Hi! I'm a rent stabilized tenant living in Manhattan, and I recently finished up a housing court case. Unfortunately, much to my disappointment, the case did not end up with a conclusion that was satisfactory to me. Because of that, I am currently working on an appeal.
I was recently reading an article in the NY Times that discussed an individual who also had a housing court case that he was appealing, but he decided to pursue an Article 78 proceeding in which he could name the Judge, as well. This person believed the judge on his case had engaged in misconduct.
My circumstances are similar to that; I feel the judge in my case acted improperly and rendered a verdict that had little to do with the evidence or reality. Because of that, along with the Times article I mentioned above, I am wondering if I should also be looking at Article 78 proceedings as well as the appeal. I actually know a bit about Article 78 proceedings, and in fact years ago I was involved in one. At that time it involved a decision by an administrative agency, which made using the article 78 process a bit more clear. In this instance though, I am having some difficulty understanding the purpose of it, if the ability to appeal is available.
Anyone with experience on this end of housing court proceedings? I'm hoping for some insight as to when one would pursue an Article 78 out of an administrative housing court process, and if there is any particular gain to be had by pursuing both an appeal and an article 78.
My thanks in advance for any feedback from this community.