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Appellate Division, First Department · November 5, 2026 · 2026 NY Slip Op 06523

Matter of Groovy Vibes, LLC v New York City Sheriff’s Office

Read the official decision: 2026 NY Slip Op 06523

Holding The Appellate Division reversed the lower court’s award of attorneys’ fees because the petitioner failed to assert any substantial federal constitutional claim in its CPLR article 78 petition. Since the petitioner only raised federal arguments after judgment in support of the fee motion, the court lacked authority to award fees under 42 USC § 1988.

The court’s words

Supreme Court lacked authority to award fees under 42 USC § 1988 because petitioner did not assert any substantial federal constitutional claim

2026 NY Slip Op 06523, at the official text

it never invoked the United States Constitution, 42 USC § 1983, or any federal right

2026 NY Slip Op 06523, at the official text

Because no federal claim was pleaded in the petition, CPLR 7806 bars an award of attorneys' fees

2026 NY Slip Op 06523, at the official text
CourtAppellate Division, First Department
DecidedNovember 5, 2026
Citation2026 NY Slip Op 06523
Area of lawAdministrative Law · Attorney Discipline and Professional Responsibility
WeekWeek ending November 7, 2026
Official textOfficial decision: 2026 NY Slip Op 06523
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1794

Recommended citation

ESQ HQ, New York Law Watch, Matter of Groovy Vibes, LLC v New York City Sheriff’s Office, 2026 NY Slip Op 06523 (Appellate Division, First Department, November 5, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06523/

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 November 5, 2026. Updated November 5, 2026.