What is the required notice period for serving an Article 78 petition before the return date?

What is the required notice period for serving an Article 78 petition before the return date?

• A. 10 days
• B. 20 days
• C. 30 days
• D. 40 days

Answer: (B)

In an Article 78 petition, the petition and a notice of petition must be served on the respondent well before the return date to give the agency time to respond and the court time to schedule. The standard notice period is 20 days before the return date. If service is by mail within New York, you add 5 days to that period; service outside the state or by other methods has additional rules. The court can shorten or extend this period only by order, or use of an order to show cause can change timelines for urgent relief. So the required notice period is 20 days.

In an Article 78 petition, the petition and a notice of petition must be served on the respondent well before the return date to give the agency time to respond and the court time to schedule. The standard notice period is 20 days before the return date. If service is by mail within New York, you add 5 days to that period; service outside the state or by other methods has additional rules. The court can shorten or extend this period only by order, or use of an order to show cause can change timelines for urgent relief. So the required notice period is 20 days.