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Neighborhood Legal Services, Inc. |
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Neighborhood Legal Services, Inc. |
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Article 78 Petition
© 1997-8 by Neighborhood Legal Services, Inc.
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What can I do if I am unhappy with a Fair Hearing decision?
If you have received an unfavorable Fair Hearing decision, you may appeal it to the courts. As we have already told you, however, we will not handle the case for you.
To what court can I go to appeal?
For most cases, you must go to the New York State Supreme Court, located in Erie County Hall. You file what is commonly called an "Article 78 petition." Article 78 is part of the New York Civil Procedure Law and Rules.
These petitions are usually done by attorneys, so it may be difficult for you to file one by yourself. We strongly recommend that you find an attorney to help you.
Is there a time limit for filing an Article 78 petition?
Yes. Article 78 petitions must be filed within four months of the date of the Fair Hearing decision.
Can I do anything other than file an Article 78 petition?
If your challenge involves a question about the U.S. Constitution or the legality of a federal law, you may be able to file a case in the Federal Court or the New York State Supreme Court.
In that case, you may have up to three years to file. But you must be very careful about any deadline. We recommend that any challenge to a Fair Hearing decision be filed within four months of the date of the decision regardless of what court it is filed in.
