Article 78 of the Civil Practice Law and Rules (CPLR §§ 7801–7806) gives New Yorkers, both individuals and businesses alike, a focused way to ask a judge whether a state or local agency stayed within its legal lane. Unlike a traditional appeal, this special proceeding zeroes in on legality and fairness rather than re-litigating facts.
When to file
You invoke Article 78 after the agency issues a final determination or refuses to act. Typical disputes involve zoning boards, licensing agencies, school districts or public-benefit administrators. Anyone challenging an agency action has to use every in-house appeal or reconsideration procedure before turning to the courts.
Legal theories available
Courts review four main claims. The first is a Mandamus to Compel that forces an agency to perform a nondiscretionary duty. A petition for mandamus to review claims the agency’s ruling lacks a solid evidentiary foundation, whereas a certiorari filing contends the decision was irrational or exceeded the agency’s discretion. Finally, there is prohibition, which stops a tribunal from exceeding its jurisdiction.
Procedural roadmap
File the proceeding in New York State Supreme Court for the county where the disputed action occurred. Serve a verified petition and Notice of Petition (or Order to Show Cause) within 4 months of the agency’s final act. The statewide court system offers step-by-step filing instructions.
Standards of review
Judges defer to agency expertise but will annul decisions that are inconsistent with statutory authority, lack evidentiary support or represent clear errors of law. Petitioners should generally frame arguments around “arbitrary and capricious” or “substantial evidence” tests.
Business implications
For companies facing permit denials, procurement exclusions or surprise rule changes, Article 78 offers a relatively swift check on governmental overreach, often resolved on motion papers without full discovery. Understanding the short four-month clock and assembling a concise record are critical to success.
Make sure you finish the agency’s internal review steps first, and do so promptly, because the statutory clock is already ticking. The statute of limitations is unforgiving. Tailor the petition to one of the four recognized Article 78 causes. By mastering these fundamentals, New York petitioners can turn Article 78 from a mystery into a practical tool for enforcing accountability in the public sector.