NYP 12.txt

Special proceeding for judicial review of an action (or inaction) by GOVERNMENT or quasi-government officers or bodies of any kind

• Petitioner's right to relief requires that case would be subject to review under one of the 4 common law "prerogative writs"–
• 1) MANDAMUS TO COMPEL performance of an act required by law (i.e., an act where no discretion is involved)

• 2) PROHIBITION to stop a judicial officer from a GROSS EXCESS of power
• Examples of gross excess include granting a request for a double-jeopardy proceedings, or compelling depositions of witnesses neither party wishes to depose.
• Where there is no gross excess of power, proper remedy is for an appeal of the decision

3) CERTIORARI that challenges the results of a "trial-type" hearing conducted by an administrative agency. SoR: Substantial evidence in the record.

4) MANDAMUS TO REVIEW any type of administrative action not covered by 1-3

1) NY SUPREME COURT

2) 20 DAYS before the return date for court hearing

3) DECLARATORY or INJUNCTIVE relief

Four months running from petitioner's receipt of action challenged.