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Article 78 Proceedings in New York

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It’s reasonable to expect that you’ll have to deal with a New York agency or internal review board at some point in your life, especially with a local housing authority or maybe with the Department of Social Services. However, that also means an agency or internal review board could potentially rule in a way you’re not happy with or you don’t think is fair based on the circumstances, and that may leave you wondering what you can do. The answer: appeal the decision using a provision known as Article 78 proceedings. Through this provision and hearing process, you may be able to have the decision reversed and get an outcome you’re looking for.

While it’s not required that you have an attorney when filing your appeal and going through this process, it’s strongly advised you don’t try to tackle this task alone. Attorney Mahir S. Nisar and the New York employment attorneys of Nisar Law Group, P.C. have the experience you need on your side. He recognizes and understands how important your issues is to you, and that’s why you’re seeking help; an appeal may be your last chance to get the outcome you’re looking for. For this reason, Attorney Nisar and our entire team of strategic and results-oriented litigation attorneys can help you assemble a well-orchestrated case that focuses on your needs when making decisions. We keep your case on track and make sure your needs are represented using the fullest extent of the law to help you have the best chance at a successful outcome.

Call Nisar Law Group, P.C. today at (646) 760-6493 to request a case evaluation and get the help you need with your Article 78 matter.

The Article 78 Procedure

If you disagree with a decision you received from a New York agency or internal review board, you can appeal the decision through this process. The Article 78 Proceedings send the decision to the New York Supreme Court so that a judge can review them. Each county has its own Supreme Court, located at the County Courthouse so you shouldn’t have to worry about an extensive wait before your case is heard.

You can raise the following arguments in your Article 78 Proceedings:

  • The decision you were given was “arbitrary” or “capricious,” not reflecting the facts of your case
  • The decision was not supported by “substantial evidence,” or evidence that should be enough to justify the review board or agency’s decision

Just because you may firmly believe that your case qualifies for an appeal based one of these grounds is not a guarantee that your appeal will be successful; agencies often write some form of a reason for their decision, and courts often see this reason as legitimate, regardless of how thin and unsubstantiated it might be. For this reason, it’s wise to make sure you have an attorney in your corner who can help you with your case and present a strong case to disprove the agency’s reasoning behind their decision.

Put a lawyer on your side for your case today; contact Nisar Law Group, P.C. online now to start reviewing your options.

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