Article 78 Litigation

An Article 78 proceeding is used to appeal the decision of a New York State or local agency to the New York Courts. These proceedings are designed for the courts to consider whether an agency decision was “arbitrary and capricious” or not based on “substantial evidence.” An Article 78 proceeding can also be brought in order to compel a state body or officer to act, or to prohibit them from acting, beyond their authority.

While the goal of any developer or homeowner is to avoid litigation during the land use approval process, sometimes this is unavoidable.  A municipal board or agency may arbitrarily deny your development project, leaving you no choice but to bring an Article 78 proceeding to protect your property rights.  Alternatively, an approval that required a significant amount of time and money to secure may be challenged.

The Law Office of Kory Salomone, P.C. has extensive knowledge of the land use and zoning entitlement process.  If you are involved in a residential or commercial development project, and have received an adverse determination from a municipal board or some other government body the Law Office of Kory Salomone will vigorously pursue an appeal.  

If you have received an adverse determination from a State or local board or agency, you must act quickly. While most Article 78 proceedings must be brought no more than 4 months (120 days) after the decision, some filings must be made within as little as 30 days. 

If you are seeking to overturn an adverse decision of a state or local agency or to defend an approval, the Law Office of Kory Salomone can help.


The Law Office of Kory Salomone, P.C. assists clients throughout New York and Connecticut with
legal matters relating to land use and zoning, real estate transactions, and Article 78 & related litigation matters.



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501 Marble Avenue, Pleasantville, NY 10570
| Phone: 914-219-0789

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