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[QUOTE="Dmcnabbrules, post: 4696098, member: 1529"]
[B]The Four Questions that can be Raised in an Article 78 Proceeding[/B]
An article 78 proceeding describes when an individual (the petitioner) asks a state court to review a decision or action of a New York State body or officer. According to section 7803 of the New York Civil Practice Law and Rules, the only questions that may be raised in a proceeding under this article are:

[LIST=1]
[*]whether the body or officer failed to perform a duty enjoined upon it by law; or
[*]whether the body or officer proceeded, is proceeding or is about to proceed without or in excess of jurisdiction; or
[*]whether a determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion, including abuse of discretion as to the measure or mode of penalty or discipline imposed; or
[*]whether a determination made as a result of a hearing held, and at which evidence was taken, pursuant to direction by law is, on the entire record, supported by substantial evidence.
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[/QUOTE]

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