what is "leave to renew in a plenary action"?

V

vzavorok

New Member
Jurisdiction
New York
I got a decision in a case of Article 78 in Supreme Court. It states: "... petition is dismissed as untimely. Petitioner's clime for damage is severed with leave to renew in a plenary action". What does it mean? I may continue the current claim? I need to file a new claim? If yes, where: in the Civil or Supreme Court?
I'm acting pro ce.
Thank you, Vasiliy
 
Some context would be nice, but it typically means you have to refile a full law suit rather than the petition/motion you made which appears to be part of another suit.

In this reading between the lines, you had some administrative hearing you filed the Art. 78 on and it wasn't done close enough to the administrative decision to be heard. You'll have to start over with whatever your claim was, not just the art 78 protest.
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Sorry, flyingron, does it mean: I must to file new law suite vs NYC in Supreme Court regarding monetary loss only?
Thank you for your respond, Vasiliy
 
That would depend on just what you are protesting. In some cases you can refile the entire complaint in Supreme Court, in others you're going to have to go back to whatever agency you were dealing with originally. There's not enough information here to tell.
 
What means "refile the entire complaint"? Special procedure of standard filing with new RJI and OSC for $310? I may provide more information if you are not tired. Anyway, I need a counsellor. Thank you
 
You most likely need an attorney. The issue is they will not hear your protest about the hearing decision. That means that you have to either start over with whatever agency or possibly start a civil rights or similar action in the state or federal court if such would apply here.

You're getting way beyond what we can possibly do in a free board.
 

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