Opinion
October 1, 1990
Appeal from the Supreme Court, Suffolk County (Lama, J.).
Ordered that the cross appeal is dismissed, without costs or disbursements, as abandoned; and it is further,
Ordered that the judgment is reversed insofar as appealed from, on the law, without costs or disbursements, and the application for attorney's fees is denied.
Contrary to the petitioner's contention, we find that the Supreme Court improperly granted his request for attorney's fees pursuant to 42 U.S.C. § 1988. The petitioner's cause of action, essentially to compel prompt compliance with a decision after a hearing, was not a bona fide civil rights cause of action pursuant to 42 U.S.C. § 1983 (see, Matter of Rashid v. Perales, 156 A.D.2d 692; see also, Matter of Ehrman v. Perales, 162 A.D.2d 598; Matter of Middleton v. Perales, 160 A.D.2d 800). Kooper, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.