Firm Location

We are conveniently located at 350 Broadway, Suite 214, NY, NY 10013, in the civic center section of lower Manhattan. Our office is nearby to virtually all the Courts as well as Federal Plaza. Our office is also convenient to public transportation: N,R,1,2, 4,5,6,A,C,E trains.

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Article 78 Special Proceeding

English/Polski

O nas:

Witmay na stronie kancelarii prawniczej The Rosenthal Law Firm, P.C. Kancelaria proponuje swoim klientom szeroki zakres usuług w sprawach administracyjnych na terenie Stanów Zjednoczonych i Polski. Zajmujemy się głównie:

• Mediacjami rodiznnymi i rozwodowymi;
• Rozwodami (uznania wyroków także w Polsce);
• Spisywaniem testamentów;
• Pełnomocnictwa – „Power of Attorney“;
• Sprawy w Polsce;
• Usługi notarialne;
• Wypadki (drogowe, w pracy);
• Szeroki zakres uslug w sprawach imigracyjnych;

JESTEŚMY UMÓWIĆ SIĘ Z KLIENTEM NA SPOTAKNIE W DOGODNYM DLA NIEGO MIEJSCU I CZASIE – TAKŻE W WEEKENDY!

JEŻELI PO PIERWSZEJ KONSULATACJI ZDECYDUJESZ SIĘ ZOSTAĆ NASZYM KLIENTEM – PIERWSZA KONSULTACJA BĘDZIE GRATIS!

Historia:

Nasza kancelaria ma już ponad dziesięcioletnią historię. Występujemy przed licznymi sądami, trybunaami – w tym arbitrażowymi, agencjami administracyjnymi i różnego rodzaju komisjami;

Sądy, w których gotowi jesteśmy Cię reprezentować: Supreme Court of the United States (Sąd Najwyższy Stanów Zjednoczonych), Appellate Division (Sądy Apelacyjne), State Supreme Court (Najwyższe Sądy Stanowe), Federal District Court (Sądy Federealne), Civil Court, Appellate Term, Family Court (Sądy Rdzinne), Criminal Court, Immigration Court (Sądy ds. Imigracyjnych), Board of Immigration Appeals (BIA), USCIS, Civil Service Commission, American Arbitration Association, OATH.

Usługi:

• Mediacjami rodiznnymi i rozwodowymi;

Prawo imigracyjne w Stanach Zjednoczonych jest bardzo skomplikowane, dlatego ważne jest, aby otrzymać dobrą poradę prawniczą i wybrać prawnika, który pomoże Ci w dopełnieniu wszekich formalności. POMOGLIŚMY JUŻ SETKOM KLIENTÓW

    - zielone karty;
    - wizy pracownicze;
    - wizy rodzinne;
    - obywatelstwa;
    - naturalizacja;
    - azyl poityczny;
    - deprtacje;
    - pomoc ofiarom przemocy domowej;
    - pobyty tymczasowe;
    - i wiele innych;

Mediacje rozwodowe i rodzinne:

Pomagamy przejść przez proces rozwodowy w gładki i w miarę możliwości szybki sposób;

    - pomagamy w uzgodnieniu sposobu uczestnictwa rodziców w życiu dzieci (opieka, miejsce zamieszkania, spotkania, kwestie finansowe);
    - uregulowanie kwestii finansowych i majątkowych (podział spadku, gospodarowanie wspówłasnością);

Testament:

Pomagamy w spełnieniu wszystkich formalności potrzebnych do spisania ważnego testamentu;

    - czy testament sporządzony w USA jest ważny w Polsce?
    - Jak podważyć istniejący testament?

Pełnomocnictwa – „Power of Attorney“:

    - Czy mogę upoważnić kogoś do zajmowania się moimi sprawami w Polsce? Jak?

Wypadki:

Jeżeli doznałeś uszczerbku na zdrowiu należy Ci się zadośćuczynienie od strony odpowiedzialnej za Twoje doznania.

Jeżeli myśisz, że nic Ci się nie należy, możesz się mylić. Może warto zasięgnąć opinii specjalistów?

Pomogliśmy już wielu klietom otrzymać pieniądze od firm ubezpieczeniowych.

Poprzez rekompensate życie naszych klientów stało się odrobinę łatwiejsze.

JEŻELI PO PIERWSZEJ KONSULTACJI ZDECYDUJESZ SIĘ, ŻEBY NASZ PRAWNIK ZAJĄŁ SIĘ TWOJĄ SPRAWĄ – PIERWSZA KONSULTACJA GRATIS!

Więcej szczegółów i informacji DZWOŃ – 212.625.83.00

Nasze biuro usytuowane jest w sąsiedztwie Sądów na Dolnym Manhatanie.

Linie metra: N,R, 1, 2, 4, 5, 6, A, C, E;

Religious Worker Adjustment Of Status

Our New York Legal Services

We Can Assist You with the Following Legal Services:

IMMIGRATION

With our law offices located in downtown Manhattan, just one block away from the Immigration Building at Federal Plaza, we have New York lawyers who can assist in all phases of immigration work such as:

• Family visas - Helping a family member, be it your spouse, fiance(e), child,parent or brother or sister, to become a permanent resident green card holder in the United States, follows basically the same procedures. Although it may appear clear-cut, there are many nuances in each classification of family-based visa. If you have any questions regarding these visas, please contact us for more information on family based immigration to the US.
• Employment visas - Every fiscal year approximately 140,000 employment-based immigrant visas are made available to eligible applicants under the dictates of U.S. immigration law. Employment based immigrant visas are categorized into five preference classifications. Certain spouses and children may accompany or follow-to-join employment-based immigrants.
• Green Cards - The green card serves as proof that its holder, a lawful permanent resident (LPR) of the United Staes, has been officially granted immigration benefits, which include permission to live and work in the United States. The holder must maintain permanent resident status, and can be removed from the United States if certain conditions of this status are not met.
• Citizenship and Naturalization - Naturalization is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).
• Naturalization
• Asylum - Someone may ask for a political asylum when they are frightened to live in their own country. People who qualify for asylum are those who can establish that they might be badly treated in their own country because of their: Race, Nationality, Religion, Political opinions or Membership of a particular social group or social activities.
• Deportation/Removal defense through immigration and federal courts
• Assistance to survivors of domestic violence
• Temporary Protected Status (TPS) - TPS is a temporary benefit that does not lead to lawful permanent resident status or give any other immigration status. The Secretary of Homeland Security may designate a country for TPS due to the following temporary conditions in the country: ongoing armed conflict (such as civil war); an environmental disaster (such as earthquake or hurricane), or an epidemic or other extraordinary and temporary conditions.
• Visas for crime victims
• Assistance to survivors of human trafficking
• Other types of immigration assistance

ARTICLE 78

• Under Article 78 of the New York Civil Practice Law and Rules, you may challenge a written decision made by a public agency you believe has wronged you. Given that administrative agencies preside over many areas of your day to day life and frequently decisions which can be deemed arbitrary and capricious that have a significant impact on it. Under Article 78 of the New York Civil Practice Laws and Rules a court can review this decision. Appeals can range from public employers to licensing authorities to the Department of Health to the New York City Housing Authority and City, County and State employment agencies
• Preparation of Notice of Petition/Petition
• Filing of Petition
• Service of Petition
• Representation on Petition
• Oral Argument, if necessary

CONTRACT DISPUTES

• If you signed and executed a great business contract and then suddenly, it all went sour, you need to know your rights. If your business agreement has breached you need to know the difference between a material and non-material breach. As well as what you can expect a Court to do if you decide to sue based upon such a violation. 

PERSONAL INJURY

• Any injury you sustain to your body, mind or emotions, may be compensable within the context of a tort lawsuit alleging that the plaintiff's injury has been caused by the negligence of another. The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents

Article 78

Article 78 refers to a particular section of the New York State Civil Practice Law and Rules ("CPLR"), however, it has become synonymous with a special proceeding which allows for the challenge or review of administrative action in court.

As stated within the language of Article 78, its target is so broad and general that it includes every "body or officer" including "every court, tribunal, board, Corp., officer, or other person or aggregation of persons, whose action may be affected" by an Article 78 proceeding. Nevertheless the administrative agency is its primary target.

Article 78 proceedings blaze a trail from the administrative agency to the courthouse, and essentially focus on several different kinds of questions.

Arguably, the best known function of Article 78 is to address the "arbitrary and capricious test". In other words, to determine whether a decision made by an agency was "without sound basis in reason and . . without regard to the facts." In sum, was it unjustifiable as a mater of law.

Similarly the "abuse of discretion" is another basis for overturing an agency decision. Discretion is the authority to make any one of several decisions within certain parameters. Once those parameters have been breached, discretion is said to have been abused. If a court finds that an agency made a decision within certain confines, it will not substitute its own judgment for that of the agency.

Another question raised by Article 78 - mandamus - addresses "whether the body or officer failed to perform a duty enjoined upon it by law". In this context, an Article 78 proceeding can be used to force the execution of a responsibility which is solely ministerial and does not require judgment or discretion. Examples when Article 78s can be used in this regard are: in the civil service area - if an answer given on an examination is demonstrated to be as good as the one respondents fashioned, a mandamus direction can be had to compel the acceptance of his answer; a mandamus can compel a judge to render a decision in a case where he has not complied with the statutory deadline for rendering decisions; it can be used to force a public official to pay certain moneys if said payment is incontestable.

Yet another question, and perhaps the most applicable to the populace, queries "whether a determination made as a result of a hearing held and at which evidence was taken pursuant to direction by law is on the entire record supported by substantial evidence". The "substantial evidence" test essentially reviews whether an agency determination strikes the Court as being rational on the record.

What does all of this mean to you? Simply put, if you believe that an agency has mishandled your case, or made an improper decision, you have an opportunity to have your case reviewed by a New York Supreme Court judge.

I HEARD YOU HAVE TO MOVE FAST TO FILE AN ARTICLE 78 . . .

This is absolutely true. Special sensitivity must be given to the timing of filing your Article 78 because the statute of limitations on an Article 78 proceeding is VERY short. In fact it is ONLY FOUR MONTHS. Therefore, punctuality in these cases is as important as the case itself. It is always a good idea to hold on to the envelope that the decision came in, because the deadline

starts to run from the day you received the decision, not the date of the decision itself

I HEARD YOU HAVE TO FILE THE ARTICLE 78 WITH THE COURT . . .

Actually, an Article 78 proceeding can be filed in 2 ways. First is by "order to Show Cause." This manner is particularly valuable if you fear the agency may take action against you before the Court renders its decision. By requesting the Court include a stay in the Order you can prevent the agency from taking further action while the Article 78 is pending.

The other way to file your action is by "Notice of Petition." This is the more conventional manner of commencing the Article 78. You can not schedule your day in Court in less than 20 days from the day of filing to allow the other side time to respond to your papers.

I HEARD THIS IS NO TRIAL IN AN ARTICLE 78 PROCEEDING . . .

Most Article78 proceedings are resolved on the submission of papers alone. It is the rare case that one presents an issue of fact requiring a trial. There is an opportunity to make oral arguments before the Judge who will decide the case, however, the Article 78 proceedings are really won with a winning argument articulated in your written Petition.

If you can write well, and make your point come across on paper, then you might consider filing your Article 78 pro se - without the help of a lawyer. But if you find the procedure confusing, or if you know you case but can not explain in a way that someone else will understand it clearly, you may consider a lawyer to be a worthwhile investment.

Call our office at 1-877-LAWS-ABC - our initial consultation is free upon retainer.

Awards

Mr. Rosenthal has appeared before numerous courts, tribunals, arbitration panels, administrative agencies and commissions in his more than 10 years of practice.

The Courts of Practice include, but are not limited to:

Supreme Court of the United States, Appellate Division, State Supreme Court, Federal District Court, Civil Court, Appellate Term, Family Court, Criminal Court, Immigration Court, Board of Immigration Appeals (BIA), USCIS, Civil Service Commission, American Arbitration Association, OATH.

Areas of Practice

Contract Disputes:

• Drafting
• Analysis
• Breach of Contract
• Contract Litigation

When it comes to contacts, the main concern is was there a "meetings of the minds"? And that question basically boils down to language and nuance.
The Rosenthal Law Firm, P.C. has successfully negotiated contract disputes as well as litigated contract issues before the courts of New York.

Areas of Practice

Personal Injury:

• Motor Vehicle Accidents
• Slip and Fall
• Medical Malpractice
• Products Liability
• Construction Accidents

Sadly, there are so many ways people can get seriously injured, they are too numerous to list. If you have been hurt, you may be legally entitled to a money award from the responsible party. Even if you don’t think you are entitled to money, you might be. It is always worthwhile to investigate further.
Our office has helped clients collect money from insurance companies for their accidents, and in so doing made their lives a little easier.
Sure there are many lawyers out there that practice personal injury law, but seek out the lawyers that will go the extra mile - the firm where you will not be considered just another file!

Legal Advice:

Factors to Consider

There are several crucial factors to consider before determining whether an attorney has the requisite experience at different levels and phases of the process. The attorney must demonstrate that he has prepared, reviewed, filed, and represented clients in a wide range of proceedings. In addition, the attorney must continue to raise his own level of legal education by taking ongoing educational courses and keeping up to date of the latest developments and changes in law. Granted, all of this knowledge and experience may not always be necessary. Nevertheless, when your case is prepared properly from the beginning and presented appropriately you have given yourself the best chance to win.
Before you spend your hard-earned money with an attorney who claims to be a magician or miracle worker, sit down and discuss your matter with our firm, and then obtain a second opinion if you feel it to be necessary. As honest and competent attorneys we understand that a second opinion is important to you.  We look forward to meeting with you and offering you the professional guidance, counsel and direction that we have been offering to our other satisfied clients over the past decade.

Sadly, there are so many ways people can get seriously injured, they are too numerous to list. If you have been hurt, you may be legally entitled to a money award from the responsible party. Even if you don’t think you are entitled to money, you might be. It is always worthwhile to investigate further if you have a Personal Injury case

Need a green card?

The United States immigration laws are complex and confusing. Moreover, they are constantly being reviewed with an eye for change. In our post 9/11 environment where the threat of foreign terrorism remains ever present, immigration controls have become even more strict.

Mr. Rosenthal has appeared before numerous courts, tribunals, arbitration panels, administrative agencies and commissions in his more than 10 years of practice.

http://www.douglasrosenthal.com/

The Rosenthal Law Firm, PC

www.douglasrosenthal.com

The Rosenthal Law Firm, P.C. is a fulls service law firm intent on providing its clients with professional quality legal services in a timely manner and at reasonable cost.

Legal Advice

How To Choose A Good Lawyer

Locating a competent attorney to handle your particular case is about as crucial as finding the right doctor for yourself or a family member. An unacceptable doctor can be deadly; so too an incompetent or inexperienced attorney can kill your chances for success in Court. Investing some time to determine the attorney’s qualifications may very well save you unnecessary disappointment.
Therefore, deciding who would be the best lawyer to represent you in your case is particularly important, as it could make a difference between whether you will win or lose your case.  Self-serving newspaper advertising by lawyers will not necessarily lead you to the best attorney. When selecting your attorney you should set aside all of the popular advertising and promotions, and consider the lawyer’s background, knowledge, and experience. You should check whether your lawyer has any experience in litigation before the courts.  Likewise, since you may need to appeal your case, your attorney should be familiar with appeal procedure.
Aside from just looking into knowledge and experience, you should also be aware if your attorney appears to be a hard-working practitioner, attentive to your needs and offering personal attention to his other individual clients. The bottom line question you should ask yourself: DOES MY LAWYER TREAT ME LIKE I THINK I DESERVE TO BE TREATED? If he doesn’t, then he may not care enough about your case.

Read more here! 

Areas of Practice

Immigration and Nationality Law:

The United States immigration laws are complex and confusing. Moreover, they are constantly being reviewed with an eye for change. In our post 9/11 environment where the threat of foreign terrorism remains ever present, immigration controls have become even more strict.
Therefore, it is important that you have experienced legal counsel to guide you through the immigration process. We have assisted hundreds of clients with their immigration difficulties.
Specifically, we have represented clients in all areas of this specialty, including: citizenship (naturalization); permanent residence (green cards) - family cases, employment cases, visa lottery cases; deportation and removal cases; political asylum; non-immigrant visas, visa extensions and changes of status.
Sensitive to your needs, we offer you practical advice and guidance as we direct your case through the maze commonly known as the Immigration Service.

Read more here! 

Areas of Practice

Debt Collection and Judgment Enforcement Law:

• Supplemental Proceedings
• Restraining Notices
• Levies and Executions
• Wage Garnishment

If you or your business is owed money, you have come to the right place. Our office has helped a multitude of clients recover monies rightfully owed to them. Whether the amount to be collected is large or small, you will always be treated like an individual as we confront the party responsible for your debt.
As you may know, securing a judicial money judgment from a Court does not have the effect of getting you paid. You can not deposit that judgment in a bank. Rather, the judgment gives you access to certain powerful New York State laws which can be used to enforce your judgment against the judgment debtor.
At The Rosenthal Law Firm, P.C., we have the capability to investigate and track the debtor, which can lead to full recovery. See the section entitled "case Results" for further details on specific cases.
In this area, we handle cases from inception of the claim through the litigation or court process, all the way to trial, if necessary. Likewise, if you already have a judgment which you have not been able to collect you owe it to yourself to contact us to discover what other avenues might be available to you.
In addition, we have helped clients structure settlements, and prepare agreements which lead to the orderly payment of debt and another satisfied client!

Read more here! 

Services

We Can Assist You with the Following Legal Services:

IMMIGRATION

• Family visas
• Employment visas
• Green Cards
• Citizenship
• Naturalization
• Asylum
• Deportation/Removal defense through immigration and federal courts
• Assistance to survivors of domestic violence
• Temporary Protected Status (TPS)
• Visas for crime victims
• Assistance to survivors of human trafficking
• Other types of immigration assistance

 
ARTICLE 78

• Preparation of Notice of Petition/Petition
• Filing of Petition
• Service of Petition
• Representation on Petition
• Oral Argument, if necessary

About Our Company

Welcome to The Rosenthal Law Firm, P.C. - a law firm intent on providing its clients with professional quality services in a timely manner and at reasonable cost. It is the firm’s mission to offer authoritative and effective legal counsel.
To ensure the high quality legal services of The Rosenthal Law Firm, P.C., the firm’s areas of concentration has been limited to Immigration and Nationality Law, Debt Collection and Judgment Enforcement Law, Article 78 Special Proceedings and related Administrative law pertaining to OATH, DCAS, EXAMS, DENIALS, LICENSES, Personal Injury, Contract Disputes, Real Estate Law as well as APPEALS work . Within these designated areas, the services offered to the firm’s diverse client base are broad, spanning from litigation in court to representation before administrative agencies as well as the negotiation and drafting of contracts and other agreements.
As the firm's clients find themselves in need of guidance to preserve their rights in an increasingly global economy and faced with challenges presented by the dawn of the new millennium, The Rosenthal Law Firm, P.C. stands ready to assist its clients in grappling with and overcoming those challenges.
If you or someone you know can benefit from representation or counsel by The Rosenthal Law Firm, P.C. please note the initial consultation is free upon retainer.

Courts of Practice

Mr. Rosenthal has appeared before numerous courts, tribunals, arbitration panels, administrative agencies and commissions in his more than 10 years of practice.
The Courts of Practice include, but are not limited to:
Supreme Court of the United States, Appellate Division, State Supreme Court, Federal District Court, Civil Court, Appellate Term, Family Court, Criminal Court, Immigration Court, Board of Immigration Appeals (BIA), USCIS, Civil Service Commission, American Arbitration Association, OATH.