Article 78 proceeding against a body or officer: New York statute of limitations
In New York, an action for article 78 proceeding against a body or officer must be commenced within 4 months under CPLR 217(1). 4 months after the determination becomes final and binding.Read the flags below before relying on the period: discovery rules, tolling, and notice-of-claim requirements can move the real deadline.
4 months
Article 78 proceeding against a body or officer
- Limitations period
- 4 months
- Governing statute
- CPLR 217(1) — Article 78, Proceeding Against Body or Officer
- Notes
- 4 months after the determination becomes final and binding.
- Example
- A claim accruing today, Tuesday, September 15, 2026, would have to be commenced by Friday, January 15, 2027 (rolled off weekends and NY court holidays; before any tolling)
⚠ Tolling Infancy/insanity (CPLR 208), death (CPLR 210), and prior-action savings (CPLR 205/205-a) can extend the period.
⚠ Local rules Individual part rules and 22 NYCRR Part 202 may impose additional deadlines — always verify.
Calculate the deadline from your accrual date
Enter the date the claim accrued. The lookup applies the 4 months period and rolls the result off weekends and New York court holidays.
Frequently asked questions
What is the statute of limitations for article 78 proceeding against a body or officer in New York?
4 months, under CPLR 217(1) (Article 78, Proceeding Against Body or Officer). 4 months after the determination becomes final and binding.
When does the limitations period start running?
Generally from accrual, meaning the date the cause of action arose. Check the notes above for any cause-specific accrual rule, and remember that tolling provisions can suspend the clock.
Can the New York statute of limitations be extended or tolled?
Yes, in defined situations. Infancy or insanity (CPLR 208), the death of a party (CPLR 210), a stay (CPLR 204), and the six-month savings provision after a timely prior action is terminated (CPLR 205(a)) can each extend the time. Parties to a contract may shorten, but not lengthen, a period by agreement (CPLR 201).
Other New York limitations periods
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Limitations periods interact with notice-of-claim statutes, contractual provisions, and federal preemption. Confirm the period against the statute text and consult counsel before relying on it.
Disclaimer: This tool is for informational purposes only and does not constitute legal advice. This site is not affiliated with the New York State Unified Court System. Verify all deadlines with the applicable CPLR provisions and consult qualified legal counsel.