CPLR: Additional stuff

Question 1

Special proceedings

Answer 1

typically article 78, which is available to compel or prevent a public office(r) to do or not do certain acts. Art 78 is not available where an appeal is or where the decision is not final; these must be brought within 4 months

Question 2

ADR

Answer 2

ADR arises usually in the context of a contract; the CPLR rules may be waived with regard to evidence (but not right to attorney)

Question 3

ADR Modification

Answer 3

parties have 20 days from time of delivery of award to apply to arbitrators to modify award. A party has 90 days to apply to the court, which will only do so based on mistakes in descriptions or property, miscalculations, or awards on matters not submitted to arbitrators

Question 4

ADR Vacatur

Answer 4

a party has 90 days after date of delivery of award to apply to vacate; vacatur will be awarded if prejudiced by:

(1) corruption, fraud, procurement of award;
(2) partiality of a neutral arbiter;
(3) arbiter’s abuse of power;
(4) arbiter’s failure to follow proper procedures not waived by agreement.

Question 5

Appeals in general

Answer 5

only an aggrieved party may appeal; must do so within 30 days of receipt of the order of judgment

Question 6

Appeals as of right

Answer 6

To the appellate division: every judgment is appealable as of right unless the judgment was ministerial, an article 78, or motion for def. statement
To the Court of appeals: limited to final determinations in actions originating in the supermen court level, where there was a dissent by at least two justices or a an interpretation of federal/state constitution