Primer on Article78's 

When Can You Sue?

  • The most fatal error you can make regarding Article 78's is to wait too long to file the papers. Article 78's are subject to the SHORTEST STATUTE OF LIMITATIONS PERIOD of any civil action. The maximum time you have to file an Article 78 is 120 days from the date you receive your decision. However, certain actions have even shorter time limits of 60 days or less. 

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    Practical Tip:

    As soon as you receive your decision, check the notice to find out how many days you have to file an Article 78. The time limit is usually either 60 or 120 days. 

    Calculate the precise day on which your time limit will expire, and mark it in your calendar in large letters. The court clerk WILL NOT allow you to file an Article 78 after the time limit. 

    Save the envelope that enclosed the decision! The time limit starts to run from the day you received the decision, not the date of the decision itself.
  • Just as you want to avoid suing too late, you may also be barred from suing too early. How do you know if it is too early in your case to file an Article 78? One easy rule is that you can always file an Article 78 when the agency informs you in writing that you have a right to do so. However, there are situations when you can file an Article 78 much earlier in the administrative process. Consult a legal practitioner.

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      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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