Brown v. New York City Department of Education

OPINION OF THE COURT

Nicholas Figueroa, J.

Petitioner, a public school principal, brings this CPLR article 78 proceeding to annul the City Corporation Counsel’s refusal to provide her with legal counsel, pursuant to General Municipal Law § 50-k (2), in her defense against a suit brought by one of her former students in federal court. Petitioner challenges such denial as arbitrary and capricious.

Section 50-k (2) of the General Municipal Law provides, in relevant part, as follows:

“At the request of the employee [of a City department] . . . , the city shall provide for the defense of [the]…