Legal Question in Civil Litigation in New York

If a State Agency (say Child Support Collection Unit) Violates the ruling of a court order, twice. Can they be sued?


Asked on 10/22/09, 1:26 pm

2 Answers from Attorneys
Marshall Isaacs Marshall R. Isaacs, Attorney At Law

The proper procedure in such a situation is to commence an Article 78 Proceeding. The Article 78 Proceeding is similar to a lawsuit. Contact an attorney for more detailed information.

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Answered on 10/27/09, 1:59 pm
Michael Markowitz Michael A. Markowitz, PC

Marshall is correct. However, you would first have to exhaust all administrative remedies before commencing an Article 78 proceeding.

Mike.

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Answered on 10/27/09, 2:04 pm


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