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
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 6, 2026 |
| Citation | 2026 NY Slip Op 05731 |
| Area of law | Administrative Law |
| Week | Week ending October 10, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05731 |
| 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 | 953 |
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.
Read how Law Watch works