Article 78 Proceedings Flashcards
What kinds of cases are heard in Art. 78 proceedings?
Cases where respondent is state or local government or a quasi-government official or body.
When does a corporation count as a quasi-government body?
Article 78 proceedings where mandamus is the ground for relief.
What are the four grounds for relief in an Art. 78 proceeding?
- Mandamus to compel,
- Prohibition,
- Certiorari,
- Mandamus to review
What is mandamus to compel?
Petitioner wants to compel the government to do something that their laws require them to do (no discretion).
What is prohibition?
Petitioner wants to stop a government official from exceeding his lawful power. This will be granted only if the excess is “gross” - i.e. obviously really bad stuff.
What is certiorari?
Petitioner is challenging the results of a trial-type administrative proceeding.
What is the standard of review in a case on certiorari?
The court must uphold the agency decision if it is supported by substantial evidence.
What is mandamus to review?
Petitioner is asking the court to review any type of administrative proceeding that is not otherwise covered in mandamus to compel, prohibition or certiorari.
What is the standard of review in mandamus to review proceedings?
The court must uphold the agency’s decision unless it was arbitrary and capricious.
Where must Art. 78 proceedings be brought?
NY S. Ct. (not the Court of Claims because it’s not a tort or contract action).
What is the statute of limitations for an Art. 78 proceeding?
4 months!
What is the restriction on return dates for Art. 78 proceedings?
Notice must be served at least 20 days before the return date.
What type of relief can a petitioner seek in an Art. 78 proceeding?
- Declaratory,
- Injunctive,
- Incidental damages
(incidental to the declaratory or injunctive relief - like backpay in a wrongful termination case, e.g.)
