Special Proceedings

Question 1

What is a special proceeding?

Answer 1

Streamlined procedure to obtain a judgment as a final resolution

(Requires statutory authorization)

Question 2

What is the procedure for special proceeding?

Answer 2

1. Petitioner files a petition (the petition commences the special proceeding)
2. Petition and notice is served on respondent (by using the same methods of serving process in an action)
3. Return date may be no sooner than 8 days from service of process (BUT see exception!)

Question 3

What is the exception to the timing of the return date for special proceeding?

Answer 3

Article 78 proceeding (challenging government action): Return date may ne no sooner than 20 days from service of process

Question 4

How do you adjudicate a special proceeding?

Answer 4

By affidavits

(Decided in the same manner as summary judgment, i.e., based on the papers submitted to the court by both parties)