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United States · New York civil procedure

When must an ordinary Article 78 answer be served?

CPLR 7804(c) ordinarily requires service of the answer and supporting affidavits at least five days before the noticed hearing time.

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Period
5 days
Trigger
Actual open-day hearing date and time stated in the notice of petition
Rule
CPLR 7804(c)-(f)
CPLR 7804(c)-(f)

Current official provision, website revision from 2014-09-22. Reviewed. A revision label is not an inferred effective date.

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Which event starts the CPLR 7804(c)-(f) requirement?

Retain the actual notice of petition, accepted hearing date and hour.

Prepare the verified answer and pertinent supporting proof, distinguishing any actual motion to dismiss.

Responsible actor. The adverse respondent answering the Article 78 petition. The ordinary Article 78 answer before the noticed hearing, without a different order to show cause or post-dismissal-motion schedule.

CPLR 7804(c)-(f)

How is the interval before the actual date counted?

  1. Retain the actual notice of petition, accepted hearing date and hour.
  2. Prepare the verified answer and pertinent supporting proof, distinguishing any actual motion to dismiss.
  3. Exclude the established event day and count every intermediate calendar day under GCL 20.
  4. Serve the verified answer and supporting affidavits within the interval. File the required answer and certified administrative record and preserve service and submission proof.

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.

General Construction Law 20, event-day exclusion

What does the independently derived example establish?

Fictitious example

The ordinary Article 78 answer before the noticed hearing, without a different order to show cause or post-dismissal-motion schedule. Fictitious established facts. The ordinary Article 78 answer before the noticed hearing, without a different order to show cause or post-dismissal-motion schedule.

Example counting steps
StepWhat is countedDate
Established procedural eventActual open-day hearing date and time stated in the notice of petitionSeptember 1, 2026
Disclosed statutory component5 daysThursday, August 27, 2026
Example resultThursday, August 27, 2026

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.

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Which facts change this requirement?

Verified pleading
Subdivision (d) requires the answer’s pertinent and material facts.
Administrative record
Subdivision (e) requires the body or officer’s certified transcript with the answer unless already filed.
Denied dismissal motion
Subdivision (f) gives a separate order-service-and-entry-notice answer period.
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.
CPLR 7804(c)-(f)
  • The ordinary Article 78 answer before the noticed hearing, without a different order to show cause or post-dismissal-motion schedule.
  • Use only the disclosed statutory component. Establish every omitted branch separately.

Which completed acts and evidence should be retained?

Questions about CPLR 7804(c)-(f)

When must an ordinary Article 78 answer be served?

Does the answer use five business days?

No. This is a five-calendar-day interval, subject to GCL 25-a final-day treatment.

CPLR 7804(c)-(f)

Does my dismissal motion use this same final answer date?

The timely motion and a later denied-motion answer have distinct requirements.

CPLR 7804(c)-(f)

Does failure to answer automatically grant the petition?

Subdivision (e) gives the court alternatives, including ordering an answer. The calculator does not enter judgment.

CPLR 7804(c)-(f)

Official procedural, counting and completion sources

Provisions used (9)
Provisions used in this guide
ProvisionPurpose
CPLR 7804(c)-(f)The particular actor, event, period and required act
22 NYCRR 202.5-b(d), (f), (h), (i)Branch-specific service or filing completion
CPLR 2103, party-paper service and specified method additionsBranch-specific service or filing completion
General Construction Law 20, event-day exclusionEvent-day exclusion
General Construction Law 30, corresponding calendar monthCorresponding month day and shorter-month end
General Construction Law 58, statutory yearStatutory year and leap-year treatment
General Construction Law 24, public holidaysStatutory public holidays
General Construction Law 25-a, closed final dayClosed final statutory day
Election Law 8-100(1)(c), general election dayGeneral election day
Read the official provision

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