The Three Forms of Relief of an Article 78 Proceeding

Paul Nalewajk Disqualification Appeal Process Leave a Comment

What are the Three Forms of an Article 78 Proceeding?

If you or someone you know has been disqualified for a police officer’s role in the New York City Police Department (NYPD), there are several steps you can take to appeal the decision. Understanding the three forms of relief of an Article 78 Proceeding is paramount in your appeals process. 

What is Article 78?

Article 78 of the New York State Civil Practice Law and Rules permits one to challenge actions or inactions of a government employee or agency. There are three forms of relief in the article that can alter a decision or lack thereof. The three articles are a Writ of Mandamus, a Writ of Prohibition, and a Mandamus of Review.

What Is a Writ of Mandamus?

A Writ of Mandamus can be used to oblige a government agency or official to complete an action required by law. For example, suppose you have submitted an application for a police officer’s role and have not received any communications on the status of said application. In that case, the Writ of Mandamus can be used to compel the NYPD to make a decision. Responding to applications is the NYPD’s legal duty and is enforced by the Writ of Mandamus. 

What Is a Writ of Prohibition?

A Writ of Prohibition works similarly to a Writ of Mandamus; however, it forces a government agency or official to NOT complete an action. A Writ of Prohibition is used to ensure that an agency or official does not perform an action or decide outside their current duties. In this case, let’s say an applicant was denied the possibility of an appeal process by a judge unjustly. Now a Writ of Prohibition could be used to prohibit the judge from making that decision. This article is vital in ensuring that federal employees and agencies do not step outside their roles and follow the letter of the law. 

What Is a Mandamus of Review

A Mandamus of Review can be used to overturn a government agency or official’s decision on a matter, allowing for a safety net in the event of incorrect decisions made by government entities. 

Using Article 78 in Your Case

It is important to note that Article 78 can only be used as a final attempt. Therefore, candidates must undergo all other possible appeals before filing Article 78. Also, it is important to know that Article 78 can only be filed within four months of the decision, action, or inaction. This short time frame available to file is why it is necessary to undergo the disqualification appeals process as soon as possible to allow for the filing of Article 78, if necessary. 

Filing an Appeal

The most important step in filing an appeal is to select a qualified, experienced attorney. Robert B. Kronenberg of Disqualification Appeals has extensive experience with the appeal process and working with the NYPD. Before his law career, Kronenberg served as a New York City Police Captain. Since 2005, Kronenberg has been assisting NYPD candidates who have been disqualified due to psychological, character, or medical reasons.

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