Article 78 proceedings must be commenced in which court?

• A. Supreme Court
• B. County Court
• C. Court of Appeals
• D. Family Court

Answer: (A)

Article 78 proceedings are a form of judicial review of administrative action, and they must be commenced in the Supreme Court. In New York, the Supreme Court handles these original petitions challenging agency determinations, orders, or failure to act. The Court of Appeals is the top appellate court and would hear only appeals from decisions of the Supreme Court, not original Article 78 petitions. The County Court and Family Court deal with different subject matters (criminal matters in many counties and family-related issues, respectively) and do not serve as the proper forum for Article 78 review. Therefore, the correct forum is the Supreme Court in the appropriate county.