Article 78 Proceedings Against Body or Officer

Question 1

                                                             CPLR7801
Select the best answer.
Relief previously obtained by a writ of __________ can now be obtained in a proceeding under Article 78 of the CPLR.
(a)   certiorari to review
(b)   mandamus
(c)   prohibition
(d)   only (b) and (c) are correct
(e)   (a), (b) and (c) are all correct.

Answer 1

 Answer: (e)
CPLR 7801 provides that relief previously obtained by writs of certiorari to review, mandamus or prohibition shall be obtained in a proceeding under Article 78. Thus, choice (e) is the best answer.

Question 2

  CPLR 7802
Select the best answer with respect to an Article 78 proceeding.
(a)   Such a proceeding may not be maintained against an officer exercising a judicial function.
(b)   When such a proceeding is brought to restrain one body or officer from proceeding without jurisdiction in favor of another, the latter shall be joined as a party.
(c)   Intervention by interested persons not already joined is not permitted.
(d)   Only (a) and (b) are correct.
(e)   (a), (b) and (c) are all correct.

Answer 2

   Answer: (b)
CPLR 7802(b) provides that whenever necessary to accomplish substantial justice, an Article 78 proceeding may be maintained against an officer exercising a judicial function. Thus, choice (a) is incorrect. CPLR 7802(c) provides that where the proceeding is brought to restrain a body or officer from proceeding without jurisdiction in favor of another, the latter shall be joined as a party. Thus, choice (b) is correct. CPLR 7802(d) provides that the Court may allow other interested persons to intervene. Thus, choice (c) is incorrect.

Question 3

   CPLR 7803
Select all correct answers.
The questions that may be raised in an Article 78 proceeding include:
(a)   whether the body or officer failed to perform a duty enjoined upon it by law
(b)   whether the body or officer proceeded without jurisdiction
(c)   whether a determination was an abuse of discretion
(d)   whether a determination was made in violation of lawful procedure.

Answer 3

   Answers: (a), (b), (c) and (d)
CPLR 7803 clearly indicates that choices (a), (b), (c) and (d) are all correct.

Question 4

  CPLR 7804
An Article 78 proceeding is:
(a)   a declaratory action
(b)   a special proceeding
(c)   an appeal
(d)   a motion de novo.

Answer 4

Answer: (b)
CPLR 7804 provides that an Article 78 proceeding is a special proceeding. 
Choice (b) is correct. All other choices are unsupported.

Question 5

  CPLR 7804
An Article 78 proceeding:
(a)   can be brought in any court of New York State
(b)   can only be brought in the Supreme Court or a County Court
(c)   can only be brought in the Supreme Court
(d)   can only be brought in a County Court.

Answer 5

Answer: (c)
CPLR 7804(b) requires that an Article 78 proceeding be brought in the Supreme Court. Thus, choice (c) is correct.