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How To: Commence a Special Proceeding

July 1, 2022 by l

 
If the town takes an action that the taxpayers disagree with then legal may be pursued.
In New York State an Article 78 may be filed.
If the action is against the Zoning Board then action must be filed within 30 days.
If the action is against the town board or planning board the action may be filed within four months.

Information from the New york State Courts
“A special proceeding can only be used where it is specifically authorized by a statute. There are a
number of these, but generally, they relate to challenging the action or determination of a
governmental officer or agency. See, Civil Practice Law and Rules (CPLR for short) Article 78.
Landlord-tenant relations can also be determined in a special proceeding in some instances,
otherwise, special proceedings usually cannot be brought against private parties.

If you are unsure whether or not your matter is considered a special proceeding, it is suggested that
you consult with an attorney to assure that your facts support your claim. If it clearly doesn’t support
your claim, your claim could be dismissed with a sanction as frivolous. By signing a paper, such as
a Petition, that party certifies that to the best of his/her knowledge, information and belief, the
presentation of the paper or the information contained therein is not frivolous. See, Rules of the
Chief Administrative Judge, Section 130-1.1a Signing of Papers.”

 
https://www.nycourts.gov/legacyPDFs/courts/6jd/forms/SRForms/sp_howtocommence.pdf
 
New York Courts. found on internet July 1, 2022.
 

Posted in: How to Tagged: Article 78, how to, lawsuit
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Please visit your Town’s website for up to date meeting schedules, agendas, minutes, documents, and legislation.

Trust, but verify. Call your public officials, town clerk, local media, and talk with your neighbors. Theres always more to learn.

Upcoming Events

Aug
23
Tue
2022
7:00 PM Gloversville Common Council @ Gloversville City Hall
Gloversville Common Council @ Gloversville City Hall
Aug 23 @ 7:00 PM – 8:00 PM
  Town of Gloversville Common Council When: Forth Tuesday of the month Time: 7:00 PM Where: 3 Frontage Rd, Gloversville, NY 12078   Verify information with the Town Clerk City of Gloversville website  
Aug
25
Thu
2022
7:00 PM Duanesburg Town Board @ Duanesburg Town Hall
Duanesburg Town Board @ Duanesburg Town Hall
Aug 25 @ 7:00 PM – 8:00 PM
  Duanesburg Town Board Meeting   Verify information with Duanesburg Town Clerk: Town of Duanesburg website   listen to recording of the meeting Solar Law Local Law 1 of 2021 Minute 58 Oak Hill Solar ... [Read more...]
Sep
6
Tue
2022
7:00 PM Gloversville Planning Board @ Gloversville City Hall
Gloversville Planning Board @ Gloversville City Hall
Sep 6 @ 7:00 PM – 8:00 PM
  Town of Gloversville Planning Bord When: First Tuesday of the month Time: 7:00 PM Where: 3 Frontage Rd, Gloversville, NY 12078   Verify information with the Town Clerk City of Gloversville website  
7:00 PM Rotterdam – Planning Commission ... @ Rotterdam Town Hall
Rotterdam – Planning Commission ... @ Rotterdam Town Hall
Sep 6 @ 7:00 PM – 8:00 PM
  Town of Rotterdam Planning Commission Meeting First Tuesday of the month at 7:00 PM.   Town Hall 1100 Sunrise Blvd. Rotterdam, NY 12306 518-355-7575  
Sep
7
Wed
2022
5:30 PM Rotterdam – Town Board Meeting @ Town Hall Town of Rotterdam
Rotterdam – Town Board Meeting @ Town Hall Town of Rotterdam
Sep 7 @ 5:30 PM – 6:30 PM
  Town of Rotterdam Town Board Meeting Second Wednesday of the month at 7:00 PM.   Town Hall 1100 Sunrise Blvd. Rotterdam, NY 12306 518-355-7575  
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