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FAQ

1) RJIs Generally The fee for filing an RJI (UCS 840, revised 2012) is paid to the County Clerk via the New York State Courts Electronic Filing System (NYSCEF) in e-filed cases and to the County Clerk's cashier's office, Room 160, in paper cases. A "fillable" form RJI is available on-line.

In order to properly bring an article 78 proceeding, a petitioner must have first exhausted their administrative remedies (discussed in detail below). Most importantly, an article 78 proceeding must be brought 4 months, or 120 days after a final agency determination.

You usually have to file your Article 78 proceeding in the New York State Supreme Court. Each county has its own Supreme Court. The Supreme Court is usually located at the County Courthouse.

In order to file a document electronically, as an attorney or a self-represented (pro se) litigant, it is necessary to register as a filing user on the NYSCEF page. When you file a claim electronically, it will be necessary to pay the $50.00 filing fee via credit card, or in person at the Clerk's office.

To file and serve documents through NYSCEF, attorneys and unrepresented litigants must record their consent or, in a mandatory case, record the name of the party whom they represent, in the NYSCEF system. In order to do that, each participant must first obtain a User ID and Password.

To commence a special proceeding you need to file the following with the County Clerk's Office: (i) Notice of Petition or Order to Show Cause; (ii) Verified Petition; (iii) Application for Index Number form; and (iv) Request for Judicial Intervention (RJI) form.