Section 391.
§ 391. Department; corporation counsel. There shall be a law
department the head of which shall be the corporation counsel.
Section 392.
§ 392. Assistants. a. The corporation counsel may appoint a first
assistant corporation counsel and such other assistants as may be
necessary within the appropriation therefor.
b. The first assistant corporation counsel shall, during the absence
or disability of the corporation counsel, possess all the powers and
perform all the duties of the corporation counsel and in case of the
death of the corporation counsel or of a vacancy in that office shall
act as corporation counsel until the appointment and qualification of a
corporation counsel.
c. Any assistant shall, in addition to the duties regularly assigned
to him or her, possess such of the powers and perform such of the duties
of the corporation counsel as the corporation counsel shall empower such
assistant to exercise by written authority filed and remaining on record
in the department.
Section 393.
§ 393. Offices. The corporation counsel may maintain an office in
each of the boroughs or any of them.
Section 394.
§ 394. Powers and duties. a. Except as otherwise provided in this
chapter or other law, the corporation counsel shall be attorney and
counsel for the city and every agency thereof and shall have charge and
conduct of all the law business of the city and its agencies and in
which the city is interested.
b. Except as otherwise provided in this chapter or other law, the
corporation counsel shall have charge and conduct of the legal
proceedings necessary in opening, widening, altering and closing streets
and in acquiring real estate or interests therein for the city by
condemnation proceedings, and the preparation of all leases, deeds,
contracts, bonds, and other legal papers of the city, or of or connected
with any agency or officer thereof, and the corporation counsel shall
approve as to form all such deeds and bonds and, individually or by
standard type of class, all contracts, leases and other legal papers.
c. Except as otherwise provided in this chapter or other law, the
corporation counsel shall have the right to institute actions in law or
equity and any proceedings provided by law in any court, local, state or
national, to maintain, defend and establish the rights, interests,
revenues, property, privileges, franchises or demands of the city or of
any part or portion thereof, or of the people thereof, or to collect any
money, debts, fines or penalties or to enforce the laws. The corporation
counsel shall not be empowered to compromise, settle or adjust any
rights, claims, demands, or causes of action in favor of or against the
city, and shall not permit, offer or confess judgment against the city,
or accept any offer of judgment in favor of the city without the
previous approval of the comptroller, except that with regard to matters
involving excise and non-property taxes, such previous written approval
shall be obtained from the finance administrator; provided, however,
that this inhibition shall not operate to limit or abridge the
discretion of the corporation counsel in regard to the proper conduct of
the trial of any action or proceeding or to deprive such corporation
counsel of the powers and privileges ordinarily exercised in the courts
of litigation by attorneys-at-law when acting for private clients.
Section 395.
§ 395. Legal service to agencies. The corporation counsel may assign
an assistant or assistants to any agency. The head of each agency,
within appropriations for such purpose, may employ staff counsel to
assist in the legal affairs of the agency. No officer or agency, except
as provided in this chapter or otherwise especially provided, shall have
or employ any attorney or counsel, except where a judgment or order in
an action or proceeding may affect such officer or agency individually
or may be followed by a motion to commit for contempt of court, in which
case such officer or agency may employ and be represented by attorney or
counsel at their own expense.
Section 396.
§ 396. Actions and proceedings for recovery of penalties. All
actions and proceedings for the recovery of penalties for the violation
of any law shall be brought in the name of the city of New York and not
in that of any agency, except where otherwise provided by law.
Section 397.
§ 397. Delegation of legal authority. a. The mayor may delegate to
any agency, after consultation with the corporation counsel and the head
of the agency, responsibility for the conduct of routine legal affairs
of the agency subject to standards, policies, and guidelines of the
corporation counsel, and consistent with city-wide controls and
uniformity. The mayor may transfer or assign attorneys from the law
department to the agency to assist in the conduct of such delegated
functions. The corporation counsel shall monitor and evaluate on a
regular and continuous basis the exercise of authority delegated
pursuant to this section and the mayor, on recommendation of the
corporation counsel, may suspend or withdraw any delegated authority
whenever in his or her judgment the interests of the city justify such
action.
b. Nothing contained in this section shall abrogate the authority of
the corporation counsel as attorney and counsel for the city and every
agency of the city.
Section 398.
§ 398. Ex parte administrative warrants. If entry to a location or
premises to be inspected pursuant to an agency's powers and duties is
not gained on consent, or if circumstances call for entry without prior
notice, the commissioner of such agency, or his or her authorized
representative, may request the corporation counsel to make an
application, ex parte, in any court of competent jurisdiction for an
order directing the entry and inspection of such premises or location
and, in accordance with applicable law, to abate any nuisance thereon.
Nothing in this section shall be construed to limit, abridge, affect or
amend the power of an agency under law, including state, local or case
law, to enter and inspect any location or premises or abate any nuisance
thereon, either with or without a warrant, to carry out any of its
functions, powers and duties.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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