When must an ordinary Article 78 proceeding be commenced?

Identify the reviewable determination and when it became final and binding, or the established refusal after a proper demand.

Check the law authorizing the proceeding for a shorter period and distinguish the subdivision (2) fair-representation rule.

Responsible actor. The petitioner commencing the qualifying proceeding against a body or officer. The ordinary CPLR 217(1) four-month branch, with finality or demand-and-refusal established and no shorter period or disability-leave branch.

1. Identify the reviewable determination and when it became final and binding, or the established refusal after a proper demand.
2. Check the law authorizing the proceeding for a shorter period and distinguish the subdivision (2) fair-representation rule.
3. Use calendar months and the corresponding day, or the final day of a shorter month, under GCL 30.
4. Commence by filing the proper petition under CPLR 304 and complete the separate required service. A timely filing does not itself serve the respondent.

GCL 20 excludes the established event day. These five-, ten-, fifteen-, twenty-, twenty-one-, thirty-, sixty- and ninety-day periods count intermediate calendar days. GCL 30 uses the corresponding calendar-month day, or the final day of a shorter month. GCL 58 defines a year as twelve months. GCL 25-a permits the next succeeding business day when the statutory final day is closed and expressly includes periods before which an act is required. The actual hearing or entry time and any different court direction remain separate checks. The independent calendar follows GCL 24 and Election Law 8-100. It includes Lincoln’s Birthday, the second Sunday in June as Flag Day, Juneteenth and general election day. GCL 24 adds the following day for a listed Sunday holiday except Flag Day. It does not generally move a Saturday holiday to Friday. Dates after 2027 are projections of the reviewed standing statute through 2033, not proof of future court openings. Check amendments, additional appointed holidays and actual closures separately.

The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.

Fictitious example

The ordinary CPLR 217(1) four-month branch, with finality or demand-and-refusal established and no shorter period or disability-leave branch. Fictitious established facts. The ordinary CPLR 217(1) four-month branch, with finality or demand-and-refusal established and no shorter period or disability-leave branch.

Fictitious established facts. The date does not prove classification, valid service, jurisdiction, completed filing, a granted motion or an extension. Any earlier competing boundary, actual hour and future-calendar qualification still applies.

Shorter law

Section 217(1) expressly preserves a shorter authorizing-law period.

Disability leave

Its specified CPLR 208 disability branch requires court leave and has different timing.

Fair representation

Subdivision (2) uses its own knowledge-or-harm comparison. This preset does not decide that claim.

Edition and projected calendar

The scoped calculators accept independently established events in 2026 and 2027 and projected final dates through 2033. They require the particular disclosed branch, no unsupported service-method addition, no unmodeled toll, no different actual court order and no additional closure. Earlier editions, historical tolls and outside dates require separate review and receive no computed or paid date. This software boundary does not establish that an act is legally late.

• The ordinary CPLR 217(1) four-month branch, with finality or demand-and-refusal established and no shorter period or disability-leave branch.
• Use only the disclosed statutory component. Establish every omitted branch separately.

• Identify the reviewable determination and when it became final and binding, or the established refusal after a proper demand.
• Check the law authorizing the proceeding for a shorter period and distinguish the subdivision (2) fair-representation rule.
• Commence by filing the proper petition under CPLR 304 and complete the separate required service. A timely filing does not itself serve the respondent.
• Section 217(1) expressly preserves a shorter authorizing-law period.
• Its specified CPLR 208 disability branch requires court leave and has different timing.
• Subdivision (2) uses its own knowledge-or-harm comparison. This preset does not decide that claim.
• In the applicable Supreme Court NYSCEF program, preserve recorded transmission and the required fee event under rule 202.5-b(d). Participating-party service has its own notification event under (f). Initiating filing does not itself serve the respondent. The clerk’s entry notification is not party service of notice of entry under (h)(2). Check actual paper receipt, exemptions, emergency procedure and qualifying technical-failure directions separately.