Residents in New York may receive decision from a New York agency that they disagree with. This can feel like a major defeat. While it is an overwhelming experience, it is important to note that there are options when it comes to appealing the decision of a state agency.
Article 78 proceeding
For those unfamiliar with Article 78 proceedings, these are lawsuits that are primarily used to challenge an action or inaction by a New York State agency and local governments. Additionally, they can also be filed against judges, tribunals, boards as well as private companies that are established based on statutory authority.
At The West Law Firm, PLLC, our legal team understands the complexities an Article 78 proceeding can bring to individuals and businesses. Thus, our attorneys use their specialized knowledge to guide our clients through the process.
There are various arguments that could be raised; however, your options with an Article 78 proceeding are dependent on your specific situation. One argument is that the agency did not follow its own rules when making your decision. Another argument is that the decision was arbitrary and capricious, which means that the decision made was not reasonably related to the facts of the matter. You could also argue that the decision was not supported by substantial evidence.
Even if it feels like the court will decide in favor of the agency, this should not deter you from doing something when you believe that the decision was wrong. You have legal rights and there are steps you can take to ensure your rights are protected. A legal professional could help you better understand these rights and options, helping to ensure you can make a timely and well-informed decision for your matter.