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_____________is an action for declaratory judgment subject to art. 78

1 Answer

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Final answer:

An action for declaratory judgment is not generally subject to Article 78 of the New York Civil Practice Law and Rules, which is intended for appeals against government bodies and is not the same as a declaratory judgment.

Step-by-step explanation:

An action for declaratory judgment is a legal remedy whereby a court determines the rights of the parties under a contract, statute, regulation, or another legal relationship before a substantive dispute arises. The reference to Article 78 suggests that the context of the question is within the scope of New York law. Specifically, Article 78 of the New York Civil Practice Law and Rules provides a procedure for challenging the determinations of administrative agencies, public bodies or officers. It is used to appeal the actions of a government agency to the state courts. However, an action for a declaratory judgment is different and generally not subject to Article 78 procedures, which are typically available for specific types of issues like mandamus, prohibition, and certiorari.

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