How early must an Article 78 notice of petition be served?

Establish the actual noticed hearing date and time and that no order to show cause sets another service schedule.

Identify every adverse party and the additional attorney-general or governmental-subdivision service required by the actual respondent classification.

Responsible actor. The Article 78 petitioner serving each adverse party and any required additional recipient. The ordinary Article 78 notice-of-petition branch, not an order to show cause or every other special proceeding.

1. Establish the actual noticed hearing date and time and that no order to show cause sets another service schedule.
2. Identify every adverse party and the additional attorney-general or governmental-subdivision service required by the actual respondent classification.
3. Exclude the established event day and count every intermediate calendar day under GCL 20.
4. Complete valid service of the notice, petition and specified affidavits on each required recipient. Preserve service proof and the hearing time.

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 Article 78 notice-of-petition branch, not an order to show cause or every other special proceeding. Fictitious established facts. The ordinary Article 78 notice-of-petition branch, not an order to show cause or every other special proceeding.

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.

Order to show cause

An actual order to show cause sets its own time and manner.

State respondent

The provision requires additional delivery to an assistant attorney general at the specified venue-office or nearest-office location.

Expired official term

The statute has additional service rules for specified former officers or governmental-body members.

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 Article 78 notice-of-petition branch, not an order to show cause or every other special proceeding.
• Use only the disclosed statutory component. Establish every omitted branch separately.

• Establish the actual noticed hearing date and time and that no order to show cause sets another service schedule.
• Identify every adverse party and the additional attorney-general or governmental-subdivision service required by the actual respondent classification.
• Complete valid service of the notice, petition and specified affidavits on each required recipient. Preserve service proof and the hearing time.
• An actual order to show cause sets its own time and manner.
• The provision requires additional delivery to an assistant attorney general at the specified venue-office or nearest-office location.
• The statute has additional service rules for specified former officers or governmental-body members.
• 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.