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Documents : Individual CLE Courses for ALJs and Other OTDA Attorneys

An Overview of Civil Practice Law and Rules (CPLR) Article 78 Practice and Procedure
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.



Created: 4/24/2011
Updated: 4/24/2011