LEG A L DIVISIONS
APPEALS
CHIEF Leonard Koerner
DEPUTY Francis Caputo
The Appeals Division is responsible for nearly all appeals in
matters litigated by the Law Department in State and federal
court. Its cases involve virtually every area of substantive law, even
some criminal law issues. Attorneys file approximately 725 briefs
annually, and last year appeared in 22 appeals in the New York
Court of Appeals—the State’s highest court.
11
charges; and the Rent Guidelines Board’s
authority to approve certain supplemental
rent increases for apartment renewal leases.
Education
Division attorneys successfully defended the
City in an ongoing, longstanding challenge
to the Department of Education’s (DOE’s)
policy of banning worship services in public
school buildings; a bid to halt the release of
teacher evaluation reports under the Freedom
of Information Law (FOIL); a lawsuit alleging
that the City had failed to use State funds
earmarked for reducing school class sizes;
and an effort to compel the DOE to reinstate
costly yellow school bus service for middle
school students living on Staten Island and
part of Queens.
PHOTO: HUDSON RIVER PARK NEAR PIERS 92 AND 94
Win in a Major Campaign Finance Case
A federal appeals court ruled in the City’s
favor in a highly important case challenging
certain Campaign Finance Act provisions.
Those provisions limit campaign contributions
by individuals and entities having business
dealings with the City, exclude such
contributions from matching public funds,
and expand the prohibition on corporate
contributions to include partnerships, LLCs
(limited liability corporations), and LLPs
(limited liability partnerships). Signi?cantly,
the win af?rms the City’s authority to restrict
such campaign contributions.
Land Use
Division attorneys successfully defeated
challenges to two major development
projects planned for Manhattan. A State
appellate panel rejected environmental
challenges to the City’s determination to
acquire and construct a large sanitation
garage and salt-storage facility in TriBeCa,
and the same Court also upheld the City’s
approval of the redevelopment of Piers 92
and 94 along the Hudson River, as a midsized trade show facility.
Employment and Bene?ts
The Division prevailed in a major case
involving the City’s authority to determine the
size and composition of its workforce in the
midst of budget constraints; a ?re?ghter’s
attempt to secure an accident disability
pension following injuries he incurred during
a ?rehouse brawl; an attempt to compel the
City to cover healthcare bene?ts for State Off
Track Betting retirees with no guarantee of
State reimbursement; a matter establishing
that municipal unions cannot pursue
arbitration and court challenges in tandem;
and numerous individual claims by municipal
employees against the City.
Regulatory and Quality-of-Life Issues
Division attorneys successfully defended the
City’s restriction of billboards along arterial
highways and within the view of public parks;
the regulation of art vendors within City
parks; the Taxi & Limousine Commission’s
policy of suspending taxi drivers’ licenses
when drivers are arrested on criminal
Personal Injury Liability
An appellate court reversed a $2.7 million
verdict against the DOE for a high school
student accidentally injured by a classmate
while playing softball. A court also found
for the City in a woman’s claim that the
Parks Department was liable for injuries she
incurred riding in Prospect Park on a horse
rented from a private company.
Criminal Justice
Appeals attorneys defeated an inmate’s
FOIL request for unredacted police reports
containing the names and statements of
witnesses who did not testify at his murder
trial, and a lawsuit alleging that police had
improperly entered the home of a youth
who had stolen a computer. The Division
also successfully represented the City in
matters challenging aspects of its indigent
defense policies.
16%
The Appeals Division accounts for about 16 percent
of the New York Court of Appeals’ civil docket.
12