Article 78 Lawyers Getting Results for
Clients in the Hudson Valley

Our lawyers handle cases throughout the Ulster, Dutchess, Sullivan, Rockland and Orange County NY area.

If you are looking to overturn the decision of a government official or administrative agency – such as the DMV, a municipal board, planning board, school board, parole board, child protective services, or a licensing authority – the lawyers at Ostrer & Associates, PC can help. Appealing these types of decisions requires the filing of an Article 78 Proceeding. This action is named for the section of New York law that outlines the procedure for challenging decisions made by a New York State official or administrative body, which includes very strict rules and time limits. We are experienced in Article 78 proceedings and requirements and can help you navigate the issues in filing your Article 78 petition before the Supreme Court of New York State.

The Article 78 Process

Article 78 petitions are heard by New York Supreme Courts, the trial courts in New York State. The judge reads the papers submitted by you and the administrative agency before making a decision. Although Article 78 permits the judge to hold a hearing, this is extremely rare. As a result, petitioners who file Article 78 actions almost never actually appear in court. It is very likely that the judge will make his decision based upon the papers that you and the respondent (government agency or official) file. Because of this, it is imperative that you have an experienced Article 78 attorney assist with your filing.

There are some kinds of relief that you can ask the court to give you even before it hears your Article 78 petition. You may ask the court to stay the official or agency from taking further action until your Article 78 petition has been heard and decided by the court.

When we prepare your Article 78 petition, we may ask the court to grant the following kinds of relief

1. Order the state official or agency to perform a duty that is required by law;
2. Order the state official or agency not to act beyond its authority or violate the law; or
3. Overrule a decision made by the officer or agency, or order it to reconsider the decision because the decision was obviously incorrect or unreasonable; was based upon an error of law; or was based upon insufficient evidence.

Article 78 Strict Filing Requirements

At Ostrer & Associates, PC we can submit a timely petition to challenge the issues in your case. Many Article 78 petitions must be filed with the court within four months of the date that the administrative determination that you want to challenge becomes final, some filings are required within 30 days! This 30 day or four-month period is called the statute of limitations. As soon as you have exhausted your administrative appeals, it is important to get to work on filing your Article 78 petition. Remember, the petition must be filed before the time allowed expires, or the court will dismiss your petition.