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Article 78

The state-court challenge to agency decisions

Article 78 of New York's civil practice law is the procedural vehicle for challenging government agency decisions in court — the route by which zoning approvals, variance grants, environmental reviews, and permit determinations get tested. Proceedings move on short statutes of limitations, and courts review deferentially: the usual question is whether the agency acted arbitrarily, capriciously, or beyond its authority, not whether the court would have decided differently.

For projects, the Article 78 window is the tail risk after approval — a granted rezoning or permit is not fully bankable until the challenge period runs. For analysts, past proceedings are part of a property's paper trail, documenting who contested what and how the courts resolved it.

See Article 78 in context on a real lot

PearlAudit resolves the governing zoning for any NYC tax lot — district, overlays, special districts — and cites the Zoning Resolution section behind every rule claim.

Definition last reviewed 2026-07-11. Educational content, not legal advice.