CPLR Article 78 concept review *11 Multiple Choice consisting of Hybrid True/False and Matching Questions.

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CPLR 7804. True/false? An article 78 proceeding (proceeding against a body or officer) is not a special proceeding.

CPLR 7804. In an article 78 proceeding, a notice of petition must be served at least______days before the time at which the petition is noticed to be heard.

CPLR 7803. Which of the following statements is not correct? Only questions that may be raised in Article 78 proceeding are:

CPLR 7804.answer and supporting affidavits in an article 78 proceeding must be served at least______days before time petition is noticed to be heard.

CPLR 7804.article 78 notice petition against anybody or officer(s) must in addition to body or officers be served on:

CPLR 7804. Which of the following refers to an article 78 proceeding?

CPLR 7804. TRUE/FALSE? A proceeding against a body or officer shall be brought in any county in judicial district where cause of action arose.

True/false? in an article 78 proceeding, court can grant order to show cause to be served in lieu of a notice of petition.

CPLR. 7804. A proceeding against a body or an officer shall be brought in ________________.

CPLR 7801. true/false? An Article 78 proceeding may be used to challenge any determination that can be reviewed by appeal by a higher court.

CPLR 7804. true/false? An Article 78 proceeding shall not be used to challenge any determination which was made in a civil or criminal proceeding.

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special proceeding

20 days

False. it IS a special proceeding

Attorney General

True. Article 7804. *an article 78 proceeding, the court can grant an order shall cause to be served in lieu of a notice of petition.

False. An Article 78 proceeding may be used to challenge a determination that can be reviewed by appeal by a higher court.

"........." any country in judicial district where cause of action arose. (memorize details of venue - section 7804: generally, a proceeding against a body or officer shall be brought in supreme court in any county in judicial district where respondent made determination complained of or refused to perform duty enjoined upon him by law, or where proceedings were brought or taken in course of which matter sought to be restrained originated, or where the material events otherwise took place.)

5 days

true. (unless determination is an order punishing a contempt committed in the presence of the court).

Determination made on substantial evidence in a hearing held on the record.

True. CPLR 7804. (Memorize details of venue-section 7004: Generally, a proceeding against a body or officer shall be brought in Supreme Court in any County in judicial district where respondent made determination complained of or refuse to perform duty enjoined