(a) Definition of “body or officer”. The expression “body or officer” includes every court, tribunal, board, corporation, officer, or other person, or aggregation of persons, whose action may be affected by a proceeding under this article[.]*
§ 7802.Parties.
Article 78. Proceeding Against Body or Officer · Last amended 1981 · Last verified July 21, 2026
In one sentenceCPLR 7802 defines who counts as a body or officer subject to an Article 78 proceeding, allows the proceeding against officials whose terms have expired, requires joining the party a prohibition proceeding would benefit, and lets the court order notice to or allow intervention by other interested persons.
Full Text of CPLR 7802
(b) Persons whose terms of office have expired; successors. Whenever necessary to accomplish substantial justice, a proceeding under this article may be maintained against an officer exercising judicial or quasi-judicial functions, or member of a body whose term of office has expired. Any party may join the successor of such officer or member of a body or other person having custody of the record of proceedings under review.
(c) Prohibition in favor of another. Where the proceeding is brought to restrain a body or officer from proceeding without or in excess of jurisdiction in favor of another, the latter shall be joined as a party.
(d) Other interested persons. The court may direct that notice of the proceeding be given to any person. It may allow other interested persons to intervene.
Plain-English Summary
Subdivision (a) gives "body or officer" a wide definition: every court, tribunal, board, corporation, officer, or other person or group of persons whose action might be affected by an Article 78 proceeding. That breadth matters because it determines who can be named as a respondent in the first place, reaching well beyond individual government officials to institutions and multi-member bodies.
Subdivision (b) solves a timing problem. Whenever necessary to accomplish substantial justice, a proceeding can be maintained against an officer with judicial or quasi-judicial functions, or a member of a body, whose term has already expired by the time the proceeding is brought. Any party can also join that person's successor, or whoever now has custody of the relevant record, so the proceeding doesn't fail just because an official has left office.
Subdivision (c) addresses proceedings brought to restrain a body or officer from acting without or beyond its jurisdiction in someone else's favor, the modern equivalent of the old writ of prohibition: the person who stands to benefit from that restrained action has to be joined as a party, so the proceeding doesn't unfold without input from the person it will affect. Subdivision (d) rounds out the section by giving the court discretion to direct that notice of the proceeding go to any person, and to allow other interested persons to intervene.
Frequently Asked Questions
Who counts as a "body or officer" under CPLR 7802?
Every court, tribunal, board, corporation, officer, or other person or group of persons whose action may be affected by an Article 78 proceeding.
Can you bring an Article 78 proceeding against someone whose term of office has expired?
Yes, whenever necessary to accomplish substantial justice, and any party may also join that person's successor or whoever now holds custody of the relevant record.
Who has to be joined in a prohibition-type Article 78 proceeding?
The person in whose favor the body or officer is allegedly acting without or in excess of jurisdiction must be joined as a party.
Can other interested people join an Article 78 proceeding?
Yes. The court may direct that notice be given to any person and may allow other interested persons to intervene.
Do you name the agency or the individual official as respondent in an Article 78 proceeding?
Either can work, since the definition of "body or officer" covers courts, tribunals, boards, corporations, officers, and other persons or groups whose action is at issue, but the proceeding can also reach a successor if the original official's term has ended.
Can a corporation be a respondent in an Article 78 proceeding?
Yes. CPLR 7802(a) defines "body or officer" to include every corporation whose action may be affected by the proceeding, not just individual government officials.
What happens if the official you need to sue has already left office?
The proceeding can still be maintained against that former officer or member whenever necessary to accomplish substantial justice, and any party may also join the successor or whoever now has custody of the relevant record.
Advisory Committee Notes
Subd (a) of this section retains the former definition of a “body or officer,” though this definition is somewhat circular in order to warn the bar that this proceeding must be used in certain actions against nongovernmental bodies. Subd (b) of this section is derived from the first sentence of CPA § 1290. No change in meaning is intended. This situation is related to that covered by § 1019, which applies to substitution. The requirement of notice to attorney-general has been added. Since a former public officer no longer bears responsibility and may have no interest in maintaining the public interest which may be at stake, it is desirable that the attorney-general have notice of the * The bracketed punctuation has been inserted by the Publisher.
proceedings. See also § 1019, dealing with substitution of public officers. The phrase “exercising judicial or quasi-judicial functions” indicates that no change in meaning from the former provision was intended.
Subd (c) of this section is derived from the second sentence of CPA § 1290 with simplification of language but no change in meaning.
Subd (d) of this section is derived from CPA § 1298 without change in substance. Section 1012(a) specifies certain cases in which there will be a right to intervene and § 1013 allows for permissive intervention. This subdivision, however, grants a court broader power to allow intervention than is provided in the latter provision. Although the notice provision of CPA § 1298 applied only to the Appellate Division, this subdivision allows any court to direct that notice be given.
Amendment History
Add, L 1962, ch 308, § 1, eff Sept 1, 1963; amd, L 1981, ch 502, § 1, eff July 15, 1981.
Source & verification. Provision text, History, and Advisory
Committee Notes are reproduced verbatim from the Consolidated Laws of New York.
Last verified July 21, 2026.
· Official source
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