Our firms helps individuals, community organizations and businesses assess whether a New York agency or other covered body has acted unlawfully and whether an Article 78 proceeding can provide relief.
What an Article 78 proceeding can address
Article 78 of New York’s Civil Practice Law and Rules provides a procedure for specified challenges to a body or officer. It can address an agency’s failure to perform a legally required duty, action beyond its authority, an unlawful procedure or a decision affected by an error of law.
Depending on the record, review may concern whether a determination was arbitrary and capricious, an abuse of discretion or unsupported by substantial evidence after a hearing required by law. The applicable standard depends on the action being challenged.
Agency decisions we review
We evaluate land-use and zoning determinations, licensing or permit decisions, government procurement issues and other adverse agency action within the firm’s practice. Public-records disputes may also involve Article 78 after the applicable administrative process.
We begin with the written determination, the governing law and the submissions already made to the agency. That review helps establish whether the decision is final, whether administrative remedies must be completed and who must be included in a court proceeding.
Deadlines require early attention
Many Article 78 proceedings must be commenced within four months after a determination becomes final and binding, under CPLR 217. Some matters have shorter deadlines or different timing rules. The date on a letter does not, by itself, answer every limitations question.
Contact us as soon as you receive the decision. We assess the applicable deadline, commencement and service requirements, and whether a request for reconsideration has any effect on timing. Do not assume that further correspondence extends the time to sue.
The record and the relief sought
Judicial review often turns on the agency record and the legal standard rather than a new presentation of the entire dispute. We identify the documents, objections and supporting evidence that matter to the challenge.
A court may, where justified, annul or modify a determination, direct legally required action or send a matter back for further agency consideration. Filing a petition does not automatically stop the challenged action. We separately assess whether a stay or other interim relief should be requested.
Can Article 78 force an agency to grant my application?
The remedy depends on the agency’s legal duty and the nature of its discretion. A successful challenge may result in further agency consideration rather than an order granting the requested approval.
What should I send for an initial review?
Send the determination, when and how you received it, your application or request, prior appeals, hearing materials and relevant correspondence. Identify any approaching construction, enforcement or implementation date.
Facing an agency denial or other final determination?
Send our firm the decision and relevant dates promptly so we can assess the available procedure and timing.