How does an Article 78 work?
An Article 78 proceeding can be used to challenge a wide range of government actions: Challenge a State or City agency regulation or policy. Appeal the denial of a license. Prohibit government official from acting in violation of law or outside the scope of her authority.
What is an Article 78 proceeding quizlet?
What is an Article 78 proceeding? A judicial appeal.
What is a special proceeding?
A Special Proceeding provides an abbreviated telephonic hearing for parties with claims of $50,000 or less, exclusive of interest and expenses. The parties may not question an opposing party’s witnesses. The parties may not call an opposing party as a witness.
What is a verified petition New York?
Under New York law, a party commences a civil action by filing a summons and complaint. Typically, though not required in all instances, the plaintiff will verify the complaint. “A verification is a statement under oath that the pleading is true to the knowledge of the deponent .…” CPLR § 3020 (a).
What is a broker guilty of if he or she employs a salesperson who is not properly licensed?
A. A broker will be guilty of a misdemeanor if he or she employs a salesperson who is not properly licensed.
Which of the following tasks may an unlicensed assistant legally perform?
According to the policy, unlicensed assistants may perform the following activities: Answer the phone and forward calls to licensee. Transmit listings and changes to a multiple listing service. Follow up on loan commitments after a contract has been negotiated.
Was this action arbitrary-or-capricious?
When a judge makes a decision without reasonable grounds or adequate consideration of the circumstances, it is said to be arbitrary and capricious and can be invalidated by an appellate court on that ground. In other words there should be absence of a rational connection between the facts found and the choice made.