How Can Article 78 Help Me In New York State?

Accel Admin   September 5, 2016   Comments Off on How Can Article 78 Help Me In New York State?

Gavel, books and handcuffsAn Article 78 proceeding in New York State is brought in the Supreme Court in the county in which the controversy existed, or where you reside. What is does is it says that an administrative agency has made a determination that is adverse to your interest such as the Department of Motor Vehicles, or a pistol license application, or revocation for proceeding where the police department has taken away your permit or denied it to you.

What happens in every administrative proceeding is that there is an ultimate end of their deliberations. In the DMV, in the pistol license section, any type of a decision by the hearing officer will result in a decision being reviewed. You can appeal that decision internally. Their appellate officer will review the decision, and either uphold it, or change the decision.

When it gets to the point that they reach a final determination, you then can bring an Article 78 Proceeding challenging the decision of that administrative body by arguing that their decision was arbitrary and capricious, and was not based on a rational reason for doing so. The court will look at the factors that the administrative agency made their decision on. At that point, the court would determine whether or not there was any rational basis for their decision, or that they just arbitrarily and capriciously decided not to grant the relief that you requested.  It is important to know that all Article 78 proceedings that are filed within New York State have to be filed within four months, but some of those may be shorter.

If you are in need of legal counsel in New York State, please feel free to contact Grunwald & Seman, P.C. and we would be happy to assist you.