Legal Question in Civil Litigation in New York

Can someone describe to me what occurs when a resident initiates an Article 78 against their municipality? What can one expect to gain from this? If a Town does not want to enforce its local ordinances in order to protect property as the resident requested, then what are the potential outcomes and how is this decided? Can the judge mandate the Town to act in accordance with the Town's ordinance or not? I was told by one lawyer that a judge cannot mandate the town to act because of "prosecutorial descretion". If this is true then why is the point of an article 78l?


Asked on 7/07/11, 6:24 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Article 78 proceedings are the appropriate legal vehicle to use to compel the review of an agency determination, action or inaction by a municipality, corporate board of directors and the like.

The procedure is very technical and I would not suggest you try it without an attorney.

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Answered on 7/07/11, 2:09 pm


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