How to File an Article 78

With an article 78 you go to court challenging an administrative decision.

The link for forms and instructions from the court’s?Help Center is? file an?Article?78, follow the instructions for?filing a Notice of Petition (not?an Order to Show Cause) in the booklet “How to Start a Special Proceeding.”? The booklet is not organized well and jumps around.? ?The forms you will need?are an Index Number Purchase Sheet (available in the Help Center, Room 116 at 60 Centre Street) and a Request for Judicial Intervention (a fillable RJI is available at? The best way to learn how to write a Notice of Petition and?an?Article?78?petition is to go to SCROLL (Supreme Court Records?On-Line Library) and look at different?Article?78?petitions, especially those?in which the DOE is the defendant.? Technically the petition should just contain the facts and allegations with a?stated Cause of?Action, and the legal arguments should go in a Memorandum of Law.?

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