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HomeAreas Of SpecializationArticle 78

Article 78

What is an Article 78 Proceeding?

An Article 78 proceeding is used to appeal the decision of a New York State or local agency to the New York courts.

What can I do if I get a decision from a New York agency that I disagree with?
If you disagree with an agency decision, you can appeal the decision to the New York courts. You can do so by bringing an “Article 78 Proceeding.”

Is there a time deadline for filing an Article 78 proceeding?
Yes. Article 78 proceedings must generally be filed within four months of the date you receive the decision you want to appeal. Check with a lawyer as soon as you can to find out if your deadline is even shorter.

What arguments can I raise in my Article 78 proceeding?
One argument you can raise is that the agency didn’t follow its own rules when it made the decision. Two of the other things the court can consider are 1) whether the decision was “arbitrary and capricious” or 2) not supported by “substantial evidence”. These words have special legal meanings. “Arbitrary and capricious” means the decision is not reasonably related to the facts of the case. “Substantial evidence” is evidence that a reasonable person would accept as enough to support the agency’s decision. If you lost a hearing, you probably feel that you should win on both of these issues. New York courts very often decide in favor of the agency if the agency has written down some reason for its decision, even if many people would think the decision was wrong.

Can I do anything else besides filing an Article 78 proceeding?
If your case involves rights protected by the U.S. Constitution or the legality of a federal law, you may be able to file a case in the federal court or in the New York State Supreme Court. In that case, you may have up to three years from the date of the unfavorable hearing decision to file your case. It is usually safest to file the challenge to the unfavorable hearing decision within four months of the date of the decision anyway, or sooner, to make sure that you do not miss a time deadline.

Article 78

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The case of Yolanda Cohen decided by the Appellate Division Third Department shows the importance of a fact-based defense by a Claimant showing “good cause” for a resignation due to workplace harassment. We at Advocatz use terms […]

CHANGING THE FORMULA FOR CLIENT REPRESENTATION IN DISPUTE RESOLUTION AND LITIGATION

Experts in New York State and New York City 3020-a Arbitration. We  have won more than 40 incompetency and misconduct cases.

Advocatz is a client-centered consulting business for people who need a partner as they go through the Courts, grievances, or life problems. We are experts in labor and employment arbitration, particularly the arbitration or due process hearing for tenured teachers known as 3020-a.

We are paralegals, non-attorney advocates, and Expert witnesses who support all of our clients as they pursue a just and fair resolution through litigation, negotiation, arbitration and mediation.

Team Advocatz always puts the needs of the client first.
We have a unique strategy wherein we fill the communication gap between representative/lawyer and client by working on a set-fee basis, not an hourly rate, and by giving unlimited time to each client for research and discussion. Our goal is to assure each client that he or she has someone in their corner at all times and that the arguments presented are accurate and comprehensive.
We keep all parties on the same page.
We specialize in 3020-a Arbitration throughout New York State as well as in New York City, and we also assist Attorneys hired to do  Article 75 and 78 appeals, Part 83 Appeals, First Department Appeals, and civil actions in State and Federal Court.
Additionally, for more than 15 years we have represented parents/guardians at Impartial Hearings, where we obtain public funding for non-public and private schools. We also attend IEP meetings, evaluations and conferences as part of our set fee.

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Prohibit The Department of Education Lawyers From Using The Danielson Rubric For Observation Reports and 3020-a Arbitration

Stellar, Dedicated Teacher Eileen Ghastin Fights the Arbitrator’s Decision To Suspend Her For Four Weeks After Almost Being Beaten Up in Her Class

The New York City Teachers’ Union Contract: Shackling Principals’ Leadership.

Outrage Spreads Throughout New York City And State At The Sell-out of Members’ Rights By The United Federation of Teachers (UFT) And the Unity Caucus

Attorney Michael Francis: Suborning Perjury at 3020-a

Why Observation Reports Should Not Be Used To Terminate a Tenured Employee by Betsy Combier

Inside 3020-a Teacher Trials

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Ten of the twenty-four 3020-a Arbitrators Quit the NYC UFT/DOE Panel

The New York City Rubber Room Anti-Teacher Charging Process Shows How Corrupt the Carmen Farina-Bill De Blasio Department of Education Really Is. by Betsy Combier

NYSUT Changes To Tenure and the Tenured Teacher Removal Process in 3020-a….What a Scam

Retirement After Being Charged With 3020-a Automatically and Permanently Terminates a NYC Teaching License

Dennis Walcott’s Speech on “Ending Just Cause at 3020-a

The 3020-a Arbitration Newswire: Gotcha Squad Attorney Ian Nikol

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