Legal Question in Civil Litigation in New York

How do I file an article 78 without a lawyer. No lawyers in this area think I am going to win but I want to fight for myself then..

What does the PETITION look like'''

You prepare the papers, e.g., notice of petition, petition, affidavit(s) and exhibits in support. You also need to prepare a request for judicial intervention. You buy an index number from the County Clerk. You bring the petition, notice of petition, affidavits, exhibits and RJI to the Motion Support Office. Be kind to the people in that office. Explain that you are pro se, wish to bring an Article 78 proceeding, and hand him or her the package. Listen carefully: he or she will do everything allowed by law to help you. Keep your patience and remember to smile, none of the problems are the fault of the highly-qualified civil servant you're dealing with.

Asked on 3/14/12, 9:42 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly
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Petition:

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK (OR OTHER COUNTY)

Your Name,

Petitioner

against

Whomever,

Respondent

TO THE SUPREME COURT OF THE STATE OF NEW YORK

THE PETITION OF ___ RESPECTFULLY SHOWS:

1. (WHo are you, e.g.,) Plaintiff is a citizen of the State of New York, residing at .....

2. (Who is the respondent) E.g.,On information and belief, Respondent village is a village and public corporation with its office at (Village Hall).

3. Here, in separate, simple sentences, explain what they did or did not do and why you are entitled to make it stop.

WHEREFORE, petitioner prays for an order and judgment pursuant to Article 78 of the CPLR, {describe what you want, e.g., directing the said village to connect the petitioner' premises to the publiuc sanitary sewer on paying the fee of $X.00}

Sign your name

Petitioner

Address

Phone #

You will need to add a verification, that's an affidavit tht says:

1. I am the petitioner herein.

2. I have read the foregoing petition and know the contents thereof; the same are true, except that as to matters alleged upon information and belief, and as to those matters, I believe the contents to be true, based upon {list the bases, such as review of public records, conversations with other persons who are in a position to know}.

_____

Sign again. Name underneath.

Sworn to before me this ___

day of ___, 2012.

_____

Notary Public

You also need a notice of petition. Most public libraries' reference section includes "McKinney's Forms for the New York Civil Practice." Theses are keyed to the practice statute (CPLR, Civil Practice Law and Rules) and the section: you need article 78. The forms will include the notice of petition (which the clerk has to sign). You might want to include a memorandum of law. The petition should state facts. The memo is where you would cite and discuss the statutes and/or case law. And make your arguments. And work with the pro se clerk, who may even have a set of forms you can work with.

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Answered on 3/15/12, 8:00 am

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