NYTWA Court Defense Project: Appeals & Article 78’s

As part of our Fair Courts Campaign, NYTWA and partners are filing Appeals and Article 78’s to challenge unfair guilty convictions at the OATH Taxi Tribunal, license denial by TLC, or loss of income due to administrative failure by OATH or TLC.  Our first case was recently filed (LINK)!

An Article 78 is an appeal to the NY Supreme Court.  If it’s filed to appeal an OATH decision, you must first complete the OATH appeal and a petition to the TLC Chairperson.  Drivers should bring court decisions and matters of income loss immediately so we don’t miss any deadlines in the process and your full rights can be protected.  

OATH took over control of the TLC court in 2011, but kept most of the TLC’s procedures, even where OATH might offer more rights to respondents in their other Tribunals.  The actual rules and penalties are set by the TLC, and some, by the City Council.  The taxi tribunal, with over 100,000 hearings a year, is the city’s most active.  But unlike other courts with such high volume, free legal services are not provided to drivers, and appeals and Article 78’s are costly. The NYTWA Court Defense Project looks to challenge findings of guilt with no evidence, incomplete determination of credibility, bias, and lack of services such as translation or support when drivers are self-represented.  With good case law, we can ensure that drivers are not treated like second-class citizens.