Ordered that the order and judgment is affirmed, without costs or disbursements.
Contrary to the petitioner's contention, we conclude that the Supreme Court properly denied his request for attorneys' fees pursuant to 42 U.S.C. § 1988 inasmuch as his cause of action is not a bona fide civil rights cause of action pursuant to 42 U.S.C. § 1983 (see, Matter of Cruz v. Perales, 158 A.D.2d 597; Matter of Rashid v. Perales, 156 A.D.2d 692). Bracken, J.P., Kooper, Rubin and Miller, JJ., concur.