Article 78 proceeding 2026

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The document provides detailed instructions on how to initiate a special proceeding in the Supreme Court of New York County, including information on filing fees, time limits, and necessary forms. It outlines the process for filing a Verified Petition, serving papers to respondents, and attending court hearings. The document emphasizes the importance of consulting an attorney and includes specific guidelines for both Notice of Petition and Order to Show Cause procedures.

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Click ‘Get Form’ to open the Article 78 proceeding document in the editor.
Begin by filling out the Verified Petition section. Include your name, address, and details about the respondent(s). Ensure that you describe what relief you are seeking from the court.
Attach any relevant exhibits that support your petition. Label them as Exhibit A, B, C, etc., and provide a brief description of each.
Complete the Notice of Petition section by specifying the return date and time for your court appearance. This is crucial for ensuring timely processing.
Once all sections are filled out, review your document for accuracy. Use our platform's features to make edits easily before finalizing.
Save your completed form and follow the instructions for filing it with the County Clerk, ensuring you have copies for service to respondents.

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Versions	Form popularity	Fillable & printable
2018	4.8 Satisfied (131 Votes)
2014	4.4 Satisfied (186 Votes)

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What are common article 78 challenges?

In the case of Article 78 proceedings, the limitation generally is four months from the final agency action. 1 The petition must make clear when the final agency action took place.

What is the standard of review Article 78?

In the case of Article 78 proceedings, the limitation generally is four months from the final agency action. 1 The petition must make clear when the final agency action took place. The petition should conclude with a demand for a form of relief.

What does article 78 mean?

There are four instances where an article 78 proceeding is proper: to review of a decision of a state body or officer that was based on insufficient evidence; to review of a decision of a state body or officer that was obviously incorrect or unreasonable, or based on an error of law; to compel a state body or officer

What is the statute of limitations for Article 78 proceedings?

Article 78 actions can only be brought in state court, so if you have a strong argument that the government acted arbitrarily and capriciously, you should consider filing in state court. You can bring federal claims in the same action.

What are the grounds for article 78 relief?

An Article 78 proceeding can be used to challenge a wide range of government actions: Challenge a State or City agency regulation or policy. Appeal the denial of a license. Prohibit government official from acting in violation of law or outside the scope of her authority.

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What do you mean by article 78?

What arguments can I raise in my Article 78 proceeding? One argument you can raise is that the agency did not follow its own rules when it made the decision. Two of the other things the court can consider are 1) whether the decision was arbitrary and capricious or 2) not supported by substantial evidence.