New York consolidated mandamus, certiorari, and prohibition into a single streamlined proceeding.

New York abandoned the separate common-law writs of mandamus, certiorari, and prohibition in favor of a unified procedural vehicle: the Article 78 proceeding, named for Article 78 of New York's Civil Practice Law and Rules.

What an Article 78 proceeding covers

Article 78 proceedings can challenge four general types of agency conduct: a failure to perform a duty required by law (the mandamus function), an action in excess of jurisdiction (the prohibition function), a determination that is arbitrary and capricious or an abuse of discretion, and — where a hearing was required — a determination not supported by substantial evidence (the certiorari function).

The mandamus-to-compel branch

The specific branch of Article 78 that functions like traditional mandamus is often called "mandamus to compel." It requires the petitioner to show a clear legal right to the relief sought and a corresponding clear duty on the part of the respondent, closely tracking the traditional mandamus framework used elsewhere.

Strict filing deadlines

Article 78 proceedings must generally be commenced within four months of the date the challenged determination becomes final and binding, a considerably shorter window than the statute of limitations for many ordinary civil claims. Petitioners who miss this deadline typically lose the right to challenge the agency's action through this vehicle.

Where Article 78 petitions are filed

These proceedings are generally filed in New York Supreme Court (New York's trial-level court, despite the name) in the county where the material events occurred or where the respondent is located.

Common Article 78 subject areas

Article 78 proceedings frequently address disputes involving zoning boards, public employee terminations, licensing decisions, and local government inaction on permit or records requests.