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In all actions or proceedings, in either the state or United States courts, in which the city or any department thereof shall be a party, an undertaking, bond, security, or stipulation which is required of the city as a condition to the obtaining of any legal remedy or process, or to the perfecting of an appeal or the stay of execution or other writ in the nature thereof, may be executed on behalf of the city by the comptroller, upon the advice of the corporation counsel that it should be executed, and in such form or manner as he or she may approve or advise.
The corporation counsel, in his or her discretion may appear, or direct any of his or her assistants to appear, in any action or proceeding, whether criminal or civil, which may be brought against any officer, subordinate or employee in the service of the city, or of any of the counties contained therein, by reason of any acts done or omitted by such officer, subordinate or employee, while in the performance of his or her duty, whenever such appearance is requested by the head of the agency in which such officer, subordinate or employee is employed or whenever the interests of the city require the appearance of the corporation counsel. The head of the agency in which such officer, subordinate or employee is employed shall submit all pertinent papers and other documents to the corporation counsel.
The district attorney and the employees of his or her office in each of the counties within the city shall be entitled to legal representation by the corporation counsel and indemnification by the city pursuant to the provisions of, and subject to the conditions, procedures and limitations contained in section fifty-k of the general municipal law.
a. The corporation counsel shall make available through the city's website a true and complete compilation of:
1. The charter, the administrative code, and the rules of the city of New York; and
2. Unconsolidated local laws enacted after January 1, 1985 that remain in effect, except such compilation shall not include any unconsolidated provision of local law that relates solely to the effective date of such local law or that solely establishes as severable any part or provision of such local law.
b. Such compilation shall include as annotations to relevant sections of the charter and administrative code any unconsolidated portions of local laws enacted after January 1, 1985 that amended such sections.
c. Such compilation shall be published in a searchable, machine-readable format or formats that are capable of being downloaded in bulk, and which are chosen for the purpose of making such compilations available to the greatest number of users and for the greatest number of applications. Such compilation shall be updated to reflect changes to such compilation no later than four weeks after such changes are made.
(Am. L.L. 2020/082, 8/28/2020, eff. 6/24/2023)
Editor's note: See Appendix A for unconsolidated local laws compiled pursuant to subdivision b of this section.
a. Definitions. For the purposes of this section, the following terms have the following meanings:
Requesting entity. The term "requesting entity" means the governmental entity that requests a nuisance abatement action, except for the New York city police department.
Nuisance abatement action. The term "nuisance abatement action" means a civil proceeding brought by the corporation counsel pursuant to subchapter 2 of chapter 7 of this title, except for a proceeding brought at the request of the New York city police department.
Type of nuisance. The term "type of nuisance" means the public nuisance, as defined in a subdivision of section 7-703, intended to be abated by a nuisance abatement action.
b. Reporting. No later than January 31, 2018 and no later than each January 31 and July 31 thereafter, the law department shall post on its website, and provide notification of such posting to the council and the mayor, a report regarding nuisance abatement actions for the six-month period ending the month prior to the month during which such report is due. This report shall include, but not be limited to, the following information:
1. Nuisance abatement actions filed, in total and disaggregated by requesting entity and type of nuisance.
2. For all nuisance abatement actions, in total and disaggregated by requesting entity and type of nuisance:
(a) the number of temporary closing orders and temporary restraining orders sought and the number granted, in total and disaggregated by the type of order; and
(b) the number of applications for preliminary injunctions sought and the number granted.
(L.L. 2017/040, 3/18/2017, eff. 3/18/2017)
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