Filing Article 78 Proceedings

Summary

The user is disputing an overpayment of SNAP benefits due to unreported unemployment benefits. In New York, Article 78 proceedings are used to appeal decisions of state or local agencies and can be filed in the Supreme Court of the county where the user lives or where the agency is located. The user typically has 60 days from the date of the notice or four months from the date of the decision to file an Article 78 proceeding. The form requires personal information, details about the agency decision being appealed, and reasons for believing the decision was incorrect. It must be notarized by a notary public or a lawyer. The user can obtain the Affidavit in Support of Application to Proceed as a Poor Person form from the New York State Unified Court Systems website or at a local courthouse.

Full Conversation

hello I have until august * to file an article *
What is the nature of the issue you're seeking to address with the Article * proceeding?
the issue is overpayment of snap benefits due to unreported unemployment benefits and losing my fair hearing
What state are you in, Shenna? Different states have different rules for filing an Article * proceeding.
New York
What is the exact amount of the overpayment you're disputing?

In New York, Article * proceedings are used to appeal decisions of state or local agencies.
*,*
$*,*
What agency made the decision you're appealing against?

In New York, Article * proceedings can be filed in the Supreme Court of the county where you live or where the agency is located.
New York City atp
What is the reason given by the New York City ATP for the overpayment of SNAP benefits?

In New York, Article * proceedings:
- Are used to appeal decisions of state or local agencies.
- Can be filed in the Supreme Court of the county where you live or where the agency is located.
Unreported unemployment befits from June * * to April * *
Did you receive any official notice or letter from the New York City ATP regarding this overpayment?

In New York, it's important to respond to such notices promptly to avoid potential penalties.
Yes
What was the date on the official notice or letter you received from the New York City ATP?

In New York, you typically have 60 days from the date of the notice to file an Article * proceeding.
Decision date April * *
What is the reason you didn't report your unemployment benefits?

In New York, not reporting changes in income can lead to overpayment of SNAP benefits and penalties.
i was unaware I did not report it this was my first time ever applying for snap benefits and did not intentionally not send it. I filed everything via app and they eventually recieved my unemployment statement
What date did they receive your unemployment statement?

In New York, ignorance of the law is not typically a valid defense. However, if you can prove it was an honest mistake, it may help your case.
After April *, *
What actions have you taken since you received the notice of overpayment from the New York City ATP?
i looked for legal help but had no luck as I am low income and most agencies did not have time
What is the current status of your Article * proceeding?

In New York, you can seek help from legal aid societies or pro bono services for low-income individuals.
I have not filled it out yet and need help
What specific help do you need in filling out the Article * proceeding?
how to properly feel it out
What part of the Article * form are you having trouble with?

In New York, the form typically requires:
- Your personal information
- Details about the agency decision you're appealing
- Your reasons for believing the decision was incorrect.
how to even fill it out
What specific section of the Article * form are you finding difficult to complete?
I’m confused who is supposed to notarize this
In New York, a notary public or a lawyer can notarize your Article * form. It's important to ensure all information is accurate before notarization.
How many days do I have to fill out an article *
In New York, you typically have 60 days from the date of the notice to file an Article * proceeding.
how many days do I have for a article * for public benefits
In New York, you typically have four months from the date of the decision to file an Article * proceeding for public benefits.
What would be four months from April *, *
Four months from April *, * would be August *, *.
Where can I obtain AFFIDAVIT IN SUPPORT OF APPLICATION TO PROCEED AS A POOR PERSON
You can obtain the "Affidavit in Support of Application to Proceed as a Poor Person" form from the New York State Unified Court System's website or at your local courthouse.