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
| Court | Appellate Division, First Department |
|---|---|
| Decided | November 5, 2026 |
| Citation | 2026 NY Slip Op 06523 |
| Area of law | Administrative Law · Attorney Discipline and Professional Responsibility |
| Week | Week ending November 7, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06523 |
| 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 | 1794 |
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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