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Article 78 Proceeding: A Supreme Court case that can change an order made by an administrative agency, like NYCHA or Section 8. --CourtHelp glossary

Article 78 of New York's Civil Practice Law and Rules (CPLR) replaces the common law writs of mandamus, certiorari, and prohibition with special proceedings. Parties typically bring these proceedings to obtain judicial review of administrative action, such as decisions to grant, deny, or revoke a professional license, a zoning variance, or permission to live in subsidized housing. Parties also bring Article 78 proceedings to compel or prohibit government action, for example, to dismiss a criminal prosecution or terminate a regulatory investigation.

Special proceedings are something of a hybrid between a civil action and a motion. Like actions, special proceedings require pleadings and service of process. They receive their own index numbers and end in a final judgment. However, as with motions, the court normally decides special proceedings based on the parties' papers and any oral argument. Trial is possible but rare. There is normally no discovery. Motions, other than motions to dismiss the petition, are uncommon.

CPLR Article 78 Toolkit, Practical Law Toolkit 3-582-8866. This toolkit is available through the public access law libraries' subscription to Westlaw.