Top 100 Trial Lawyers
BBB
Top 40 Under 40
AV Preeminent
The National Trial Lawyers
Top Once Percent
USCCA
LawyerCentral.com
AVVO
AVVO
USCCA
Badge
Best DWI Attorney 2017
10 Best Law Firm

How do I File an Article 78 in New York?

Posted by Peter Tilem || 4-May-2015

Clients will contact me and ask me how to file an Article 78. First of all, it’s important to understand what an Article 78 is. An Article 78 is a way that a citizen can ask the court to order the government to do something or to restrain the government from doing that which they’re not permitted to do. Essentially, Article 78 is the codification of what was called the Rite of Prohibition or Rite of Mandamus before there was such a thing as an Article 78.

These types of situations can come up quite often. You have a government agency that won’t do something that you feel they should do. For example, you want a pistol license, and you applied for a pistol license. You’re otherwise qualified for a pistol license, and the agency or the police department won’t issue you a pistol license. The way to seek court review of that decision is by bringing in Article 78.

The same can true of zoning board decisions or other decisions of government body such as The Department of Motor Vehicles or any state or local agency. Article 78 is a fairly complex proceeding. They have to be brought in the supreme court of New York State, and they are against the government body that is generally going to vigorously defend themselves against the Article 78.

There is no easy form to fill out. These are not preform cases, but rather they are litigation that have to be drafted by a lawyer that’s experienced in bringing an Article 78 against the government.

Client Reviews
★★★★★
"Thank you again for discussing my case with today. I can not stress enough how impressed I am with your services as an attorney. You have gone above and beyond the call of duty to attempt to help me. Thank you again and best wishes." Rob
★★★★★
"I am writing to send you my heartfelt thanks for your work on my father’s case. You are a wonderful attorney. I was very impressed by you from our first meeting. I am so grateful we were referred to you." Joanna
★★★★★
"I wanted to first say thank you for everything you have done for me in the last several months. You made this very difficult ordeal in my life less stressful and easier to bear. I am grateful for having you as my attorney and I truly feel that you helped me above my expectations. I appreciate everything." W.S.