Special Proceedings

Question 1

When can parties seek a special proceeding?

Answer 1

When granted by statutory authority: probate, election disputes, landlord-tenant eviction proceedings, dissolution of a corporation, habeas, arbitration award enforcement, and CPLR 78

Question 2

If a claim has been filed as a special proceeding, but in error, what happens?

Answer 2

The court can convert it to the correct type of proceeding.

Question 3

What is the procedure for a special proceeding?

Answer 3

Petitioner commences one by filing a petition,
which must be served on the respondent by normal service procedures. The dispute is decided like a summary judgment motion.

Question 4

What are the requirements for the return date?

Answer 4

It must be at least 8 days from the service of notice - except in Art. 78 proceedings, must give respondent at least 20 days.

Question 5

If petitioner needs a faster return date, what should she do?

Answer 5

File the motion as an order to show cause