An Article 78 Proceedings is a specialized area of law used to appeal a decision of an administrative agency. Like appeals, they are limited to the evidence presented to the administrative agency whose decision you seek to overturn.
|If You Receive A Decision From An Administrative Agency Denying Your Claim, You Have A Very Short Period Of Time To File An Article 78 Proceeding.Typically you only have four months from the date of the adverse decision to file the Article 78 proceeding. In some instances, you only have thirty (30) days. Many, many Article 78 proceedings are lost because the litigant failed to file the proceeding within the short time frame required by law.
If you have any thought that you might want to challenge an administrative decision, contact an attorney immediately to determine the date that you must file your Article 78 proceeding.
Hire A Lawyer.
The best way to avoid an Article 78 proceeding is to have legal representation during the administrative proceeding so you do not have to challenge the denial by filing an Article 78 proceeding. But if you do need to challenge an adverse decision, hire an attorney who is knowledgeable about your legal issue and Article 78 proceedings.
I have filed many Article 78 appeals to challenge wrongful denials of disability retirement, refusal to provide employees with promised benefits, as well as other violations of labor agreements. Contact me immediately to discuss an appeal of an adverse decision by an administrative agency.
Gail M. Blasie, P.C. assists Individuals and Attorneys with Research, Writing, Litigation Support, Appeals, Motion Practice, Draft Pleadings, Shareholder Disputes, Business Disputes, No-Solicitation Agreements, Personal Injury, Constructive Notice Issues, and Article 78’s in New York City, Brooklyn, Queens and throughout Nassau County and Suffolk County.