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Monell v. Department of Social Services, 436 U.S. 658 (1978), is an opinion given by the United States Supreme Court in which the Court overruled Monroe v. Pape by holding that a local government is a "person" subject to suit under Section 1983 of Title 42 of the United States Code: Civil action for deprivation of rights. [1]
The Constitution of New York enumerates the powers of local governments, such as the power to elect a legislative body and adopt local laws. [ 3 ] [ 4 ] A local law has a status equivalent with a law enacted by the Legislature (subject to certain exceptions and restrictions [ 5 ] ), and is superior to the older forms of municipal legislation ...
The New York Court of Appeals settled this issue in 1987, holding that there is no private right of action. [10] In reaching this holding, the court reasoned that no private right of action was expressly authorized, and found that an implied private right of action would be inconsistent with the enforcement mechanism created by the Act.
The Civil Court of the City of New York is a civil court of the New York State Unified Court System in New York City that decides lawsuits involving claims for damages up to $25,000 and includes a small claims part (small claims court) for cases involving amounts up to $10,000 as well as a housing part (housing court) for landlord-tenant matters, and also handles other civil matters referred ...
New York uses a system called "continuous codification" whereby each session law clearly identifies the law and section of the Consolidated Laws affected by its passage. [ 3 ] [ 4 ] Unlike civil law codes , the Consolidated Laws are systematic but neither comprehensive nor preemptive, and reference to other laws and case law is often necessary ...
A Municipal Assistance Corporation (MAC) was an independent New York State public-benefit corporation created by the State of New York for purposes of providing financing assistance and fiscal oversight of a fiscally-distressed city. Two MACs are explicitly designated under New York law.
The New York City Department of Finance (DOF) is the revenue service, taxation agency and recorder of deeds of the government of New York City. [2] Its Parking Violations Bureau is an administrative court that adjudicates parking violations, while its Sheriff's Office is the city's primary civil law enforcement agency.
The New York State Constitution, Art.X, sec. 5, provides that public benefit corporations may only be created by special act of the legislature. In City of Rye v. MTA, 24 N.Y.2d 627 (1969), the court of appeals explained that "The debates of the 1938 Convention indicate that the proliferation of public authorities after 1927 was the reason for the enactment of section 5 of article X....