Which statement accurately describes a prerequisite for commencing an Article 78 proceeding?

• A. The determination sought to be reviewed must be final.
• B. The petitioner may skip exhausting remedies.
• C. The proceeding must be initiated by a cross-claim.
• D. The petitioner must file in the appellate division.

Answer: (A)

The key requirement here is finality: an Article 78 proceeding challenges a specific agency decision, but only after that decision has become final. Once the agency has reached a definite, operative determination and there’s nothing left for the agency to do in the matter, the decision is ripe for review and the court can assess whether it was lawful or proper. This rule exists so the review is against a concrete, binding outcome, not against something provisional that the agency might still change.

That’s why this choice is the best. The other statements aren’t accurate prerequisites: exhaustion of administrative remedies is generally not required for Article 78, so you aren’t mandated to skip or perform extra steps before filing; the proceeding isn’t started by a cross-claim; and Article 78 petitions are filed in the Supreme Court (not the Appellate Division) in most cases, rather than in the appellate court.