Back to all terms
License lawSubject 1 of 19

Article 78 proceeding

An Article 78 proceeding is a court proceeding used to seek review of certain actions or determinations by a New York state or local body.

Direct answer

What does Article 78 proceeding mean?

An Article 78 proceeding is a court proceeding used to seek review of certain actions or determinations by a New York state or local body.

Exam cue: Real Property Law section 441-f makes Department of State decisions to deny, suspend or revoke a license, or to impose a fine or reprimand, reviewable in an Article 78 proceeding.

What does it look like in a question?

Example

A party challenges a final agency determination in court under the standards that govern Article 78 review.

Common exam trap

What should you not confuse it with?

It is not an automatic appeal that redecides every fact from the beginning.

Sources used2 references with section locators

Keep learning

Put the term back into its full subject.

A definition helps with recall. The subject guide shows how the rule interacts with documents, scenarios, calculations and practice questions.