N.Y. CPLR § 7801

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 7801 Nature of proceeding § 7801. Nature of proceeding. Relief previously obtained by writs ofcertiorari to review, mandamus or prohibition shall be obtained in aproceeding under this article. Wherever in any statute reference is madeto a writ or order of certiorari, mandamus or prohibition, suchreference shall, so far as applicable, be deemed to refer to theproceeding authorized by this article. Except where otherwise providedby law, a proceeding under this article shall not be used to challenge adetermination:1. which is not final or can be adequately reviewed by appeal to acourt or to some other body or officer or where the body or officermaking the determination is expressly authorized by statute to rehearthe matter upon the petitioner's application unless the determination tobe reviewed was made upon a rehearing, or a rehearing has been denied,or the time within which the petitioner can procure a rehearing haselapsed; or2. which was made in a civil action or criminal matter unless it is anorder summarily punishing a contempt committed in the presence of thecourt.