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MATTER OF JAMES v. CITY OF NEW YORK

4571, 101557/15.

154 A.D.3d 424 (2017)

60 N.Y.S.3d 810

2017 NY Slip Op 06906

In the Matter of LETITIA JAMES, Respondent, et al., Petitioners, v. CITY OF NEW YORK et al., Respondents, and NEW YORK CITY DEPARTMENT OF EDUCATION et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 3, 2017.

The Public Advocate lacks capacity to bring this suit, since she undisputedly lacks express statutory authority to do so, and such capacity is not implied by her powers and duties pursuant to NY City Charter § 24 (see Community Bd. 7 of Borough of Manhattan v Schaffer, 84 N.Y.2d 148, 155-156 [1994]; cf. Matter of Green v Safir, 174 Misc.2d 400 [Sup Ct, NY County 1997], affd<...

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