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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
CourtAppellate Division, Second Department
DecidedSeptember 2, 2026
Citation2026 NY Slip Op 05183
Area of lawAdministrative Law
WeekWeek ending September 5, 2026
Official textOfficial decision: 2026 NY Slip Op 05183
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id353

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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Published September 2, 2026. Updated September 2, 2026.