New York C.P.L.R. Article 78 Special Proceeding-Appealing an Agency Decision

A C.P.L.R. Article 78 Special Proceeding is designed to challenge governmental action, or inaction. Through this proceeding, a civil servant may challenge adverse employment decisions at the State Supreme Court level. The judge hearing the case reviews the facts and law, scrutinizes the government’s conduct, and if necessary, orders the agency to correct its actions and/or conduct.

What You Can Do if Lose an Administrative Disciplinary Hearing in New York

If you have lost an administrative disciplinary hearing in your state, city, or local agency position in New York you can appeal by filing a CPLR Article 78 Proceeding. The proceeding is named after the section of New York law that sets out the rules for civil cases. Your appeal is usually filed in the New York State Supreme Court. Article 78 Proceedings must be filed within four months of the date you receive the decision you want to appeal. If you do not file within that time period, you will likely be prevented from pursuing your appeal. Therefore, it is very important that you contact us as soon as you get the adverse decision so we may evaluate your case within the time frame in which the courts will allow us to file your appeal.

Retaining an Experienced Lawyer

While you aren’t required to retain an attorney for an Article 78 Proceeding, typically they are filed by a lawyer. It is a complicated process and you may find it difficult to file the papers (a Notice of Petition and a Petition) by yourself. We strongly recommend that you find a lawyer to help you because of the complexity of the proceeding both procedurally and in the document production. Further, it is often necessary for an attorney to argue complicated issues of law as to the facts of your case. Although it isn’t impossible for you to proceed on your own, you may find it difficult and overwhelming.