New York Law Review

Tag: original jurisdiction

  • City of Newburgh v. Public Employment Relations Board, 63 N.Y.2d 793 (1984): Original Jurisdiction in Article 78 Proceedings

    City of Newburgh v. Public Employment Relations Board, 63 N.Y.2d 793 (1984)

    An Article 78 proceeding must be commenced in the Supreme Court unless a judge of a specified court is named as a respondent, in which case it must be commenced in the Appellate Division; this jurisdictional requirement cannot be waived.

    Summary

    The City of Newburgh commenced an Article 78 proceeding in the Appellate Division, naming only the District Attorney and Chief Assistant District Attorney of Sullivan County as respondents. The Court of Appeals held that the Appellate Division lacked original jurisdiction because CPLR 7804(b) mandates that such proceedings be brought in Supreme Court unless a judge is named as a respondent. The court emphasized that this provision concerns subject matter jurisdiction and is not waivable, distinguishing it from mere venue requirements.

    Facts

    The City of Newburgh initiated an Article 78 proceeding. The respondents named in the proceeding were the District Attorney of Sullivan County and the Chief Assistant District Attorney.

    Procedural History

    The proceeding was commenced in the Appellate Division. The Court of Appeals affirmed the Appellate Division’s judgment, effectively agreeing that the Appellate Division lacked original jurisdiction to hear the case in the first instance.

    Issue(s)

    Whether the Appellate Division has original jurisdiction to entertain an Article 78 proceeding where only the District Attorney and Chief Assistant District Attorney are named as respondents, and not a judge of a specified court.

    Holding

    No, because CPLR 7804(b) requires that an Article 78 proceeding be commenced in the Supreme Court unless a judge of the Supreme Court, County Court, or Court of General Sessions is named as a respondent.

    Court’s Reasoning

    The Court of Appeals based its decision on the statutory interpretation of CPLR 7804(b) and CPLR 506(b). CPLR 7804(b) explicitly states that Article 78 proceedings should be brought in the Supreme Court, except as otherwise provided in CPLR 506(b). CPLR 506(b) carves out an exception only when the proceeding is against a judge of the supreme court or a judge of a county court or the court of general sessions, in which case it should be commenced in the Appellate Division. The court stated, “CPLR 7804 (subd [b]) concerns the subject matter jurisdiction of the lower courts in article 78 proceedings. Considered with the provision it refers to (CPLR 506, subd [b]), the statute clearly requires that such a proceeding be commenced in Supreme Court, unless certain Judges are named respondents, in which case it must be commenced in the Appellate Division.”

    The court distinguished between venue provisions, which can be waived, and subject matter jurisdiction, which cannot. Because CPLR 7804(b) relates to subject matter jurisdiction, the requirement that the proceeding be commenced in Supreme Court (unless a judge is a respondent) is not waivable. The court highlighted the importance of commencing the proceeding in the proper court, as it goes to the fundamental power of the court to hear the case. The court explicitly contrasted the jurisdictional limitations in CPLR 7804(b) with the express grant of jurisdiction found in CPLR 7804(g).