State Administrative Appeals

In New York State, an appeal from an adverse administrative agency decision often requires commencing an Article 78 proceeding.  An Article 78 proceeding is a judicial appeal of an administrative agency decision.  Such appeals must be commenced and served within very strict time limits.  If the appeal is not timely commenced, the party forever loses their right to appeal the administrative decision at issue.  Further, such an appeal typically can only be brought if all administrative remedies have first been exhausted.

To win an Article 78 proceeding, the aggrieved individual must show that the administrative agency acted arbitrarily, capriciously, unreasonably or that the decision was not supported by substantial evidence.

We handle appeals taken from all New York State agencies, including the following:

NYS Division of Parole

NYS Board of Elections

NYS Ethics Commission

NYS Department of Health (Office of Professional Medical Conduct)

NYS Education Department

NYS Department of State

NYS Division of Human Rights

NYS Liquor Authority

NYS Department of Environmental Conservation

 

We also welcome appeals from adverse decisions made by county or municipal agencies.  In New York City, this includes appeals from determinations made by Administrative Law Judges from the Office of Administrative Trials and Hearings (“OATH”) Tribunal, the OATH Health Tribunal, the OATH Taxi and Limousine Tribunal, and the OATH Environmental Control Board Tribunal.  Such appeals span a wide variety of cases, including the following:

 

NYC Employee Disciplinary Cases

NYPD Vehicle Seizure Cases

Human Rights and Discrimination under NYC Human Rights Law

Cases Involving the Denial of City-Issued Licenses

Zoning and Land Use Cases

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