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Thread: Article 78

  1. #1
    Member The Jokester's Avatar
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    Quote Originally Posted by wantabe
    I believe we have a lot of good info here. FOIL works but not that well. The town will drag their feet and when they do give you something, its as little info as possible. I'm really interested in ARticle 78. Do you have more information on it?
    Say a local government does something that goes against the need of the community. The community can file an Article 78 that, properly prepared, will cite the reasons for the community's appeal of the decision of the government with affidavits attached that show the experiences of those signed said affidavits. Basically, it appeals a government decision and can be considered as a lawsuit.
    "paranoia runs deep, into your mind it will creep"

  2. #2
    Member dtwarren's Avatar
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    An Article 78 proceeding can be used in very specific instances. It is limited as follows:

    § 7803. Questions raised

    The only questions that may be raised in a proceeding under this article are:

    1. whether the body or officer failed to perform a duty enjoined upon it by law; or

    2. whether the body or officer proceeded, is proceeding or is about to proceed without or in excess of jurisdiction; or

    3. whether a determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion, including abuse of discretion as to the measure or mode of penalty or discipline imposed; or

    4. whether a determination made as a result of a hearing held, and at which evidence was taken, pursuant to direction by law is, on the entire record, supported by substantial evidence.

    5. A proceeding to review the final determination or order of the state review officer pursuant to subdivision three of section forty-four hundred four of the education law shall be brought pursuant to article four of this chapter and such subdivision; provided, however, that the provisions of this article shall not apply to any proceeding commenced on or after the effective date of this subdivision.
    “We in America do not have government by the majority. We have government by the majority who participate.” ― Thomas Jefferson

  3. #3
    Tony Fracasso - Admin
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    Quote Originally Posted by The Jokester
    Say a local government does something that goes against the need of the community. The community can file an Article 78 that, properly prepared, will cite the reasons for the community's appeal of the decision of the government with affidavits attached that show the experiences of those signed said affidavits. Basically, it appeals a government decision and can be considered as a lawsuit.
    Could starting a "sanitation" department for the soul option of rewarding a local town chairman with a job be considered "against the need of the community"?

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