Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05183
Matter of Ceasar v New York City Employees’ Retirement Sys.
Read the official decision: 2026 NY Slip Op 05183
Holding The Appellate Division reversed the lower court’s award of attorneys’ fees because such awards in CPLR article 78 proceedings require authorization by agreement, statute, or court rule. Additionally, the court found that any sanction for frivolous conduct was improper because the respondents were not afforded a reasonable opportunity to be heard before the sanctions were imposed.
The court’s words
the prevailing party may not collect attorneys' fees from the loser unless an award is authorized by agreement between the parties or by statute or by court rule
2026 NY Slip Op 05183, at the official text
the NYCERS parties were not afforded a reasonable opportunity to be heard before sanctions were imposed
2026 NY Slip Op 05183, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05183 |
| Area of law | Administrative Law |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05183 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 353 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Ceasar v New York City Employees’ Retirement Sys., 2026 NY Slip Op 05183 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05183/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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