Asked in Civil Litigation for New York

Q: Statue of Limitations for Article 78

I tried to correct a birth certificate but received a denial letter from NYS Dept. of Health saying I need a supreme court order. The letter is dated 11/5, is there a statue of limitations?

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1 Lawyer Answer
Barry E. Janay
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  • Livingston, NJ
  • Licensed in New York

A: While I'd need to see the actual letter to give the most accurate advice / opinion, I can say this. An Article 78 is essentially an appeal of a decision of an NY or NYC agency such as the Dept. of Health / Dept. of Vital Statistics, in order to successfully appeal the decision by the dept. / agency you need to show that they had no basis under the law for what they did (among other reasons). That being the case it depends entirely on the basis for the denial as to whether you should start an Art. 78 proceeding. Now, as to the time or statute of limitations issue, I am not aware of ANY statute of limitations on correcting a defect in a birth certificate and I'd be pretty shocked if there is one because no matter the time frame the gov't has a compelling interest in recording accurate birth records.

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