GENERAL LITIGATION Marilyn Richter
CHIEF Thomas Crane DEPUTIES Jonathan Pines,
The General Litigation Division defends the City and its agencies in lawsuits challenging policies and practices
concerning important programs in such varied ?elds as education, health care, public assistance bene?ts, prison
conditions, foster care, and election law. Many of these cases are brought as class actions in federal court and
present signi?cant and often novel issues of statutory and constitutional interpretation.
Defending the Appointment of Incoming Schools Chancellor Cathleen Black
Division attorneys successfully defended the City in three lawsuits that sought to prevent Cathleen Black’s appointment to the role
of Schools Chancellor. The lawsuits challenged a waiver—approved by the State Education Commissioner—permitting Ms. Black
to assume the helm of the Department of Education. The State Supreme Court in Albany County upheld the rationale for the
appointment and dismissed the lawsuits.
Terminating a 2003 Settlement Agreement Involving Post-Incarceration Services for Mentally Ill Ex-Inmates
In early 2003, the City entered into a settlement agreement in a class action concerning post-discharge medical treatment and
housing assistance for inmates who received mental health treatment while in a City jail. The agreement was set to terminate in
May 2009. After termination, the City would be free to create new programs and procedures designed to provide services in a
more efficient and effective manner. The plaintiffs moved to extend this agreement, but the City claimed they were too late and
that the agreement had already expired. Working closely with the Appeals Division, Division attorneys prevailed in the Appellate
Division, First Department. The plaintiffs have appealed to the Court of Appeals, the State’s highest court.
Defending the Decision to Discontinue Middle School Bus Transportation
The Division is handling a challenge to the Department of Education’s decision to end longstanding, costly yellow school bus
transportation for 7th and 8th grade students in Staten Island and on the Rockaway Peninsula in Queens. Elsewhere in the
City, middle school students living similar distances from school are provided with free or half-fare Metrocards to use public
transportation. The City contends that in fiscally difficult times, the first priority for resources must be the classrooms. While the
Supreme Court in Staten Island ordered the restoration of the yellow school bus service, Division attorneys, working with the
Appeals Division, succeeded in invoking a stay of the lower court decision while an appellate court weighs the issues. The appeal
is ongoing.
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Settling a Case Concerning Discharge of Foster Children from Psychiatric Hospitals
This action alleged that the Administration for Children’s Services (ACS) was allowing foster children to remain in acute care
psychiatric hospitals long after they were medically ready for discharge, in violation of the Americans with Disabilities Act.
Division attorneys worked quickly to reach a settlement that incorporated a new policy ACS had already created and was
planning to implement.
Ending Court Oversight of Hospital-Based Medical and Psychiatric Treatment for Inmates
Division attorneys successfully terminated an open-ended August 1990 settlement agreement that imposed detailed, burdensome
requirements on the administration of hospital-based medical and psychiatric treatment services for inmates. The plaintiffs are
inmates taken to City hospitals for more intensive treatment than is available at jail clinics. They challenged the adequacy of
treatment and the conditions of confinement at the hospi [ ?Y?\?^ [??]?H\???\?H???\??[???\??[???][??[?[?? B??Y??X][??H?]?Y?Y[Y[? ?\?[?\?Y ]??Z[??]X?\???\??\? ?\]Z\?[Y[? ?[?H \?Z[?][?]H?X^H ? L??? ?X?X?H??Y? ????[?? ?[? H[?\]X]Y? ?Y]?\?H[\?H???\?[B?\???\?[??[???\?H???\??? H?\?H\\?Y[?8?&\? [? ? ?[[?H H ? ?Y]?\?H[\?H?? ?\?[B?]\??Y[? ?[?\?Y [??X?\??\?H?H HY ?[???[ ?\??[\?Q? X?X? ^\?\?[??H ?X?X[ \ [?? ????? ][??? HXY?[?\? [?ZX\?[?? ???[][?X?]H ?]?X?K?\?K?[?[Y\??[??HYYX?[?\??X?\?\?H? H ? ?Y][\?H??\? ?\?[ ?[?X[?H?[ ?H[\?\?[?\? [??YL \??[????H HX\? H NNL ?H??\?\?H[ ????? H ?XZ[?Z[??H?] H ?\??\??Y????H ?[[?[?? H??\??HH NNM??Y\?[??\?X?\?[?[?]?\?[?] ??^\?\?H??? ?YZ?[?? ?]?H ][??[??[? ?X?]Y?[?Y?YY ??????