About Article 78 Proceedings
Article 78 of the New York State Civil Practice Law and Rules (CPLR) provides
a mechanism for actions, or inactions, of a government agency or official
to be challenged in court. There are three basic forms of relief one can seek.
Writ of Mandamus
A Writ of Mandamus can compel a government agency or official to do something
they are required by law to do. For example, one might file an Article
78 in the form of a Writ of Mandamus to Compel to compel a government
agency to issue a decision on an application. One might also file an Article
78 in the form of a Writ of Mandamus to Compel to compel a court to issue
a decision in a case or on motion when that court has taken too long to
render such decision.
Writ of Prohibition
A Writ of Prohibition seeks to force or compel a government agency or official
to refrain from doing something it should not do. For example, one might
file an Article 78 in the form of a Writ of Prohibition to prohibit an
agency, or even a court or judge, from acting outside the scope of their
authority. If a judge were to unilaterally vacate a defendant’s
accepted plea bargained for a guilty plea, for example, that defendant
could bring an Article 78 in the form of a Writ of Prohibition.
Mandamus of Review
A Mandamus of Review is utilized where one seeks the reversal of a public
agency or official’s decision. Some examples of when an Article
78 in the form of a Mandamus to Review would be used are such things as
the denial of a request for a rent increase in a rent stabilized housing
unit, the denial of pistol permit applications, a guilty finding in a
DMV Traffic Violations Bureau hearing, and a finding of child abuse or
neglect made by an agency like Child Protective Services (CPS).
Speak with one of our White Plains attorneys, free of charge, by
calling us at (888) 840-0043.