Ask a Law Librarian: FAQ's about Legal Research

An Article 78 proceeding, also known as a special proceeding, is a case filed in Supreme Court that challenges an order made by an administrative agency, like NYCHA or Section 8. Parties usually bring these proceedings so the court will review an administrative action. Examples include 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 stop a regulatory investigation. Many people also file Article 78 proceedings when they need a court order order to get a copy of a relative's birth, death, or marriage certificate. 

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.