Time limit to commence proceeding against a body or officer (art 78)

Time limit to commence proceeding against a body or officer (art 78)

• A. Four months after determination to review becomes final and binding
• B. One year from the agency decision
• C. Two weeks after notice
• D. Six months after the event

Answer: (A)

Under Article 78, you must commence the proceeding within four months after the agency’s determination becomes final and binding. This timing reflects the need for prompt judicial review of administrative actions: once the decision is issued and any mandatory internal review is complete, the action must be brought within four months. The clock usually runs from when the determination is served and becomes final, not from the date of the initial decision alone. The other options don’t fit because they propose different, longer or shorter windows that do not match the standard four-month limit for Article 78 challenges.

Under Article 78, you must commence the proceeding within four months after the agency’s determination becomes final and binding. This timing reflects the need for prompt judicial review of administrative actions: once the decision is issued and any mandatory internal review is complete, the action must be brought within four months. The clock usually runs from when the determination is served and becomes final, not from the date of the initial decision alone. The other options don’t fit because they propose different, longer or shorter windows that do not match the standard four-month limit for Article 78 challenges.