Are monetary damages awarded in Article 78 proceedings?
Monetary damages, such as restitution, are obtainable in Article 78 proceedings. Any restitution or damages granted to the petitioner, however, 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 New York State Supreme Court against the same administrative agency, public body or officer in its or his official capacity (CPLR 7806). Can enforcement of the determination under review be stayed? On the motion of any party or on its own initiative, the court can stay further proceedings, or the enforcement of any determination under review, upon terms including notice, security and payment of costs. The enforcement of an order or judgment granted by the Appellate Division, however, may be stayed only by order of the Appellate Division or the New York State Court of Appeals. Unless otherwise ordered, security given on a stay is effective in favor of a person subs
