Legal Question in Appeals and Writs in New York
article 78
How do i prepare and submit an Article 78 to appeal an unfair decision by an HUD arbitrator to issue a certificate of eviction
Asked on 1/13/04, 4:09 am
1 Answer from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: article 78
That is a very broad question. However, you would have to draft a petition that explains why the decision by the arbitrator was arbitrary and capricious. The petition must be verified. The petition must be served with a notice. The notice can either be by an order (Order to Show Cause) or by a Notice of Petition.
If this involves an eviction, the notice should be by Order to Show Cause, requesting a stay of the eviction proceeding. The Order to Show Cause should contain language on how the verified petition is to be served on the respondent.
Mike.
Answered on 1/13/04, 8:32 am
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