The agency stage shapes the case
An Article 78 proceeding is generally decided on the record the agency had in front of it, which means much of the case is built before anyone goes to court. Courts usually expect available administrative appeals to be completed first, with limited exceptions such as when pursuing them would be futile. Anything you want a judge to consider, such as documents, objections, and legal arguments, should ideally be presented to the agency while the matter is still pending there. If you are already past that stage, gather everything you submitted and everything the agency sent you. The deadline to file is short and usually runs from when the decision became final and binding.
Starting and serving the proceeding
The proceeding is commenced by filing a verified petition, usually with a notice of petition or an order to show cause, in State Supreme Court. The petition sets out the facts, the decision being challenged, and the relief requested, supported by affidavits and exhibits. It must be served on the agency or official, and when a state body is involved, service on the Attorney General's office is generally required as well. Mistakes in service can lead to dismissal, sometimes after the filing deadline has passed. The agency then answers and typically files the record of the proceedings below, which becomes the core of what the court reviews.
Interim relief and possible outcomes
If the agency's decision is about to take effect, for example a license suspension or a termination, an order to show cause can include a request for a temporary stay while the court considers the petition. When the challenge concerns a determination made after a formal evidentiary hearing, the case may be transferred to the Appellate Division to decide whether the record supports it. A court that agrees with the petitioner often annuls the decision and sends the matter back to the agency to decide again. Either side can usually appeal the court's judgment. Our early review confirms the deadline, identifies the right parties to serve, and considers whether interim relief is needed.
