Which of the following is a condition for Article 78 review of agency decisions?

• A. Only the agency head may file the petition.
• B. Standing and exhaustion of administrative remedies are required.
• C. Jury trial is required for review.
• D. Review is limited to constitutional questions only.

Answer: (B)

Article 78 review is a mechanism to challenge agency decisions in New York. Two conditions are essential: the petitioner must have standing, and administrative remedies must be exhausted. Standing means the petitioner is aggrieved by the decision and has a direct, substantial interest affected by the agency’s action, not a mere generalized grievance. Exhaustion requires pursuing all available administrative remedies and obtaining a final agency determination before seeking judicial review, allowing the agency to correct or explain its decision and ensuring a full administrative record. These prerequisites explain why standing and exhaustion are the correct focus. The other statements don’t fit: the petition can be filed by any person aggrieved, not only the agency head; Article 78 is decided by the court without a jury; and review can address more than constitutional questions, including whether the agency acted beyond its authority or in an arbitrary and capricious manner.