What Is Article 78?

Article 78 is a New York State court process that allows people to challenge certain government decisions, actions, or failures to act.

These proceedings are generally heard in New York State Supreme Court.
 

What Issues Can It Address?

Depending on the circumstances, Article 78 may involve:

• Zoning and land-use decisions

• School district or administrative decisions

• Freedom of Information Law (FOIL) disputes

• Government agencies failing to perform legally required duties

• Other government actions subject to judicial review
  
  
  How Does It Work?

• A government agency makes a decision or takes an action.

• Any required administrative appeals may need to be completed first.

• An eligible party may seek review in New York State Supreme Court.

• A judge reviews the matter under applicable legal standards.

• Important: Article 78 proceedings generally have a four-month filing deadline, although shorter deadlines and exceptions may apply.
  
  
  Official Links

• NYS Official instructions for proceeding
  
  Important Before Filing
  Administrative appeal requirements vary depending on the government decision or action being challenged. Check whether an administrative appeal or other review process must be completed before seeking Article 78 review. 
  
  This page is for informational purposes only and provides general civic education and links to official public resources. Please refer to the above links to official NYS resources for more info.​