Thank you for your clarification.
An Article 78 is filed for one of the following:
1. whether the body or officer failed to perform a duty enjoined upon it by law; or
2. whether the body or officer proceeded, is proceeding or is about to proceed without or in excess of jurisdiction; or
3. whether a determination was made in violation of lawful procedure, was affected by an error of law or was arbitrary and capricious or an abuse of discretion, including abuse of discretion as to the measure or mode of penalty or discipline imposed; or
4. whether a determination made as a result of a hearing held, and at which evidence was taken, pursuant to direction by law is, on the entire record, supported by substantial evidence.
So once someone in your situation exhausts their administrative appeals for this, then YES, an Article 78 may be filed.
Counsel is not mandatory, but is highly recommended. This is because 78 is a lawsuit. This means drafting the complaint, filing it, serving it, and going through legal procedure, as well as possibly trial. This is not easy to do, even for attorneys.
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