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Appellate Division, First Department · October 6, 2026 · 2026 NY Slip Op 05731

Matter of Local 621, S.E.I.U. v New York City Dept. of Corr.

Read the official decision: 2026 NY Slip Op 05731

Holding The Appellate Division affirmed the annulment of the DOC’s determination but modified the judgment to deny the award of costs and attorneys’ fees. The court held that such fees are not authorized in a CPLR article 78 proceeding absent a specific statutory or contractual provision.

The court’s words

Supreme Court, however, improperly granted costs and attorneys' fees, which are not authorized by agreement, statute, or court rule

2026 NY Slip Op 05731, at the official text

Petitioners' reliance on 42 USC § 1988 is misplaced, as they did not assert a substantial federal constitutional claim

2026 NY Slip Op 05731, at the official text
CourtAppellate Division, First Department
DecidedOctober 6, 2026
Citation2026 NY Slip Op 05731
Area of lawAdministrative Law
WeekWeek ending October 10, 2026
Official textOfficial decision: 2026 NY Slip Op 05731
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id953

Recommended citation

ESQ HQ, New York Law Watch, Matter of Local 621, S.E.I.U. v New York City Dept. of Corr., 2026 NY Slip Op 05731 (Appellate Division, First Department, October 6, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05731/

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 October 6, 2026. Updated October 6, 2026.