NY Art 78 Proceeding

Question 1

NY Art 78 proceeding is?

Answer 1

Judicial review of NY administrative action by govt bodies or parties (or against private corp for mandamus purposes, for which it is quasi-govt entity)

Question 2

Right to relief in Art 78 proceeding requires one of four CoA & name standard of judicial review

Answer 2

Art 78 proceeding “IN THE NATURE OF [1-4]”

1. MANDAMUS TO COMPEL the performance of an act required by law (can apply to corp)
2. PROHIBITION to stop judicial officer from exceeding his jurisdiction (reserved for gross excess of jurisdiction, not routine error)
3. CERTIORI - challenging trial-like hearing by admin agency. Standard of review: uphold agency if SUPPORTED BY SUBSTANTIAL EVIDENCE.
4. MANDAMUS TO REVIEW - challenging all admin action not in first three categories, e.g., hearing that’s not trial-like. Standard = UPHOLD AGENCY UNLESS ARBITRARY AND CAPRICIOUS

Question 3

Ct where Art 78 proceeding can be brought?

Answer 3

NY S. Ct, even if respondent is state of NY

Question 4

What’s the stat of lim for Art 78 proceeding? When does S/L run from? Papers served _____ before return date?

Answer 4

4 months. Runs from date agency action is final and binding. Papers served at least 20 days before return date.

Question 5

What type of relief may be sought in Art 78 proceeding? 3 types

Answer 5

1. Declaratory relief (e.g., annulling NY agency determination)
2. Injunctive relief (e.g., to reinstate discharged civil service employee)
3. Damages IFF damages are INCIDENTAL to the main declaratory or injunctive relief sought.