When a New York City agency issues a determination against your property, the administrative process is not the end of the road. Under Article 78 of the Civil Practice Law and Rules, New York State Supreme Court can review and overturn agency action that is unlawful, arbitrary and capricious, or unsupported by the record. Goldschein Law Practice litigates Article 78 proceedings against DOB, HPD, NYC Parks, FDNY, NYPD, and any other city agency whose determination affects its clients.
What an Article 78 Can Challenge
Article 78 reaches final agency determinations: charges, penalties, denials, enforcement decisions, and refusals to act where the law requires action. The question for the court is whether the agency followed the law and whether its conclusion has a rational basis in its own record. When the answer is no, the determination can be annulled.
Four Months, and Not a Day More
Most Article 78 proceedings must be filed within four months of the final determination. It is among the shortest limitations periods in New York practice, and courts enforce it strictly. An adverse decision from any city agency should reach a lawyer's desk immediately - waiting is how winnable cases are lost.
How the Practice Litigates Article 78 Cases
The practice evaluates the determination, secures the agency's record, and builds the petition on that record. Where the City is moving against a property now, the practice moves just as fast: emergency orders to show cause and temporary restraining orders have stopped enforcement in its tracks. The practice handles the proceeding through judgment and, where necessary, appeal.
Documented Article 78 Results
- NYC Parks demanded $633,600 over a single tree; after the practice's Article 78 challenge, the first demand was withdrawn in full and the second settled at $125,000 - $508,600 saved (Index No. 161260/2024).
- A $490,000 Parks restitution demand settled for $200,000 - $290,000 saved (Index No. 85033/2024).
- A City marshal froze a client's bank account over $74,371 in judgments; the practice obtained a TRO in Supreme Court, the account was released, and the judgments settled for $35,000 - $37,321 saved (Index No. 714944/2023).
- The City sent demolition crews to tear down a client's building under a declared Immediate Emergency. An emergency order to show cause with a TRO was on file that morning; by 11:18 AM the City had signed a stipulation halting the demolition. The building still stands (Index No. 803108/2026E).
Read the full case summaries on the Results page
Article 78 FAQ
What is an Article 78 proceeding?
Article 78 of the New York Civil Practice Law and Rules allows a court to review the actions of government agencies. It is the principal tool for challenging a New York City agency determination that is unlawful, arbitrary, or made in violation of lawful procedure.
Which agencies can be challenged in an Article 78?
Any New York City or State agency whose final determination affects you - including DOB, HPD, NYC Parks, FDNY, and NYPD. The practice brings Article 78 proceedings against whichever agency's action is at issue.
What is the deadline to file an Article 78?
In most cases, four months from the agency's final determination. It is one of the shortest deadlines in New York practice, and a late filing is generally barred - which is why an adverse agency decision should be reviewed by counsel immediately.
Can an Article 78 stop the City from acting while the case is pending?
In emergencies, yes. The practice has obtained orders to show cause with temporary restraining orders on an expedited basis - including one that halted the emergency demolition of a client's building within hours.
Resources: NYSCEF (NY Courts e-filing) · DOB · HPD · NYC Parks