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.
1 Answer from Attorneys
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.