Article 78 are motions that an attorney makes to force a government agency in the state of New York to either stop doing something or to do something. This goes far back in American legal history to the year 1803 when a very famous case named Marbury v. Madison was decided. Every law student knows of this case. The holding of the case was to determine once and for all that the court could tell the government in some instances what to do here. Orders to Show Cause are most often used in criminal law as a “vehicle” to speed up an Article 78 when there is good cause to do so. In criminal defense work, we use Article 78 motions most often when trying to correct a governmental mistake. These are often used when a person loses a parole appeal or has unfair parole conditions placed on him by the New York Department of Corrections and Community Supervision. However, it can be used for other criminal matters as well.
Art 78 / Order to Show Cause
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