Decisions it can reach
Article 78 refers to the part of New York's civil practice law that governs court challenges to actions by state and local agencies, boards, officials, and some public authorities. It covers a wide range of matters, including zoning and licensing decisions, public employment and school determinations, and situations where an agency refuses to do something the law requires of it. It generally is not the tool for challenging federal agencies or most private businesses, and some state decisions have their own separate review procedures. Whether the decision is final, and whether available administrative appeals have been used first, often determines whether a proceeding can be brought at all.
The deadline and the record
The time to file is short, commonly counted from when the decision became final and binding, and decisions by certain bodies carry even shorter periods. The correct starting date can itself be disputed, so it is safest to treat the clock as already running. Gather the decision, the notice that delivered it, the application or file you submitted, any hearing transcript, and all correspondence with the agency. The court mostly reviews what was before the agency, so the existing record usually matters more than new evidence you might want to add.
What the court can and cannot do
Review is often deferential. In many matters the court asks whether the agency's decision had a rational basis or adequate support in the record, not whether it is the decision a judge would have made. When the facts were found after a formal hearing, the case may be transferred to the Appellate Division. A court that finds a problem frequently sends the matter back to the agency to decide again rather than substituting its own judgment. Because time is short, we begin by confirming the deadline, then check whether administrative remedies remain open and assess whether an Article 78 proceeding, a renewed application, or another route makes more sense for you.
