CPLR 7802 — Legislation

Legislation Search OpenLegislation Statutes Search Term Search icon Search previous SECTION 7801 Nature of proceeding up ARTICLE 78 Proceeding Against Body or Officer next SECTION 7803 Questions raised Viewing most recent revision (from 2014-09-22) View historical revision as of: -- Choose a Date -- 2014-09-22 Share Facebook Email SECTION 7802 Parties Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 78 § 7802. Parties. (a) Definition of "body or officer". The expression "body or officer" includes every court, tribunal, board, corporation, officer, or other person, or aggregation of persons, whose action may be affected by a proceeding under this article (b) Persons whose terms of office have expired; successors. Whenever necessary to accomplish substantial justice, a proceeding under this article may be maintained against an officer exercising judicial or quasi-judicial functions, or member of a body whose term of office has expired. Any party may join the successor of such officer or member of a body or other person having custody of the record of proceedings under review. (c) Prohibition in favor of another. Where the proceeding is brought to restrain a body or officer from proceeding without or in excess of jurisdiction in favor of another, the latter shall be joined as a party. (d) Other interested persons. The court may direct that notice of the proceeding be given to any person. It may allow other interested persons to intervene.