Article 78

Question 0

When are Article 78 proceedings available (4)

Answer 0

1. compel public body to perform legal duty
2. prevent public body or officer from exceeding authority
3. review decision made in violation of lawful procedure, in error of law, or was arbitrary, capricious or abuse of discretion
4. review decision not supported by substantial evidence

Question 1

Article 78 of CPLR provides

Answer 1

exclusive means of seeking review of governmental actions

allows filing of action in Supreme Court

Question 2

When article 78 is not available (3)

Answer 2

1. appeal is available
2. decision not final
3. test validity of statute

Question 3

Sol for Article 78

Answer 3

4 months unless otherwise limited by statute
begins to run when
determination to be reviewed becomes final or
after respondents refusal to perform duty on demand of petitioner

Question 4

Incompetency and SoL for Article 78

Answer 4

Court can extend period for up to 2 years for infants and insane

Question 5

Method of commencement

Answer 5

filing notice of petition
or
order to show cause and verified petition

answer must also be verified

Question 6

Venue for Article 78

Answer 6

any county where respondent made determination complained of
where respondent refused to perform duty
where material events took place
principal office of respondent is located

Question 7

Conduct of hearing

Answer 7

Designed to give an expedited process
for review of governmental actions
hearing must be held at least 20 days after service of motion
answer must be served at least 5 days before hearing

Question 8

Relief available

Answer 8

may annul, confirm, or modify determination of government body
direct or prohibit action by it

restitution or damages MUST be incidental to injunctive relief sought by petitioner

only available if relief could be recovered in a supreme court action

Question 9

When Declaratory judgements available

Answer 9

Determine constitutional issues
validity of statute
administrative law compliance with the constitution

Question 10

Standard of Review for Article 78 proceedings

Answer 10

Determinations of law are upheld if reasonable

determinations of fact are upheld if supported by substantial evidence

Question 11

What is Substantial Evidence

Answer 11

relevant proof as a reasonable mind will accept as adequate

to support a conclusion or ultimate fact

Question 12

Review of Administrative actions

Answer 12

upheld if there was a rational basis and not arbitrary or capricious