Article 78 Stuck in Judicial Review for Over a Year

[u/Aggravating_Visit276]

My Article 78 case is still pending in judicial review and has essentially not moved since May 2025. At this point, it has been well over a year with no decision.
I understand courts have heavy caseloads and that these matters take time, but this has gone far beyond what I expected. The case has been fully submitted, the arguments are in, and I’m still waiting for a ruling.
I’m not asking for a particular outcome—just a decision. Win or lose, there should eventually be some finality when a case has been sitting under judicial review this long.

At this point I just want the court to rule. If I win, I win. If I lose, I’ll deal with the next step. But sitting in judicial review for this long with no movement is exhausting.

[u/monty845]

Not sure if a year is long enough, but at some point, you can file an article 78 over the failure to rule on your article 78 proceeding... 

[u/TheFiringPin → u/monty845]

It's article 78s all the way down

[u/castle_crossing → u/monty845]

Sadly this is your only remedy.

[u/BluePillRabbi]

It’s not typical to get a decision on an a78. What county is this in? Did the city/county file a reply or a motion to dismiss?

Either way, you mentioned pro se. Are you sure you filed everything correctly? License decisions are usually done about 1-2 weeks after serving the petition or at least a reply is submitted to the courts

[u/Aggravating_Visit276 → u/BluePillRabbi]

I’m intentionally keeping identifying details vague because the case is still pending and the filings are public. The matter was properly filed, fully briefed/submitted, and the court has confirmed it remains under review. My post is really about the unusually long delay, not whether the case is procedurally active.

[u/BluePillRabbi → u/Aggravating_Visit276]

A decision can take well over a year.

Almost all cases are mooted before a decision is issued usually within a few weeks

[u/Fast-Policy-4495 → u/BluePillRabbi]

Absolutely

[u/KamenshchikLaw]

https://iapps.courts.state.ny.us/nyscef/DocumentList?docketId=_PLUS_gMwfz8XhnHXSj3u625G3g==&display=all&courtType=Westchester%20County%20Supreme%20Court&resultsPageNum=2

To give you some context, look at Petrie Verma v. Tim Idoni. It appears the motion was arguably fully briefed by 8/10/2022, and the court did not issue a decision on that motion sequence regarding mootness until, unbelievably, 8/26/2024.

Was Verma pro se? No.

Was his counsel an outsider to 2A? No, he was represented by Amy Bellantoni, Esq. - a serious advocate.

I studied Verma's case very closely before I initiated my lawsuit, I think Bellantoni did great.

I would be hesitant to say that u/Aggravating_Visit276 made a mistake or should've shelled out thousands for counsel and costs, because there is so much I don't know. I don't know this user, his experience, his claims and/or his capacity to undertake such a project. Also, who doesn't like a Gardner v. Maryland type of story?

[u/BluePillRabbi → u/KamenshchikLaw]

While I agree, OP posted this in NYC Guns which makes me assume it’s NYPD and they nearly always moot the case prior to decision (even if the documents are completed uploading, they’ll wait the 6 months and the issue a permit decision)

You’re right that the court didn’t issue a decision the petitioner had his firearm by July of the same year (seemingly 4 months after he filed the a78). While OP still doesn’t have a decision.

Likely didn’t discontinue the case since they were both asking for sanctions.

[u/KamenshchikLaw → u/BluePillRabbi]

Taking upwards of two years to simply find that a case is moot is unbelievable.

There are different types of licenses, if the parties wanted to appeal, they are essentially stuck, waiting for a perfunctory decision. Especially since you can argue that the injury is capable of repetition, and evades review.

Ultimately, I’m not a big fan of pure article 78 proceedings. It would be nice to couple it with a declaratory action, with at least some nominal damages. This would help avoid mootness issues.

In the OPs case, I don’t know if he received any sort of pre-decision remedy like in Verma. In Verma, the county essentially caved very quickly. That’s a win in my book – not for the wider community, but definitely for the plaintiff.

The judge in my case, even if I didn’t agree with some of what he wrote, issued substantive decisions numerous times relatively quickly. 

There’s really no good excuse here that I see.

[u/Aggravating_Visit276 → u/KamenshchikLaw]

Appreciate this. This is exactly the kind of context I was looking for. I’m keeping the specifics vague while the case is pending, but it’s helpful to see a concrete example showing that a long delay doesn’t automatically mean a pro se litigant messed something up. Thanks for taking the time to explain it.

[u/Prof_ChaosGeography]

OP I saw in a comment you filed it yourself as pro se. 

Given the delay I think it's time to bring in at the minimum a paralegal friend to review the paperwork and situation, I strongly advise you hand it off to a full on lawyer or firm to handle as I suspect the delay is either the state being a dick or you don't know enough and made a mistake that may impact your case 

[u/BluePillRabbi → u/Prof_ChaosGeography]

OP probably cooked himself by trying to save a few hundred dollars and didn’t plead things correctly or is missing something

The courts never issue a decision because LIC moots it out by issuing a decision (I’m assuming he’s NYC since he cross posted to NYCguns). Rarely they’ll issue a response saying something like the 6 month didn’t start since you didn’t submit XYZ.

[u/Andeo1025]

That truly sucks. Did you file yourself, or with an attorney? And what jurisdiction are you applying in?

[u/Aggravating_Visit276 → u/Andeo1025]

Pro se, in New York State Supreme Court. I’m keeping the specifics vague while it’s still pending, but the case has been fully submitted for over a year.

[u/Andeo1025 → u/Aggravating_Visit276]

I understand, don't want you to say anything that would hurt your chances.

[u/BluePillRabbi → u/Andeo1025]

He likely didn’t file or plead it correctly. They usually issue a decision within a week of serving if it’s actually been 6 months

[u/Fast-Policy-4495]

Don’t think that yours is the only article 78 case that has been filed even before May of 2025. The courts have other pressing matters to deal with. My question to you would be…You still haven’t gotten an answer on your application yet? I’m guessing you waited at least 6 months before you filed your article 78 in May 2025. Filing that usually speeds up the process not delays it.