article 78 proceedings


When it comes to challenging permit denials and appealing municipal board decisions, we tenaciously pursue your interests.  

New York State has a special process allowing the public to challenge administrative decisions such as those made by a zoning board or planning board. These cases are known as Article 78 proceedings, and they become available when all other administrative remedies have been exhausted. This means that once there has been a final determination on your land use issue from a permitting board, you can appeal to the Supreme Court of the State of New York. 

Article 78 proceedings must be brought within four months or thirty days of a board or commission’s final ruling. In an Article 78 proceeding, the court reviews the actions and decision of the board whose ruling you are appealing. The standards and burdens of proof in this type of appeal are much higher than in most regulatory proceedings. 

Our firm’s attorneys have the knowledge and experience to handle even the most complex claims and appeals.