What is the statute of limitations for commencing an Article 78 proceeding after final determination?

• A. Four months after final determination.
• B. One year after final determination.
• C. Thirty days after final determination.
• D. Six months after final determination.

Answer: (A)

In New York, a challenge to an agency’s final determination through an Article 78 petition must be brought within four months. The clock starts when the final determination is issued, or, if service of the determination is required, from the date of service of a copy of that determination. This four-month limit comes from the statute governing Article 78 proceedings, CPLR Article 78, and it ensures timely review of administrative decisions. If service is by mail, an additional five days are added to the period, per CPLR rules for service by mail. So the correct timeframe is four months after final determination (with the usual five-day mailing addition if applicable).