materials consist of an annotated 65-page description of:
I. Name Of The Proceeding
II. Scope Of The Proceeding
III. Scope Of Review
IV. Parties To The Proceeding
V. Venue
VI. Pleadings
VII. Objections In Point Of Law - Generally
VIII. Objections In Point Of Law - Specifically
IX. Review Of Quasi-Judicial Determinations; Transfer To The Appellate Division
X. Disclosure
XI. Trial
XII. Powers Of Agencies and Courts With Respect To Administrative Action
XIII. Handling An Article 78 Proceeding With An Eye Toward The Appeal
XIV. Appeals
Although this treatise is written from the perspective of a government respondent, there is much to be appreciated, not the least of which is knowing the guide relied on by one's adversary.
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