When is an Article 78 petition generally time-barred?

When is an Article 78 petition generally time-barred?

• A. If filed within four months after service of final determination
• B. If filed after six months with no tolling
• C. If filed after a year
• D. If filed more than four months after service of final determination, unless tolling or exceptions apply (correct)

Answer: (D)

An Article 78 petition must be filed within four months from the date the final determination is served. That four-month window is the default rule, so filing later is generally untimely. However, tolling or other statutory exceptions can extend the deadline, so the period isn’t always fixed at four months. If you file more than four months after service, you’re typically time-barred unless tolling or an applicable exception applies. For example, service by mail can extend the calculation because the clock runs an extra five days in that circumstance, and other tolling events (like defective service or specific statutory allowances) can also delay the start or pause the deadline.

An Article 78 petition must be filed within four months from the date the final determination is served. That four-month window is the default rule, so filing later is generally untimely. However, tolling or other statutory exceptions can extend the deadline, so the period isn’t always fixed at four months. If you file more than four months after service, you’re typically time-barred unless tolling or an applicable exception applies. For example, service by mail can extend the calculation because the clock runs an extra five days in that circumstance, and other tolling events (like defective service or specific statutory allowances) can also delay the start or pause the deadline.