Legislation
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.
"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.