Article 78 Proceedings

Article 78 proceedings provide an expeditious procedure for judicial review of actions or inactions of agencies and officers of state and local government, as well as, under certain circumstances, private corporations. Most proceedings are subject to a four month statute of limitations, so a petitioner must act quickly in order to protect his or her rights.

The only questions that may be raised and issues to be resolved in a proceeding under this article are:

  1. whether an officer or entity did not perform a duty required by law; or

2. whether an officer or entity took action or is about to take action which exceeds its authority; or

3. whether a determination by the officer or entity was made: (a) in violation of lawful process or procedure, (b) was affected by a legal mistake, or (c) was an abuse of discretion or arbitrary including a determination of the method and extent of a penalty or discipline imposed; or

4. whether a determination was made following a hearing which is supported by substantial evidence.

5. A proceeding to review a state review officer’s final determination or order regarding a disabled child(ren).

If your situation falls under one of these five scenarios, or even if you think that it might, you should call us today.

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