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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, as our New York government litigation attorneys can explain.

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. A government litigation attorney at our New York firm can help you seek this type of remedy.

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 by a government litigation lawyer in New York 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 New York government litigation lawyers, free of charge, by calling us at (877) 377-8666.

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