Primer on Article78's 

Introduction

If you live in New York and have heard of the term, "Article 78," it is probably because you have received a written decision from a state or local agency such as  
 
  • the Department of Housing and Community Renewal ("DHCR"), 

    •  
  • the Human Rights Commission, 

    •  
  • a public employer,

    •  
  • a civil service commission,

    •  
  • a licensing authority,

    •  
  • a city council or committee,

    •  
  • the Department of Health, or 

    •  
  • the New York City Housing Authority ("NYCHA"). 
      •  
In your decision, there was a notice. This notice stated that if you feel the agency's decision is wrong, you may appeal this decision by Article 78 of the New York Civil Practice Law and Rules. 

Many people have heard about Article 78 but few know exactly what it is or what an Article 78 involves. This guide will help to demystify the process of filing an Article 78 to appeal an administrative decision. 

     

    Table of Contents 

Introduction  
What is an Article 78?  
When can you sue?  
Where Do You File an Article 78?  
The Two Methods of Commencing an Article 78: Order to Show Cause and Notice of Petition  
How Do You Serve the Article 78 on the Agency?  
What Happens Now That You Have Begun the Article 78?  
Do You Need a Lawyer?  
Steven De Castro, Esq., represents clients in Article 78 proceedings before New York State Supreme Court. To find out how the statements made on this site may be applicable to your situation, request a case evaluation by clicking on the Case Evaluation page.  

Date: July 24, 2001 Steven De Castro © 2001, All Rights Reserved. The representations made are accurate to the best of the author's knowledge on the day of publication, but readers should note that laws and regulations constantly change and are subject to different interpretations. For legal advice applicable to your situation, see an attorney. The statements on this page expire one year after publication.

 
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