CPLR § 7806

Judgment

§ 7806. Judgment. The judgment may grant the petitioner the relief to which he is entitled, or may dismiss the proceeding either on the merits or with leave to renew. If the proceeding was brought to review a determination, the judgment may annul or confirm the determination in whole or in part, or modify it, and may direct or prohibit specified action by the respondent. Any restitution or damages granted to the petitioner must be incidental to the primary relief sought by the petitioner, and must be such as he might otherwise recover on the same set of facts in a separate action or proceeding suable in the supreme court against the same body or officer in its or his official capacity.

Official sourcehttps://www.nysenate.gov/legislation/laws/CVP/7806

In plain English

The judgment may grant whatever relief the petitioner is entitled to, or dismiss (on the merits or with leave to renew). If the proceeding reviewed a determination, the court may annul, confirm, modify it (in whole or part) and direct or prohibit specific action by the respondent. ★ Any restitution or damages must be merely incidental to the primary relief — and only what the petitioner could otherwise recover in a separate suit against that same body/officer in its official capacity. (Article 78 is not a money-damages vehicle.) ★

★ Exam hits:

Article 78 replaces three old writs: certiorari (review), mandamus (compel a duty), prohibition (stop excess of jurisdiction).
The four questions (§ 7803): (1) failed a legal duty; (2) acted without/in excess of jurisdiction; (3) arbitrary & capricious / error of law / abuse of discretion (incl. penalty); (4) substantial evidence (only after a required evidentiary hearing).
Special proceeding brought in Supreme Court (§ 7804(a)-(b)); venue per § 506.
Service day-counts: notice of petition 20 days before hearing, answer 5 days, reply 1 day before; against a state actor you also serve the Attorney General.
Transfer rule (§ 7804(g)): a substantial-evidence issue is decided by the Appellate Division, but only after Supreme Court clears threshold defenses (jurisdiction, SOL, res judicata).
Can't use Article 78 against a non-final determination or one made in a civil/criminal action (except summary contempt in the court's presence).
Judgment can annul / confirm / modify and direct or prohibit action; damages only incidental to the main relief.

Verbatim statute: CPLR - Article 78

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.

In print

This provision appears in Volume 2 — The JG-22 CPLR and in Volume 1 — The JG-22 in Plain English.