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What is an Article 78?
An Article 78 is a type of lawsuit. It was created by the New York legislature
in 1937. Generally, Article 78 proceedings are used to challenge action
(or inaction) by agencies and officers of state and local government. Sometime
even the actions of private corporations are subject to Article 78 review.
If you feel that an agency has screwed up your administrative case, filing
an Article 78 will bring your case into a New York Supreme Court. There,
a judge will review your administrative case, scrutinize the agency's actions
and decisions, and if necessary reverse an agency's decision. If you are
concerned that you will be harmed by the agency's action while you are
waiting for the judge to complete his review of the case, the judge can
prevent the agency from taking any further action until the Article 78
has been resolved.
An Article 78 can be used against a public agency or officer in many more
ways than I have described here. For example, if you have not received
a decision and have waited a long time, a judge can, in very few situations,
order the agency to hurry up and decide a case. More specifically, if you
have filed a Petitioner for Administrative Review with DHCR, you can file
an Article 78 to get a judge to force DHCR to decide the Petition for Administrative
Review within two months.
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. |
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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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