CPLR Article 78

Question 1

A proceeding against a body or officer shall be brought in ________.

Answer 1

Any county in judicial district where cause of action arose (CPLR 7804) (Memorize details of section 7804)

Question 2

T/F? In an article 78 proceeding a notice of petition must served

Answer 2

False (CPLR 7804)

Question 3

In an article 78 proceeding in the petition and notice of petition must be served at least __ days before the time stated for appearance

Answer 3

20 (CPLR 7804)

Question 4

In an article 78 proceeding the answer must be served at least __ days before the return date

Answer 4

5 (CPLR 7801)

Question 5

T/F? An article 78 proceeding shall not be used to challenge any determination which was made in a civil or criminal proceeding

Answer 5

True (CPLR 7801)

Question 6

T/F? An article 78 proceeding may be used to challenge a determination that can be reviewed by appeal by a higher court

Answer 6

False (CPLR 7801)

Question 7

T/F? An article 78 proceeding is not a special proceeding

Answer 7

False (CPLR 7804)

Question 8

In an article 78 proceeding, a notice of petition must be served at least \_\_ days before the time at which the petition is noticed to be heard 
A. 8 
B. 7 
C. 12 
D. 20

Answer 8

D. 20 (CPLR 7804)

Question 9

Which of the following statements is not correct? Only may be raised in article 78 proceeding are:
A. Failure to perform duty enjoined by law
B. Acting beyond jurisdiction
C. Unlawful, arbitrary and capricious determination, or abuse of
discretion
D. Determination made on substantial evidence in s hearing held on the
record

Answer 9

D. Determination made on substantial evidence in a hearing held on record (CPLR 7803)

Question 10

Answer and supporting affidavits in an article 78 proceeding must be served at least \_\_ days before time petition is noticed to be heard 
A. 1 
B. 2 
C. 5 
D. 7

Answer 10

C. 5 (CPLR 7804)

Question 11

Article 78 notice of petition against state body or officer(s) must in addition to body or officers be served on 
A. State comptroller 
B. Attorney general 
C. Chief judge of the court of appeals 
D. None of the above

Answer 11

B. Attorney general (CPLR 7804)

Question 12

Which of the following refers to an article 78 proceeding? 
A. Special proceeding 
B. Summary proceeding 
C. Appellate proceeding 
D. None of the above

Answer 12

A. Special proceeding (CPLR 7804)