Legal Question in Civil Litigation in New York

I'd like to clarify my question on article 78. I am assuming that an attorney would handle this. However, I am puzzled as to the value of doing this (since I have to pay a lawyer to do it) since I was also told by an attorney that a Town cannot be forced to reverse a decision it made with regard to enforcing a law. So if a Town has decided against a resident when it comes to a policy or enforcing a local law, and if the outcome of the article 78 review shows that the Town should take action and is wrong then what good is the article 78 decision?? I hope my question is clear this time. What am I missing?


Asked on 7/07/11, 2:24 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Article 78 is use when an official or agency acts in a manner contrary to law, or arbitrarily and capriciously. You would have to tell us what town decision you are attacking before we can say it's a good claim, all wet, or something in between.

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Answered on 7/17/11, 6:01 pm


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