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This entry was published on 2014-09-22
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Nature of proceeding
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 78
§ 7801. Nature of proceeding. Relief previously obtained by writs of
certiorari to review, mandamus or prohibition shall be obtained in a
proceeding under this article. Wherever in any statute reference is made
to a writ or order of certiorari, mandamus or prohibition, such
reference shall, so far as applicable, be deemed to refer to the
proceeding authorized by this article. Except where otherwise provided
by law, a proceeding under this article shall not be used to challenge a

1. which is not final or can be adequately reviewed by appeal to a
court or to some other body or officer or where the body or officer
making the determination is expressly authorized by statute to rehear
the matter upon the petitioner's application unless the determination to
be reviewed was made upon a rehearing, or a rehearing has been denied,
or the time within which the petitioner can procure a rehearing has
elapsed; or

2. which was made in a civil action or criminal matter unless it is an
order summarily punishing a contempt committed in the presence of the