January 23, 2023

Article 78.

CPLR article 78 may not be used to challenge a determination that was made in a civil action or a criminal proceeding,  except for a finding of summary contempt, pursuant to CPLR 7801[2].

Matter of Borrero v. Banks, NY Slip Op 00231 (1st Dep't January 19, 2023)

Here is the decision.