{"jurisdiction": "us-ny", "code": "cplr", "section": "7806", "citation": "CPLR § 7806", "heading": "Judgment", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/CVP/7806", "from_official_api": true, "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.) ★\n\n---\n\n**★ Exam hits:**\n- Article 78 **replaces three old writs**: **certiorari** (review), **mandamus** (compel a duty), **prohibition** (stop excess of jurisdiction).\n- **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).\n- **Special proceeding** brought in **Supreme Court** (§ 7804(a)-(b)); venue per **§ 506**.\n- 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**.\n- **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).\n- 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**).\n- Judgment can **annul / confirm / modify** and **direct or prohibit** action; **damages only incidental** to the main relief.\n\n\n---\n*Verbatim statute:* [[CPLR - Article 78]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cplr/7806", "publisher": "Elyphived LLC"}