With New York City and State agencies and government officials—from the Attorney General to the New York State Department of Financial Services to the New York City Department of Buildings—taking a more and more aggressive role in policing virtually every industry operating in New York, it has become critical for regulated industries to understand their legal options in challenging New York State and City agency regulations, executive determinations, and government policies. The primary vehicle for doing so is the Article 78 proceeding, brought in New York State Supreme Court.

In this one-hour presentation, two of our most experienced partners in the field of challenging government action in New York—Mylan Denerstein and Akiva Shapiro—provide practical and strategic guidance for the successful prosecution of these sometimes misunderstood summary proceedings. Using real-world examples from their practice, they will discuss the primary strategic issues that you should consider in deciding whether to bring an Article 78 action (versus, for example, a suit in federal court); provide a roadmap for Article 78 actions and keys to success; and discuss the procedural hurdles actors often throw up in defending against these actions, and ways of neutralizing them. The program is beneficial to anyone regulated or affected by actions taken by New York City and State agencies and officials.

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