Legal Question in Civil Litigation in New York
Introducing New Facts Not in our OSC during Art. 78 proceeding
New relevant facts have come to light and been brought to our attention subsequent to our filing of an Order to Show Cause as
pro se petitioners which has resulted in this Article 78 proceeding.
The Article 78 proceeding is imminent and it is too late to submit additional paperwork to the court.
Under what rules or laws, or what would be the proper procedures, for us to bring these new facts, which are relevant to the case, and incorporate them into our argument of our case to the court during thus Article 78 proceeding, even though this would be the firdst time we are apprising the court of thse facts, even though we did not mention these facts in any of the paperwork we filed with the court?
1 Answer from Attorneys
Re: Introducing New Facts Not in our OSC during Art. 78 proceeding
You would have to wait for a decision from the Court and then file a motion to renew under CPLR 2221.
Mike.