Appellate Division, Second Department · September 2, 2026 · 2026 NY Slip Op 05187
Matter of Starna v New York City Fire Dept.
Read the official decision: 2026 NY Slip Op 05187
Holding The Appellate Division reversed the money judgment awarding attorneys’ fees because such fees are not recoverable in CPLR article 78 proceedings unless authorized by agreement, statute, or court rule. The court determined that the lower court improperly awarded fees in the absence of such authorization.
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 05187, at the official text
since the award of attorneys' fees was not authorized by agreement, statute, or court rule, the Supreme Court improperly awarded attorneys' fees to the petitioner
2026 NY Slip Op 05187, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 2, 2026 |
| Citation | 2026 NY Slip Op 05187 |
| Area of law | Administrative Law |
| Week | Week ending September 5, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05187 |
| 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 | 365 |
Recommended citation
ESQ HQ, New York Law Watch, Matter of Starna v New York City Fire Dept., 2026 NY Slip Op 05187 (Appellate Division, Second Department, September 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05187/
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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