What is an Article 78 Proceeding?
An Article 78 proceeding is used to appeal the decision of a New York State or local agency to the New York courts.
What can I do if I get a decision from a New York agency that I disagree with?
If you disagree with an agency decision, you can appeal the decision to the New York courts. You can do so by bringing an “Article 78 Proceeding.”
Is there a time deadline for filing an Article 78 proceeding?
Yes. Article 78 proceedings must generally be filed within four months of the date you receive the decision you want to appeal. Check with a lawyer as soon as you can to find out if your deadline is even shorter.
What arguments can I raise in my Article 78 proceeding?
One argument you can raise is that the agency didn’t 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”. These words have special legal meanings. “Arbitrary and capricious” means the decision is not reasonably related to the facts of the case. “Substantial evidence” is evidence that a reasonable person would accept as enough to support the agency’s decision. If you lost a hearing, you probably feel that you should win on both of these issues. New York courts very often decide in favor of the agency if the agency has written down some reason for its decision, even if many people would think the decision was wrong.
Can I do anything else besides filing an Article 78 proceeding?
If your case involves rights protected by the U.S. Constitution or the legality of a federal law, you may be able to file a case in the federal court or in the New York State Supreme Court. In that case, you may have up to three years from the date of the unfavorable hearing decision to file your case. It is usually safest to file the challenge to the unfavorable hearing decision within four months of the date of the decision anyway, or sooner, to make sure that you do not miss a time deadline.