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Article 78 Actions

Article 78 actions are filed in supreme court to challenge the determinations of administrative agencies, such as DHPD, DOB, DHCR, NYPD, NYCHA and many others. 

The four subsections of Article 78 allow the movant to: 
• Compel a state or local body or officer to act when it has “failed to perform a duty enjoined upon it by law;”
• Prohibit a state or local body or officer from acting beyond its authority or invalidate such an action;
• Challenge a government decision that was made in violation of lawful procedure, was affected by an error of law, was “arbitrary and capricious,” or constituted an
abuse of discretion; and
• Contest a government decision made at a hearing that was not supported by “substantial evidence.”

Article 78 actions take place on an expedited timeline, which allows a movant to obtain relief more quickly and most times without discovery, which is a cause of delays in supreme court litigation. 

In order to file an Article 78 action, you must:

• Obtain a final agency determination on the issue.
• Exhaust the administrative procedure before filing.
• File the Article 78 action must be filed within 4 months (or sooner) of a final agency determination. 

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