Nature of proceeding
§ 7801. Nature of proceeding. Relief previously obtained by writs of certiorari to review, mandamus or prohibition shall be obtained in a proceeding under this article. Wherever in any statute reference is made to a writ or order of certiorari, mandamus or prohibition, such reference shall, so far as applicable, be deemed to refer to the proceeding authorized by this article. Except where otherwise provided by law, a proceeding under this article shall not be used to challenge a determination:
1. which is not final or can be adequately reviewed by appeal to a court or to some other body or officer or where the body or officer making the determination is expressly authorized by statute to rehear the matter upon the petitioner's application unless the determination to be reviewed was made upon a rehearing, or a rehearing has been denied, or the time within which the petitioner can procure a rehearing has elapsed; or
2. which was made in a civil action or criminal matter unless it is an order summarily punishing a contempt committed in the presence of the court.
The old common-law writs of certiorari (to review), mandamus (to compel), and prohibition (to forbid) are gone as separate things — you now get all that relief in one Article 78 proceeding. ★ Any statute that still mentions those old writs is read as pointing to this proceeding.
Two things you generally cannot attack with Article 78:
1. A determination that isn't final, or one you could fix by a normal appeal, or one the agency is allowed to rehear on your request (unless you already got the rehearing, it was denied, or your time to ask ran out). ★ Finality + exhaustion is the trap: challenge the final decision only, after using up in-house remedies.
2. A determination made in a civil action or criminal matter — the one exception being an order that summarily punishes a contempt committed in front of the court. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.