Plaintiff commenced this proceeding pursuant to CPLR Article 78, seeking, inter alia, to be reinstated to his position as a firefighter with the New York City Fire Department [FDNY] and an award of attorneys' fees and costs and disbursements.
Supreme Court, among other things, granted that branch of the Plaintiff's petition which was for reinstatement and directed a hearing on the issue of attorneys' fees and costs. Following the hearing, Supreme Court determined that the Plaintiff was entitled to an award of attorneys' fees in the sum of $28,080, plus costs and disbursements. FDNY and the City appealed the Supreme Court's ruling.
Citing Matter of Smith v New York City Fire Dept., 239 AD3d 870 and other decisions, the Appellate Division said that "The general rule is that in [CPLR] article 78 proceedings, 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".
In the instant matter the Appellate Division held that "since the award of attorneys' fees was not authorized by agreement, statute, or court rule", the Supreme Court improperly awarded attorneys' fees to the Plaintiff.
Click HERE to access the Appellate Division's decision posted on the Internet.