Public Advocate Letitia James has lost another lawsuit against a city agency when a mid-level appeals court restated on Tuesday that her office doesn’t have the authority to sue.
Manhattan’s appellate division unanimously tossed her 2015 suit against the Department of Education that demanded air-conditioned school buses for disabled kids.
“The Public Advocate lacks capacity to bring this suit, she undisputedly lacks express statutory authority to do so, and such capacity is not implied by her powers and duties pursuant to the city charter,” the decision says.
Another appeals court had already booted James from a case against the Staten Island district attorney over the choke-hold death of Eric Garner for the same reason.
James “will never stop fighting for the most vulnerable New Yorkers,” her spokeswoman Anna Brower said. “We are considering all of our options, including appeal and legislative remedies.”
A city Law Department spokesman noted that even though the court ruled against James, “our schools are working hard to address the air conditioning issue for students.”
GOP mayoral candidate Nicole Malliotakis called the ruling a “disappointment,” claiming “our heartless” mayor “refused to do the right thing and provide these children with autism the proper care they need and deserve.”