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FAQs

Article 78 Proceedings & Administrative Appeals

What is an Article 78 Proceeding?

An Article 78 proceeding is used to appeal the decision of a New York State, City, or local agency to the neutral New York courts.

When should I consider an Article 78 Proceeding to challenge a decision?

An Article 78 Proceeding is available to you only after first exhausting all agency specific appeals and review- and of course within the statutory timeline to appeal.

Is there a time deadline for filing an Article 78 proceeding?
Yes. Article 78 proceedings generally must be filed within four months, or 120 days, of the date you received the decision you want to challenge. Contact us as soon as you can to find out if your deadline is even shorter. 

We will discuss the specific issues with you and analyze your chances of a successful appeal before accepting the case.

What types of cases commonly result in an Article 78 Proceeding?

In New York State, various Agency decisions will result in an Article 78 Proceeding. Article 78 Proceedings can be used to appeal an OATH Hearing or an Environmental Control Board Decision or a DHCR ruling. It is also commonly used by state and municipal employees to overturn a negative ruling by an Administrative Law Judge. When done correctly and effectively an Article 78 Proceeding can grant you the relief you were seeking or restore the benefits taken away from you.

212-535-3457 | 929-256-5919

Helpful Links

Challenging an Agency's Adverse Decision

Clearing an HPD Violation

Appearing at OATH

Office of Administrative Trials and Hearings: https://www1.nyc.gov/site/oath/hearings/hearings.page

ECB Decision

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