ARTICLE 78 PROCEEDINGS: $5,000

New York Article 78 Proceedings Attorney

What is an Article 78 Proceeding?

An Article 78 Proceeding challenges unlawful or arbitrary decisions by New York state and local government agencies.  It is a special proceeding brought in the Supreme Court of New York to:

  1. Appeal a final administrative ruling (by a state agency or government officer) based on insufficient evidence (called Certiorari to Review);
  2. Appeal a final administrative ruling (by a state agency or government officer) based on incorrect law or unreasonable in nature (called Review of Mandamus);
  3. Stop a state agency or government officer from acting (called a Writ of Prohibition); or
  4. Force an a state agency or government officer to act (called a Writ of Mandamus).

Article 78 Proceedings are lawsuits against a state agency or government officer. The statute that authorizes such a proceeding in New York is Article 78 of the NY Civil Practice Law & Rules.

We require a $5,000 Retainer to begin the process of any Article 78 Proceeding.

Types of Article 78 Proceedings

Real life examples of Article 78 Proceedings include:

  1. DOB Violation Judgment
  2. ECB Violation Judgment
  3. Licensing Denials or Revocation
  4. Termination of Government Employment
  5. Zoning Board Decisions
  6. Denial of Government Contracts
  7. Loss of 401k or retiree benefits from Local, City or State Agency
  8. Any and all other appeals from Local, City or State Government Decisions.

Time Limit to Bring an Article 78 Proceeding

Before an Article 78 Proceeding is brought, a party has to first appeal to the highest level possible in the administrative agency. For example, if you receive a building violation, you first have to appeal it to OATH and only then can you bring an Article 78 Proceeding.

Generally the Article 78 Proceeding has to be filed within 120 days after the final agency decision. However this time period may be shorter in some circumstances. A party must act quickly to preserve his or her rights to file an Article 78 Proceeding.

How we Charge

We require a retainer of $5,000 as we do in most litigation matters. We charge hourly from that retainer. Contact Us for more information.