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Questions & Answers

How do I file an Article 78 ‘Pro Se’ Lawsuit If my FOIL request was denied?

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QUESTION

I have until Thursday to file an Article 78 on a FOIL Appeal denial in Rockland County by the Town of Ramapo.
It’s a very straightforward legal issue and I am thinking of pursuing it ‘pro se’ because I am so incensed.

It was a request for a spreadsheet which I had personally seen on the prior director of planning ipad which we discussed. I asked for it and was denied based on the materials being intra-agency and being draft.

Based on COOG opinions, I strongly believe the records should have been released. I am wondering if your attorneys may have some examples of a petition that I could reference. I am thinking that the main request is to get the court to order the materials released to the judge to review for a court determination.

Answer

Thanks for contacting our organization. Filing an Article 78 on your own is not an easy task but one of our members Mike Franklin, recently did so successfully.

We recently had attorney Mike Higgins from the University at Buffalo Law School Civil Rights and Transparency Clinic do a training on how to file an Article 78 lawsuit.

Below is some information that might be helpful.

Article 78 Power Point

Article 78 Self Help Guide

Article 78 Sample Lawsuit

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